judge's order.-Rogers v. Dallimore, 6 Taunton, 111; Sherry v. Oke, 3 Dowl; Rushworth v. Barrow, 3 Dowl. 317. But the rule in such cases appears to be that the application should be made before the last day of the next term after the publication of the award.-Potter v. Newman, 4 Dowling, 504. So when the reference is made at Nisi Prius of the cause and all other matters in difference.-Hayward v. Phillips, 1 Nev. & P. 288; Moore v. Butlin, 2 Nev. & P. 436; Allenby v. Proudlock, 4 Dowling, 54; but see Lyng v. Sulton, 4 Dowl. 38. But if the verdict be taken at Nisi Prius, and the cause only be referred, the motion should be made within the first four days of the next term. Rawsthorne v. Arnold, 6 B. & C. 629; Sell v. Carter, 2 Dowling, 245; Thomson v. Jennings, 10 Moore, 110; Reynolds v. Askew, 5 Dowling, 682; Allenby v. Proudlock, 4 Dowl. 54; Martin v. Burge, 4 Ad. & El. 974. See generally on this subject, Watson on Arbitration and Awards, 2nd edit. 217.

15. Where the defendant in an action of trespass or a special action on the case, pleads the general issue and also a special plea of justification to the whole declaration, and a verdict passes for the plaintiff on the general issue with nominal damages, and for the defendant on the special plea, to what costs is the plaintiff entitled ?

A. The plaintiff will be entitled to the costs of the plea of general issue only, and the defendant will receive the general costs of the day.2 Archb. Pract. by Chitty, pp. 1156, 1159, 7th ed.; Knight v. Moore, 3 Bing. N. C. 534; 5 Dowl. 487, S. C.; Robert v. Phillips, 5 Dowl. 473; Crick v. Webb. at Chamb. before Mr. Baron Parke, M.S.S.

BANKRUPTCY.

1. Refer to the last two statutes altering the Bankrupt Laws? A. 5 & 6 Vict., cc. 116 and 122.

2. What persons are liable to be made bankrupts ?

A. Generally all traders.—See 6 G. 4, c. 16, s. 2; 5 & 6 Vict., c. 122, s. 10. The following are excepted by 6 G. 4, c. 16, s. 2; viz.— farmer, grazier, common labourer, or workman for hire, receivergeneral of taxes, or member of, or subscriber to any incorporated, commercial, or trading companies, established by charter or Act of Parliament as such.-See Mont. and Ayr. Bankruptcy Pract., ch. 1 s. 1 ; Henley's Bank., ch. 1; 1 Weekly Law Mag., 20.

3. State some of the acts which constitute an act of bankruptcy. A. Departing, &c., dwelling-house or realm, remaining in house, or abroad, suffering, &c., himself to be arrested for any debt not due, yielding himself to prison, procuring his goods, &c., to be attached, &c., making fraudulent grant, conveyance, or gift of lands, goods, &c., lying in prison for 21 days, not paying or compounding for debt after notice to do so, not obeying orders of Courts of Bankruptcy, Equity,

&c.-6 G. 4, c. 16, ss. 3, 4, 5; 1 & 2 Vict., c. 110, s. 8; 5 & 6 Vict., c. 122, ss. 13, 14, 20; Mont. and Ayr. Bank. Pr. Ch. 4, p. 34 to 73; Roscoe's Ev. p. 558 to 571, 5 ed.; 1 Week. Law Mag. 20-2, 37.

4. What must be the amount of the petitioning creditor's debt, where due to one person, or two or three persons?

A. Single creditor (or several persons being partners), £50; 2 creditors, £70; 3 or more creditors, £100.-5 & 6 Vict. c. 122, s. 9; 1 Week. Law Mag. 20.

5. What are contingent debts, and in what cases are they proveable under a fiat in bankruptcy?

A. A contingent debt is where a time of payment may never arrive, or where the time of payment or amount is uncertain, and where the event does not depend upon the will of the creditor.-Clayton v. Gosling, 5 Barn. and Cr. 360; Boorman v. Nash, 9 id. 125; Ex parte Barker, 9 Ves. 110; Hancock v. Entwistle, 3 Term Rep. 435; Roscoe's Evid. 595, 5th ed.; Mont. and Ayr. Bank. Pract., 154—6.

6. What court or courts have peculiar, or any, jurisdiction in bankruptcy?

A. The Court of Review and Commissioners' Courts.-See 1 & 2 Will. 4, c. 56; 5 & 6 Will. 4, c. 29, s. 21; 5 & 6 Vict., c. 122. 7. Does any appeal lie from these courts, and to whom?

A. From Court of Review to Lord Chancellor, on special case stated —1 & 2 W. 4, c. 56, s. 3; Mont. and Ayr. Bank. Pract., p. 439; Exp. Keys, 1 Mont. and Ayr. 240.

To House of Lords.-1 & 2 Will. 4, c. 56, s. 37; Mont. and Ayr. Bank. Pract. 402, 441, 464; Expte. Pollard, 4 Deac. 275.

From Subdivision Court, or Commissioner to Court of Review.—1 & 2 Will. 4, c. 56, s. 31 ; 5 & 6 Vict. c. 122, s. 66; Mont. and Ayr Pract. 402, 441, 464; Exp. Turner, 1 Mont. and Ayr. 268.

8. How are the official assignees and the creditors' assignees respectively appointed?

A. Creditors' assignee by major part of creditors above £10; official assignee by Lord Chancellor.—6 G. 4, c. 16, s. 61; 1 & 2 Will. c. 56, s. 22; 5 & 6 Vict. c. 122, s. 48; Mont. and Ayr. Bank. Pract. 225, 291. 9. What are the respective duties of the official assignee and the creditors' assignees?

A. Official assignee receives all the moneys and profits of the bankrupt's real estate. -Per Tindal, C. J., in Monk v. Clark, 10 Bing. 105; Mont. and Ayr. Bank. Pract. 283.

The creditors' assignees are intrusted with a statutable authority for the common benefit of the creditors.-Per Abbot, C. J., in Nias v. Adamson, 3 B. and Ald. 229, "It is their duty to sell all the bankrupt's property, &c." Mont. and Ayr. Bank. Pract. 234, 237.

10. Where a creditor of a bankrupt has a mortgage on the bankrupt's estate, what is the proper course to pursue, in consequence of the bankruptcy?

A. The proper course for a mortgagee to pursue is to sell, as without first realising his mortgage he cannot prove, unless he give up his mortgage. Exp. Grove, 1 Atk. 104; 2 Pow. Mortg. 1081, ed. Coventry.

In order to sell, the mortgagee must go before the commissioners and get an account taken of the principal, interest, and costs due on his mortgage, whereupon the commissioners may order the premises to be sold.-Lord Loughborough's Order, March 8th, 1794: Exp. Holwell, 7 Vin. Abr. 102; Exp. Coming, Cooke, 123; Exp. Smith, 2 Rose, 64; Exp. Bacon, 2 Dea. and Chit. 181.

If the mortgage be merely an equitable one, if it give a power of sale, the mortgagee may either sell himself or present the usual petition.-Exp. Geller, 2 Mad. 267; Exp. Hodgson, 1 Glyn. and Jam. 13; Mont. and Ayr. Bank. Pract. 178.

If there be no power of sale the equitable mortgagee must present a petition to the court for leave to sell. The commissioners cannot order the sale. Exp. Payler, 16 Ves. 434; Mont. and Ayr. Bank. Pract. 179. If there be any deficiency after sale the mortgagee may prove for same.-Lord Loughborough's Order, March 8th, 1794; Mont. and Ayr. Bank. Pract. 175, 565.

11. If a creditor hold a security upon joint property of two bankrupts, for a partnership debt, and a joint and several covenant for payment, has he a right to any, and if any, to what extent, to resort to the separate estates, as well as the joint estate?

A. In Exp. Rowlandson, 3 P. Will. 405, two partners in trade gave a joint and several bond to C., and a joint commision and two separate commisions issued against them; it was holden that C. should not have a dividend under all the three commissions, but that he must make his election to have satisfaction out of the partnership or out of the separate effects.

purpose

In Exp. Sheppard, re Plummer and Wilson, 5 Jurist, 1147, A. and B., co-partners, executed a mortgage upon their joint property, for the of securing payment of a sum of money due by them to C., and by the mortgage-deed they also entered into a joint and several covenant for payment of the debt to C.; it was holden that C. was entitled to prove the debt against the separate estates of A. B. respectively, without giving up his joint security.

12. How is property of a bankrupt situated in the colonies affected by a fiat in England ?

4. All the estate of the bankrupt in any of the plantations or colonies passes to the assignees.-1 & 2 Will. 4, c. 56, s. 26; Mont. and Ayr. Bank. Pract. 231, note (n).

13. In whom is the power of 'granting or withholding the certificate of a bankrupt vested?

A. Creditors cannot grant or withhold certificate, but may be heard against granting it. The court, acting in the prosecution of the fiat, may either allow the bankrupt's certificate, or refuse, or suspend the

allowance of it, and may annex such conditions thereto as the justice of the case may require.—5 & 6 Vict., c. 122, s. 39; 1 Weekly Law Mag. 68.

14. What is the effect of the certificate with reference both to the person and the after-acquired property of a bankrupt?

A. If the bankrupt be arrested after obtaining his certificate, he shall be discharged; and if he be taken în execution or detained in prison for a debt, claim, or demand proveable under fiat, where judgment has been obtained before the confirmation of his certificate, he shall be discharged without paying any fees.-5 & 6 Vict. c. 122, s. 42; 1 Weekly Law Mag. 69; see also 6 G. 4, c. 16, s. 126; Mont. and Ayr. Bank. Pract. 331, 358.

The after-acquired property of the bankrupt is not liable for debts, claims or demands proveable under the fiat, as the certificate discharges from such debts, &c.-See 5 & 6 Vic. c. 122, s. 37; 1 Weekly Law Mag. 57; see also 6 G. 4, c. 16, s. 121; Mont. and Ayr. Bank. Pract. 331, &c.

But if the bankrupt after his certificate promise in writing to pay the debts barred by his certificate, he may be sued, and will be liable as though he had not obtained a certificate.—5 & 6 Vic. c. 122, s. 43; 1 Weekly Law Mag. 69; see 6 G. 4, c. 16, s. 131; Mont. and Ayr. Bank. Pract. 365.

15. If a bankrupt has previously to his bankruptcy granted an annuity to a creditor, and there be nothing due at the time of the bankruptcy, has the creditor any, and what, remedy for what subsequently becomes due ?

A. Any annuity creditor of a bankrupt, by whatever assurance the same be secured, and whether there were or not any arrears of such annuity due at the bankruptcy, shall be entitled to prove for the value of such annuity.—6 G. 4, c. 16, s. 54; Mont. and Ayr. Bank. Pract. 137. Annuitants prove for the value to be ascertained by the commissioners, regard being had to the original price given for the said annuity, deducting therefrom such diminution in the value thereof as shall have been caused by the lapse of time since the grant thereof to the date of the commission.-6 G. 4, c. 16, s. 54; Expte. Whitehead, 1 Merivale, 129; 19 Ves. 557; Expte. Thistlewood, 1 Rose, 290; Expte. Webb, 2 Gl. and Jam. 30; Expte. Saxe, 2 Deac. and Chit. 172; Mont. and Bli. 134, S. C.; Expte. Fisher, 2 Gl. and Jam. 102.

16. Where the bankrupt is a trustee of any real of leasehold estate, or has any stock standing in his name as a trustee, by what mode of proceeding can the parties beneficially interested obtain a conveyance or transfer, and the appointment of a new trustee?

A. The Lord Chancellor will, on the petition of the person or persons entitled in possession to the receipt of the rents, issues, and profits, dividends, interest, or produce thereof, on due notice given to all other persons (if any) interested therein, order the assignees to convey, assign, or transfer the said estate, interest, stock, funds, or annuities to

such person or persons as the Lord Chancellor shall think fit, upon the same trusts as the said estate, interest, stock, funds, or annuities were subject to before the bankruptcy, or such of them as shall be then subsisting and capable of taking effect; and also to receive and pay over the rents, issues, and profits, dividends, interest, or produce thereof, as the Lord Chancellor shall direct.-6 Geo. 4, c. 16, s. 79; Mont. and Ayr. Bank. Pract. 506.

The new trustee is sometimes appointed without a reference to the Master. Exp. Inkersole, 2 Gl. and Jam. 230; Exp. Saunders, id. 132; Exp. Page, 1 Deac. and Ch. 321; Exp. Buffery, 2 id. 576; Exp. Whish, 2 Mont. and Ayr. 214; Exp. Painter, 2 Deac. and Ch. 584; Mont. and Ayr. Bank. Pract. 506.

Where one person is solely entitled to all the trust estate, the court will order the bankrupt to deliver up and transfer to such person without a new trustee.-Mont. and Ayr. Bank. Pract. 506; Exp. Hancox, Mout. 247.

EQUITY.

1. How many days has a defendant to appear after a subpoena to answer is served?

A. The defendant has 8 days to appear.

Order 1st and 3rd of 3rd April, 1828; order 8th of 26th August, 1841. 2. Within what time must the defendant put in his answer?

A. In every case where an original or supplemental bill, or bill of revivor is filed, a defendant shall, after appearance and without order, be allowed 8 weeks in a town cause, and 10 weeks in a country cause, to answer to any such original or supplemental bill, or any such bill of revivor to which an answer is required; and 5 weeks in a town cause and 7 weeks in a country cause (but see infra), to answer to any amended bill, to which the plaintiff shall require an answer. But in injunction causes, if the defendant do not answer, &c., to the plaintiff's bill within 8 days after appearance, the plaintiff will be entitled as of course to such injunction, and in case of a bill of revivor, the defendant do not within eight days after appearance show cause by answer, &c., filed, the plaintiff will be entitled, as of course, upon motion or petition to the common order to revive.-10th order of 21st December, 1833. A defendant cannot, however, by answer show cause against reviving a suit; he must do so by plea or demurrer.-Lewis v. Bridgman, 2 Sim. 465 ; Codrington v. Houlditch, 5 Sim. 286; Cooke's Chan. Orders, 77, 78.

The time for answering counts from the day of appearance, except where the defendant is in contempt to attachment for want of appearance, in which case the time may be reckoned from the day fixed by the subpoena for appearance.-12th order of 21st December, 1833; Cooke's Orders, 79.

By the 20th order of 26th of August, 1841, a defendant in a country cause is to be allowed no further time for answering, &c., to any