original or supplemental bill, or bill of revivor, or to any amended bill, than is now allowed to a defendant in a town cause. A defendant in a country cause has now therefore eight and five weeks only respectively to answer, &c., instead of ten and seven weeks respectively.-Daniel's New Orders, 43, 44.

3. What time has the defendant to demur to the plaintiff's bill?

If the defendant demur alone to the plaintiff's bill he has 12 days only, and that whether the bill be original, amended, or supplemental, or bill of revivor.-10th order of December, 1833; 2 Dan. Ch. Pract. 273, 274; Daniel's New Orders, 44.

If he demur and also plead or answer, then he has the same time as to answer or plead; viz., if to an original or supplemental bill, or bill of revivor 5 weeks, whether a town or a country cause; if to an amended bill, the defendant will have five weeks, whether a town or a country cause.-10th order of 21st December, 1833; 20th order of 26th August, 1841; Cooke's Orders, 77; Daniel's New Orders, 44; 2 Dan. Ch. Pract. 273.

If, from the answer or otherwise, matters essential to the plaintiff's case should arise not comprised in the plaintiff's bill, what step must the plaintiff take?

A. The plaintiff should amend his bill.-Lord Redesdale's Plead. p. 17, 4th ed.; 3 Black. Com. 448; 1 Smith's Chan. Pract. 213, &c. ; 3 Atk. 217.

5. Within what time, and to whom, must the plaintiff apply for leave to amend?

A. Before answer, a plaintiff may obtain, by motion or petition, of course, and without notice, any number of orders to amend which he may think fit.-Bird v. Hustler, 1 Russ. and My. 325; Collingworth v. Grundy, 2 My. and K. 3590. Where special application necessary, as to amend without prejudice to the common injunction, the plaintiff must apply to the Master.-3 & 4 Will. 4, c. 94, s. 13; 20th order of 21st December, 1833; Rees v. Edwards, 1 Keen. 465.

After answer, the plaintiff may, before filing replication, obtain upon motion or petition, without notice, an order for leave to amend bill; but no further leave to amend shall be granted after an answer, and before replication, unless the court [the Master is substituted for the court by 3 & 4 W. 4, c. 94, s. 3, and 20th order of 21st December, 1833], shall be satisfied by affidavit that the draft of the intended amendments has been settled, &c. by counsel, &c.; but no order to amend shall be made after answer and before replication, either without notice or upon affidavit, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers if there be two or more defendants, is to be deemed sufficient.—13th order of 3rd April, 1828; 13th amended order of 23rd November, 1831.

But this does not extend to amendments which are made only for the purpose of rectifying some clerical error, or error in names, dates,

or sums; in which cases the order to amend may be obtained upon motion or petition without notice.-13th order of 23rd November, 1831.

Though special applications to amend are to be made to the Masters yet in Daniel's New Orders (p. 140), it is said, "where the time mentioned in the 13th order has expired, the court only has jurisdiction to grant leave to amend ;" and see Daniel's Ch. Pract. 547. Yet it has been determined that the practice is otherwise, and that, notwithstanding the time mentioned in the 13th order has elapsed, the application to amend should be to the court. See Miltown v. Stewart, 8 Sim. 371; 1 Jur. 940; Milbanke v. Stevens, 1 C. P. Cooper, 404; 2 Jurist, 759; 1 Week. Law Mag. 286, S. Ord v. Lyon, ibid.

C.;

See, as to the amendments of Bills in Chancery, 1 Weekly Law Mag. 285, 293, 294.

6. What time has a defendant to put in his answer to an amended bill?

A. In both a town and a country cause, a defendant shall have five weeks to answer to any amended bill, to which the plaintiff shall require an answer.-10th order of 21st December, 1833; 20th order of 26th August, 1841. The former order gave a defendant in a country cause seven weeks' time, but the latter order has established an uniform period.

7. Within what time must the plaintiff take exceptions to the defendant's answer for insufficiency, and what is the consequence of a plaintiff's neglecting to take exceptions within the prescribed period?

A. The plaintiff has two months to deliver exceptions to an answer for insufficiency, and if the plaintiff neglects to deliver exceptions within that period, the answer will be deemed sufficient.-4th order of 3rd April, 1828; 2 Dan. Chan. Pract. 208, 302; Cooke's Orders, 4; Daniel's New Orders, p. 73.

The 4th order of 3rd April, 1828, relates to exceptions for insufficiency only, and not to exceptions for impertinence or scandal.Bradbury v. Booker, 4 Sim. 325; 3 Swanst. 232, note; Re Burton, 1 Russ. 380.

8. When a cause is at issue, before whom must it be set down for hearing?

A. Every information or bill is to be marked at the top thereof; either with the words "Lord Chancellor," or with the words "Master of the Rolls," at the option of the party filing same. The certificate, of the cause being ready for hearing is to be marked in the same manner. -1st and 2nd orders of 5th May, 1837. Every cause in which the certificate of the cause being ready for hearing shall be marked with the words "Lord Chancellor," shall be set down to be heard before the Lord Chancellor, and shall not, without special order of the Lord Chancellor, be set down to be heard before the Master of the Rolls.6th order of 5th May, 1837. Every cause in which the certificate of

the same being ready for hearing shall be marked with the words "Master of the Rolls," shall be set down to he heard before the Master of the Rolls, and shall not otherwise than for the purpose of rehearing, be set down to be heard before the Lord Chancellor.-10th order of 5th May, 1837.

9. A decree and report having been made, and the cause required to be heard on further directions, before whom is it to be set down?

A. Every cause requiring to be heard for further directions, or on the equity reserved, and in which the Master's report has been or shall be made, or a trial at law has been or shall be had, or the certificate of a Court of Common Law has been or shall be obtained in pursuance of a decree or order pronounced by the Lord Chancellor or ViceChancellor, shall be set down to be heard before the Lord Chancellor, and shall not without special order to the Lord Chancellor be set down to be heard before the Master of the Rolls.-6th Order of 5th May, 1837.

Every cause requiring to be heard for further directions, or on the equity reserved, and in which the Master's report has been or shall be made, or a trial at law has been or shall be had, or the certificate of a Court of Common Law has been or shall be obtained, in pursuance of a decree or order pronounced by the Master of the Rolls, shall be set down to be heard before the Master of the Rolls, and shall not otherwise than for the purpose of rehearing be set down to be heard before the Lord Chancellor.-Order of 5th May, 1837.

10. If a suit be not prosecuted by the plaintiff within any and what time, what is the defendant's course of proceeding?

A. Where the answer of a defendant is to be deemed sufficient [see supra question 7], if the plaintiff does not proceed, the defendant may, at the expiration of two months, move, upon notice, that the bill be dismissed with costs, for want of prosecution; and the bill will be accordingly dismissed with costs, unless the plaintiff shall appear upon such motion and give an undertaking to file a replication, and serve a subpœna to rejoin ; and in case he requires a commission to examine witnesses, shall obtain and serve an order for such commission within three weeks from the date of such undertaking; or unless the plaintiff without filing a replication, shall appear upon such motion, and give an undertaking to hear the cause as against the defendant, making the motion upon bill and answer; or unless it shall appear that the plaintiff is unable to proceed in the cause by reason of any other defendant not having sufficiently answered the bill, and that due diligence has been used to obtain a sufficient answer or answers from such other defendant or defendants; in which case the court shall allow to the plaintiff such further time for proceeding as shall appear to the court to be reasonable.-16th order of 3rd April, 1828; 16th amended order of 23rd November, 1831; Attorney-General v. Jones, 5 Sim. 246; Marriott v. Tarpley, 8 Sim. 18; Vent v. Pacey, 3 Sim.

382; The King of Spain v. Hullett, 1 Russ. and My. 7; Daniel v. Austin, 8 Sim. 19.

But a defendant is not at liberty to serve a notice of motion to dismiss for want of prosecution, until after the time limited by the rules of court within which a plaintiff may obtain an order to amend, as to such defendant, shall have expired.-26th order of 21st December, 1833 (this order applies to the case of a sole defendant only); Gully v. Bodicoate, 5 Sim. 668.

In cases of bills to perpetuate testimony, or for a discovery, the application should not be to dismiss.-Wright v. Tatham, 2 Sim. 459; 4 Ves. 746; 5 id. 86; 1 Madd. 344; Cooke's Orders, p. 55.

11. If a bill is filed against a corporation and they refuse or neglect to answer, what is the defendant's course of proceeding?

A. If a bill is filed against a corporation and they neglect to answer, the plaintiff must issue a distringas against them. If they do not then answer, an alias, and, if necessary, a pluries distringas must be issued. On the return of the latter, if no answer is filed, the plaintiff must move for a sequestration, and apply to have the bill taken pro confesso. -1 Smith's Chanc. Pract. 192.

12. Where a suit is instituted by or on behalf of an infant, who is liable to the costs?

A. When the interest of an infant renders it necessary to file a bill, the suit is instituted by a next friend on his behalf, and that next friend is liable for the costs of the suit.-1 Smith's Chan. Pract, 102; 1 Atk. 570; Turner v. Turner, Stra. 708; 2 P. Will. 519 is contra, but is wrong. See Com. Dig. tit. "Chancery " (3 R.) ed. Kydd.

13. Can equity under any, and what, authority relieve creditors out of copyhold property of persons dying seized thereof, and not charged by such persons with the payment of their debts; and if relief can be given, in what manner would such property be applied?

A. By 3 & 4 W. 4, c. 104, the lands of any person, whether freehold or copyhold, which he shall not by his will have charged with or devised subject to his debts, are made assets to be administered in courts of equity for the payment of his just debts; and the heir, customary heir, or devisee, shall be liable to the same suits by any of the creditors, as the heir or devisee was before liable to by creditors by specialty in which the heirs were bound; but a preference is given to creditors by specialty in which the heirs are bound.-Burton's Comp. by Cooper, 557; Spackman v. Tunbrell, 8 Sim. 253; Shelford's Real Prop. Acts, 392, 395.

14. If A. obtain a conveyance of an estate from B. per fraudem, and A. sell the estate to a bonâ fide purchaser, will equity relieve B., and set aside such conveyance, and annul the sale? State in what case the court would or would not do so.

A. In general if a party take a conveyance from another for a valuable consideration, bonâ fide, and without notice of any claim on the

estate, he will be entitled to retain the estate against all the world.See Sugden's Vend. and Purch, ch. 16, ss. 10 and 11; 2 Powell's Mortg. 643, &c., by Coventry; Bac. Abr. tit. "Fraud;" Redesd. Treat. Plead. 288, 4th ed.; Williams v. Lambe, 3 Bro. C. C. 264; Jerrard v. Sanders, 2 Ves. Jun. 454; Gait v. Osbaldeston, 5 Madd. 428, and see proviso of s. 26 of 3 & 4 W. 4, c. 27.

But a purchaser for valuable consideration without notice cannot defend himself against a plaintiff who relies upon a legal title.-Collins v. Archer; 1 Russ. and My. 284.

CRIMINAL LAW.

1. Can a public footpath be stopped up by magistrates at petty sessions?

A. By statutes 55 Geo. 3, c. 68, s. 2, and 5 & 6 W. 4, c. 50, it is enacted, that when, upon the view of two justices, it shall appear that any public highway, bridleway, or footway, may be diverted so as to make same more commodious, the justices at some special sessions may direct and turn, and stop up such footway, and dispose of the ground; so, if the way appear unnecessary, two justices may order it to be stopped up and the ground to be disposed of, the money to be paid to the surveyor; a notice to be posted at the place and inserted in a newspaper circulated in the county, and posted at the church-door for three weeks; the order must be made at a special sessions, and that fact must appear on the order.-Rex. v. Sheppard, 3 B. and A. 414. And it must be stated that it appeared on order.-Rex. v. Justices at Worcestershire, 8 B. and C. 254.

The Act 13 Geo. 3, c. 78, s. 80, gives an appeal against the order to the quarter sessions.

2. Are there any, and what remedies, civil or criminal, against a magistrate, who exceeds his powers through mistake or partiality?

A. The party aggrieved may apply for a criminal information, or may proceed by indictment or action. A criminal information will not be granted, because the act done is not strictly right, but only if it proceeded from an unjust, oppressive, or corrupt motive.—R. v. Barron, 3 B. and A. 432. The application must be prompt.-R. v. Bishop, 5 B. and A. 612. Nor can he be punished both criminally and civilly; the party applying for a criminal information must relinquish his civil action.-R. v. Fielding, 2 Burr. 719. A justice of the peace is strongly protected by the law.-R. v. Young, 1 Burr. 556. In civil actions, by 24 G. 2, c. 44, one month's notice in writing must be given to the magistrate before the commencement of the action. And by section 2 the magistrate may, within such month, tender amends and may plead such tender in the action.

3. Define a criminal information, state the nature of the offences for which it will be granted, and how it is obtained?