Page images
PDF
EPUB

6. How and within what time must an application be made to set aside an award?

7. When can cattle be impounded? If they be impounded for an excessive sum, what remedy has the owner, and against whom?

8. Is any consideration necessary in a guarantee on behalf of a third party; if so, of what nature should it be?

9. On being called in to attest a warrant of attorney or cognovit as the attorney of a person previously a stranger to you, what inquiries should you make of him, and what explanations should you give to him of the nature thereof, and give the form of attestation?

10. Is a tenant from year to year of house or land liable in respect of any, and what damages, happening to the premises during his occupation?

11. Is an outgoing tenant entitled to any compensation in respect of manure and crops; and if so, is the landlord or incoming tenant liable to pay-adapting your answer, 1st, to a tenant under lease; 2nd, to a tenant from year to year ?

12. Is there any difference in a landlord's remedy for rent in the cases where a tenant has agreed to pay a certain rent, and where he is in, without any specific sum having been agreed on?

13. State when interest above £5 can be lawfully taken, and when not?

14. If a traveller by railway sustain any injury on the journey, will he be entitled to compensation, and against whom should he proceed?

EQUITY.

1. Where a defendant neglects to enter an appearance can the plaintiff within any, and what time enter one for him?

2. Within what time must a defendant plead, answer, or demur, not demurring alone, to an amended bill?

3. Can a plaintiff proceed with his cause, if a defendant does not plead, answer, or demur to an original bill, within the time allowed, and how should he proceed?

4. Within what period must a plaintiff file exceptions to an answer?

5. After the expiration of what period is an answer deemed sufficient?

6. Must a defendant answer before applying to dissolve an injunction ?

7. Is there any, and if any, what difference as to time in proceedings in a town and in a country cause?

8. What notice is necessary to be given before moving to assign a guardian for an infant defendant ?

9. How many days must the order nisi to dissolve a common injunction be served before the day for showing cause; and how are they reckoned?

10. What proceedings must be taken to compel obedience to an order of court?

11. In a suit to execute the trusts of a will is it necessary in all cases, or when, to make the heir at law a party?

12. An executor conceiving that he has paid all the debts of his testator, divides the estate amongst the legatees, and is afterwards called upon to pay a debt due from the estate; will such debt, when paid, fall as a loss upon the executor, or will equity afford him any, and what relief against the legatees ?

13. Where a trustee has been named, but has never acted, or accepted the trust, and refuses to do so, what remedy will a court of equity give?

14, If one trustee receive money, and hand it over to his co-trustee, are both, or one only, and which of them liable?

15. If a solicitor be appointed a trustee or executor, and act as such, is he, under any, and what circumstances, entitled to be remunerated for time and trouble, or only to be paid his expenses?

CRIMINAL LAW.

1. What is the first step to be taken by the prosecutor after the apprehension of a criminal?

2. Must all the grand jurors concur in a finding, or will any, and what majority be sufficient?

3. If the grand jury ignore the bill, can a fresh bill for the same offence be preferred ?

4. Are any number of witnesses necessary to support the finding of a grand jury?

5. What are the proceedings under the Habeas Corpus Act? 6. Is there any limitation in respect of time as to when persons may be indicted for felonies and misdemeanours ?

7. Is the reading of the Riot Act necessary to constitute a riot, and what is the legal effect of its being read?

8. What persons are capable of committing crimes ?

9. What effect has the fact of a crime having been committed whilst the perpetrator was in a state of drunkenness on the punishment?

10. Define respectively, a felony and a misdemeanour ?

11. What crimes are now punishable with death?

12. Is transportation a punishment having its origin in the common or statute law?

13. When a statute superadds a punishment to an act which was already an offence at common law, does the statutory punishment supersede that which was attached to the offence by the common law, or not?

14. Is there any provision in the law made for arresting offenders who have fled into Ireland, Scotland, or places abroad? State the mode of procedure in such cases.

15. What is the law as to the interference of a policeman and a private person respectively, in case of an assault or breach of the peace?

16. How should a person proceed for damages against a wilful trespasser, where it is expected the damages will not amount to £5 ì

CONVEYANCING.

1. Is there any, and what difference between a tenancy in common and a joint-tenancy?

2. Define an estate in fee and an estate tail respectively, and state the principal distinctions between them.

3. Define an estate in coparcenary.

4. Can an infant at any, and what age make a will?

5. Can a married woman make a valid will in any, and what cases? 6. On a devise to A, without words of limitation, what estate does he take?

7. If a legacy be left to a person witnessing a will, or to his wife, or, if a female, to her husband, will the witness be entitled to receive it, and will the party be a good witness to prove either the execution, or validity of the will?

8. On a conveyance to A and his heirs, to the use of B and his heirs, in which party is the legal estate vested?

9. Where there are two mortgagees of an estate, and the first mortgagee, without notice of the second, advances a further sum to the mortgagor, will he be entitled to priority, in respect of that further advance, over the second mortgagee?

10. Where the mortgaged lands are situate in a register county, will the registration of a second mortgage be notice thereof to the first mortgagee?

11. Will a term for years under any, and what circumstances, merge in the freehold or inheritance?

12. If a termor die, and by his will appoint the person seized of the freehold his executor, will the term merge?

13. If a lease of premises in a register county be not registered, will the omission be cured by registering an assignment in which the lease is recited?

14. Must a deed of appointment, under a power, of a valuable leasehold interest (where the premises are situate in a register county) be registered?

15. If a man die intestate, leaving a widow, one child, and a grandchild, in what manner must his personal estate be distributed ?

16. Should the intestate leave no children, but a widow, a brother, and children by another brother or sister, in what manner must the distribution of his personal estate be made?

BANKRUPTCY.

1. What persons are rendered liable to the bankruptcy laws by the 5 and 6 Vict. c. 122 who were not so before?

2. What is the requisite amount of the petitioning creditor's debt where only one, and where several ?

3. What are the facts necessary to be proved before an adjudication of bankruptcy can be obtained?

4. What are the circumstances which determine whether the fiat is to be a town or country one?

5. Are there any circumstances under which an auxiliary fiat will be allowed to issue?

6. What is the course to be pursued, in order to obtain a bankrupt's certificate ?

7. Where a fiat issues against partners and there are joint and separate creditors, what are their respective rights as to proving? 8. Is the separate property of each partner liable to the partnership creditors under a joint fiat?

9. When the Bankrupt has, at the time of his bankruptcy, goods and chattels in his possession, but of which he is not the owner, do they pass to his assignees ?

10. If the bankrupt be a trustee for others, and as such become possessed of property, will such property pass to the assignees?

11. If the bankrupt have been a factor, and at the time of his bankruptcy have goods in his possession, for the purpose of selling, will they pass to the assignees?

12. Has there been any, and what alterations recently made regarding the validity of transactions before the fiat, but after an act of bankruptcy?

13. If a purchaser from a trader, has, previously to the purchase, notice of an act of bankruptcy, will the transaction be valid after any, and what length of time,

14. Where a creditor holds any real or personal property as part security for his debt, what course must he pursue?

ANSWERS,

COMMON LAW.

person

1. An infant cannot prosecute an action either in or by attorney. But he may sue either by prochein amy, or by guardian. The process is to be sued out in the name of the infant, after which, and before declaration he must apply to a judge at chambers, to appoint a prochein amy, or guardian to prosecute the suit for him.—2 Chit. Arch. 7th ed. p. 889.

2. If one of two joint obligors in a bond dies, even if he leave executors with assets and real estates which have descended to his heir, the obligee must, at law, sue the surviving obligor alone, for if he join the executor or heir of the deceased obligor it will be a misjoinder. Nor if the bond be joint only, can the executor be sued alone at law-though in equity he would be liable. If the bond had been joint and several, the executor might have been sued, even at law, in a separate action.-Lampton v. Collingwood, 4 Modern Rep. 315; 2 Burr. 1190, 1196; 1 Chitty's Plead. ch. 1, s. 2; 2 Will. Saund. 51 note (4); 5 East 261; Bacon's Abr. tit Obligation"; 3 Ves. Jun. 399. But if the lands had been bound, as by a recognizance, not only the survivors would have been chargable, but also the heir and terre-tenant of the deceased.-2 Will. Saund. 51 note (4); Tidd's Pract. 1075, 5th ed.

« PreviousContinue »