are usually service of the copy of the decree on each defendant, payment of money into court either before or after taking the accounts, the issue of a commission to make partition, to settle boundaries, or to assign dower. If the decree at the hearing was only interlocutory in its nature it will usually again be brought before the court on further consideration. The result of the accounts and enquiries directed by the interlocutory decree to be taken is brought under the notice of the court, and the decree made on this occasion is usually final, and includes the question of costs.

During the progress of a suit many incidental proceedings take place, as applications for leave for further time, or for the production of documents, orders to revive a suit, motions for injunction, or a receiver, for the issue of a writ of ne exeat, or for the dismission of a bill, and petitions for the payment of money out of court.

Proceedings without bill comprise petitions, claims, special cases, settlements, and summary proceedings under the Trustee or Winding-up Acts, applications on behalf of charities, or by or against solicitors.

BOOKS OF REFERENCE ON EQUITY.

Calvert on Parties to Suits in Equity.

Fonblanque on Equity.

General Orders of the Court of Chancery of the 1st February, 1861, and 5th February, 1861.

Haynes' Outline of Equity.

Hunter's Suit in Equity.

Mitford on Pleading.

Pothier on Partnership, by Tudor.

Smith's Manual of Equity Jurisprudence.

Spence's Equitable Jurisdiction of the Court of Chancery.

Statutes 15 and 16 Vic.; c. 86; 22 and 23 Vic., c. 35; 23 and 24 Vic., c. 38; 23 and 24 Vic., c. 145; 25 and 26 Vic., c. 42.

Story's Equity Jurisprudence.

White and Tudor's Leading Cases.

Wigram's Points in the Law of Discovery.

QUESTIONS ON EQUITY.

Nature and Extent.

Q. What is Aristotle's definition of Equity? By whom has it been adopted. Distinguish the various significations in which the word equity is used.

Q.-Mention the principal advantages and disadvantages which would probably arise from the fusion of the equitable with the legal jurisdiction?

General Maxims.

Q.-In what manner has the jurisdiction of the court been extended by its acting in personam? Give instances of its acting in rem at the present, and at an early period.

Q.-Explain and illustrate the maxim: Equity follows the law. When is it applicable?

Q.-Give an illustration of the maxim: He who seeks equity must do equity. Are there any rights not enforceable except through its operation?

Q.-Explain and illustrate the maxim: Where there is equal equity the law must prevail.

Q.-In what respect is the maxim: Jus accrescendi inter mercatores locum non habet more extensively applied in equity than at law?

Q.-Explain and illustrate the maxim: Equality is equity.

Q.-Explain and illustrate the maxim: A man must come into a Court of Equity with clean hands.

Q.-A. seised in fee of an estate demises it for seven years; and the lease contains a clause empowering the

lessee to purchase the estate for a stated amount at any time before the expiration of the term. The lessor dies shortly after making the lease, having by his will given his real property to A. and his personal to B.: just before the termination of the lease the lessee exercises his option to purchase. Who is entitled to the purchase money? and who is entitled to the rent which became due previously to the option being declared?

Q.-Illustrate the maxim: Equity considers that as done which ought to be done.

Q.-State the principal exceptions to the rule: Qui prior est tempore potior est jure; firstly, as regards real; secondly, as regards personal estate.

Accident.

Q.-In whose favour will equity aid the defective execution of a power? And on what principle is the relief afforded?

Q.-An apprentice is bound to his master for a certain number of years: shortly after the indenture of apprenticeship is executed, the master dies. Can the whole of the apprentice fee be recovered? What equitable considerations are applicable to the case?

Q.-Will a Court of Equity grant relief on a negotiable security which has been lost, and, if so, on what grounds?

Q.-Will a Court of Equity in general grant relief, where an accident, affecting the subject-matter of an agreement, has occurred which is neither provided for by the agreement, nor apparently was in the contemplation of the parties, when they entered into it? Illustrate your opinion by an example.

Q.-A tenant by his lease (for which he pays a considerable premium) covenants to insure and keep insured the premises against fire. There is a proviso in the lease that, in case any of the covenants are broken, the landlord may re-enter on the premises, and repossess them as of his former estate. The

insurance is through inadvertence allowed to expire, and shortly afterwards it is renewed by the tenant. The landlord accepts a quarter's rent after the breach of covenant has occurred, but without being informed of the circumstance. On becoming acquainted with it, he commences an action of ejectment against the tenant; is the tenant entitled to any, and what relief in equity?

Q.-A sum of stock is vested in trustees upon trust to pay the same to such person as A., a married woman, shall, by any writing under her hand, attested by a credible witness appoint; and in default of appointment, upon trust to pay the dividends to A. for her separate use during her life, and after her decease upon trust for the children of A. equally. A. and her husband sign a letter addressed to the trustees, requesting them to transfer the stock to her husband. The signatures are unattested. The trustees comply with the request. There are several children of the marriage. Have they any and what claim against the trustees?

Q.—A sum of stock is vested in trustees upon trust for such of A.'s children as he shall by deed appoint, and in default of appointment upon trust for B. absolutely. A., having several children, gives the whole of the stock by will to one of them. Who is entitled to it?

Q.-A tenant covenants to keep buildings in repair, and there is a proviso in the building lease that the term thereby granted shall cease on the breach of any covenant. The premises being out of repair, the landlord brings an action of ejectment, and obtains a verdict against the tenant. Is the tenant entitled to relief in equity?

Mistake.

Q.-Distinguish between the cases of mistakes in law, and mistakes in facts, with regard to the relief afforded by Courts of Equity?