4. X, a British subject, enters into contracts with a foreign Government established by revolt. The original Government is eventually restored. What will be X's position upon his contracts according as his contractor was or was not recognised by Great Britain as the Government of an Independent State?

5. What is an effectual capture as between persons claiming to share in the prize on the ground of association or co-operation in the capture? Under what circumstances and upon what terms is the original owner of a vessel entitled to have her upon re-capture?

6. How do the following orders affect property outside Victoria ?

(a) An administration or probate order.

(b) An order for the sequestration of an insolvent's

estate.

(c) An order appointing X the guardian of Y a minor.

(d) An order appointing X the committee of Z a lunatic.

7. X, a British subject domiciled in Victoria, marries his deceased wife's sister here. He dies intestate, possessed of real and personal property in England. Can the children of the marriage succeed to the property in England?

8. (a) X, a person having creditors in Victoria, becomes bankrupt in England and obtains a certificate of discharge there. (b) The Y Coy., an

English company carrying on business in Victoria, is wound up in England, and its liabilities transferred to the Z Coy. Consider whether the obligation of contracts made and to be performed in Victoria is discharged in these cases, supporting your opinion with reasons and, if possible, authority.

9. In what circumstances does litigation in a foreign court give ground for the defence of res judicata? How may that defence be repelled?

X brings an action for damages against Yin respect of breach of contract. Y pleads that X brought an action against him in Prussia for the rescission of the same contract upon the grounds now relied on in the claim for damages. Is the defence good?

1. Discuss

THE LAW OF WRONGS.

Mr. Woinarski.

(a) The application to the criminal law in Victoria of the maxim "volenti non fit injuria."

(b) The liability of an owner of land, not in occupation of it, for a nuisance upon it.

2. Will an action for damages lie in any, and which, of the following cases ?

(a) When A and B conspire together and do commence an action against C maliciously and without reasonable and probable cause in the name of a third person but for their own benefit.

(b) Where A maliciously and without reasonable and probable cause commences a civil action against B.

(c) Where a judge of the Supreme Court does an act in the exercise of his judicial office maliciously, and for the purpose of gratifying private spleen. (d) Where an owner of land containing underground water which percolates by undefined channels and flows to the ground of a neighbour maliciously diverts the percolating water within his own land so as to deprive his neighbour of it. (e) Where the rightful owner of land forcibly enters upon it.

Give, in each case, the reasons for your opinion.

3. Write an opinion upon each of the following cases :—

(a) A employed B, a contractor and builder, to build a house for him in Melbourne. B covenanted with A to build it so as not to darken the windows of C, an adjoining landowner, who had an easement of light in respect of his private residence thereon. B builds the house for A so as to darken C's windows. Csues A. Will he succeed?

(b) A, a medical man, wrote to one of B's tenants, whom he had been attending professionally, that his illness was due to defects in the construction of B's houses. The tenant was thereby induced to leave, and takes a vacant house belonging to A. B sues A. Will he succeed?

(c) A duly obtained from the Crown a grazing license issued under the provisions of the Land Act 1890, giving him "license and liberty to

enter with sheep, cattle, and other animals upon Crown lands specified in the schedule to the license and therewith to depasture the same." Pursuant to such license, A entered upon the lands specified with sheep and cattle. Upon the lands was an old quarry which was filled with water that oozed from the veins in the rocks, and this water was most valuable for sheep and stock. After A had entered upon the lands, B, a local shire council, by its servants or agents, deposited a quantity of night-soil in the quarry, to the injury of A's sheep and cattle. A sues B. Will he succeed?

(d) A, an owner of household property in the city of South Melbourne, obtained, on notice to the municipal corporation of that city, a permit to open up a road to repair a water service pipe conducting water to his house. This permit was obtained under provisions of the Water Act 1890, authorising the opening up of streets subject to a notice to be given to the municipal corporation, to a duty to complete the work with all convenient speed, and to reinstate and make good the road under liability to a penalty, payable to the corporation on failure to comply with any of these duties. A filled up the hole made by him, but left a heap of stones on the road in an unsafe condition, and by reason of this heap a cart, driven by B was, on the night of the day on which the whole of the work was done, overturned, and B injured. The municipal council had taken no steps to discover whether the heap of stones was left in an unsafe condition. Under the Local Government Act 1890, the care and management of the roads are vested in the

council of the municipality within which the roads are, and such council "may make, improve, and maintain them." B sues the municipal corporation. Will he succeed?

(e) A, a coachbuilder, carrying on business in Melbourne, for the purpose of such business occupied buildings as a workshop and for storage of goods, no one living there. Brecovered judgment in an action against A, and delivered the writ for execution to C, the sheriff. C proceeded to the premises for the purpose of executing the writ, and, finding the outer door locked, requested A, who was outside, to open it. A refused to do so, and C broke it open, and seized goods of A upon the premises. A sues the sheriff. succeed?

Will he

(f) A collusively purchases goods from B on the eve of B's insolvency, and takes the goods into his own possession. B's trustee in insolvency brings an action for trover against A without any previous demand for the goods. Will he succeed?

(g) A states to his attorney the facts in his possession concerning a charge of embezzlement supposed to have been committed by B. The attorney erroneously advises A that he can safely procure B's arrest. A, acting upon this advice, prosecutes B, who is acquitted of the charge. B sues A. Will he succeed?

4. A shoots B, and seriously injures him. What is the legal nature of his offence if it be proved(a) That A, through drunkenness, believed that B was trying to rob him?