(b) That A had no quarrel with B, but was firing in a public street from a spirit of drunken recklessness?

Would it, in either case, make any difference that the drunkenness was involuntary, and brought about by a trick played upon A? Give the reasons for your answers.

5. A goes out with B and others for the purpose of holding a religious meeting. C goes out with D and others for the purpose of preventing the meeting by force, but, finding the other party too strong, does not attack them. A, however, hearing of C's original purpose, forces on a fight, in which B and D are killed. What offence or offences, if any, have been committed by A and C respectively? Give the reasons for your

answer.

6. What criminal offence, if any, has been committed in the following cases respectively?—

(a) A's wife eloped from him in 1880. In 1889, having heard nothing of her since, he married B. In 1895, he ascertained that the first wife died in 1891, and thereupon he turned B away and married her sister.

(b) A tramp, after lighting his pipe, throws the match upon some loose straw by a rick, knowing it may probably set fire to the rick, but being indifferent whether it would or not. The rick is

burnt in consequence.

(c) A honestly, and on reasonable grounds, but wrongly, believing B to have committed murder, and not being able otherwise to arrest him, shoots at him and kills him.

THE

DOCTRINES OF EQUITY AND THE GENERAL PRINCIPLES OF PROCEDURE.

Mr. Duffy.

1. A is found dying in the street, and makes a statement that В has driven a vehicle over him, and so caused his injuries. After A's death his executor brings an action against B, under the provisions of Part II. of the Wrongs Act 1890, and B is also tried for the manslaughter of A. Can A's statement be put in evidence in these proceedings or in either of them? Give the reasons for your answer.

2. What difference, if any, exists between the Law in England and in Victoria as to the admissibility in evidence of confessions?

3. On the trial of an action for the recovery of land the plaintiff wishes to prove a conveyance made to his father 40 years before as part of his claim of title. He has the original conveyance in his possession, but can't find any witness to identify the signature of the person who executed it. What course should he pursue?

4. A, a shipowner, sued B, a charterer, for money due for hire of a ship.

B, in his defence, stated that a certain condition precedent to payment, which he specified, had not been complied with by A.

A replied that B had waived the performance of this condition.

Is this reply bad, and if so, why?

G

5. Draw a statement of claim and a defence thereto in proper form, choosing any cause of action that you please.

6. By what process may a judgment for the recovery of property other than land or money be

enforced?

7. What powers may be exercised by the Full Court on an appeal from a single judge sitting in Court?

8. Explain and illustrate the practice of Equity in construing the language of executory and executed trusts respectively?

9. Explain and illustrate the following passage from Mr. Snell's Principles of Equity: "The two primary duties of a trustee are, first, to carry out the directions of the person creating the trust, and, secondly, to place the trust property in a state of security."

10. What specific rights are given by the Supreme Court Act 1890 to mortgagors entitled to pos

session of land or the receipt of the rents and profits thereof?

11. A cattle salesman paid into his general account with a bank a sum of money arising from the sale by auction of A's cattle. It was the salesman's practice, after sales, to pay the vendors of cattle with his own cheques, after deducting the amount of his commissions and the amount due from them if they were also purchasers. The bankers, who had notice of the source from

which the money was derived, and of the purposes to which it was intended to apply it, appropriated the sums so paid in to discharge an overdraft on the salesman's account. Has A any, and if so, what remedy against the bank?

12. Explain fully the following passage from Mr. Brett's "Leading Cases in Modern Equity": "In no single department of modern equity has a greater revolution been introduced than in the practice which concerns the administration of estates."

THE LAW OF PROPERTY.

Mr. Gregory.

1. A, who is the mortgagee of lands, when on his deathbed delivers to B the mortgage deed and title deeds to the lands, and directs him in the event of his (A's) death to give the deeds to C, but in the event of his recovering to return them to him. A, by this transaction, intends that C shall in the event of his (A's) death become intitled to the moneys due on the mortgage. A dies.

(a) Does the transaction amount to a good Donatio

mortis causâ?

(b) Does it amount to a good gift inter vivos?

Give the reasons for your answer.

2. A contracts in writing to sell land to B, and B in pursuance of the contract pays A a deposit of 500. Afterwards B takes an objection to the title that A is unable or unwilling to remove, and 4 in exercise of a power in that behalf rescinds the contract. Afterwards A deposits the title deeds by way of equitable mortgage with C to secure an advance of £5,000. C, at the time of making this advance, had notice of the payment of the deposit by B. What rights (if any) has B to secure the return of his deposit? Give the reasons for your answer.

3. A makes a legal mortgage to B in fee simple of two houses; No. 1 is in the occupation of C under a lease under seal, seven years of which are unexpired; No. 2 is unoccupied, but after the mortgage A, by deed, demises it to D for five years, who enters into possession. After the lapse of two years, the interest on the mortgage being in arrears, B gives notice of his mortgage to C and D, and demands from C payment of all rents which have accrued due since the execution of the mortgage, and of D all rents which have accrued due since the execution of his lease. To what is B entitled? Give the reasons for your answer.

4. A, by his last will, devises lands to his wife B for life or until she marries again, and after her death or marrying again to his son C in fee, and appoints D his executor and dies leaving his wife B and his son C, then an infant of the age of ten years, and D him surviving. D proves the will and procures himself to be registered as proprietor under the Transfer of Land Act 1890,