and B enters into possession of the lands. Three years after the testator's death B marries again one E, and seven years after the testator's death B dies. After the death of B, E remains in possession of the lands. Twenty years after the testator's death C is desirous of recovering possession of the lands, or of the rents and profits thereof. D has then been dead two years, and no one has since been registered as proprietor of the lands. Is Cintitled to recover possession either in his own name or that of any other person? Give the reasons for your answer.

5. A, in London, consigns goods to B, who resides in Riverina, by the ship C, bound for Melbourne, of which D, in London, is the owner, and E is the master. On arrival of the ship in Melbourne E stores the goods with F, with instructions to deliver them to B on his producing the bill of lading, and paying the freight and charges. After this B stops payment, whereupon A gives notice to D, in London, to stop delivery of the goods. D telegraphs to this effect to E, who accordingly directs F to stay delivery. B's estate being sequestrated for the benefit of his creditors the goods are claimed by his trustee. Who is intitled to them? Give the reasons for your answer.

6. Land is granted by deed "unto A and his heirs to have and to hold unto A and his heirs, but if A should die without issue living at his death then to have and to hold unto B and his heirs." What is the effect of this grant? Give the reasons for your answer.

7. A will contains the following words :-"I devise my lands at Muddy Creek to the children of A.” What is the effect of this devise

(a) If A has children living at the testator's death, and also children born afterwards?

(b) If A has no children living at the testator's death, but has children born afterwards?

(c) If A had children living at the date of the will, but has no children living at the testator's death, and has none born afterwards?

8. With what qualifications has the first mortgagee of land under the Transfer of Land Act 1890 the same rights and remedies at law and in equity as he would have had or been intitled to if the legal estate in the land or lease mortgaged had been vested in him?

9. Enumerate and state shortly the effect of the various enactments which have been passed in Victoria with the object of preventing persons obtaining credit by being the apparent owners of goods which are not available to satisfy the claims of their creditors.

10. What is the order of priority in which the debts of a deceased person are payable by his executor or administrator?

11. A testator by his last will directs his executors and trustees to stand possessed of £5,000 upon trust, to invest the same and pay the income to his daughter A for her sole and separate use, free from the control of any husband with whom she may intermarry without power of anticipation. The testator dies, and A, who survives

him, in contemplation of marriage with B, executes a deed of settlement by which she assigns the £5,000 and the securities upon which it may be invested to C and D upon trust, for such uses as she may by deed appoint, and subject thereto upon trust to pay the income to her for her sole and separate use during her life, and after her death to divide the corpus among the children of the marriage in equal shares. The marriage is duly solemnized, and shortly afterwards A executes a deed directing C and D to pay the £5,000 to her husband. The £5,000 is still in the hands of the trustees of the testator's will. Is the husband intitled to receive it? Give the reasons for

your answer. 12. A lets land to B from year to year, and B makes a sub-lease of the same land to C from year to year. Afterwards B by deed surrenders his lease to A. When is A intitled to possession of the land as against C? Give the reasons for your answer.

THE LAW OF OBLIGATIONS.

Mr. Cussen.

Wherever possible, give the reasons for your answer.

1. A says to B, "I will sell you my bay horse for Five pounds." B replies, "I will not buy the horse now, but if you will give me a week to decide, then, if I do determine to purchase, I will

give you Six pounds;" to which A answers, "Agreed." Within the week A tells B that he has withdrawn the horse from sale, and subsequently, but still within the week, B tells A that he has determined to purchase, and tenders the sum of Six pounds. Has B any claim against A if delivery of the horse is refused?

2. In what classes of cases is negligence of importance in connection with the formation of contracts?

3. An executor of a deceased partner carries on the partnership business pursuant to directions contained in the will of his testator. A creditor of the firm in respect of a debt contracted since the death claims to be entitled to a judgment enforceable against the estate of the testator. How far, if at all, can this claim be sustained?

4. The plaintiffs having made a claim against the defendants for a sum of money for damages for breach of contract, the defendants forwarded a cheque for a less amount, stating that it was in full of all demands. The plaintiffs kept and cashed the cheque, but at the same time informed the defendants that they received the cheque on account, and subsequently brought an action for the balance of their claim. It was contended for the defendants that keeping and cashing the cheque was as a matter of law a complete answer to the claim. Is this contention correct?

5. A bill of exchange is payable to the order of A. B. Another person of the same name wrongfully obtains possession of the bill and indorses, or

purports to indorse it, to C, who takes it as a holder in due course, and subsequently sues the drawer. On the facts stated, is there any defence to the action?

6. Write a short essay on each of the following subjects:

(a) The liability of the undisclosed principal.

(b) The effect of part performance in respect of contracts not evidenced by writing as required by the Statute of Frauds.

(c) The liability of a husband for debts incurred by his wife.

(d) The discharge of obligations effected by the alteration of a written instrument.

(e) The contractual capacity of corporations. (f) The importance of the intention of the parties, or one of them, where an agreement is designed to promote an illegal purpose. (g) The liability on Account Stated.

JURISPRUDENCE.

Professor Harrison Moore.

Candidates must not answer more than SEVEN

questions.

1. Consider the various meanings of the term Law of

Nature.