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in New Zealand, but left that country before the action was brought there; that the defendant was a British subject domiciled in New Zealand, but at present residing in Victoria. Is there jurisdiction?

10. What are the principal cases in which provision is made by Statute, Imperial or local, for the recognition of the orders or process of Courts, (a) as between the United Kingdom and the colonies, (b) as between Victoria and other colonies?

LAW OF PROPERTY IN LAND AND
CONVEYANCING.

Mr. Guest.

1. What is meant by sub-infeudation? By what statute, and when, was it abolished? What was substituted? State its effect upon a conveyance in fee simple at the present day.

2. What is an interesse termini? Can there be any interesse termini in the case of a bargain and sale of land for one year? Give reasons.

3. State the rule against Perpetuities. To what executory interests or other limitations is it applied? Give an example of each of the several limitations on which it would operate.

4. What is the construction of the limitation "to A and his heirs male" in

(a) a conveyance on sale by a subject,
(b) a Crown grant, and

(c) the will of a testator who died in 1883,
respectively? Give reasons.

5. What was the effect at Common Law of a surrender of a lease after the lessee had sublet? Give reasons. How was the effect provided against by statute?

6. What is the effect of the words

(a)" without impeachment for waste," and (b)" without being impleadable for waste," respectively, upon the liability of a tenant for life for waste, and also upon the right of property in the thing wasted?

7. State and explain the different modes by which easements may be extinguished.

8. What are the objections to a second mortgage as a security? Give reasons.

9. A, with intent to defeat his creditors by a postnuptial settlement made in 1898, settled £5,000 Victorian Government 3 per cent. stock in trust for his wife for life, remainder to himself for life, remainder to his children. The settlement was duly registered under the provisions of the Insolvency Act 1897. A month later A charged his life interest in favour of B in consideration of

an advance then made by B, who had no notice of A's intent to defeat his creditors. In May, 1901, A became insolvent, and his assignee in insolvency brought an action to set aside the settlement. What are his rights? Give reasons.

10. In 1892, A, in consideration of natural love and affection, conveyed land to the use of B and his heirs, and B took possession. In 1897 A sold the same land to C, and executed a conveyance of it to C and his heirs. What are the rights of B and C respectively in the land? Give reasons.

11. To what extent is the necessity for investigation of title in the case of a purchase of land under the Transfer of Land Act 1890, dispensed with? What investigation of title is still necessary or proper?

12. What is the effect of the provisions of the Transfer of Land Act 1890 as to notifying easements

(a) on the title of the proprietor of the servient tenement, and

(b) on the title of the proprietor of the dominant tenement,

respectively.

THE LAW OF CONTRACTS AND PERSONAL PROPERTY.

Mr. Duffy.

1. A and B make a contract in New Caledonia which by the law of that country need not be evidenced by writing. The contract, if made in Victoria, would be within the provisions of section 208 of the Instruments Act 1890. A sues B in Victoria for a breach of the contract. Is B at liberty to rely on these provisions? Give reasons for your answer.

2. A promises B, the father of C, that if B will pay C£10,000 on his marriage with A's daughter, A will pay C an annuity of £500. C marries A's daughter and receives the £10,000, but the annuity is not paid punctually. Can C sue A for the arrears? Give reasons for your answer.

3. A sends to B an order to supply certain goods at a fixed price, C intercepts the order and supplies the goods as if from B. A uses the goods. Can C recover the price of the goods from A? Give reasons for your answer.

4. A owes B, who is a grocer, £10 for groceries sold and delivered. B, who owes £10 to C, obtains a release from C, and in return gives C a signed memorandum in the following terms

"I, B, hereby assign to C the sum of £10 due to me by A for groceries supplied by me to him, and I hereby direct A to pay the said sum to C. What rights does C acquire under this memorandum ? Give reasons for your answer.

5. In what respects does a bill of lading resemble, and in what respects does it differ from, a negotiable instrument?

6. What, according to Sir William Anson, are the courses open to one party to a contract which has been discharged by the default of the other party to such contract?

7. Explain and illustrate the following proposition"The general rule in the case of personal property is that no person can give a better title than he himself has."

8. Enumerate and describe the various methods of alienating "chattels personal" which are recognised at Law and in Équity.

9. Explain and distinguish the terms "Condition" and " Warranty as used in the Sale of Goods

Act 1896.

10. A contracts with B for the sale to B of specific goods in a deliverable state to be paid for by B on a future day. The day for payment arrives, and B will neither take delivery of the goods nor pay for them. State the rights of A and B with respect to the goods, and A's remedies, if

any.

11. A and B carry on business as partners, and in the course of their business become holders by indorsement of certain bills of exchange. A dies during the currency of the bills. Who should sue on the bills if they are dishonoured at maturity? Give reasons for your answer.

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