CONSTITUTIONAL HISTORY AND LAW.-
PART III.

The Board of Examiners.

Candidates should answer FOUR questions only.

1. How is the appeal to the King in Council affected by the Constitution of the Commonwealth ?

2. Write a short note on the "deadlock" provisions.

How do you account for the difference between Section 57 and Section 128 as to the course which may be taken in case of disagreement of the Senate and the House?

3. How, and with what limitations, is the power of the Courts to check unconstitutional legislation exercised?

4. What is meant by the "police power" in the United States ? In what respect do you consider that the "police power" is likely to be of importance in the Commonwealth?

5. Section 75 of the Constitution confers original jurisdiction on the High Court in cases where the Commonwealth is a party, in cases between States, and in cases between a State and a resident of another State. Do you consider that these provisions confer a right to sue the Commonwealth or a State?

6. Describe the powers of the Senate and the House of Representatives respectively over finance.

INTERNATIONAL LAW.

The Board of Examiners.

Candidates should answer SEVEN questions only.

1. Distinguish between a State and a Belligerent Community.

2. Write a short note on the conclusions of the Peace Conference, 1899, in regard to the amicable settlement of disputes between States.

3. Write a brief note on any one of the disputes between Great Britain and the United States.

4. In what circumstances, if any, is an invader justified in devastating the territory of his enemy?

5. Distinguish between the rights of military occupation and sovereignty.

6. Comment on the following statements:

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Every one must have a domicil."

"No one can have more than one domicil."

7. What conditions must be satisfied in order that the Supreme Court of Victoria may have jurisdiction to entertain a petition for divorce? Is voluntary submission by the defendant a ground of jurisdiction?

8. How far is nationality material in determining the jurisdiction of a British Court or the law which is applicable to a case? What are the relative advantages and disadvantages of nationality as the test of civil status?

9. In what circumstances will our Courts entertain causes relating to foreign lands?

10. A contract is made by an Englishman at Marseilles with a French shipping company for the carriage of goods from Marseilles to Melbourne. The goods are shipped and are lost. By French law the shipping company would not be liable; by English law it would be. By what law, in your opinion, is the case governed? Do you consider the place where the goods were lost a material fact in the case?

LAW OF PROPERTY IN LAND AND
CONVEYANCING.

Mr. Guest.

1. How may legal estates in land be classified according to the laws under which they arise?

2. To what extent has the destruction of contingent remainders under the Rules of Common Law been provided against by Statutes in force in Victoria? Illustrate by examples.

3. Explain why, after the Statute of Uses was passed, limitations by way of springing and shifting uses did not supersede the limitation of future estates by means of contingent remainders.

4. To what extent is the surrender of leases for What are the years regulated by Statute?

Statutes, and the effect of each respectively?

5. What are the rules as to the enjoyment of land by joint tenants and tenants in common? When will an action for trespass lie by one joint tenant or tenant in common against another joint tenant or tenant in common? Cite authority.

6. What are emblements? In whom is the right vested, and when? How has the right to emblements been modified by Statute?

7. Upon what principle or doctrine can a title to an easement be established in this country by evidence of user? What is the nature of the user required? How must an easement based on user be claimed?

8. Explain the application and state the effect of the rule of Equity, "Once a mortgage always a mortgage."

9. What is the effect of the Insolvency Act 1890 with regard to the avoidance of voluntary

settlements?

10. A, after entering into a contract to sell land to B, before the completion of the sale conveyed the land to C in consideration of natural love and affection; Chad no notice of the contract with B, and forthwith registered his conveyance under Part XVII. of the Real Property Act 1890. Upon the completion of the sale A executed a conveyance of the land to B, who thereupon registered his conveyance. What are the rights of B and C respectively to the land? Give reasons.

11. By will a testator devised Blackacre "to A, B, and C, and their heirs," and he devised Whiteacre to X, Y, and Z, and their heirs equally," and he devised Greenacre "to my children equally." The will contained no residuary devise. A, X, and two of his children predeceased him. One child only survived him. Upon his death who are entitled to Blackacre, Whiteacre, and Greenacre respectively, and for what estates? 12. A writ of fi. fa. was issued on a judgment against a registered proprietor of land under the Transfer of Land Act 1890. After the writ had been lodged for execution, the registered proprietor sold the land and signed a transfer of it to A, who had notice of the writ and that it had been

lodged for execution. The transfer was not lodged for registration, and subsequently the writ of fi. fa. was duly registered against the land, and the sheriff sold the land to B and signed a transfer of it to B. The transfer to B was lodged for registration, but before it was registered, A applied for an injunction to restrain the registration of it. Can he succeed? Give

reasons.

LAW OF CONTRACTS AND PERSONAL

PROPERTY.
Mr. Duffy.

1. A proposed to sell a farm to X for £1,000; X said he would give £950. A refused this offer, and then I said that he was willing to give £1,000. A declined to adhere to his original proposal. What is the position of the parties?