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The Board of Examiners. Wherever possible, give the reasons for your answer. 1. What forms of union of states are recognised by
Publicists? What are the characteristics of each
form ? 2. What are the main privileges of a consul? 3. State the recent practice as to the treatment of
enemy subjects found within the territory of the
other belligerent on the outbreak of war. 4. Discuss the question of the immunity of convoyed
vessels from visit and search. 5. What were the principles of the First and Second
Armed Neutrality in relation to contraband ?
accord with prior and subsequent usage? 6. What is the domicil of origin of
(a) An illegitimate infant.
(c) A legitimated infant ? 7. In what circumstances will the Supreme Court of
Victoria refuse to recognise a foreign marriage ? 8. A sues B in Victoria for an alleged injury done
by B to A in France. What proofs, apart from evidence of the injury, will be necessary for the success of A's action
9. A, a merchant domiciled in France, made, in Vic
toria, a contract to purchase from B wool, to be delivered in Victoria. B was always ready and willing to deliver the wool, but A was not ready or willing to accept it, and absolved B from tendering it. A then became bankrupt in France, and obtained a discharge in bankruptcy from all his debts, according to French law. B now sues A in the Supreme Court of Victoria for damages for breach of the contract. Is he entitled to recover ?
10. A, a domiciled Scotchman, dies intestate, possessed
of leaseholds in England. According to Scotch law B, according to English law B and C, would succeed to A's leaseholds on intestacy. Who, in your opinion, is entitled to the leaseholds ?
THE LAW OF PROPERTY.
The Board of Examiners.
1. In contemplation of the intended marriage of A,
the intended husband, and B, the intended wife, a deed of settlement in the following terms, comprising lands of which A is seized in fee simple, is executed by the parties thereto :
"This indenture made the second day of March 1865, between A of the first part, B of the second part, and C and D of the third part, Witnesseth that in consideration of a marriage intended to be solemnized between the said A and the said B the said A doth hereby grant
unto the said C and D and their heirs all that
The intended marriage takes place, but there are no children. Afterwards, in the year 1880,
A dies; afterwards B dies. (a) Describe accurately the estates, legal or equit
able, subsisting under the settlement immediately
after the solemnization of the marriage. (6) Who will be entitled to the settled lands, and for what estates or interests, legal or equitable, upon
the death of B? Give the reasons for
2. Describe accurately a tenancy from year to year.
3. Explain and illustrate what is meant by equitable
4. The last will of A contains a devise in the following
terms :—“I devise my house and land at Collingwood to my son B for his life, or until his estate is sequestrated for the benefit of his creditors, or
he alienate or charge or attempt to alienate or charge his estate therein, or in the rents and profits thereof, and upon the determination of the estate devised to my son B I devise my said house and land to my son C.” The will contains an appointment of D as executor. The testator dies leaving B, C, and D, him surviving. D proves the will. B sells and conveys his life interest to E, and afterwards B's estate is sequestrated for the benefit of his creditors. Who is entitled to the land ? Give the reasons for your
5. Land is granted by the Crown to A, containing a
reservation to Her Majesty her heirs and successors of all veins of coal in or under the land. The grant is duly registered under the Transfer of Land Act 1890. A sells and transfers the land to B, who procures himself to be registered as proprietor, and a certificate of title is issued to him not disclosing the reservation. Afterwards B sells and transfers the land to C, who also procures himself to be registered as proprietor. B and C are both bona fide purchasers for value, and C has no notice of the reservation. Is C entitled to mine for coal ? Give the reasons for your answer.
the registered proprietor of land under the Transfer of Land Act 1890, executes a mortgage by which he covenants to pay B £500 on the 31st of December then next, and so long as the said sum
or any part thereof should remain unpaid interest thereon at the rate of £8 per cent. per annum by equal half-yearly payments, and mortgages the land to B to secure the
principal and interest. The mortgage is executed and registered on the 30th of June, 1892. In September, 1892, B desires to obtain possession of the land. Is he entitled ? Give the reasons
for your answer. 7. A is tenant in fee-simple of a piece of land on
which is erected a brick building occupied by A as a woollen-mill. In this building are set up a steam-engine and other machinery used by Å for the purposes of his business as a manufacturer of woollens. This machinery is let into the ground or fixed to the building, and there are in the building also other chattels of A, which are not fixed. A makes a legal mortgage of the land to B to secure £4,000 and interest. In this mortgage the land is described by metes and bounds without making any mention of the machinery or fixtures. Afterwards A makes a bill of sale to C to secure £3,000 and interest. By this bill of sale A assigns to the machinery and
the premises, and also the chattels which are not fixtures. This bill of sale is duly registered under the Instruments Act 1890. What are the rights of B and C with respect to
the fixtures? Give the reasons for your answer. 8. A stores goods in a bonded warehouse kept by B,
and receives from B certificates in the usual form. A afterwards sells the goods on credit to C, and indorses and delivers to him the certificates. Before the time for payment arrives, C's estate is sequestrated for the benefit of his creditors, and the goods being still in A's name in the books of the warehouse, A orders B to stop delivery of the goods. They are demanded by