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 answer. 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. 6. A, 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 A 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 C the machinery and fixtures upon 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 C's trustee in insolvency who produces the certificates. Who is entitled? Give the reasons for your answer. 9. In what ways may a duly executed will be revoked? 10. By an indenture of settlement, £5,000 is vested in A and B upon trust to invest in Government or real securities of or in the colony of Victoria, and pay the income to C during her life for her separate use, and after her death to divide the corpus among her children in equal shares. Chas a power of appointing new trustees. The trustees invest the moneys in mortgage in their joint names. C dies, leaving children who are infants. Afterwards A dies, having duly made his will, probate of which is granted to D. Afterwards B dies, and administration of his estate is granted to E. (a) Can new trustees of the settlement be appointed without resorting to the Court? If so, by whom? (b) What steps are necessary to vest the mortgages upon which the money is invested in the new trustees? Give the reasons for your answer. 11. Explain the meaning of the following terms :Equity of redemption, certificate of sale (of a ship), certificate of title, cestui que trust, administrator de bonis non, interesse termini. 12. A, by his will, devised lands to B for his life, and after his death to Cin fee. A died on the 2nd of March, 1860. After the death of A, D, a trespasser, went into possession of the lands and THE LAW OF OBLIGATIONS. The Board of Examiners. Wherever possible, give the reasons for your answer. 1. When an offer consists of various terms, some of which do not appear on the face of it, to what extent and in what circumstances is an acceptor bound by terms of the purport of which he was not aware? 2. Give at least four instances, other than the fourth section of the Statute of Frauds, in which agreements are required by Statute to be in writing. 3. A agreed to sell and B to buy certain goods belonging to A for the sum of £9, the goods to be delivered in six months and paid for in eighteen months. Does this agreement require to be in writing in order that it may be enforceable by action? 4. Discuss the question of consideration in connection with contracts arising from the gratuitous bailment of goods, and state whether, in your opinion, such contracts are an exception to the general rule, that consideration is necessary to the validity of every simple contract. 5. Give a definition of Undue Influence, and state the more important classes of cases in which undue influence is prima facie presumed from the relative position of the parties. 6. A and B enter into an agreement to do a thing, innocent in itself, but designed to promote an illegal purpose, of which purpose A is aware, though B is ignorant. Has B any and what right (a) if he carries out his part of the agreement? (b) if he discovers the illegal purpose before he has carried out his part of the agree ment? 7. Discuss and illustrate the distinctions between Assignment and Negotiability. 8. In what circumstances does the alteration of a written instrument operate as a discharge of a contract set out in such instrument? 9. State shortly the extent of authority and the rights of an auctioneer selling goods by public auction. 10. A cheque purporting to be signed by A, payable to B or order, and purporting to be endorsed in blank by B, is presented by and paid to an unknown person at a bank at which A is a customer. Will A or the banker have to bear the loss (a) Assuming A's signature to be forged? (b) Assuming B's endorsement to be forged? |