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3. State briefly the points of similarity and difference between joint tenant, tenants in common, and co-parceners. 4. What is meant by the terms springing use and shifting use? How are such estates controlled by the Rule against Perpetuities?
Give some legal estate
5. When does a trustee take the legal estate in the absence of a grant unto and to the use of '? instances of forms of grant under which the has been held (a) to vest in, and (b) not to vest in, trustee.
6. What is meant by implied covenants for title? What are the chief provisions of the Conveyancing and Law of Property Act, 1881, in reference thereto ?
7. Distinguish between conditions precedent, conditions subsequent, determinable estates, and conditional limitations. Give brief examples.
8. State, in detail, the various ways in which testamentary dispositions can be revoked.
9. From what period does the Statute of Limitations begin to run in the following cases :
(1) A solicitor's bill of costs;
(2) goods sold on credit;
(3) a husband's liability for his wife's ante-nuptial debts?
(a) When does such last-mentioned liability exist?
10. A, on the 3rd August, draws a cheque on his bank payable to B or order, post dating it for August 10th, and delivers it to B, without receiving value. C cashes the cheque at B's request on August 5th, and presents it for payment at A's bank on August 10th. He then finds that payment has been stopped by A on August 9th.
Advise C and A on their respective rights and liabilities.
EXAMINATION FOR THE LL.B. DEGREE.
THE LAW OF PROPERTY.
PROFESSOR BAXTER; MR. DOYLE.
1. Discuss the enactment contained in the Conveyancing and Law of Property Act, 1881 (section 52), that a person to whom any power, whether coupled with an interest or not is given, may, by deed, release or contract not to exercise the power. Refer to some decided cases.
2. What is meant by the term 'power appendant' ? State the principles governing the exercise of such a
3. Apply the principle that appointments made under powers which fail are made good out of the appointor's estate in the property appointed' to the case of an appointment made by a person who is entitled to a life-estate on the death of an existing tenant for life, and also to remainder (in the same lands) in fee, expectant on several intermediate life-estates, and who, being so entitled, makes an appointment by will, and dies before any of his estates become estates in possession.
4. What distinction is said to have existed before the Wills Act, 1837, as to the construction of powers to appoint (a) to such persons, and (b) to such uses as the donee of the power should choose? How was the matter affected by the Wills Act?
5. Distinguish between (a) the exercise of a general power of appointment by a contingent person, who proves to be the person actually entitled to exercise the power, and (b) the attempted exercise of a power by a person who (at the time of such exercise) has a contingent power which however fails in the events which happen. Give illustrative examples.
6. What different presumptions arise in reference to execution of powers in favour of volunteers and of purchasers respectively?
7. What important bearing (on the question of the execution of powers) had the rule which laid down that in a gift of real estate the Court might examine whether the circumstances of the testator's property were such as to give effect to his will, but that, in a gift of personal estate. the Court could not look beyond the will? How and when was the importance of this rule reduced?
8. What are the main rules as to the execution of a general power by a general devise? Give some examples (citing reported cases rather than constructing examples).
9. What is meant by the application of the cy pres doctrine to devises ? To what testamentary appointments is the same doctrine (a) applicable, and (b) inapplicable?
10. Give rules of construction applicable to a power created by will to appoint among the children of A an estate subject to a life interest in B (created by the same will).
PROFESSOR BAXTER; MR. DOYLE.
1. What were the main distinctions between the systems of procedure at common law and in equity in (say) the fifteenth century?
Give a brief outline of each system.
2. What was the system of taking evidence in Chancery at the beginning of the nineteenth century?
When and how was that system reformed?
3. What maxim of equity is illustrated by the doctrines of satisfaction and performance?
Give instances of the application of each of these doctrines.
4. Under what conditions will precatory words be construed as creating a trust?
What is the tendency of recent decisions with regard to this question?
5. What are the chief distinctions in the rules applied to legacies of personalty and to legacies charged on land, as to (a) their vesting, and (b) their carrying interest?
Can you suggest any reason for these distinctions?
6. State shortly what accounts and inquiries are directed, and what order is made, by the administration decree in an action for the administration of both real and personal estate.
7. What is the position of a mortgagee
(a) As to his taking a lease of the mortgaged premises from the mortgagor :
(b) As to his making a lease of the mortgaged premises to a stranger:
(c) As to his obtaining a renewed lease of the mortgaged (leasehold) premises?
8. What differences are there between a solicitor's lien on the deeds and documents of his client, and his lien on a fund recovered in a suit?
9. What are the general rules as to the appropriation of payments to one of several debts due by the payer to the payee ?
10. A enters into a verbal agreement to sell lands to B, who afterwards refuses to complete the purchase. A sues B for specific performance, and B pleads that the Statute of Frauds has not been complied with. Can A rely on any and which of the following facts as a sufficient answer to this defence of B's, and on what principles :
(a) the fact that an abstract of title has been delivered to B's solicitor, and considered by him;
(b) the fact that B has paid a sum on account of the purchase-money;
(c) the fact that B has gone into possession of the lands, and expended money in fencing them?
COMMON AND CRIMINAL LAW.
PROFESSOR BAXTER; MR. DOYLE.
1. What is meant by (a) an agreement in restraint of trade, (b) a covenant running with the land? How far is the former legal? Give instances of the latter.
2. How are the rights of a person who has paid a sum of money under a mistake ascertained and enforced? Give examples.
3. Summarise the law as to contracts by corporations (apart from special statutory enactments).
4. What is meant by misfeasance and non-feasance, respectively? Discuss the question of liability of corporate bodies in regard thereto, and mention the chief decided
5. What is the present law in reference to unlawful oaths?
6. What are the main provisions (as to conditions) of the Railway and Canal Traffic Act, 1854? What is the liability of a railway company in reference to statements made in its time tables?
7. What is the meaning and application of the phrase 'judicandum est legibus non exemplis ' (Sir Edward Coke) ? Discuss in connexion there with the question of the Royal prerogative as regards the execution of capital sentences.
8. What is the measure of the rights of individuals in public highways? Give some instances of what has been held to be (a) legal, and (b) illegal, user thereof.
9. Distinguish between carriers and common carriers, and state briefly the main differences in their duties and liabilities.
10. What is the law as to venue and change of venue in criminal cases? State the number and constitution of a grand jury at assizes.