INTERNATIONAL LAW. The Board of Examiners. 1. Trace the influence of the Crimean war upon the development of International Law? 2. What were the real points at issue in the Trent case? 3. Enumerate the chief restrictions placed upon the use of destructive weapons in time of war. 4. How far is it true to say that International Law only takes account of sovereign states? 5. Do you consider that the United States were justified, in the then condition of International Law, in making a claim against England for the damage done by the Alabama? 6. What was the actual rule, as to succession to interests in English land, laid down by the case of Birtwhistle v. Vardill? 7. On what grounds do the English courts consider foreign tribunals to be justified in entertaining proceedings to enforce contracts? In what way does the question come before the English courts? 8. State exactly how far the lex fori is important in deciding as to the rights of parties claiming in the English courts under a contract made abroad. 9. What is meant by the "personal capacity" of an individual for purposes of Private International Law? 10. Succession duty is claimed by the British Crown upon a succession to an interest under a settlement executed abroad. What is the principle which the courts follow in deciding upon such a claim? THE LAW OF PROPERTY. The Board of Examiners. 1. State the estates, legal or equitable, which would be conferred on each of the persons mentioned by a grant of lands in the terms in each of the following cases, distinguishing in each case whether the estate is or is not an estate of freehold: (a) To A and his heirs to have and to hold unto A and his heirs to the use of B. (b) To A to have and to hold unto A to the use of B and his heirs. (c) To A and his heirs to have and to hold unto A his heirs to the use of B and his heirs upon trust for C and his heirs. (d) To A for twenty-one years to the use of B. (e) To A and his heirs to have and to hold to the use of B for ninety-nine years if he so long live. Give in each case the reasons for your answer. 2. A by deed demises a farm and lands to B for seven years. B covenants to keep the buildings in repair and not to cut down red gum timber; and the lease contains a proviso for re-entry upon breach by B of any of the covenants. B allows the buildings to get out of repair and cuts down red-gum timber. A, the day before a payment of rent falls due, sees B and remonstrates with him for having broken the covenants; the next day B tenders the rent which is accepted by A, but B does not put the buildings in repair. Is A entitled to re-enter for the breach of either or both covenants ? Give the reasons for your answer. 3. What is requisite to constitute a good assignment of an equitable estate in lands? Give the reasons for your answer. 4. Under what circumstances does the right to foreclose a mortgage of land under the old system arise? How is it exercisable? What is the ultimate effect of its exercise? 5. Under what circumstances does the right to foreclose a mortgage of land under the Transfer of Land Act 1890 arise? How is it exercisable? What is the ultimate effect of its exercise ? 6. A, the registered proprietor of land, being absent from the colony, B, by means of a forged transfer, procures himself to be registered as proprietor; afterwards B dies and C, who is ignorant of the fraud, obtains administration to his estate and procures himself to be registered as proprietor of the land. C then sells and transfers part of the land to D. A, returning to the colony, discovers the fraud; is A entitled to recover. (a) The land of which C remains registered proprietor? (b) The land of which D is registered proprietor. Give the reasons for your answer. 7. A, by instrument in writing, assigns his stock in trade as a retail grocer to B. The instrument purports to be an absolute assignment in consideration of the sum of £500 paid by B to A, and is registered as a bill of sale under Part VI. of the Instruments Act 1890. The transaction is really a mortgage to secure a present advance of £500 by B to A and interest, and A remains in possession and pays interest, but the proviso for redemption is not reduced to writing. Nine months after the registration of the instrument, A's estate is sequestrated for the benefit of his creditors. Who is entitled to the stock in trade? Give the reasons for your answer. 8. A steals a bag belonging to B, in it there is a watch, a Victorian Government debenture for £100, a five-pound note, and two sovereigns. A sells the watch to C, a watchmaker and jeweller, who exposes it for sale in his shop in Melbourne and sells it to D. A sells the debenture to E, a broker, and he gives the five-pound note and the two sovereigns to F, a tailor, in payment for a suit of clothes. C, D, and E are all bona fide purchasers, and F a bona fide payee, without notice that the property had been stolen. Can B recover his property in all or any, and if so, which of the foregoing cases? Give the reasons for your answer. 9. A, one of two partners, dies, leaving B, the other partner, him surviving; at the death of A the partnership assets comprise land which was conveyed to the use of A and B and their heirs, personal chattels in the possession of the firm, and book debts. Who is entitled (a) To the legal estate in the land? executor. 10. A dies seized of lands to which he is entitled beneficially, and also of lands of which he is sole trustee, having made a will disposing only of personal estate by which he appointed B Probate of the will is granted to B, but shortly afterwards B dies, having made a will by which he devises and bequeaths all his real and personal estate to C, his widow, and appoints her his executrix. Probate of B's will is granted to C. (a) In whom is the legal estate in the lands to which A was beneficially interested vested? (b) Whose duty is it to apply these lands to the purposes for which they are applicable? (c) In whom is the legal estate in the lands to which A was entitled when trust vested? (d) Whose duty is it to administer the trusts upon which A held them ? Give the reasons for your answers. |