4. A and B, domiciled in England, are married there. They come to Victoria and acquire a Victorian domicil. A deserts B and returns to England. B takes divorce proceedings in Victoria. Consider (a) whether the Victorian Court has jurisdiction, (b) whether the decree of the Victorian Court will be recognized in other British Courts.

5. A, a Brazilian subject, publishes a libel in Brazil upon B, who is also a Brazilian subject. A and B come to Victoria, and B brings an action for libel against A. Evidence is given that by the law of Brazil libel is the subject of criminal proceedings only. Submit arguments on the question (a) whether the Victorian Court has jurisdiction, (b) whether there is any cause of

action.

6. A was a British subject resident and carrying on trade in England. During a war between England and France he pursued his trade with France as well as with neutral countries. His insurances were all against capture by either belligerent. Consider the legality of the insurances; and in the case of those insurances which you think to be bad, the right to a return of the premiums.

7. What is a System of States? What rules of policy or of law are associated with the Armed Neutralities and the Holy Alliance?

8. What is the legal aspect of the intervention of the United States in Cuba?

9. What are the conditions on which recognition is accorded to a State?

10. Explain the following phrases:-(a) Free ships, free goods; (b) Capture operates as delivery; (c) A Prize Court is a Court not of Municipal Law but of the Law of Nations.

11. Is there, in your opinion, any and what distinction between International Law and International Morality?

THE LAW OF PROPERTY.

Mr. Guest.

1. Explain first why all lands which have been alienated in fee simple in Victoria are held in free socage; and secondly, why there are no manors in Victoria.

2. By a deed made in 1865 certain land was granted "to B and his heirs to the use of A (a bachelor) for 99 years if he should so long live, and after the death of A to the use of the first son of A and his heirs." Subsequently A had a son born to him, but the son died in 1880 intestate, and his father was appointed administrator of his estate. Who is entitled to the land, and for what estates? Give reasons.

3. Give two examples of surrenders of leases by operation of law.

4. What is the effect of the limitation in each of the following cases:

(a) By will made in 1882 a testator, who died in 1884, devised land "to A and his issue" if, as a fact, A had no issue at the death of the testator, and

(b) if, as a fact, A had issue at that date.

(c) By will made in 1886 a testator, who died in 1891, devised land "to A and his children" if, as a fact, A had no children at the death of the testator, and

(d) if, as a fact, A had children at that date.

(e) By deed, land was granted by A "to B to have and to hold to the use of B and his heirs."

In each case give reasons for your answer.

5. Is it possible to annex a conditional limitation to an estate in fee simple? Give reasons for your

answer.

6. Distinguish between a second mortgage and a sub-mortgage. What is the nature and effect of the instrument by which each of them is created?

7. How does proof of title in actions to recover land differ from the proof of title usual upon a sale of land?

8. When can an unpaid seller of goods re-sell the goods?

9. On the 5th May, 1896, A, a judgment debtor against whose property a writ of fi. fa. had been issued, mortgaged certain land of which he was

the owner to B to secure an advance then made by B to A. At the time of the mortgage B knew that the writ had been issued. On the 10th May, 1896, the writ was delivered to the sheriff, and on the 12th May, 1896, it was duly registered. Pursuant to the writ the sheriff sold all the right, title, and interest of A in the land to C, and executed a conveyance to C, who forthwith registered his conveyance. The mortgage mentioned was never registered. What are the rights (if any) of B and C respectively to the land? Give reasons.

10. By an agreement in writing, made 5th July, 1898, A agreed to sell and B to purchase certain furniture, then in the house of A, for the sum of £40, possession to be delivered as soon as B paid the price. This agreement was not registered under the Instruments Act 1890. On the 31st July, B wrote to A, and in his letter enclosed the sum of £40, and stated that he would call the next day for the furniture. B did not call on the 1st August, and on the 2nd August the furniture was seized by the sheriff under an execution against A. On the 3rd August B called at the shop of A and claimed the furniture as his. Is he entitled to it? Give reasons.

11. The owner of stock on a station mortgaged them, and the stock mortgage was duly registered under Part VIII. of the Instruments Act 1890. Eighteen months later the mortgagor sold and delivered 20 calves, part of the progeny of the stock mortgaged, to a butcher who had no notice of the stock mortgage. The butcher paid for the calves, and removed them to his own place.

The next day the mortgagee, who had never taken possession of any of the stock comprised in the mortgage, demanded the return of the calves to the station. The butcher refused. What are the rights, if any, of the mortgagee as against the butcher? Give reasons.

12. A, the registered proprietor of land under the Transfer of Land Act 1890, mortgaged the land to B, and the mortgage was duly registered. Subsequently A, by an instrument in the prescribed form, leased the land to C for five years, and C went into possession. The instrument of lease, however, was never registered, and the mortgagee had no knowledge of it. The tenant C paid rent to A regularly up to the time A made default under the mortgage. Soon after default B exercised his power of sale, and brought an action to recover possession of the land against C. Is he entitled to succeed? Give reasons.

THE LAW OF OBLIGATIONS.

Mr. Cussen.

1. When is an agreement enforceable at law?

2. A written offer consists of various terms, some of which do not appear on the face of it. When and to what extent is an acceptor bound by terms the purport of which he did not know?