exercise, of the jurisdiction of the Supreme Court in causes for the dissolution of marriage.

6. Give the substance of the provisions of the Judicature Act as to "Injunctions."

7. State and explain the difference between the "quantity" and the "quality" of evidence.

8. State and explain the difference between "sufficient" evidence and "satisfactory" evidence.

9. Of what facts does the Court take judicial notice? 10. In what cases is the remedy of Quo Warranto applicable, and give an outline of the present practice in this form of procedure?

11. Give an outline of the procedure in Insolvency to obtain a compulsory adjudication of sequestration, and state the facts necessary to support the order of sequestration.

12. State and explain the different descriptions of Criminal Informations.

THE LAW OF PROPERTY.

The Board of Examiners.

1. A, the registered proprietor of land under the Transfer of Land Statute, by writing not under seal, makes a lease of the land for three years to B, to commence one month after the date of the

lease, reserving a rent payable half-yearly. By the lease, B agrees to keep the premises in repair. B enters into possession, and pays the first half-year's rent to A; afterwards A transfers the land to C, who is registered as proprietor. The premises becoming out of repair, what tenure (if any) has B of the land? What liability (if any) and to whom is B under with respect to the agreement to repair? Give the reasons for your answer.

2. What is the ordinary rule as to the right of a tenant as against his landlord to remove fixtures of an ornamental nature erected by himself on the demised premises?

What are the four circumstances pointed out by Mr. Amos as mainly essential to be regarded whenever such a question arises?

A

3. A being tenant by the courtesy of certain lands of which his deceased wife, as devisee, was seised in fee simple, marries a second time. had one child only by his first wife, a son, B, who is then living. On the 10th of August, 1864, A dies, having by his last will devised these lands, of which he is in possession up to his death, to his second wife C for life, and after her death to all his children who might be then living equally as tenants in common, and appointed her his executrix. C proves the will and enters into possession of the lands. On the 2nd of February, 1876, B dies under 21 years of age, leaving a widow, also under age, him surviving. On the 20th of May, 1878, B's widow attains her majority. On the 3rd of January, 1888, C dies, having by her last will devised the

lands, of which she has retained possession up to
her death, to D, one of her sons by A, and
appointed him her executor.
Besides D, one
other child only of A, named E, survives C.
D proves the will and takes possession of the
lands, to the entirety of which he claims to be
beneficially as well as legally entitled. On the
2nd of February, 1888, B's widow obtains ad-
ministration to her deceased husband's estate.
Actions are commenced against D by the admi-
nistratrix of B claiming the entire lands, and by
E claiming an undivided moiety. Who is en-
titled? Give the reasons for your answer.

4. A, a storekeeper in Omeo, purchases goods of B, a storekeeper at Bairnsdale, on behalf of his firm, on credit, for the purpose of sending them to Omeo. B delivers them to C, a carrier, who places them on a dray in charge of D, a drayman in his employment, with instructions to take them to Omeo and deliver them to A. In the meantime A, having returned to Omeo, sells the goods for cash to E, which is paid. After this Bhears, as the fact is, that A's firm in Melbourne has stopped payment. He accordingly gives C notice to stop the delivery of the goods. C declines to accept this notice, saying that it should be given to D. Nevertheless, C sends on orders by the next coach to D not to deliver, and D receives these orders before reaching his destination or delivering the goods. Who is entitled to the goods? Give the reasons for your answer.

5. A and B are carrying on business in partnership. A mortgages his share in the partnership to C, to secure a sum of money. Afterwards A's

estate is sequestrated for the benefit of his creditors. Up to the time of the sequestration the partnership assets are in the possession of A and B. What are the rights of A's trustee in insolvency with respect to A's share in the partnership? Give the reasons for your answer.

6. Explain the distinction drawn by Lord Coke in the following passage:-"Regularly, when a man will take advantage of a condition, if he may enter, he must enter, and when he cannot enter he must make a claim, and the reason is, for that a freehold and inheritance shall not cease without entry or claim."

7. Mr. Joshua Williams remarks—“The rules which are required for the creation of a contingent remainder may be reduced to two; of which the first and principal is well established; but the latter has occasioned a good deal of controversy." (a) State and explain these rules, giving illustrations.

(b) What is the nature of the controversy alluded to?

8. A is the registered proprietor of land under the Transfer of Land Statute. Another person of the same name owes money to B, for which B recovers judgment, and thereupon causes the Registrar of Titles to be served with a copy of the writ of fieri facias issued on such judgment, accompanied by a statement signed by B, specifying A's land as the land sought to be affected. The registrar enters the writ accordingly, and the sheriff thereunder sells and transfers A's land

to C, a purchaser for value, who procures himself
to be registered as proprietor.
What are the
rights of A and C respectively? Give the
reasons for your answer.

9. A by his last will devises all his real estate to his executors and trustees upon trust as to his estate of Blackacre for such one or more of the sons of his brother as should attain the age of 25 years, equally, and as to the residue of his real estate upon trust for such one or more of his (the testator's) own sons as should attain the age of 25 years, equally. A dies seised in fee simple of Blackacre and other lands, leaving him surviving his brother mentioned in his will, who at that time had two sons aged 26 and 24 years respectively, and the testator also left him surviving two sons of his own aged 20 and 18 years respectively. What is the effect of A's will? Give the reasons for your answer.

10. A is the trustee of a settlement comprising leasehold property. Upon the lease expiring, A.

obtains a renewal of the lease to himself. What (if any) are the rights of the cestui que trust with respect to the renewed lease? Give the reasons for your answer.

11. A testator devises and bequeaths the residue of his estate, real and personal, upon trust as to one moiety for the benefit of individuals, and as to the other moiety for charitable purposes. In both cases the trusts are too uncertain to be carried out. What disposition will be made of the residue in each case?