No Crown grant of the land ever having been made, can an action or other proceeding be maintained on behalf of Her Majesty to recover possession? Give the reasons for your answer. 5. By the will of a deceased person, lands were devised to A for life, and after his death to B. A enters into possession of the lands, and by deed demises them to C for the term of 21 years, reserving a rent of £120 per annum, which amounts to a rack rent, payable by equal halfyearly payments on the 1st of January and the 1st of July in each year. The lease contains a covenant to pay the rent, and a condition of re-entry on non-payment of the rent for 30 days after it became due. The lease also contains power to the tenant to dig clay for brickmaking. The tenant for life dies on the 1st of June next after the first payment of rent fell due. (a) What are the rights of B with respect to the possession of the lands? (b) What are the rights of A's executors with respect to the last half year's rent? Give the reasons for your answers. 6. A, the registered proprietor of land under the Transfer of Land Act 1890, executes an absolute transfer of the land to B, which is intended to operate by way of mortgage to secure a sum of money lent by B to A and interest, and B executes a deed of defeasance, and by registering his transfer becomes registered proprietor. C, another creditor of A, having recovered judgment against him, and being desirous to obtain satisfaction of his debt by the sale of A's equity of redemption, what steps ought he to take to avoid the risk of being defeated by a sale of the equity of redemption by A to a purchaser for value? Give the reasons for your answer. 7. A testator, who was at the time of his death carrying on business, by his last will devised and bequeathed all his property, real and personal, to his executors upon trust for sale, and empowered them to continue carrying on his business for such time as they might in their discretion think fit, and directed them to pay out of the proceeds of the sale to his son A, who was 12 years old at the testator's death, a legacy of £2,000, and to his, the testator's, brother B a legacy of £1,000, and the residue to his, the testator's, wife D and his sister E in equal shares. The executors, in the exercise of their discretion, carried on the testator's business for a period of three years from his death, when they sold the same, and then, for the first time, had funds in their hands available for payment of the legacies left by the will. The net proceeds, after payment of funeral and testamentary expenses and debts, amounted to £4,000. The testator left him surviving his son 4, his brother B, and his wife D, but his sister E died in his lifetime, and he never had any other children, or brothers, or sisters, except those named in his will. How is the fund distributable? Give the reasons for your answer. 8. A and B are trustees of a settlement of lands, in which the power of appointing new trustees is vested in the person for the time being entitled under the trusts to receive the rents and profits. A dies, having duly made his will, probate whereof is granted to C the executor named therein. Afterwards B's estate is sequestrated for the benefit of his creditors, and shortly afterwards B dies without having obtained his certificate, but being entitled to a policy of assurance on his own life, administration to his estate is taken out by D. The person entitled under the trusts of the settlement to the receipt of the rents and profits is an infant. In whom is the legal estate in the settled lands, and the power of appointing new trustees of the settlement vested? Give the reasons for your answer. 9. Describe the wife's right to dower as existing in Victoria at the time of the separation from New South Wales, and explain how it has been affected by subsequent legislation. 10. A by bill of sale, under seal, duly registered, assigns to B by way of mortgage, to secure a sum of money advanced and interest, all the stock-in-trade then upon or which may afterwards be brought upon the premises upon which he is carrying on business. A continues in possession, and to carry on his business and sells part of the stock-in-trade and purchases and brings on to the premises other stock-in-trade, and six months afterwards A sells the whole of the stock-in-trade then upon the same premises to C, and delivers possession. The stock so sold to C comprises part of that which was on the premises at the date of B's bill of sale and part that was purchased and brought on afterwards. Supposing C to be a bonâ fide purchaser for value without notice of B's bill of sale, what are the rights of B and C to the perty delivered to C? Give the reasons for your answer. pro 11. (a) What is the effect of a liquidation by arrangement of the affairs of an insolvent debtor under the provisions of the Insolvency Statute 1890? (b) What is the effect of a discharge granted to a debtor on a liquidation by arrangement? 12. A, the registered proprietor of land under the Transfer of Land Act 1890, sells and transfers it to B, who becomes registered proprietor, but has not paid the purchase money. Afterwards B sells part of the land to C. Before the purchase is completed A gives C notice that his purchase money is unpaid, but C notwithstanding completes the purchase, and becomes registered proprietor of the portion purchased by him. Has A any remedy for his unpaid purchase money (a) Against the portion of the land remaining in the hands of B? (b) Against the portion transferred to C? THE LAW OF OBLIGATIONS. The Board of Examiners. Wherever possible, give the reasons for your answer. 1. A, verbally, makes an offer to B to buy B's horse for £5, and says that he will leave his offer open for a week. Three days afterwards, B, not having heard from A in the meanwhile, comes to A and says he accepts the offer, but A refuses to be bound by his offer; B sues A for breach of contract. State your opinion, citing authorities to support it, of the probable result of the action. 2. What were the facts, the decision, and the effects of the decision, in the case of Debenham v. Mellon, 6 Ap. Ca. 24? 3. What were the facts, the decision, and the effects of the decision, in the case of Reid v. Anderson, 13 Q.B.D. 779? 4. State the principal ways in which the provisions of the Married Women's Property Acts have affected the contractual capacity and liability of married women. 5. R agreed in writing to supply W with straw, to be delivered at W's premises at the rate of three loads a fortnight during six months, and W agreed by the same document to pay R £1 per load for each load of straw so delivered on his premises during the same period. After the straw had been supplied for some time W refused to pay for the last load delivered, and insisted on always keeping the payment to the amount for one load in arrear. R sends no more, but at once brings an action for breach of contract. Will he be successful? 6. When an agent effects a purchase of goods and the seller wishes to have recourse to the principal for the price, state the distinction as to set-off between the case where the agent does not disclose the existence of his principal and a case where he discloses that he has a principal, but does not give his name. |