4. What are the principles which govern the recog nition of (a) belligerents, (b) a new State? What is the significance of recognition?

5. Consider how far the grounds upon which jurisdiction is assumed by Victorian Courts correspond with the grounds upon which we recognize the jurisdiction of Foreign Courts.

6. A, in England, becomes a preference shareholder in the Company, which is domiciled in England and carries on business in Queensland. Under the contract preference shareholders are to receive 6 per cent. per annum. By an Act passed in Queensland an income tax is charged on the interest payable to preference shareholders, and the company, under the provisions of the Act, deduct income tax from A's interest. Α sues the company for the amount so deducted. Can he succeed (a) in England, (b) in Queensland?

7. What is the application of the maxim "Mobilia sequuntur personam."

8. Upon what does the jurisdiction of the Court to grant administration to the estate of an intestate depend? Upon what does jurisdiction in an administration action depend?

9. Where the debtor's estate has been sequestrated in Victoria, under what circumstances can a creditor be compelled to account for property of the debtor against which he has recovered abroad?

10. Where a winding-up order has been made abroad against a company carrying on business in Victoria, what proceedings may be taken here?

THE LAW OF PROPERTY.

Mr. Guest.

1. Is there any and if any what distinction between the devolution of leaseholds and the devolution of freeholds on the death of the owner intestate?

2. On the 15th December, 1892, by a verbal agreement A agreed to lease a certain piece of land to B for three years from the 1st January, 1893, at a rack rent payable quarterly on the last days of March, June, September, and December in each year. B took possession on the 1st January, 1893, and paid rent on the days appointed. On the 20th December, 1894, A gave B notice to quit and deliver up possession of the land on the 30th day of June, 1895. B refused to quit on the 30th June, 1895, and continued in possession. A brought an action to recover possession of the land. Can he succeed?

3. State how it became possible to create legal estates of freehold to take effect in futuro by means of a conveyance inter vivos.

4. What is the effect of each of the following ?(a) By deed the owner in fee simple of land grants the land "to B and his heirs to the use of A (a bachelor) for life, and after his death to the use of the first son of A who shall attain 24 years and his heirs."

(b) By deed the owner in fee simple of land grants the land"unto and to the use of B and his heirs

in trust for A for life, and after the death of A upon trust for the first son of A who shall attain 24 years and his heirs."

Give your reasons in each case and explain the difference (if any) in the effects of the two limitations in remainder.

5. Specify the clauses usual in an ordinary deed of conveyance on sale of an estate in fee simple and the order in which they are arranged.

6. What estates legal or equitable are conferred in each of the following cases?—

K was a

(a) A testator who died in January, 1890, by his will made 6th March, 1887, devised Blackacre "to his son K and his children." bachelor at the death of the testator. The will was proved 20th May, 1890, by the executors appointed by it.

(b)

(c)

By deed the owner in fee simple A grants land "to B and C and their heirs to the use of A for life."

By deed the owner in fee simple A grants land "to B for 99 years to the use of C."

(d) By deed the owner in fee simple

grants land "to A and his heirs to the use of B (a bachelor) for 99 years, if B shall so long live, and after the death of B to the use of the first son of B who shall be born and his heirs."

7. Explain the statement of Cairns L.C. in Rangeley v. Midland Railway Co. that "There can be no such thing, according to our law, as an easement in gross.

8. A, a merchant in London, shipped a case of Waterbury watches by the s.s. Austral bound for Melbourne. The watches had been ordered by and were consigned to B, a jeweller in Melbourne. The bill of lading was posted to B. Before B received the bill of lading B sold the case of watches to C, and received the purchase money. The bill of lading came to the hands of B, but was never transferred by him to C. Shortly after B, who had not paid for the watches, stopped payment, and A thereupon instructed his agent in Melbourne to stop delivery of the goods on the arrival in Melbourne of the s.s. Austral, and the agent did so. What are the rights of A and C respectively to the watches? Give reasons.

9. By an ante-nuptial settlement A in consideration of the intended marriage covenanted with B and C, the trustees of the settlement, that he would pay to them the proceeds of the sale of a piece of land which he had contracted to sell for the sum of £1,200 as and when he should receive the same, to be held by them upon the trusts of the settlement. A received sums amounting to £700 in part payment of the sum of £1,200, and paid the same to the trustees. Subsequently, but within two years of the date of the settlement, A became insolvent, and I was appointed trustee in his insolvency. What are the rights (if any) of B and C and of X respectively to the £700 paid to B and C, and to the balance of the money remaining unpaid? Give reasons.

10. How could ten persons who are owners in equal shares of a British ship be registered so as to

shew upon the register an equal interest in each of them?

11. Explain what is meant by the statement that the Transfer of Land Act is the Statute of Uses reversed.

12. A was the registered proprietor of land under the Transfer of Land Act 1890. During the absence of A in England, B, his solicitor, who had the custody of the certificate of title to the land, forged an instrument of transfer of the land from A to a relative of his own, one C. This transfer was registered, and a certificate of title in the name of C as registered proprietor was issued. Chad no knowledge of the transfer or its registration until the certificate of title in his own name was handed to him by B. Shortly afterwards C leased the land to D for 10 years, at a rental of £200 per annum, and D entered into possession of the land under the lease, but the lease was not registered. At the time D took possession he had no knowledge of the circumstances under which C became registered proprietor. During the second year of the lease A returned to Victoria and brought an action to recover the land. To what relief (if any) is A entitled ?