5. A demised land to B for one year, from the 1st January, 1896, receiving a rent of £100 payable in quarterly instalments of £25 each, on the last days of March, June, September, and December in that year. During the year 1896, B paid the rent as it became due. After the expiration of the year B continued in possession, and A wrote to B asking him if he was willing that the tenancy should be continued, and B in answer wrote that he was. On the 31st March A demanded of B payment of rent, but B refused to pay. A brought an action to recover possession of the land. Can he succeed? Give reasons.

6. Discuss and explain the object and effect of the provision as to the merger of estates first enacted by the Judicature Act 1883. Give reasons.

7. The mortgagee under a legal mortgage of an estate in fee simple entered into possession, and by deed demised the land at a rack rent for a term of five years, and the tenant thereupon entered into possession. The mortgagor had no knowledge of the lease until some six months after it was made. During the third year of the lease, the mortgagor paid off all the money secured by the mortgage, and the land was thereupon re-conveyed to him. The re-conveyance contained no mention of the lease made by the mortgagee. Can the mortgagor recover possession of the land as against the tenant? Give reasons.

8. By an indenture made 1st March, 1875, land was conveyed to the use of A for life, remainder to the use of B for life, remainder to the use of A and his heirs. A entered into possession, but on

the 5th June, 1880, he was dispossessed by D, who entered into possession. On the 4th August, 1880, A left for England, and did not return until 15th January, 1887. B died 14th Sep

tember, 1889. By his will A devised all his real estate to X and Y and their heirs upon certain trusts, and appointed X and Y his executors. On the 6th July, 1895, A died, and on the 17th August, 1895, probate of his will was granted to X and Y. On the 10th January, 1897, X and Y commenced an action against D to recover possession of the land. Can they succeed? Give

reasons.

9. A debtor made a voluntary settlement of land by conveying the same to a trustee to hold upon trust for his wife for life, then upon trust for himself for life, and subject thereto for his children in fee. The effect of the settlement was that his remaining assets were not sufficient to pay his then existing debts. The settlor subsequently borrowed money of Bon the security of the settlor's interest under the settlement, and executed a conveyance of his interest to B subject to a proviso for redemption. B had no notice that the effect of the settlement was as stated. What are the rights, if any, of the creditors of the settlor in respect of the property comprised in the settlement? Give reasons.

10. By deed made 15th January, 1895, A, in consideration of £500 that day lent by B to A, assigned to B all the stock belonging to him and then on his station Burri Burri, comprising 600 bullocks particularly described in the deed, in order to secure the repayment of the sum of £500

and interest at the times and rate therein mentioned. And it was thereby agreed that upon default being made in payment of principal or interest that B might take possession of the said stock and sell the same. This mortgage was duly registered under Part VIII., Instruments Act 1890. On the 20th February, 1895, A brought on to the station 300 stud sheep to which he had become entitled under the will of his father. On the 15th April, 1895, A made default under the mortgage, and while still in default, A sold and delivered 200 of the sheep to his brother C, who knew the contents of the mortgage to B, and the 200 sheep so sold were removed by C. What are the rights, if any, of B to the 200 sheep sold to C, and what rights, if any, has B in respect of the 100 sheep not sold? Give reasons.

11. To what extent is the equitable doctrine of notice abolished by the provisions of the Transfer of Land Act 1890 ?

12. A recovered judgment for a debt owing by B. A writ of fi. fa. was issued, and on the 16th June, 1896, it was registered against certain land of which B was the registered proprietor under the Transfer of Land Act 1890. On the 5th July, 1896, by a contract in writing, B agreed to sell the land to C for the sum of £1,000, and it was agreed that the sum of £1,000 should be paid by C paying to A the amount owing by B to A and secured by the writ of fi. fa., and by paying to B himself the balance of the sum of £1,000. On the 2nd September, 1896, D recovered judg ment against B, and on the 3rd September,

1896, a second writ of fi. fa. was issued and registered against the same land. On the 4th September, 1896, Clodged a caveat forbidding the registration of any dealings with the land except a transfer to himself. On the 30th September, 1896, the sheriff sold the land under the second writ, and a transfer from him to F, the purchaser, was lodged for registration on the 31st September, 1896. On the 2nd October, 1896, received notice of the transfer by the sheriff and two days later lodged a transfer from B to himself purporting to give effect to the sale from B to himself. What are the rights of Fand C respectively? Give reasons.

THE LAW OF OBLIGATIONS.

Mr. Cussen.

Whenever possible give the reasons for your answer. 1. A undertakes by deed poll duly delivered to B to perform some act apparently for the benefit of C. On learning of the undertaking from B, who offers to hand over the deed, Crefuses to accept the deed or performance of the undertaking. Subsequently C seeks to enforce the undertaking. Can he do so?

2. X and Y having entered into a simple contract afterwards execute an indenture to the same effect, with the addition of a provision that the simple contract is not to be or to be deemed to

be merged in the deed. The deed becomes unenforceable by reason of a material alteration which is made in it while in X's possession. Can I then resort to the simple contract for the purpose of compelling Y to perform his part of the contract?

3. How did Common Law differ from Equity in its treatment of Bonds? What is the present state of the law in connection therewith?

4. Discuss the alleged exception to the doctrine of consideration in cases where one man employs another to render services to him gratuitously.

5. By a verbal agreement A in consideration of B guaranteeing a debt of £100 due from C to A promises to pay £10 to B at the end of six months. Three months afterwards C pays his debt to A, but at the end of six months A refuses to pay £10 to B, relying on the Statute of Frauds. Has he a good defence to an action by B?

6. Summarise the provisions of the Sale of Goods Act with relation to implied warranties or conditions on a contract of sale of goods.

7. Write a short essay on the Assignment of Choses in Action.

8. A promissory note is made payable to A or order. After issue B adds his signature to accommodate and guarantee the maker. The note is then negotiated to C. Discuss B's legal position and his possible rights or liabilities.