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10. (a) A in Victoria, employs B, also in Victoria, to make contracts with C, in New South Wales. (b) A in Victoria, employs B, who is in New South Wales, to make contracts with Cin New South Wales.

What law governs the relation of A and B, B and C, and A and C in each of the cases?

THE LAW OF PROPERTY.

Mr. Guest.

1. What is the effect of—

(a) the execution of a lease by which A demises land to B for two years, reserving a rent payable quarterly; and

(b) the execution of a deed by which A bargains and sells land to B for two years in consideration of a sum of money paid by B

to A ;

if B is not in possession at the time of execution? Give reasons.

2. Explain the difference, if any, between a devise of

freehold hereditaments contained in the will of a testator who died in 1870, and a devise of freehold hereditaments contained in the will of a testator who died in 1874, assuming that in each case probate of the will was granted to the executors named in the will within three months of the death of the testator. Give reasons.

3. A testator by his will devised land of which he was the owner in fee simple "to the first son of A who shall attain the age of 25 years, but in case A should die without leaving any child living at his death, then I devise the land to B absolutely"; and he appointed X and Y his executors. The testator died in 1881, and X and Y proved the will. At the time of his death A had two sons, aged six and four years respectively. What is the effect, if any, of the devise? Give reasons.

4. By a lease in writing, but not under seal, A demised land to B for a term of four years, from the 1st January, 1892, at a yearly rental, payable in half-yearly instalments on the 30th June and 31st December in each year. B entered into possession and paid rent half-yearly on the days mentioned. On the 3rd July, 1895, A served on B notice in writing to quit and deliver up possession on the 31st December, 1895. B nevertheless continued in possession after the 31st December, 1895. Can A recover possession of the land? Give reasons.

5. Name and explain the four unities necessary to the creation of a joint tenancy. Are there any, and if any, what exceptions to the rule? Give examples.

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

(a) By indenture A, the owner in fee, grants land "to B to the use of C and his heirs."

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(b) By indenture A, the owner in fee, grants land to B and his heirs after the death of C to have and to hold the same to the use of D and his heirs."

(c) By indenture A, the owner in fee, grants land "to B and his heirs to the use of B and his heirs to the use of C and his heirs."

(d) By indenture A, the owner in fee, grants land "unto B and his heirs to have and to hold the same to the use of B and his heirs during the life of Cupon trust to permit C to receive the rents and profits, and after the death of C, then to the use of the heirs of C."

In each case give reasons for your answer.

7. The owner in fee simple of certain land sold and executed a conveyance of the land to a purchaser. This conveyance was not registered. Shortly afterwards the conveyance and the other documents of title were deposited with the vendor to secure the payment of the balance of the purchase money which remained unpaid. Subsequently the vendor became insolvent, and the assignee in insolvency took possession of all the documents of title except the conveyance mentioned, of the existence of which he had no knowledge. In the belief that the insolvent was at the time of his insolvency the owner in fee of the land, the assignee sold the land, received the purchase money, and executed a conveyance of it to a purchaser, who forthwith registered the conveyance to him. The purchaser from the assignee in insolvency had no notice actual or constructive of the prior conveyance to the first purchaser. What are the rights of the first and second purchasers respectively to the land? Give reasons.

8. How does the "apparent possession" of the grantor of a bill of sale of goods comprised therein differ from the "reputed ownership" of an insolvent at the time of insolvency of goods belonging to others?

9. When goods are delivered to the buyer "on sale or return," what are the rules for ascertaining the time at which the property in the goods passes to the buyer

(a) If no time is fixed for the return of the goods? (b) If a time is fixed for the return of the goods?

10. What are the rights of a creditor who has obtained judgment for a debt owing to him by a person who is a partner in a firm if such person has no property other than his interest in the partnership?

11. A, the registered proprietor of land under the Transfer of Land Act 1890, contracted with B for the sale of the land to him for £1,000. After B had paid the amount of the purchase money, one C falsely represented to A that he had purchased the land from B, and produced a forged document purporting to be signed by B, by which A was directed to transfer the land to Č. A transfer from A to C was accordingly signed and registered, and C procured a certificate of title in his own name. Subsequently Cmortgaged the land to D to secure the repayment of £600 bona fide advanced by D, and the mortgage was duly registered. Some months after C, in consideration of natural love and affection transferred the land subject to the mortgage to his

wife and the transfer was duly registered. What are B's rights, if any, in respect of the land? Give reasons.

12. A, the registered proprietor of land under the Transfer of Land Act, being about to leave Victoria for England, appointed B his attorney, and under the power appointing him B was authorized to do certain things in the name of A during the absence of A. After A's departure from Victoria, B, purporting to act as such attorney, leased the land of A to C for 10 years, and the instrument of lease was duly registered. C took possession of the land. Both B and C believed that B was authorized under his power of attorney to make such a lease. According to the true construction of the power of attorney В acted in excess of his authority in leasing the land. A year later A returned to Victoria, demanded possession of the land from C, and brought an action to have the lease to C cancelled and to recover possession. succeed? Give reasons.

Can he

THE LAW OF OBLIGATIONS.

The Board of Examiners.

Whenever possible, give the reasons for your answer.

1. State shortly the elements necessary to a valid

contract.

2. Discuss and illustrate the circumstances in which an offer may be revoked or lapse.

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