A should by deed or will appoint, and in default of any such appointment in trust for the children of A, in equal shares. By deed A appointed that the land should be held upon trust after his death, for such of his children and their heirs as should attain 24 years, in equal shares. In 1895 A died. Of his three children only two, viz., C and D, attained 24 years; these two attained 24 years of age during A's life; the third child, viz., E, died in 1896, at the age of 22 years. By his will E devised "all his real estate to X." Consider the rights of C, D, and X to the land. 3. Consider and explain the operation of the Statute of Uses in the following limitations of freehold lands :

(a) A grant to A and his heirs to the use of A for life; remainder to the use of B and his heirs. (b) A grant, made in 1880, to A and his heirs to the use of A and the heirs of his body.

(c) A grant to A and his heirs to the use of A and B and their heirs.

(d) A bargain and sale of land to A and his heirs to the use of B and his heirs.

(e) A grant to A and his heirs to the use of A and his heirs, until A intermarry with B, and then to the use of C and his heirs.

4. What are the rules for determining whether a covenant runs with the land where the relation of landlord and tenant exists, and cite authorities? 5. A legal mortgage of freeholds contained a distress for interest clause. The mortgagor, who was in occupation, became insolvent. Interest on the mortgage money fell into arrear, and the mortgagee distrained upon all the chattels on the

mortgaged premises in the possession of the mortgagor. The assignee in insolvency of the mortgagor brought an action for trespass and illegal distress. What are the rights respectively of the assignee and the mortgagee?

6. In 1860 A, by deed, demised land to B for 37 years, from 1st January, 1860. B entered and paid the rent reserved as it accrued due till the end of 1882. From that time till the 3rd January, 1888, no rent was paid. On the 3rd January, 1888, one C wrongfully demanded of B the rent then in arrear, and was paid. Subsequently C received the rent as it accrued due during the residue of the term, and at its expiration entered into occupation of the land. In May, 1898, the executors of A, who died April, 1893, brought an action to recover the land. Probate of A's will had been granted to the executors in September, 1893. What are the rights of the executors and C respectively to the land? Give reasons.

7. Smith and Co., of Brisbane, sold certain goods to Jones, a merchant in Melbourne. The goods were shipped on board the defendant's vessel, to be forwarded to Melbourne. Smith and Co. forwarded the bill of lading to Jones, together with a bill of exchange for acceptance. Jones declined to accept the bill of exchange, but sold the goods, and endorsed the bill of lading, to the plaintiff. Smith and Co. thereupon stopped the goods on arrival at Melbourne, and gave an indemnity to the defendants. The action was for non-delivery of the goods. Can the plaintiff succeed? Give reasons.

8. A tenant of a farm entered into possession under a lease for five years. Upon entry he asked the landlord's permission to take down a barn and cowshed then erected on the land, and the landlord said "Certainly, if you put up better ones in their place." The tenant accordingly removed the barn and cowshed, and erected another barn and cowshed nailed to blocks let into the ground. The new buildings were much more valuable than those they replaced. Three months before the expiration of the lease, the tenant asked the landlord to allow him compensation for the improved value of the farm buildings so erected. The landlord refused. The tenant, before the lease expired, removed the buildings he had erected, and sold them. The landlord brought an action to recover the value both of the old and the new buildings. What are his rights?

reasons.

Give

9. A debtor, who was one of two executors of a will, had abstracted moneys of his testator's estate, and had become liable therefor to the estate. Within three months hefore his estate was sequestrated, he sold some goods belonging to him to his co-executor, with the intention, known to his co-executor, of applying the proceeds in repaying to the estate the moneys for which he had become liable to the estate. The vendor, immediately after receiving the proceeds and with the knowledge of his co-executor, paid the proceeds into a bank to the credit of the executors. What are the rights, if any, of the assignee in insolvency in respect of the moneys so paid in? Give reasons.

10. By a stock mortgage, duly registered, the owner of sheep mortgaged them by way of security to B, and the mortgage contained a power of sale. Three months afterwards the mortgagor, with the consent in writing of the mortgagee, sold the wool of the then next ensuing clip, and a lien on wool in the statutory form was duly registered within twenty days after the sale agreement. Before shearing time arrived the mortgagee of the sheep under his power of sale sold the sheep and delivered possession of them to the purchaser. The purchaser of the sheep had no notice of the lien on wool given to the purchaser of the wool. In due time the sheep were shorn by the purchaser of them, and the wool was claimed by the purchaser of it. Which of the two purchasers is entitled to the wool? Give reasons.

11. In what manner does the Transfer of Land Act 1890 provide protection for purchasers of land under the Act? What are the limits and what the exceptions to that protection ?

12. Under a contract of sale of land under the Transfer of Land Act 1890, the purchaser was entitled to possession upon payment of one-half of the purchase money. The purchaser paid one-half of the purchase money and entered into possession. Subsequently the vendor, while still registered proprietor, borrowed money from X and signed an instrument of mortgage of the land in favour of X to secure repayment of the money and interest. At the time I advanced the money he knew that the land had been sold as mentioned, but not that the purchaser was in possession.

The instrument of mortgage was registered forthwith. The purchaser knew nothing of the vendor's intention to mortgage and never lodged any caveat. The vendor made default under the mortgage. Before the balance of the purchase money had become payable under the contract, I brought an action to recover possession of the land against the purchaser. What are the rights of X and the purchaser respectively to possession? Give reasons.

THE LAW OF OBLIGATIONS.

Mr. Cussen.

Write a short Essay on each of the following subjects :

(1) The more important distinctions between the English Law of Contracts and the Roman Law relating to Obligationes ex contractu.

(2) The desirability or otherwise of retaining either in whole or in part the present doctrine that Consideration is a universal requisite of contracts not under seal.

(3) Mistake or fundamental error as affecting the formation of contract.

(4) The various cases and meanings in or with which the terms "void" and "voidable" are used in connection with the Law of Contracts.

(5) The assignment of obligations upon the transfer of freehold interests in land.