THE LAW OF PROPERTY.

Mr. Guest.

1. When does the Statute of Uses struction of a devise of land?

of a devise upon which the

operate.

apply in the conGive an example Statute would

2. A testator, by his will, devised certain lands "to A and B and their heirs to hold the same upon trust for my children in equal shares," and proceeded-"but I direct that the share of each daughter shall be held by the said A and B upon trust to pay the income to each daughter for her life, and after her death to hold the same upon trust for such of her children as shall attain 25 years." The testator died in 1889, and probate of his will was granted to A and B, who were the executors named in the will. The testator left him surviving one son and two daughters. Of the daughters one was a spinster, the other married and the mother of three children aged 15, 12, and 9 years respectively. What estates in the land are conferred by the will? Give

reasons.

3. How does the limitation of an estate 66 to the use of A, B, and C, and the survivors and survivor, and the heirs of such survivor" differ in its effects from a limitation "to the use of A, B, and Cand their heirs as regards the rights of A, B, and C respectively to deal with his interest?"

4. By indenture, made 2nd January, 1865, A granted certain land "to B and C and their heirs to hold to the use of D for 30 years." D entered into possession and continued in possession until his death on the 14th November, 1879. Thereupon F took possession. On the 15th April, 1883, administration of D's estate was granted to K. F continued in possession without in any way acknowledging the title of any other person. On the 15th April, 1897, A commenced an action against K to recover possession. Can he succeed? Give reasons.

5. What is the effect (if any) on the contract of sale of the exercise by the seller of his right of stoppage in transitu?

6. By a contract, in writing, made the 15th November, 1895, A agreed to sell certain land to B, and a deposit was paid by B to A. On 20th December, 1895, an abstract of title was delivered, from which it appeared that in 1875 A had by deed conveyed the land to trustees on trust for sale and to invest the proceeds and pay the income to himself, A, for life, and after his death to divide the principal between three named persons. On 5th January, 1896, B objected that no title was shown in A. On 10th January A replied that the conveyance of 1875 was voluntary, and would be defeated by the conveyance on sale to B when executed. B, however, refused to accept title, and demanded the return of his deposit. Can he recover it? Give

reasons.

7. What are the rights (if any) of a mortgagor in possession to remove "tenant's fixtures" erected

by him (a) if the mortgage contains the ordinary attornment clause; and (b) if it does not?

8. What circumstances are sufficient to warrant a presumption of dedication of land as a highway? How, if at all, can such a presumption be rebutted?

9. A was the owner in fee simple of 50 acres of swamp land. In order to make it fit for agricultural purposes, A, in 1870, drained the land, and discharged the surplus water by means of a channel which he cut across the land of his neighbour B. The flow of water along the channel benefited the land of B, and from the year 1873 B used the water for irrigating his land, and thereby obtained much greater crops. In 1897, A altered his scheme of drainage so that the surplus water was no longer discharged through the land of B, but in another direction. Has B any, and, if any, what rights to a continuance of the flow of water? Give reasons.

10. In 1891, A was the registered proprietor in fee simple of certain land under the Transfer of Land Act 1890. By an agreement, in writing, made 15th July, 1891, A agreed with B to give B a lease, in writing, for 15 years, from the 15th July, 1891, at a yearly rent of £20 per annum. B entered into possession of the land, and by an agreement, in writing, made the 2nd January, 1892, agreed with C to give him a sub-lease, in writing, for 4 years from the 1st January, 1892, at a yearly real of £100, payable quarterly, and B delivered possession of the land to C. On the 20th March, 1893, A mortgaged the land to

D, and the mortgage was duly registered. In 1894 A made default under the mortgage, and D foreclosed, and on the 30th October, 1894, became the registered proprietor of the land. After the expiration of the sub-lease C continued in possession, and paid rent quarterly to B. On the 15th June, 1897, D gave notice to C to quit and deliver up possession on the 31st December, 1897. C refused, and in February, 1898, D commenced an action to recover possession. Can he succeed? Give reasons.

THE LAW OF OBLIGATIONS.

Mr. Cussen.

Write a short Essay on each of the following subjects:

(1) The statement that "the law does not require contracting parties to have a common intention, but only to seem to have one."

(2) The manner in which informal executory agreements became enforceable in English Law.

(3) The legal effect of an agreement by parties to a contract "to refer all matters about which disputes may arise to arbitration, and that no action shall be brought in respect thereof."

(4)

Contracts in restraint of trade.

(5) Contracts by married women.

(6) The distinction drawn by Sir William Anson between representations and terms.

(7) The discharge of Contracts by Impossibility.

(8) The application of the law relating to Principal and Surety to questions arising in connection with Bills of Exchange.

(9) The liability of an agent acting for a principal on contracts made with a third party.

(10) The liability for "money received" for the use of another.

EQUITY AND INSOLVENCY.

Mr. Neighbour.

Reasons must be given for the answers.

1. X, by an indenture, conveyed two freehold building plots to A, expressed therein to be subject to certain restrictive covenants contained in another deed executed by X and A and other purchasers of other building plots, part of the same estate. One of the covenants in the latter deed provided that on the several plots private dwelling houses only should be erected. Subsequently, by an indenture, A conveyed the same two plots to Y, expressed therein to be subject to the same covenants as were contained in the deed secondly above mentioned. Y having erected a dwelling house on the property, by indenture demised the same to B for