4. Is the commission of the Governor-General cancelled by the demise of the Crown? Are Governors' acts after demise of Crown, but before notice of such, valid?

5. State the provisions of the B. N. A. Act as to Canadian Disallowance of Provincial Laws.

Is the federal power of disallowance to be exercised by the Governor-General, independently of his minister? Give the opinion of Lord Granville in 1869 and an account of the correspondence between Lord Carnarvon and Hon. Edward Blake on this question in 1876.

6. What are the uses of a Second Chamber in a Federal Union. Illustrate by reference to the American, Canadian, and German Confederations.

7. Point out the more striking differences between the Canadian and American Constitutions, which differences it is important for the Canadian reader of American constitutional cases to bear in mind. Answer fully.

8. Argue at length for or against the constitutionality of the Liquor License Act, 1886, N. S. Give the substance of the three Privy Council decisions on the powers of Province and Dominion respectively in respect to legislation aflecting the sale of intoxicating liquors.

9. State the provisions of the Canadian Constitution as to the taxing power. Are the following taxes imposed by the Province constitutional?

(a) 10 cents on each exhibit filed with the Prothonotary-to go to Library of Barristers' Society, 1867.

(b) $100 on each Fire Insurance Company doing business in Halifax in addition to taxes on land and personal property ;-said tax paid at same time and in same way as other taxes.

(c) Tax on income of Dominion officials alone ; other incomes not being taxed.

(d) General income tax.

10. State as fully as time permits the law as to incorporating Companies as drawn from the text of the B. N. A. Act, the law reports, and the opinions of the Ministers of Justice.

11. Is a provincial act empowering the Attorney-General to appoint officers to conduct criminal prosecutions in Nova Scotia intra vires?

Examiner..

REAL PROPERTY.

MR. S. L. SHANNON, Q. C.

FIRST YEAR.

TIME: THREE HOURS.

1. What words are essential to an Estate in Fee Simple? Does this rule prevail in case of a Devise?

2. A conveyance of land is made to A. for life with remainder to his heirs in fee. What estate will A. take? Give the authority for your answer.

3. Does the possession of the land by the owner of real property give him necessarily the right to everything beneath the surface?

4. What are the incidents of an estate for life? When will à life tenant be liable for voluntary and when for permissive waste ?

5. Under what circumstances and in what way can a married woman be deprived of her dower in her husband's estate?

6. Give the distinction between joint tenancy and tenancy in common? Is joint tenancy entirely abolished in Nova Scotia?

7. Define a Conting ent Remainder. Give an example of such an estate.

8.

What is the chief distinction between an estate for life and an estate for years?

Is a tenant for years entitled for estovers? Give the reasons for your answer.

9. A lease is made by A. to B for a year certain. B. remains on the property after the year, and the landlord receives a quarter's rent from him at the end of the first quarter after the termination of the year. What are the existing relations of the parties under these circumstances, and what will be required to terminate those relations? 10. What covenants' run with the land? What is the leading case on this subject?

11. What is the usual mode by which the landlord is able to obtain rent in arrear from his tenant? When, where, and how must he exercise this right?

12. What goods of the tenant are absolutely privileged from distress, and what conditionally? What is the leading case on this subject?

13. What fixtures only can a tenant remove at the termination of his tenancy, and when must they be removed? Give the leading case on this subject.

14. A. and B. own lands on either side of a navigable stream above tide water. What are the rights of the riparian proprietors, and what the rights of the public to the stream, and to the land covered by the water?

15. What was decided in the case of Angus v. Dalton as to lateral support?

Examiner...

SHIPPING.

...H. McD. HENRY, Q. C.

THIRD YEAR.

TIME: TWO HOURS.

1. What is the legal meaning of the expression "British Ship?" What peculiar rights have British ships as such, at the present day?

2. By whom are registrars of shipping appointed in Canada? 3. What are the principal statutory provisions as to unseaworthy ships?

4. Describe shortly the use of the Certificate of Sale.

5. What is the relation of trusts and other equitable rights in shipping to the Registry laws

6. State some of the provisions by which the common law liability of ship owners as carriers have been cut down by statute.

7. How is liability for repairs and necessaries determined? What has ownership of the ship to do with the question?

8. What are "necessaries ?"

9. What provisions are there for the settlement of disputes between part owners as to the employment of the ship?

10. What is the maritime lien? Mention some of the matters which give rise to it, and point out the difference between it and the ordinary lien.

Examiner.

CONTRACTS.

PROFESSOR RUSSELL.

FIRST YEAR.

TIME: THREE HOURS.

1. State the limitations to the principle established by Hochster v. De Latour, (renunciation of contract by one of the parties before the time for performance arrives).

2. Where infancy is pleaded in an action for goods sold and plaintiff replies that the goods where necessaries, how does the fact that the infant was already adequately supplied with the kind of goods in question, although plaintiff was unaware of it, affect the liability of the defendant?

3. Comment on the provision of the Statute of Frauds that "no action shall be brought whereby to charge any person upon any special promise to answer for the debt, default, or miscarriage of another person unless," &c.

B. at a stipulated Before the expiraprice will not be A. on the last day on the same day at Can B.

4. A. offers by letter to sell certain goods to price and agrees to keep the offer open for a week. tion of the week B. inquires by letter if a lower accepted. A. declines to accept the lower price. of the week telegraphs B. revoking the offer. B. a later hour, but before receiving A.'s telegram, accepts it. hold A. to his offer? Would the result be the same if the whole correspondence had taken place by letter? Discuss the question.

5. What are contracts uberrimae fidei? In what respect do they differ from other contracts? What kinds of contract are embraced in the class?

6. (a) A. sells to B. a ship known to both and called the "Peerless." At the time of the sale both parties are ignorant of the fact that the ship has become a total wreck. Can A. hold B. to the bargain?

(b) In the case supposed B. has given A. his promissory note for the price which A. has endorsed before maturity to C. for value. Can C. sue B. on the note?

(c) Instead of a promissory note B. has given A. a written promise to pay the money which A. has assigned to C. for value. Can C. compel B. to pay it?

7. (a) A. in Halifax contracts to sell B. goods to be smuggled into the United States, knowing the purpose for which they are bought. Can he recover the price in our courts?

(b) A., a United States citizen in Boston, contracts to sell B., a fellow citizen, goods to be smuggled into Halifax, knowing the purpose for which they are bought. Can A. recover the price in the courts of this province ?

(c) In what cases will our courts refuse to enforce a contract made abroad with a view of evading our custom's duties?

8. Discuss on principle and on authority Prof. Langdell's opinion that "forbearing to prosecute a claim at law is a good consideration for a promise if the claim be well founded, but not otherwise."

9. How do you determine when a sum stipulated to be forfeited for breach of a contract, and stated in the contract to be liquidated damages, is merely a penalty.

10. Distinguish between a condition and a warranty in a contract for the sale of goods. What are the remedies for breach of condition and breach of warranty respectively? What do you mean by warranty ex post facto? What is the true definition of a warranty? In what senses is the term improperly used? Comment on the language of PARKE, B., in Ollive v. Booker: "It appears to me that it is a warranty and not a representation that the vessel had sailed three weeks. It is therefore a condition precedent."

1. Distinguish between a sale of a thing having a potential existence and an agreement to sell a thing to be afterwards acquired. What is the effect of such an agreement at law and in equity? A. assigns to B. absolutely all the goods in his shop and all goods to be brought on the premises and added to his stock in trade. Goods are brought to the premises and added to the stock in trade. C. purchases the goods without notice of the assignment. Can B. set up the assignment against C.? Would the answer be the same if the assignment were in trust to secure a debt and filed under the Bills of Sales Act.

2. State the rules as to the application of the Statute of Frauds to sales of fruetus naturales and fructus industriales respectively. Criticize Marshall v. Green (sale of growing timber). How do you determine whether a contract is for the sale of goods or for work and labor only. What is the latest leading case.

3. Distinguish between "acceptance" which will satisfy the Statute of Frauds and acceptance which will preclude the purchaser from objecting that the goods do not answer the order. Trace the fluctuations of opinion on the point and criticize Mr. Benjamin's treatment of the subject. Name the latest case.

4. "If a case should arise on a verbal contract where the buyer accepts the goods tendered conditionally and afterwards rightly rejects them as not according to contract I think it still consistent with the decisions as well as with principle to say that the Statute of Frauds would be well pleaded to an action brought by the sellers." Campbell. Discuss this view.

5. Distinguish between a sale of goods and an executory agreement to sell. What circumstances will prevent the passing of the property on a sale of specific goods. In the case of a specific lot of goods sold for a price per pound or per yard, where nothing remains to be done but to weigh or measure the goods is Lord BLACKBURN's rule philosophical. Has it ever been questioned?

6. What rule has been adopted as to the passing of property in a ship built under a contract providing for payment in instalments at specified stages in the progress of the work. Is the rule confined to

shipbuilding contracts?

7. What is meant by reservation of a jus disponendi? How is it effected? In whom is the risk of loss where this right is reserved ?

8. Where goods are to be delivered in instalments and the vendee after taking some of the instalments, declines to take the next following instalment, by what principle do you determine whether the vendor is discharged from any further obligation to deliver?

9. What is the rule as to implied warranty against latent defects in a sale of goods.

A carriage builder supplied a pole for plaintiff's carriage which broke when plaintiff was driving, In an action for damages the jury found that the poll was not reasonably fit for the carriage, but that the defendant was not guilty of any negligence. Plaintiff recovered dainages for breach of an implied warranty. Discuss this case.

10. Under what circumstances has a defendant been held to be estopped from contending that the property in goods sold from a larger bulk did not pass to the purchaser, because of their not having been separated from the bulk. Criticize Knights v. Whiffen.

11. On the sale of goods by a manufacturer who is not otherwise a dealer in them there is in the absence of any usage in the particular trade or as regards the particular goods to supply goods of other makers an implied contract that the goods shall be those of the manufacturer's own make. Johnson v. Raylton. Criticize this case.

12. "In cases where the vendor retains possession in the changed character of bailee for the buyer there is a clear distinction between such a delivery as would suffice under the Statute of Frauds, and a delivery sufficient to divest the vendor's lien." Explain this distinction. Give your own opinion as to its validity, with your reasons for it.

Examiner..

EQUITY.

. MR. SEDGEWICK, Q. C.

SECOND YEAR.

TIME: THREE HOURS.

1. (a) What common law jurisdiction had the Chancellor? (b) Discuss shortly the origin of his equitable jurisdiction, its machinery, and the principle, equity acts in personam. (c) What are the limits to his jurisdiction in respect to foreign lands? (d) Discuss the ground of his right to restrain proceedings at law. (e) Describe the conflict that determined this right.

2. (a) Define the following: (1) vivum vadium; (2) mortuum vadium; (3) Welsh morgtage; (4) A modern mortgage (Littleton's definition). (b) Treat historically of the equity of redemption. (c)

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