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(5). Fraudis interpretatio semper in jure civili non ex eventu duntaxat sed ex consilio quoque desideratur.
General Paper 1. Trace the progress of party during the reign of Charles the Second.
2. Give an account of the law of treason from the time of Edward the Sixth downwards.
3. Give an account of the influence of the crown in the balance of the constitution from the reign of Edward the First to the revolution of 1688.
4. An estate is conveyed to A. and his heirs, upon trust for B. and his heirs. A. is attainted of felony, and dies intestate, B. afterwards dies intestate, and without heirs. To whom shall the land belong?
5. A., by settlement made on his marriage, covenants with trustees to lay out £10,000 in the purchase of lands, and to settle them on himself for life, with remainder to his wife for life, with remainder to the sons of the marriage successively in tail, with remainder to his own heirs. The wife dies in the lifetime of the husband, without ever having had issue : then the husband dies intestate. Soon after the marriage he had laid out £4,000 in the purchase of lands, which were conveyed to himself and his heirs, and so stood limited at his decease. A.'s heir claims the land purchased, and £10,000 out of A.'s personal estate. To what is the heir entitled ?
6. A fund is settled upon trust for such of the tenant for life's children, and in such shares as he shall appoint, and, in default of appointment, for the children equally. He has two daughters, and appoints the whole fund to one, on an understanding, but not an absolute agreement, that she will settle a moiety on her sister for life, with remainder to her sister's children. The settlement is executed by the appointee accordingly, and without the
wledge of her sister. The father then dies. Is the settlement unimpeachable?
7. Specify various exceptions to the rule, that “there is no implied warranty of title in the contract of sale of a personal chattel.” In what recent cases has this rule been discussed ?
8. A customer, entering a shop, sees lying on the floor a roll of bank-notes, which he picks up and afterwards hands to the shopkeeper, with express instructions to find out, if possible, the owner of the notes, and restore them to him. The shopkeeper fails in discovering the owner; and when, after the lapse of some months, the notes are demanded of him by his customer, refuses to give them up to him. Which of these parties (the shopkeeper
and the customer) has the better right to the notes? Explain fully the grounds of your opinion.
9. What view does our common law take of the case where a bailee of goods, without breaking bulk, fraudulently converts them to his own use? And what change has been made in it by a recent statute ?
10. Trace and explain the changes in the common form of transfer of corporeal hereditaments from a period prior to the passing of the Statute of Frauds down to the present time.
11. Contrast the old and new law of wills on the following points :-1. The execution and revocation of wills. 2. The time from which a will speaks. 3. The expressions necessary to exercise a general power. 4. The construction of the words “die without issue.”
12. Explain the different rules by which trusts for sale and powers of sale, with reference to their devolution and transmission, are interpreted.
13. Is there any rule against perpetuities in Roman law? Give reasons for
your answer. 14. It is a maxim of Roman law that no man can give to another a better title to property than he enjoys himself. State how this rule can be reconciled with the principle of usucapion, and whether it obtains in English law.
15. In what way has the feudal element in modern jurisprudence affected the provisions of Roman law in respect of res nullius ?
The studentship and certificates were awarded as follows:
-A studentship of fifty guineas per annum, to continue for a period of three years, was awarded to James Anstie, Esq., of Lincoln's-inn.
Certificates of honour of the first class were awarded to: Joseph George Long Innes, Esq., of Lincoln’s-inn; Lewis William Cave, Esq., of the Inner Temple; and Thomas Edward West, Esq., of the Inner Temple.
Certificates of having satisfactorily passed a public examination were awarded to :-Lionel Uniacke Steele, Esq., of Gray’s-inn; George Lea, Esq., of the Inner Temple; William Neish, Esq., of Lincoln's-inn; William Bradford, Esq., of the Middle Temple; Michael Richard Barry, Esq., of Lincoln's-inn; Henry Stewart Cunningham, Esq., of the Inner Temple; Robert Greenoak, Esq., of the Middle Temple ; William Flood Yates, Esq., of the Inner Temple; James Lowe, Esq., of the Middle Temple ; Thomas Nottidge, Esq., of Lincoln’s-inn; Joshua Strange Williams, Esq., of Lincoln's-inn; and De Castro F. Lyne, Esq.,
; of the Middle Temple.
THE FIRST REPORT OF THE COMMITTEE OF THE FOUR INNS OF
COURT, APPOINTED TO RECONSIDER THE WHOLE SUBJECT OF LEGAL EDUCATION.
To the Benchers of the several Societies of Lincoln's Inn, the
Inner Temple, the Middle Temple, and Gray's Inn.
MY LORDS AND GENTLEMEN,- I am directed by the committee of the four Inns of Court, appointed to reconsider the whole subject of legal education, to report to you that the committee, having entered upon their duties and held numerous meetings, have passed the following resolutions :
1. That it is expedient there should be an examination of students previous to admission at the Inns of Court.
2. That it is expedient there should be a compulsory examination of students previous to being called to the bar.
3. That the attendance of students at lectures be no longer compulsory
4. That it is expedient that no person be appointed to examine candidates for admission to the bar who has been engaged in giving lectures or private instruction to any of such candidates within two years before such examination.
A sub-committee was appointed by the committee, to report on the proper mode of carrying into effect the resolution as to a preliminary examination of candidates for admission to the Inns of Court; and also, whether any and what exceptions should be made in such examination ; and further, to report on the proper mode of carrying into effect the resolution, that there shall be a compulsory examination previous to being called to the bar.” The sub-committee was constituted of the chairman and eight members of the committee, and made their report to the committee on the subjects referred to them on the 9th day of May. This report was taken into consideration by the committee, and, having been in some respects amended, was finally approved of and confirmed. The resolutions contained in such amended report are to the effect following:
On the Subject of the Preliminary Examination of Students
previous to admission at an Inn of Court:1. That every person who shall have passed a public examination at any of the Universities within the British dominions, be exempt from preliminary examination,
2. That the subjects of examination be as follows:
(a) The English and Latin languages.
(b) English history. 3. That the examination be conducted by a joint board, to be appointed by the four Inns of Court.
4. That, for constituting such board, each Ion do appoint six examiners.
5. That the examiners do attend according to a rota to be fixed by themselves, and that two be a quorum.
6. That meetings of the examiners of students applying for admission at either of the four Inns of Court be held at least once every week, between the 20th October and the 10th August
in each year.
7. That every student shall pay the sum of one guinea upon application for the form of admission.
On the Subject of Examination of Students previously to their
being called to the Bar:
8. That the examination shall include, at the option of the candidate, examination for honours as well as for certificates of sufficiency for call to the bar.
9. That the examination shall be the act of the four Inns jointly, and conducted by examiners appointed for that purpose by the four societies.
10. That the examiners be selected from the barristers, and that no bencher shall be an examiner,
11. That the examinations for pass certificates shall be held four times a-year, but examinations for honours twice only in each
12. That the subjects for the examinations of students desirous of being called to the bar shall be divided into two branches, consisting of the following subjects :First branch
1. Constitutional law and legal history.
1. Common law.
13. That no person shall be called to the bar unless he shall have received a certificate from the board of having passed a satisfactory examination, in at least one subject in each of the above branches.
14. That the candidates for honours shall pass a satisfactory examination in all the subjects of the above branches.
Generally 15. That there be a superintending board, consisting of two benchers from each Inn of Court, for regulating the examinations, and giving such directions respecting the same as may from time to time be required, and that any three of such benchers be a quorum.
16. That the superintending board have power to give such directions as may from time to time be necessary as to the conduct of the examinations.
I have the honour to be, your faithful and obedient servant,
RICHARD BETHELL, Chairman of the Committee.
COUNCIL CHAMBER, LINCOLN'S INN,
27th May, 1859.