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plans adopted in the cases referred to, and explain the principle upon which the devises were upheld.
11. Under what circumstances may a purchaser, even with notice of a prior objection to title, obtain a good title ?
12. Who are the necessary parties to a deed barring an estate tail created by an ordinary marriage settlement? What additional ceremony is necessary for the perfecting of the disentailing deed? B., being mortgagee in fee of A.'s estate, dies intestate : who are the necessary parties to a re-conveyance or transfer of the mortgaged property, and for what reasons
13. What are "springing uses" and "shifting uses” respectively? Give examples of each class, and show in what way they do not conform to the common law.
14. Define a contingent remainder, and give the three modes in which it might formerly have been destroyed. What is the effect of a late act upon the destructibility of contingent remainders ?
15 Explain the doctrine of tacking. What debts may be tacked by a first mortgagee having the legal estate, and against what persons ?
16. State the rule of Equity with respect to the marshalling of securities as between the mortgagees and incumbrancers of the same mortgagor.
17. Give instances in which the person entitled to the first charge upon an estate has lost the benefit of that charge by the effect of merger.
18. How are powers operating under the Statute of Uses divided? Which of those powers may, and which may not, be released or extinguished by the act of the donee?
19. In what cases do executors take an implied power to sell a testator's real estate? and if in those cases one of the executors named dies, can the survivors sell, and make a good title to the real estate ?
20. If the donor of a power wishes the discretion in the donees to be transmissible, what is the best form of such a power ?
Jurisprudence and the Civil Law. 1. What was the probable origin of the Prætor's edictal jurisdiction? Give a brief account of the principles on which it was ultimately exercised.
2. Assuming that the jus honorarium of the Romans corresponded with the equity of the English Court of Chancery, explain how it was that law and equity were administered by the Roman tribunals without a conflict of jurisdictions.
3. Illustrate the distinction between res mancipi and res nec
mancipi, by analogous distinctions in our own and any other jurisprudence. When Justinian put an end to this distinction, what other changes did the step taken by him inevitably entail ?
4. Define an obligation, and explain what is meant by saying that, in Roman law, an obligation includes the right as well as the duty.
5. What external solemnities does the modern civil law require in a valid testament? Can a codicil be executed with fewer or different solemnities?
6. To what extent does the Roman law forbid the disinherison of children by will ? How far are its provisions extended in the Code Napoleon ?
7. How far does the relation of fiduciary and fidei-commissary heir, and of fiduciary and fidei-commissary legatee, resemble that of trustee and cestui que trust under English law? When Justinian attached to legacies the qualities of fidei-commissa, in what did the importance of the change consist?
8. Under what circumstances does Roman law permit a bequest to be made of the following :-(1) Things belonging to the heir. (2) Things belonging neither to the testator nor to the heir. (3) Things not in existence. (4) Things once belonging to the testator, but alienated by him before death?
9. What was the Heir's Falcidian portion? What was the policy of the Falcidian statute and of those enactments, having the same object, which preceded it ?
10. What rules are followed as respects impossible conditions, when they are inserted—(1) in testaments; (2) in contracts ?
11. At what moment is a Roman contract of sale complete, and what obligations between vendor and vendee arise immediately on its completion ?
12. What are the rights and duties of co-sureties under Roman law, (1) by the jus civile, (2) as modified by Imperial Constitutions ?
13. Define a quasi contract, and state which of the essential ingredients of a true contract is wanting in it.
14. How do the English and Roman law differ as respects the rights of the bona fide possessor of another man's property ?
15. Explain the meaning and application of the following maxims and rules :
(1.) Proximus est cui nemo antecedit; supremus est quem nemo sequitur.
(2.) Nemo potest mutare consilium suum in alterius injuriam.
(3.) Non solet deterior conditio fieri eorum qui litem contestati sunt, sed plerumque melior.
(4.) Rapienda occasio est quæ præbet benignius responsum.
(5). Fraudis interpretatio semper in jure civili non ex eventu duntaxat sed ex consilio
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 knowledge 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,