Distinguish between executory and executed trusts, and between the rules of construction applicable to trusts of each species. In what manner is the creation of trusts affected by the Statute of Frauds? Is any exception made to the general provision? Is a plea of purchase for valuable consideration without notice, a good defence against a legal title? State the reasons on which your opinion is founded. The executor of a testator who has bequeathed pecuniary legacies and the residue of his personal estate commits a devastavit. By whom shall the loss be sustained? (4.) SCOTCH LAW. How is personal estate in Scotland administered to in the case of intestacy; and how is the property distributed? What is the law of descent or succession in regard to heritable or real property? What is the name of the particular kind of real estate in ment? Is there any particular word in the Scotch law of real property which is absolutely essential to the conveyance of real estate, and if so what is the word? The body of the municipal law of Scotland is composed of common law and statute law; what is the meaning of common law in Scotland, and what does it comprehend? How is a deed in Scotland, which consists of more than one page, executed and attested? What is the great principle of evidence in favour of Scotch deeds executed with all the requisite legal solemnities? What is the name of the deed or deeds by which land may be mortgaged in security of a loan of money? What is the meaning of settling property in "strict entail" in Scotland? State the different ways in which a legal although an irregular marriage may be constituted in Scotland. In the case of real estate, what is the widow's right over the property of her deceased husband? give the term by which it is distinguished. What is the nature and extent of the husband's right over the real estate of his deceased wife? How is the relation of landlord and tenant in Scotland usually constituted? Whether is the right of a tenant under an agricultural lease, of the nature of real or personal estate? Can a contract or obligation not completed be departed from? If so, give the technical expression by which the power to do this is known in Scotch law books. Describe fully the existing Scotch law of sale. Describe the Scotch summary procedure for recovering on bill and notes. Give examples of the various periods of prescription in the Scotch law, mentioning the periods of limitation, and the circumstances to which prescription may be applied. What do you understand by the long negative prescription? In what particular case must there be a grand jury in Scotland? Is there any appeal in or out of Scotland from the judgments of the Supreme Criminal Court? Mention some of the principal institutional writers and authorities on the Scotch law. MERCANTILE AND COMMERCIAL LAW. [Set to Candidates for the Consular Service, who are required to show "a sufficient knowledge of British Mercantile and Commercial Law to enable them to deal with questions arising between British Shipowners, Shipmasters, and Seamen."] What are the duties of a British consular officer at a foreign sea-port, in reference to the proposed discharge of seamen by the master of a vessel? By what acts may the right of a vendor of goods to "stop in transitu" be taken away? What limitations are there to the doctrine that the slave trade stands on the footing of piracy? By whom are the expenses of a ship incurred in a port of refuge to be primarily borne? What sort of misrepresentation to the underwriter will avoid a policy of maritime insurance? -Ought an agreement for seamen's wages to be written or verbal? If such an agreement be not made in accordance with the provisions of the governing statutes, is it absolutely void? What is a seaman's "allotment ticket," and what is its legal effect? Describe a bottomry bond, and state briefly in what particulars the rules of law regarding it differ from those which govern other securities for money. What are the functions of a consular officer in reference to the securities to be given to salvors where salvage services have been rendered by one of Her Majesty's ships? Under what circumstances may seamen quit a British ship against the will of the master, without being guilty of desertion? What effect has a blockade of the port of destination on contracts for the maritime carriage of merchandize? When a ship is sold or mortgaged at a port which is not her port of registry, what functions may a consular officer have to exercise in reference to the transaction? No. 2. Under what jurisdiction, civil and criminal, is a consul who has been accredited to a Christian power? Is he necessarily at liberty to engage in trade? Define "Barratry," and give particular instances of that offence. What are the chief acts of barratry punishable under British statutes? Under what circumstances may seamen quit a British ship, against the will of the master, without being guilty of desertion? Define a "stoppage in transitu," and state when it may be exercised. What is "general average?" If a vessel is detained in a foreign port, by the command of a sovereign power, on whom falls the expense of the wages and maintenance of the crew? What is a "maritime lien," and how does it differ from an ordinary lien? How is a bill of lading negociated, and what is transferred by its negociation? What sort of misrepresentation to the underwriter avoids a policy of maritime insurance. Under what circumstances can the master of a ship hypothecate it in foreign parts so as to bind the ship-owner? How far can a passenger be compelled to assist in working a vessel in distress? What is "demurrage," and who is the person liable to pay it? When the risk which was contemplated in effecting a maritime insurance has not actually been run, can the insured demand a return of the premium from the underwriter? Questions set to Candidates for the situation of Third-class Clerk in the Solicitor's Office of the Post Office. (1.) EQUITY. Explain and illustrate the maxim "Where there is equal equity the law must prevail.” For what purposes can a summons be employed in the Court of Chancery? State the general nature of the proceedings which can be founded on a summons. A trustee aliens the trust estate; will the estate be still subject to the trust under any and what circumstances? Consider more particularly the cases, (1) where the alienee has given no consideration for the estate, (2) where he has given a valuable consideration. A testator directs his executors to sell his leasehold property, and to lay out one half of the moneys so to be produced in erecting a monument to himself in a particular church, and the other in purchasing an organ for the same church. Are these valid bequests? In what cases will a bill for an account lie in equity? In an ordinary foreclosure suit, has the Court of Chancery authority to direct a sale instead of a foreclosure at the instance of the mortgagor, without the consent of the mortgagee? and if so, whence is such authority derived? (2.) COMMON LAW. Explain the proposition that "a mere voluntary courtesy will not uphold an assumpsit." What is meant by "special endorsing" a writ of summons? and when may it be proper to endorse the writ specially? In what does a "pawn" differ from a "lien"? and from a mortgage"? 64 What kind of property in a "chattel" has its finder? and under what circumstances may the finder of a bank note be guilty of larceny in appropriating it? What is the doctrine of the common law as to "contributory negligence"? State what things are (1) absolutely, (2) conditionally privileged from being distrained for rent. (3.) CONVEYANCING. What An estate is limited to A for life, remainder to B's sons in tail, remainder to C in fee. In how many ways could A and C, under the old law, have dealt with their respective estates, so as to destroy the contingent to B's sons? difference has the 8 & 9 Vict. c. 106. made in this respect? When property is not settled to a married woman's separate use, what is the extent of the marital right and disposition over her chattels personal, chattels real, and estates of inheritance? What is the object of inserting covenants for title in a purchase deed? An estate is conveyed to A, to uses to bar dower; A appoints to a purchaser in fee; will A's covenants for title run with the land? Give your reasons. An estate is conveyed to such uses as A shall appoint, and in default of appointment to A for life, remainder to the right heirs of A. A's marriage takes place previous to 1854; is A's wife entitled to her dower? If so, can A nevertheless make a good title to a purchaser free from dower? What is meant by a condition precedent, and what change has been effected by the Common Law Procedure Act in reference to the mode of averring its performance in pleading? Why is it that contradictory customs cannot be co-existent in the same place? Can you mention any customs which have been held to be unreasonable? What degree of care and vigilance is required from a gratuitous bailee, and from a bailee for hire? In what leading case is the law upon this subject specially considered? State the leading rules applicable to the construction of Acts of Parliament. What was the ancient rule of the common law as to contracts entered into by a lunatic? In what cases will they be set aside in equity. A father dies indebted to a son for moneys received to his use, the father having by his will bequeathed a share of his residuary personal estate to the child, greater than the amount of his debt. Is the child entitled to claim both |