What rights has the husband, during the coverture, and after his wife's death, over (1) her fee simple; (2) her entailed copyholds; (3) her chattels real? What is the office of "protector of the settlement," and how long has it existed? Mention the principal changes introduced into the law of dower by the "Dower Act"? In what manner is an estate in fee usually mortgaged? What is meant by "foreclosure," and what by "redemption "? 66 What is a "power," and what an appointment"? Explain the rule that the terms of a power must be strictly followed in executing it. Distinguish between the following modes of conveyance :--a lease and release; a bargain and sale; a feoffment. State whether they are all in use at the present moment, and if they have fallen into disuse, what is the reason? Define an 66 แ easement" and a covenant running with the land; " and state generally what are the principal provisions of the “Prescription Act.” What is the nature of the "action of ejectment"? Within how many years can it be brought after the right to bring it accrued to the plaintiff? REAL PROPERTY LAW. How many kinds of estates in fee simple are there? How do they differ as to quality, and what effect had the statute De Donis on their quantity? What is the principle of merger? Give a reason for the coexistence in the same person of an estate tail and the immediate reversion in fee. In whom is the legal or equitable estate vested in the following examples :a bargain and sale to A to the use of B; a demise by one seised in fee to A to the use of B; an assignment of a term of years to A to the use of B? A man has one son A, and two daughters, C and Ď. A purchases an estate in fee, and dies intestate and without issue. To whom does his estate descend, and why? Explain what is meant by a nudum pactum. What is the rule of law with reference to it, and why has the rule in question been established? Give a definition of an indictment; and state what test you would apply for determining whether a particular wrongful act is indictable or actionable? Under what circumstances may an act done give rise as well to an indictment as to an action? State concisely what is the peculiar office of the grand jury, of the common jury, and of the judge on a criminal trial. Can a written contract, not required to be in writing by the statute law, be varied by evidence, (1) of a contemporaneous, (2) of a subsequent verbal agreement? 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 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? 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 Scotland which forms an exception to the general rule of succession, and which ascends instead of descending? Can real estate in Scotland be disposed of by will or testament? 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 recovery on bill and notes. Give examples for 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 cr 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. For 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 seaport, in reference to the proposed discharge of seamen by the master of the 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? be given to salvors where salvage services have been rendered by one of 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 merchandise? 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? 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 in 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 negotiated, and what is transferred by its negotiation? 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 shipowner? 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 ? For candidates for the Situation of Third-class Clerk in the SOLICITOR'S OFFICE of the POST OFFICE. EQUITY. Explain and illustrate the maxim, "Where here 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 monies so to be produced in erecting a monument to himself in a particular church, and the other half 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? 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"? What kind of property in a "chattel" has its finder? and under what circumstances may the owner of a bank note be guilty of larceny in appro priating 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. CONVEYANCING. 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? What 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 coexistent 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 monies 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 the debt and the share of the residue? Mention the leading rules relative to the subject. A testator devises lands to A, and charges them with the payment of debts and certain annuities bequeathed by the will; A sells the land; can the purchase money be safely paid to him alone by the vendee, without the concurrence of the annuitants? State the reasoning on which the rule applicable to the case is founded. In what cases will a settlement made by a woman previously to marriage, without the knowledge of her intended husband, be set aside at his instance after the marriage has taken place? To candidates for the COLONIAL OFFICE. CONSTITUTIONAL LAW. 66 What are the "Three Estates of the Realm"? On what occasions have attempts been made to limit the number of the Peerage? What are the functions of the House of Lords in regard to Money Bills "? Enumerate the principal descriptions of enactment which are considered to be included under the term "Money Bill.” What is the nature of the writ of Habeas Corpus? By what statute is it regulated? Did that statute create it? Describe briefly the constitutional position and functions of the "Privy Council." In what relation does the Cabinet stand to it.? Has the Queen any greater authority over a Colony which has not yet receiv ed a charter or constitution than she has over her English dominions? Is there any portion of the English Common Law which does not without special provision extend to a newly-settled dependency of the British Crown? In what King's reign was Magna Charta made part of the English Statute Law? Mention any provisions of Magna Charta which you consider to have been peculiarly beneficial to the middle and lower classes. Describe concisely the purport of the following laws and ordinances :-The Constitutions of Clarendon; the Bill of Rights; the Act of Settlement; the Roman Catholic Emancipation Act. What special rule exists as to the evidence necessary to convict a person of High Treason? Can you mention any celebrated case in which a peculiar construction was put on this rule? For what alleged offences were the following persons tried :-Sacheverell, Lord George Gordon, Horne Tooke? What questions of Constitutional Law were involved in the original dispute between the American Colonies and the mother country? Are any of these still unsettled ? INTERNATIONAL LAW. To candidates for the situation of PAID ATTACHE. Distinguish between the legal position of an ambassador, a minister chargé d'affaires, and a consul. What is implied in the right of equality among sovereign states, and to what extent is this right practically modified? When a new country is discovered, does the right acquired through the discoverer accrue to the sovereign who employs him? Do you consider the |