EXAMINATION PAPERS. 1845. BACHELOR OF LAWS. Pass Examination. Examiner, Mr. GRAVES. MONDAY, November 10. BLACKSTONE'S COMMENTARIES. Morning, 10 to 1. 1. STATE the principal privileges of parliament, distinguishing the peculiar privileges, if any, of the House of Lords and the House of Commons. Enumerate the personal privileges (a) of Peers, (b) of Members of the House of Commons. 2. Give an historical account of the law of administration of the goods of intestates. Enumerate the different kinds of administrators. What are the rules as to the persons to whom letters of administration are granted? By whom are such letters granted? 3. Is (a) the executor of A's executor, (b) the administrator of A's executor, (c) the executor of A's administrator, the personal representative of A? Explain the reason of the differences, if any, between these cases. 4. What parts of the sea are legally within the body of a county? In whom is the property of the soil between high and low water-mark vested? In the case of land F gained from the sea by alluvion or dereliction, explain the principles which determine to whom the gain belongs. Is there any presumption as to the property of the soil of a river? 5. What are the requisites to the validity of a gift of personal property? Can a gift once perfected be revoked? Can a promise to give be enforced, or an imperfect gift completed by legal compulsion? In what cases are voluntary conveyances construed to be fraudulent ? 6. What is a chose in action? Is it assignable, and if so, how? Explain the nature of the rights of a married woman in her choses in action, and state how far they may be disposed of by her husband. 7. What are the requisites to the validity of a contract ? What kinds of consideration are recognised in our law? Define (a) parol, (b) simple, (c) special contract. What is meant by implied contract? 8. Enumerate some of the principal provisions of the statute of frauds with respect to contracts. 9. Explain the several effects of insanity, drunkenness, infancy, coverture and duress with respect to the capacity to contract. 10. Upon a sale of goods for ready money, when is the property in the goods vested in the bargainee? Explain the distinction between the vesting of the property, and the vesting of the right of possession. 11. What is market overt? In what cases is the original owner entitled to restitution notwithstanding a sale in market overt? What formalities must be observed in order that a sale of horses in market overt may confer a valid title as against the original owner? 12. Upon a sale of goods, is there any implied warranty (a) of the vendor's title, (b) of the goodness of the wares? Explain the effect of the maxim, caveat emptor. 13. Define bailment. Give examples of different kinds of bailment. When is a bailee liable for even slight neglect, when for ordinary neglect, and when only for gross neglect? Explain the meaning of these different degrees of neglect. 14. How is a trading partnership constituted? How far are the acts of one partner binding on the others? Is there any legal distinction as to liability between ostensible and dormant partners? Afternoon, 3 to 6. 1. What are assets? Distinguish between legal and equitable assets. What are the powers of an executor or administrator if the assets are insufficient to pay the debts? In such case, has a creditor, who is appointed executor, a right to retain the whole of the debt due to himself, to the detriment of other creditors of equal degree? What is the effect of appointing a debtor executor? 2. If the assets are insufficient to pay the whole of the legacies, has an executor any power of preferring one legatee to another? In such case, has he a right to retain the whole of a legacy due to himself? What is meant by abatement of legacies, and in what order do legacies abate? What is meant by marshalling assets? In the time of Blackstone, who was entitled to a residue of personalty undisposed of by the testator? In such case, what is now the law? 3. What are the customs of the city of London and of the province of York as to the distribution of intestates' effects? Wherein do those customs differ from the general provisions of the statute of distributions? Mention the principal points in which those customs differ from each other. 4. Give an historical account of the original and subsequently acquired jurisdictions (a) of the Court of Common Pleas, (b) of the Court of Queen's Bench, (c) of the Court of Exchequer. 5. What is the jurisdiction, (a) civil, (b) criminal of the |