'^'^, .0^, \% IMAGE EVALUATION TEST TARGET (MT-3) 1.0 If 1^ HiS 1.1 ■^ iM ill 2.2 ■u 13 >, llllli ^ h& 12.0 1.8 1.25 11 1.4 11.6 ' 6" ► <^ /: '/ HiotDgraphic Sciences Corporation ^^^'^\. ' (meening "CON- TINUED"), or the symbol W (meening "END"), whichever epplies. Meps, pistes, cherts, etc., mey be filmed st different reduction rstios. Those too Isrge to be entirely included in one expoTure ere filmed beginning in the upper left hend corner, la, to right end top to bottom, ss msny frsmes ss required. The following disgrems iiiustrste the method: L'exempisire film* fut reproduit grice k la gAn^rosit* de: Law Library York University Toronto Les imegee suivsntes ont it* reproduites avec le plus grand soin, compte tenu de la condition st de le nettet* de i'exempluire film«, et en conformity avec les conditions du contrat de filmage. Les exemplaires originsux dont la couverture en papier eet imprimte sont film«» en commen^ant par la premier plat et en terminant soit par la dernlAre pege qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le ces. Tous les autres exempleires originsux sont filmte en commenpant par la premiere pege qui comporte une empreinte d'impression ou d'illustration st sn tsrminant par la dernlAre pege qui comporte une ttorle empreinte. Un des symboles suivants apparattra sur la derniAre image de cheque microfiche, seion le cas: !e symbols — *> signifie "A SUIVRE", le symbols y signifie "FIN". Les cartee, planches, tableaux, etc., peuvent fttre filmAs it des taux de reduction diff«rents. Lorsque le document est trop grand pour Atre reproduit en un seul clichi, il est film« it partir de I'angle sup^rieur gauche, de gauche A droite, et de haut en bes, en prenant le nombre d'imeges nAcessairs. Les diagrammes suivants illustrent la miAthode. 12 3 1 2 3 4 5 6 ■'i*^'>-f^\ Q EXAMINATION UESTIONS cT .-..CisSs.:. ON one's Goranieiitoieg v-::;i-OM7^*-- -'/ ♦- r., '..J*^X'J ■■ I ...■.r^''''<'M\ REAL" PROPERTY. (LEITH AND SMITHS EDil.ON.) ■•-■•?. • -•'^5-,^ BY ' ,«. \ JOHN S^I^ART, Of Osgoode Hall, Barrister-at-Law, :tMU Lteturtr and Examiner on ».':• L. » of Real Property. ''^M -':-.^^?ii' ■ agtai, v..;5' /. «A**M.ri»^,^- »-fc ,tt;\'-.^.f » ';ji_ ;;^ Cam r . TORONTO: ^a A CARSWELL & CO., LAW BOOK PUBLISHERS, 1882. . ■■#■1 •'?»V<-l(^tJi,,, -^^-^^^^^Ml^, ^^ o 'S*'- ~*^>' s>^i fJ^A' '■V\^^ t2Z> '\ ^ V I I , (-7 O O '^' fs 6^3/e . .■ . ■ ■ •- ■-•■■■ .'.;.■ - . ."■.-•'■:. ^.i.v•• . ■•■■■■ ' ■-- A '•^i.s.i;,.., • *:■,♦ ■■■.-•(jg-' . - '.. -'"r ..■ .'.-■ ■* ' "-•■'■ ••>4-. 4 «^ PRINTED FOR THS PUBLISHKRS IIV MooRK & Co., 20 Adslaidk Strebt Sast, TORONTO. FEB 1 1917 , .-. .'4. "■'-. t:-f-_ ^v.;;uv.-. «.;„«[;:■ -*i H»-i"^' y .■■■ "'^'i V- '" *it*S&'^'^ « ' ■•■.-■■.-::i^-;^ V, 1^ ■■^^:^V-^-4^ rer ^ext ■sra*^ 5'" ■; ind the y»-'5r-. ■-- ;'^>«r, •xlfA •f; ■ EXAxMINATION QUESTIONS ON '*:' .*.-'■ '.--"y.'-W: ■;>,i..-jr^3 ■ di*'^, ■ ■ v>s;j,»«4i.-| Blackstone's Commentaries ''*( 7s*': ON REAL PROPERTY iLEITH AND SMITH.) 1. I)istingnisb between jura personarum and jum^ ; :f^ CHAPTER I. rerun. v:/' ;vii-. P 2. -WKat is the fbnndation of man's Womiuion over ^external things,, according to Blackstone ? p; 3. Trace-the process by which common, developed into ■ individual, ownership. , |,^ 4. Continue the description and trace the process ^^dovsm to the actual vesting of the property in indivit^uals. 5. SomVpfopirtyis thrown~away'and s'otue hid. Has the finder any proprietary interest ? ■J^^ ■■•>1 m t"«^ }; ,..rv,^ '^ '^''?;^^^-^|?»^^---*^^ ^;^t -•s- 4 EXAMINATION QUESTIONS 6. What do you understand by escheat ? r-' "■••;t -,■'"# • — « • ; >( ' 7. Did the right of inheritance or of devising by testament first receive the sanction of law ? 8. From what origin was the right of inheritance de- rived? ... , •^ .. . >. ...f.... I .•■.... .•..^., ■ '"..4..a(..»V. 9. Trace shortly and generally the origin and develop- ^^■.iv\ ment of the right of devisingHby testflfflfint. =•■ : 10. Is natural justice violated if the heir should refuse to comply with the wishes of his ancestor as expressed in an improperly executed will ? Explam. 11. Mention some classes of things which cannot be appropriated by individuals but remain in the common stock. ^ • „ .. ; ■Kin 12. To what extent may property be held in such things? A;;.- ■ ■:.!r\ .•j J'--. ..■ .... „i(5^ J- .-VV' ON blackstonr's commkntaries. 5 -?XI .• . z* M^T I >*;'' CHAPTER II. • ■ . >■■". v^fc« . 1, In yrhaX different ways ma^ colonies- be acquired? • *^S^P 2. "What system of laws are in force in a colony acquired *^^ byoccnpaoey? . 87 To what extent are such laws to be held to be in force ? . , "' ■•■*v-" • ■ . ■ -.'% 4. Sboold doubts aris^ as to whether or not a certain law is in force, by what means must such doubts be resolved? . , 5. What system of laws are in force in a country settled by British subjects, but theretofore uncivilized ? "f^^m \ ■»..»V.'.ji»^itV..%^../....vi,5' 6. "Will the fact of the British having had to conquer *vf^>^ the nnciviUzad tribes differ the case ? v : .^-4::U^ vft^Y. Will laws enacted by the British Parliament after the.. ,^,,, acquisition of a colony by occupancy be in force in such :-W..-i > • ■-■■■■" 'Jii/V'.'-v+i colony? '^' 8. Has the British Parliament power to enact laws binding upon such colony? 9. What statutory law is there upon this subject ? .V-=^.;:;s»J ■'^%- ■f*** f)^^ ;-.3j •••iS EXAMINATION QUESTIONS ^ ■ . 10. Distinguish between colonies acquired by occupancy and those acquii-ed by conquest ? 11. mat laws are in force in colonies acquired by conquest? '^ ^ 12. What power of enacting laws for a colony acquired :; by *onq?«8^remams:in:the Bri fish. Parliament -after the power to make its own laws has been, acceded ? ' 18. What laws are in force in colonies acquired bv cession? - U. In what way did the old Province of Canada become a colony of Great Britain ? . , 15. In what way did Acadia become a colony of Great Britain? r 16. How many senators and members of the House of Commons does Nova Scotia send to the Dominion Pailia- ment ? ^ 17. How many senators and men;bers of the Honse of-*'^ Commons does New Brunswick send to thnrdminion- rarliament?' ' ~ - - 18. Give the constitutional history of Prince Edward Island, so far as stated by Messrs. Leith and Smith. 19., To what representation in the Dominion Parliament 13 it entitled? - .""''-, ■-& /«.J ./: tf-. ON BLACKSTONE [MEMTARTES. 20. In what. year was Bucish Columbia . annexed to Canada '? 2L To what representation in the Dominion Parliament is it entitled *? laSL-B-^^'^e atepi Jeadifig :to;iiie'-iiiwJr{)Qratio^^ Canada of Ecpert's.Land andtlie Noi-th-West Territories. 23.' To wbsd representation in the Dominion Parliament is it entitled 7 . 24. What limitation was attached to the cession of Canada by tfae French? 25. What^was the effect of the first British proclamation relative to the laws in Canada ? . * - V- * "■ ■ «. ■. - v _■.-."" '■«vV,-^. .- ■ r ■ .' - _, *■_... ' ■ ' ■' '■ ■ _"■• 26.. What wad 4hft effect of the British Statute of 1774 revoking this proclamation ? * . 27.^ In what year was the Province of Quebec divided into the Provinces of Upper and Lower Canada ? 28. Mention some of the more important provisions of the Statute enacting the division. 29. What was the first Act of the first Parliament of Upper Canada ? V '•ir^*'- 1 ■ ■ .;.^'tUf>-.: r^m:^ -:.A!v; t[tf-> < m s KXAMINATION QUESTIONS 80. What was the second Act of the same Parliament ? • 81. On what date were the English laws introduced into the Province of Upper Canada ? 32. Were the Mortmain Acts introduced into the Pro- vince of Upper Canada ? Can the question now be looked upon as settled ? ... :*T,' '■ '■^ r-'.* ^; ■ I.* -•■• • •♦, :,. .^•^. . ; .. . ...%_ -— ,..-^,v. .j^jgD 83. Mention broadly the point. upon which the con- troversy as to their introduction had to be determined. 34. In what way did the maxim mentio unitis, exebisio est alterius form an argument in the dispute ? 35. If a Statute was introduced by the general introduc- tion of English law, would its subsequent repeal in England have any effect upon its force in this Province ? 36. By force of what legislation does the right to the ■writ of ^. /a. against lands exist in this Province ? 87. At what period was the Court of Chancery esta-"**^^ -^^4 bUshed? " " ...->.. J 38. What jurisdiction was assigned to the Court of Chancery ? 39. What jurisdiction was given to the Court of Chancery in matters of partition ? . " . ^*^m. le ca 3i Dc 4 athe ON blackstone's commentabies. •9 40. Did the Court acquire jurisdiction in regard to leases and sales of settled estates ? ' 41. What jurisdiction has the Court of Chancery in matters of revenue ? ■ ■ -^ 42. At what date were the Provinces of Upper and Xower Canada reHnited ? . -r.: ■- 43. Whst is the date of confederation ? '^v ;v !""- *%■■-■'' "'\ ' ,"'' ~ " •' ■ !■■■£ ;. ^•. ' 44. What is the effect of more recent legislation of the British Parliament relative to the North-West Territories ? 45. Dfltaxi th3 constitution of (he Government of the Dominion. v^,. 46. What various courses may be pursued by the Gov- ' |.^rnor-General upon presentation to him of a Bill for the I Queen's assent? •- •". - . , 47. Shonid the Governor-General reserve his assent to |rhe Bill, may it at any futm-e time be given. '48. Should the Governov-Gfeneral reserve the Bill for ihe Queen's assent, within \vhat pei-iod must that assent be |given? 49. What would be the effect should the assent not be ^ven within two years ? ... ..^?^: • ? •"•'iwi..5.t.-f;*' , '-■ '.V i'-^A ■.•;■.* "^''■fii .•■■.•i.-.'N'-f-Bi? ms^ • '^l^^^if-r .■.;-'^-i-i'''i:- "" 't^i^^'-tii^'C-- ' ■ ^-'^^- '<•»<» ':?'* '■."■■.'^Z r. 10 EXAMINATION QUESTIONS ' 50. Detail the constitutjon ot the Province of Oatario. 51. What are the provisions as to the reservation of Bills and disallowance of Acts of the Legislative Assembly of the Province ? 52. Speaking generally, what is the extent of the jur diction of the Dominion Parliament ? is- 63. Mention some of the more important matters which are exclusively within the jurisdiction of the Parliament of Canada. *- -•- — - — - 64. "Wliat jurisdiction has the Dominion Parliament and the Legislative Assembly of Ontario respectively relative to taxation ? ' • . 55. To which Legislature was jurisdiction assigned in' the following matters : — *■ (1) Savings Banks. '■ s^ ■ • , ■ . ■ (?) Weights and Measures. (3) Public and Reformatory Prisons. i. , (4) Saloon and Shop-Licenses. M (5» Railways. • (H) Interest. (7) Marriage and Divorce. ** (8) Penitentiaries. 1 ' ■' ■ . '~ti' .-r«i«« ■»^J :'!/■'.■■ ^ '/< w ./ riisia^iiii iivs ;yi^^ '■f^m^ 4ie-i>i.l.;*c)*iMiiii^. .fCtfl^ ''T^^^^^:""^^ ^^^S^^^^i^iS,^^^^ ^Jl OM BLACK8T0NB*8 COMMENTAE^lia. (9) Criminal Procedure. (10) Incorporation of (.'ompaniea. (11) Property and Civil Rights. (12) Imposition of Fines, Penalties, etc. (13) EduemtJon."* ' " (14) Agrienltnre. ^^i* (15) Immigration. 56. Where ts the power of judicial appointment ? 11 ■■■■ rr-^i-' ■• •■■♦,■••>''£?.■ . -;.;*.'V . 57. Can a subject be deprived of his right to take his case before the Queen in Council? .'■.■'"' ■ ■ "^ '.."*■ . "' ■' .J^ ■'■:.' '^ ,^ I- ., -i v"--^. ,-■.■ "-*,■,. ^ - -..'■■■■ 58. State ^lortly the effect of th6 Imperial Statutes relative to eoloni&l taxation. ■ ■■ '■,''■* .•'''V?^*>- 1 . '''•.'■^'•'••.iiory^. I -:..>.«-*'3 W-l .i.ij;'^' 1^. . 59. Cite an instance of legislation, by the Imperial Par- .Uament, relative to the reception of evidence in a Colonial [ Court, subsequent to the grant, and erection, of a local Legislature. • - ■ . . 60. What is the effect of Imperial legislation relative to the rights of colonists in respect of works copyrighted in Great Britain ? ^ ^r. .^tM0m''M --'•./ '1 '-H' .( ■ V.' s , - •« ■ i:. 12 EXAMINATION QUESTIONS 61. Will bankruptcy in England vest in the assignee the legal estate in lands in Ontario ? 62. A trustee of lands situate in Ontario resides in England and is of unsound mind. From whom should a oonveyance be obtained ? . 68. Traoe the introduction of English Criminal Law into the Province of Upper Canada. - f t%i-ri.-»iit.-,i JB-}^ rifj. ^'.^--^t'.- ON BLACKSTONE S COMMENTARIES. la . CHAPTER III. 1. Bistingoish between real and personal property^ 2. Defme the ierm Zamf . ■> 3. Dehob the term tenement. ^^ 4. Mention Tarious classes of property to which the* term ZJ6«n<^■ M' :!;i-*;- m y,»'Ar»«,.v C:^ . -J- ijr :.i*iy,.:t':*ji»,.,^a ■.IT I, •■■■-■^-■/■'>H!^>,t ■ 14 EXAMINATIOX QUESTIONS CHAPTER IV. 1. Is a rent a corporeal or incorporeal hereditament ? 2. Mention some instances of incorporeal heredita- ments. 3. W hat is an advowson ? 4. By what different methods may a right of way be acqnired ? v^y •'-^i- 5. A. grants a right of way to B. A. dies. Does the right pass to any person ? * . • " 6. What lapse of time is sufficient to give a right of way by prescription ? .r-,V-- *,',««£,; ,7. Under what circumstances will a right of way by necessity arise ? 8. A way is out of repair. What are the privileges of him m whom the right of way is vested ? 9. Distinguish between a rent charge and an annuity? ■^mi^m:m 1:-:J^ '..i-^re- ! Illll fi'TCic . 'f^^ ■¥ ei Is a Ci ON blackstonb's commentaries. 15 10. An annuitant dies between two periods for payment. Were his representatives at common law, and are they now entitled to any portion of the amount accruing due ? 11. Define a rent. 12. Must a rent be payable in money in order that the landlord may distrain ? ' : 13. Can a rent be reserved out of (1) an advowson, (2) a common^ (3) an office ? 14:. M»t:tion the three varieties of rent which existed at common law. 15. Defile rent service. 16., Can dis>tress be made for rent service ? ■.'•A'..- ■-■::'?n'5- ■-';:-■■■ v',? ■-:^-:->-- ,.■-;■-•■ ■■••■- ■.■■':... ;-^^^ ■ 17J Afta T^its fall dut, but before payment, the land- ''^7^ lord sells and conveys his reversion. What is the position of the parties relative to the right of distress ? 18. In such case why could not the original landlord ';# distrain? ^^^\ ' ■ .; '-vWvi '"■■•- • ■' ' ■ J ' *\".:»,' 19. And why could not the assignee of the reversion distrain? . ■■■■■■,. ;'-. :i. - ■ . . WCT y v> : . ,,-y>-y--»- . ^-, ^■^Vk'l-'-^ '.■V^''i-,. ;;--^'ft^ii«S; 16 EXAMINATION QUESTIONS 20. Can rent overdue be assigned so as to pass to the assignee a right to bring an action in his own name ? 21. By virtue of what authority may overdue rent be so assigned ? 22. A lessor by deed assigned future rent, with power to distrain on the lessee for its collbction. Could the assignee distrain in Bis own name ? "What would appear to be an objection to his so doing?" ~ '- ' 23. A lessor dies intestate. To whom will belong rent overdue at the time of his death ? 24. In whom would the reversion become vested ? 25. Who could distrain for the overdue rent ? 26. Under what circumstances and within what period must such distress be made ? ■ '■: 27. What authority is there for such a proceeding ? 28. A.'leases to B., reserving a rent of $100 per annum. B. sub-lets to C, reserving a rent of $150 per annum. B. assigns his reversion to A. Describe the position of A. at common law. ' 29. Why in such case could not A. distrain upon C. for the greater rent ? . 17 ON BLACKBTONC'S COMMENTABIES. 80. Could A. sue for the greater rent ? 81. Could A. sue or distrain for the lesser rent ? 32. "What objection exists, apart from statute, to a land- lord distraining after the expiration of the term ? 83. What, precisely, is the remedy given by statute ? ■>.-.. . ::'■: A-.y. . - •;. 84. In -^hat rdgn was the statute passed ? 86. Define a rent-charge. '■■i-^S ;.r.jy:^ ^f 86. The owner of land makes an absolute grant of it to mother reserving an annual payment of $100. What is the effect, and operation, of such a conveyance ? ■^ 37. Give an example of a rent-charge granted under Ihe operation of the Statute of Uses. .-e- ■-,:<'».», , t,^.^ 88. A rent-charge is granted out of Whiteacre and Blackacre. The grantee purchases Whiteacre, and releases one aalf of the rent. Can he afterwards distrain upon Blackacre for the remaining portion of the rent ? 39. What would have been the objection to his so doing ? 2 " . ■■■■•■'■■ f^ -Vv, ,l'*-.' ■iJWivi^v iCw^' j,>i«5»)ii,- . ■^k^:,i>^ •■«-*»fl •■.-««^--4*%^!;^'^^^nf l» :' \. 18 EIAMIMiTION QUESTIONS 40. Has the common law been altered in this respect by statute? 41. Can you argue that this statute does uot apply so as to prevent a release of all the property on a purchase of part of the lands ? 42. Define a rent-seek. 43. In what way may it arise ? 44. May rent-seek now be distrained for? Give your authority. '■/. 45. What do you mean by apportionment of rent ? Un- der -what circumstances will it take place ? .46. Define a rack-rent. •Vi, 47. Mention some classes of franchises. i'rf^^-'^:!ic^ ■.>ii^iMi^fi*?r :^-v.-a«.i«%j^^ :. ^■^^'^ffi; 'r^l^isW^I 3ry "tuno into syst ques tern the '3 m"'^ mh ...-V. #4,1, Jt' \16»: ON blackstone's commentaries. 19 'y 'f. ^^l CHAPTER V. 1. What was "the origin of the constitution of feuds? 2. What were the reciprocal duties of lord and feuda- )ry? - ; 3. Mention the principal ret,3on for the rapid extension ^'among the nations of the feudal system. 4. At what period was the feudal system introduced ^is^into England ? 5. Describe the manner of the extension of the feudal ,;•> system in England. \ • ,: ^■■S;.'i".. isia ^ • 6. What is the feudal signification of the word con- 7. On what occasion is it probable that the feudal sys- tem was formally introduced into England ? i-.*s^^. "^^mm^. ■V -■■:??;&' J 8. What great work or compilation was completed in the same year? /? . '-^& ■ i ■'■■■■ ^^^l^'^ '• ' • ■ . N . , /•':Ml ■ /• ■rM ^i^'- •"f,- ■ ■ ASS"?: ^^^fefcK^^^r'^^^^^^'^iMJ^ V, i»i«lwfc ,. -•'■ ■ 20 EXAMINATION QUESTIONS 9. What may be said to be the most fundamental maxim, and necessaiy principle, of the early English tenures ? • . 10. In what reign was the first Charter granted ? 11. What grievances was this Charter intended to re- move ? 12. In what reign and at what place was the Great Charter granted ? — i^._ _ _ . _. . 13. Show that the liberties granted by the various Charters were not encroachments upon the King's preroga- tive—not an extension of the liberties of the people, but a recognition of them. 14. What were the operative words in a grant of a feud ? 15. What act was necessary to the completion of a grant? ^ . : 16. Describe the ceremony denominated homagi um. 17. What was the origin of the tenendum clause in deeds of conveyance? 18. What two services was the feudatory in a pure feud bound to render to his lord ? -.fia^iu^r.v .-i-- ■■'ltmiMJk)M•- e^J:,,i',^,.^,^^,x:r■r■ >»^ ''4-t',^i^^ m. at firs' '; 21.. var\ h 22. iprant 23. eldest :24. iscei -25. dthei assig] Mjfee. 27. 28. m '■•'-i-A& E'- •" ■-'■ • . ON BLAOKSTONE'S COIDIENTABIES ' ''^ 19. Describe the nature of these two services. "i ■ 20. Describe the process by which the vassal's tenure, at first precarious, became, by degrees, more permanent. * fe'*^ 21. What was the effect of a grant of a feud to a man ~ 4l^d his sons ? - ' ' 22. Show the difference between such a grant and a grant to a man and his heirs. 23. Did -feuds originally descend to all the sons, or to the - eldest, in exclusioo of the others ? 24. Trace iie introduction of primogeniture in the descent of feuds- ^ : ' -25. Had the feudatory originally any power of alienation ^her during his lifetime or by devise ? What reason was aisigned for this ? " ,. f c 26. Could the lord originally transfer his seignory? . 27. Distingoisb Iwtween proper and improper feuds. ^ ■ . . * . . ■* 28. Trace the origin of improper feuds. . •■- ,•* , .. '■■...-•.■■jtiv-^:^ ■'. - v*T>H^<4' '-'■■\V^ ,^i(,ji,^. J^ .-^--y^e:. ,:-*:■' ■^'^<:^- . -S.* •.*■.■!■>♦,- ?'?#!.. '■''■*'^m^vf^^f^':'^ ilii' .il^*^- •^'f^'-': rifr;;-^^f^^v" :*:':■■• EXAMINATION QUESTIONS CHAPTER VI. t . 1. Disiing^ahhet'ween lord paramoimtymeane lord, ten- ants pnravail, tenants in capite. 2. Mention the various classes of services which were rendered by feudatories. 3. Describe /re^, base, certain and uncertain services. 4. Mention the four kinds of lay tenure which subsisted ■ till the middle of the seventeenth century, and three of which remain in England to this day. % 5. De&ne frank-tenement. 6. Upon what two kinds of service were frank-tene- ments held ? -.■•*lrj| 7. Define villienage. 8. What were the two varieties of villienage ? **>«• ■-■■^.. y^'V^vlt^hi'v^a Haaii mm&. ^il7. ' ON blackstone's comuemtabies. 9. Define knight'Service. [lO. DeOne free socage. til. DeSne pitntmrvillienagium. , 12. Define rSUenagium primlegiatum. J3. What were the duties pertaming to the tenure by jiuSlught-service? ■ • ^1 4. What were the seven fruits, or incidents, of the ten- ^; nre by knight-service ? --■:>>, ^ 23 ...■••::V •■.r>i ■■'.'^VJ f:^v: . ^' M ;;,'r^. •■ -;^;/^^ M.15. Define a» -.'7B$x :8. Define the right of marriage, as an incident of knight- service. S9. Define fines. ■^mn^^^-i. Vl«^V.''-?¥^-?Wf«^^y*''i |^BS^i^K>^'' '^^^^^"^^^f^:' .•- -'^--W M --'■V;.-^" ■■•. ■■■■ (C W:.v;*rv" •,-;•■%■•.*.. .*•/ 24 EXAMINATION QUESTIONS 20. What do you understand by atornment ? 21. Define escheat. Give two instances arising 'from ^ different causes. 22. Describe the tenure by grand sergeanty, per mag- num servitiiim. . 23. What was the tenure by esatage .» 24. At what period does it first make its appearance English history? m 25. Mention the causes of its introduction, and develop- ment. 26. What statute is there which, with regard to prop- erty, may be said to have been a greater acquisition than' the Great Oiarter ? t'-F ' 27. What was the effect of that statute—the statute o£. Wards and Liveries ? 28. In whose reign was it passed ? ■SKJ ■'-j-r-ymiL'^il, ■mmmi^' ' -Vv^Hm^^A- ,-' • ■tiik^^f:''^!^^-'^;.^:*^'^^^!^^^!- 1. •2. 3. 4. 5. t. .^. ;■.■#- 'T^**^x"^**^ JM«f*^t-». OS BLiCK8T0NB'9 COMMENTARIES. XHAPTER VII. 1. What Provincial legislationia there as to the tenure land? ~ ,. , ^,:: 2. To what original may the socage tenures be traced ? |: 3. De&ne mtU tergeanty. 4. Define tenure in burgage. ' 5. Wliat do you understand by Borough English ? 6. What were the principal characteristics of gavel 'M. ' . f1^^\ ^^ : 7. Mention some points of similarity, and contrast, -^■between the socage tenures and tenures in chivalry. . 8. To which of the ancient tenures does copyhold owe its origin? Trace its development. 9. Describe the constitution of a manor. .*U.i.>-i^ ■ivsrrr- >-.s#«-fre"»r»w . 'i^^^>.^^f ^Mi0im0 ^^^ .v.-ri**,*'-*,-^. ■m ^,'A ■>";« ■V- fc-' •^3 26 EXA&IINATION QUESTIONS 10. Explain how it is that there can be no manors in . Canada. • •f-l 11. What is the date of the statute Quia Emptorea > 12. What is the effect of the statute Quia Emptorea ? 13. What vf&s folk-land ? *" -m 14. Distmguish between villiens reijnrdnnt and villiens in groHs. .-'«'.' i 15. What was the position or status of villiens as n their persons and property ? egards '■"SJ 16. What are the two main pripciples of the tenure by copy of the conri-voll? 17. TVhat is the only tenure of land existing in Ontario ? • ^ -.rl,- jJ vSii , » .^ * ^^'■'■■ -VflS^V **'*?»,<■ ■:'«ii^'fcitSt'1S)fe^t-t-«*i,*:i . Wha \. Men ied. |. Desc Into Give Dist] [held in Expr ibject Give |real, ai Wha 18 forei 10, Wha .•--VV.-,* ON BLACKSTONE S C0MMENTARIE8. 27 i ■'iiJC,* CHAPTER VIII. 1. What do you understand by an estate in lands ? t. Mention the usual classes into which estates are irifled. 8. Describe a freehold estate. /■''■ ' ■'- 4. Into what two classes are freehold estates divided ? • 8. Give the sub-divisions of one of these classes. 6. Distinguish between land held in dominico sno and ind l:ield in fee. ' • - -#, Express, in legal phraseology, the highest estate which ay Bubject can have in lands. ■*. " . 8. Give the variation of the expression, as applicable to )rp©real, and incorporeal hereditaments, respectively. 9* What estate would pass upon a grant to A. and his mffiH forever ? 10. What estate passes by a devise to A. ? ■.^» i !.<•■.: tT"'"!'. 'fv j^'S'M *3S!^" '■'t^^#sNi»«s.^t'' "»fs»-mk-Jr» |:^'''-':3? w ms^m •'>Ji5^- ■■■ v';.:.^•.■;.^. -Y^r 28 EXAMINATION QUESTIONS 11. What estate passes upon a release by one joint- tenant of all his estate and interest to A. ? 12. Is the word heirs necessary in, (1) a contract for the - / sale of land, (2) in a release by the grantee of a rent-charge in fee? 13. What is the proper Tvord of limitation in a grant to a corporation ? 14. Is any word of limitation necessary in the case of a grant to the Queen ? 15. Of what two kinds are limited fees ? 16. Define a base or qualified fee, as the term' originally understood. was 17. Give an example of a base or qualified fee. 18. What is now understood by the term 6fl«e-/ee; . 19. What was a conditional fee at the Common Law ? 20. Why was it called a conditional fee ? ^'; - V'--';*?%*;>»^^^ mi 121. I iiBolute 122. i lonld a 23. ] 24. ' I25. tl [26. 527. com: J 28. L and 29. 80. nil sp '■-^i**!' ^*'2a2 00i ON BLACKSTONB'8 COMMENTARIES. I2I. In what way might such conditional fees become ^solute? • 122. Should issue be born and die, and then the gi-antee louid also die, in whom would the property vest ? 123. In what reign was the Statute De Danis passed ? 24. "What was the effect of the Statute De Donia ? I25. To what new estate did this Statute give rise? Ex lin the transformation. What things may and what may not be entailed ? 26 i27. May, (1) a term of years, (2) an office, (3) a right common, (4) an annuity, be entailed ? 28. What estate will vest upon a grant of chattels to [. and the heirs of his body ? 29. What are the several species of estates-tail ? 80. Distinguish between estates-tail general, and estates- fcil special. j,:; ••■«*,!(«%'^if ;^^»»-«!f-*fe^#'.-'- ■■ w-^^rtW-siPl 1 80 EXAMINATION QUESTIONS LX' ■ 31. Give an example of each kind. 82. What words of limitation are necessary to the creation of an estate-tail ? 33. What estate will pass upon, (1) a grant to A. and his offspring, (2) a grant to A. and his children, (3) a grant to A. and his heirs male, (4) a devise to A. and his seed? 34. What is the right of a tenant in tail in respect of %vaste ? 3.5. May Equity in any case interfere with the commis- sion of waste by a tenant in tail ? 36. Is a widow dowable out of an entailed estate ? 37. I3 a widower entitled to an estate by the curtesy out of an entailed estate ? 38. What were the principles laid down in Taltarum't case? - ^j ''i- •■<. 39. Mention some Statutes which tended to strip estates- tail of then* privileges. 40. State shortly the effect of the Provincial Statute with reference to the barring of estates-tail. ■•»:«■ .v4-*i. ■.'-, ?^%^'^ m^- •IS" ■ ^ -' Vf 32 EXAMINATION QUESTIONS ' 10. What is the signification of the term emblements ? ' 1 1 1 . Under what circumstances may emblero.ent8 be taken in case of a tenancy for life ? ^ .'^-^M 1'/. Illustrate the majum actus Dei nemini facit injuriam. 1 '■Ala ' ^^^^^ 13. Give an example of a right to emblements where "^ the tenancy was determined by the act of the law. 14. A tenant during widowhood marries. Is she en- ''^ titled to emblements ? 15. Does the right to emblements include the right to take the fruit of trees, grass, and corn ? Give the reason for your answer. 16. In what way are under-tenants more favourably viewed th, original lessees, in respect to right to emble- ments •? Give an example. ;17. A tenant for life, after leasing to another, dies be- ^'^ tween two quarter days. Who is entitled to rent for the expired portion of the quarter ? 18. Give an example of a tenant for life of the legal kind. 19. W^hat do you understand by tenant in tail after possibility of issue extinct ? Give an example. "•!^'->!Pm*-'C.'fM^..,' ■■ .-' .;;^fe«;«*i4'«;V OH BL10K8T0HS*B C0MM£NTAAIE8. 20. Define tenancy by the curtesy. 8a 21. What waa the effect of the Con. Stat, relative to estates by cnrtesy ? 22. What was the effect of the Statute 86 Vic! cap. 16? 28. What are the four requisites to tenancy by the curtesy ? 24. Can a man have an estate by curtesy in a remainder ? 26. Can there be an estate by curtesy in an advows<,ti!*^«i}jrf{\v«l^ifc»i*'?(-t.'; >- .* • i^fil .-.i'..V- ,. V-V-v;' :■.■ , . . , • , ■?•'-■ '. ' •■■,-/ •:;'■ ,■ ■ ■ " T*K/-S! 86 EXAMINATION QUESTIONS 46. A man contracts to sell land. Afterwards, and prior to conveyance, lie marries and dies. Is his widow- entitled to dower out of the property agreed to be sold, or has she any rights in respect of either the property or the purchase money ? 47. A mortgage being long overdue, the estate of the mortgagee has become absolute at law, and so remains until his death. Is his widow entitled to dower ? 48. Is the widow of a joint tenant, or tenant in com- mon, entitled to dower ? 49. Oat of what lands is a widow entitled to dower, in case her husband had exchanged some lands for others ? 50. Under what circumstances is a widow entitled to dower out of equitable estates ? ■ 51. A wife, for the purpose of barring dower, joins in a mortgage made by her husband. After his death, the heirs redeem the property. Is the widow entitled to dower ? 52. A man contracts to purchase real estate, but, prior to conveyance, he dies. Is thb widow entitled to dower ? Explain her position. 53. May a widow in any case be dowable out of property which at law is deemed personal estate ? Give an example. -%^ I f !|- ■' i \ ^'\t.:^-H-Vt 'i»f-VT:^Jil?ft'Jjr?i*tei;=i^iifei.t-i^i^ ,^-«,,. '%■'!'»'■' " ''■"^''»'*^r:*;--»'*''y->t'.»-*<^^i*^««'?^^ 54. coiu'tes 55. of wast 56. 57. 68. ' relative 59. ' 60. } [ante-nui 61. ( tial settL 62. r md ante 63. ^ [lection ? mmmi' .■■'.-'*».•:.■■ ■■ ....J^,'^-i..." ■ ." \. \-^>Vjv- ■■'?■■, ■■;.^.'- rr-.'5v-:-'' ■••'«-:■-*,.• -.v.. ,;■/' -?^ :■■ ;. . ;'^>S-? ■ .-•^f:'.- --.■■•' ■■ - • • - ■.:--,;V,--'-i.rs^^^.i ON BLACKSTONE's C0MMENTAKIB8. - 54. May a husband be entitled to an estate by the courtesy iu respect of similar property? 55. What is the position of a tenant in dower in respect of waste ? . . • 56. What 13 a jointure ? Give its definition. 57. What was the origin of jointures ? * 68. What provision is contained in the Statute of Uses relative to jointures ? 59. What are the requisites of a jointure ? 60. What do you understand by a bar of dower by lante-nuptial settlement ? 61. Can an infant be barred of her dower by ante-nup- tial settlement ? r. ' - 62. Distinguish clearly between bar of dower by jointure md aute-nupfial settlement. 63. What do you understand by a bar of dower by i^Mitifev- ^• .w,:> • •" .'.-■ » •>■■ ' ■. ;".'V: '\ •:^ ■ .-. -' -• ... nftiiirt»'-*wr^ A, rti-^ ■W*»*%fe ■*.tf;'^>?-y? ■•"'-''?''?"'"■.. ■ ^ v*v5»7^5t' ■■■;: ■■:->n! .'■■-''J 88 EXAMINATION QUESTIONS ■ 64. By a will an annuity is given to the wife of the testator. Will this be sufficient to put her to electioa between her dower and the gift ? ::^' 65. Within what period after the death of her husband must a widow bring her action for dower ? m . 66. A husband dies entitled to a right of action in respect of certain land. Within what time must his widow brii\g her action for dower ? 67. What arrears of dower may be recovered in an action of dower ? i!:^:' : /I M ?*.|«i«v.,. WW*"*: -*i( , ■«.■ '1. «,.- - ,i>ijtVi».»»«.V^\ „ ""1«!:-'J-'i ;^^f^-^S^:^m^.,_ ,H^;^;. 40 EXAMINATION QUESTIONS -m 9. In what way may an estate of freehold be made to commence in /uS& 19. Wh( Lom year t •20. A li beriod he r be enforcec 21. Wl: ieclare a t Ihan an ea 22. A. Itor a term possessior lease. W 23. It Bhould ba iNo lease [Explain. 24. E 25. Ii jproceedii [(2) a teni 26. 1 ..f ON BIiACKSTONE'8 COMMEKTABIES. 41 19. What notice is sufficient to dotermina a tenancy lom year to year ? . - 20 A landlord gives a tenant notice that after a named [eriod he must leave or pay double rent. Can the notice - 1)6 enforced? 21. What circumstances will induce the Coxirts to ieclare a tenancy to be a tenancy from year to year, rather . Ihan an estate at will ? 22. A. verbaUy agrees to lease to B. certain property L a term of ten years. No lease is executed, but B. takes possession; and pays rent quarterly, as provided by the (ease. What estate has B ? - 23. It was a term in the last preceding question that A. should have the ri^t of re-entry on non-payment of rent. lease havmg been executed, will A. ^ have that right? ixplain. • >'v;-^ . • :.v'va; • '-■,-'^--- ■■ /..- 24. Define an estate at sufferance. 25. Is a notice to quit necessary prior to instituting proceedings in ejectm^ant against (1) a tenant at will, 1 (2) a tenant at sufferance ? 26. Is a tenant at sufferance entitfed to emblements ? " V' j^^-' V:^ .'■■fV; .*••''>.' ■'■<.''i.. ;■■., .■■ 42 '-'■^J•?^f; '■'•■■' EXAMINATION QUESTIONS 27. Under what circumstances may a plaintiff in eject- "^ ment recover /,,.««. profits ? State the procedure necessary. J 28. What liability is incurred by a tenant who holds the estate after notice to quit ? 29 What liability is incurred by a tenant who gives J notici ol his intention to quit and holds over ? \[ ( 30. Under what circumstances may a defendant in ^| ejectment be compelled to give security for costs ? It' *| 31. Under what cii-cumstances may the owner of land take summary proceedings to obtain possession ? -^^ 32. Describe the procedure. * 33. May a landlord, as a matter of right, re-enter upon 3 the premises demised, in case of default in -payment of 8 rent? . ^ m 34. What formalities must be observed upon proceeding to work a forfeiture of a term for non-payment of rent ? 80. What is the effect of the statutory provision obvi- ating the necessity of a demand ? M -'»i^vrf:0>g •imi-^f. 86. U for non-| provision 37. V forcibly i ON blackstone's comme;ntarie3. 36. Under what circumtitances may a lease be forfeited for non-payment of rent where there is in the lease no provision for forfeiture and re-entry ? 37. What is the law as to the right of the landlord forcibly to oust an overholding tenant ? w Rfr.' I ^y>%mmh 1.:;. t^s" I[*'itf*\ ^j^;^'."*' 'v:'^:. :-i5^ 44 EXAAIINATION QUESTIONS CHAPTER XL 1. How may an office be forfeited ? ■ ... "i'"' *i^,«'i'a 2. Give some instances of estates upon condition .^ implied in law. ;: ' 3. What do you understand by the phrase " convey an estate by wrong." 4. Give examples of an estate upon condition precedent l^^m and upon condition subsequent. -^ , ■ --^^ 5. "What 13 the nature of the estate which passes by :^ the grant of an annuity to a man and the heirs of his body ? .- 6. Distinguish between a condition in deed and a limu3 tation. -■■^J 7. What was the rule at common law as to the reser- 'v;^ vation of rights of re-entry, and 'he assignment of such '^^^4 rights ? 8. What was the provision made by the Statute of . || Henry VHI. relative to such rights of re-entry ? and 1^ what is the effect of the Eevised Statute ? ■ ;■ ' .,.4JK * I E ji f 5 ;i ■ 1. m IM >^^ 9. Whi the time < wards becoi I contrary to I granted ? 10. Will |tions are pn • 11. Disti cadium. 12. Wha lortgagee a |)f it after d€ 13. With jquity of red 14. What a mortgag 15. What ^ercise wher lent for defa [16. What the hahencl ON blackstone's commentabies. 9. What 18 the law (1) as to conditions impossible at I the time of their creation, (2) conditions which after- wards become impossible by the act of God, (3) conditions contrary to law, (4) conditions repugnant to the estate I granted ? 10. Will it make any difference whether such condi- Itions are precedent or subsequent ? 11. Distinguish between virum vadium and motuum. mdiuvi. 12. What are the respective rights of mortgagor and aortgagee as to (1) possession of the land, (2) ownership bf it after default in payment ? 13. Within what time must a mortgagor exercise his |quity of redemption ? 14. What are the various courses which may be taken a mortgagee upon default being made in payment ? :15. What equitable jurisdiction can a Court of Law brcise when a mortgagee has brought an action of eject- lent for default in payment ? 1 16. What are the usual parts of a mortgage subsequent the habendum ? .S&i»i;.,: --^'^^■mmm^fmmm:^' r*s m :#• 46 EXA.AriNATION QUESTIONS " 17. A tenant in tail mortgages the estate, and afteiwai U redeems. a estat in the land has he ? 1^. Give shortly the provisions of the Registry Act W rt.ative to discharges or mortgages. 19. What is the eflfeot of an executed but unregistered "-M discharge of mortgage ? 20. Give briefly the rule as to ' ' liability of a purchaser to see to the application of the purchase money. 21. Has a surviving mortgagee power to receive pay- ment and execnte a valid discharge of the mortgage ? 22. Can such a mortgagee accept other securities instead of payment in cash ? ■ \ ■ 23. After a mortgagee's death, '^ho can discharge the mortgage? . 24. Is there any, and if so, what, limitation to the right of a mortgagee to release any portion of his security upon receiving any portion of the mortgage money ? State the principle. 25. Can an executor release a mortgage made to his testator ? What is the principle involved, and how is such power limited ? -fSiinWiJUsi. ■ .^^^^liM***^.-,.^ ■-.„•- . mjtftiWtT. ^> r ,1 IMAGE EVALUATION TEST TARGET (MT-S) i.O I.I 1.25 1.4 6" iM 16 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 Vr ■q^ \\ i^ ^ \ '- ^m ri? ^9) r/j ^ liar ' •I C ii* « * 1 1 ilft'i ji Hi' 1 1 li iWM " 111 ' 1 " I I I I l il^ i liil'ti ii WliK i ltflf^i ttL!. ?^^ OS blackstone's commentaries. 47 26. What is the fuinlamental diatinction between a coutract for life insurance aad^a contract for insurance against fire ? 27. A 'mortgagee insures the mortgage pretnises and receives the insurance money. Can he retain it, or must he give credit for it on the mortgage? Give the effect of any statute of the provision. 28. "What is the effect of the statute relative to insurance effected by lessee or mortgagee in pursuance of, but not in conformity with, a covenant ? 29. A mortgagee receives ins-'rance monev before the mortgage is due. In what way must it be emplo^ ed ? What ar§ the respective rights of mortgagor and mortgagee ? 30. What is the general effect of the statute giving to mortgj^ees a power of si^le. ' 31. A mortgagee sella under a power of sale. The sale is, however, invalid. What is the position of the purchaser ? 32. Should the power of sale on a mortgage be given to a mortgagee and his real representatives ? 38. Is it' necessary that the power should expressly extend to the assignees of the mortgagee, in order that such assignees may exercise the power ? "■■•-.■i*^ ^m -~v 'I'm ' ' ■■■. -"jty'j ■ ■ ^^ . I '\''yi '.•■v.\-j;* ;'<;.i**: ■.-.f Xc; a«' m. -.»w.nr^aH.'<>!Mi;--iuaMC>->» #<*' »-f!l Ull lt|iV ^*i«»»S»H.M¥**., ,.-.,*y#:v ■■ 48 pi:.--- t?r .'■■■ ■■-.■. im. ■■■■ EXAMINATION QUESTIONS 34. Should the exercise of the power be made conditional on notice given to the mortgagor ? • vsS 35. What provisions should be made as to the mode of giving such notice ? 36. State generally the frame of a power of sale in a |^ - mortgage. 37. What are the duties of a mortgagee in connection with the exercise of a power of sale ? 38. Can a mortgagee himself purchase at a sale held in pursuance of power ? • 89. Can a mortgagee buy the estate at a sale for taxes? 40. Will the personal, or real, representatives of a mort- gagor be entitled to rec=>ive any surplus over the mortgagee's, claim which the land may real:?' ? 41. K a right of distress be given- to a mortgagee, can- he distrain the goods of third persons ? • - 42. -What do you understand by an atornment clause in a mortgage ? 43. For what reasons is it inadvisable that ^ mortgagee^ should take possession of a property. r. •I' i il. ii i i i fS .■iiS.Al'l*',*;'.-. : .. ti -■^j^^^fetefe" il « i ^ ■'S- » ■ " ♦ r • ■f c„ *- 4" m^ , ^ ! 1- ] « ft J!''- |! ON blackstome's commentaries. 49 44. For Tvhat expenditures will a mortgagee in posses- sion be allowed to charge the mortgagor ? Can he charge premium of insurance ? 45. Can a mortgagee recover interest more than six years over-due ? 46. Describe the mode in which interest is calculated when partial payment has been made from time to time. 47. Will a provision in a mortgage, that upon default of payment of the interest, a higher rate shall be paid, be binding ? In what way could this object be accomplished ? 48. Discuss th.e question as to the right to possession of . the land by the mortgagor and mortgagee, both before and after the time for payment has elapsed, giving the effect of the various provisions more usually found in mortgages. 49. Is it necessary for any purpose that the mortgagee should execute the mortgage ? • 50. A mortgagor, after executing the mortgage, demises the property for a term of years, and afterwards makes default in payment of the mortgage. State clearly the relative positions of the mortgagee and tenant. In such cases should the tenant pay rent to the mortgagor or mort- gagee? - ■ ■ • ■ •• •- 51. "What is the position of the mortgagee and the mortgagor under a demise made before the mortgage ? In sach case should the tenant pay rent to the mortgagee or mortgagor? - ::^ii .-■(CK.5E. ■-:- ':x-^i ■/^m'. '»s^ ■ v:v»- ♦I* I h H m Iff. • ■ few: ■>;■■• "tlW flM|BHyHMMfliHf|tfl I ilM r'W'' •; • At "v" ■ >*-."v.-. :-#a': &M-: ns ' *t f tv j^lD^^H ■ '>] ■ "5 1 '' ''^^Hol^l 1 i 60 EXAMINATION QUESTIONS 62. What reason is there for requiring the mortgagor to become a party to an assignment of the mortgage ? 63. After an assignment of mortgage has been executed or registered, the mortgagor pays money on account of the mortgage tcrthe original mortgagee, having no actual notice of the existence of the assignment, can the assignee compel the mortgagor to pay the amount over again ? 54. What covenant can be required from a mortgagee in a conveyance in pursuance of sale under power in his mortgage ? 55. Is it advisable to take a mortgage upon leaseholds by way of assignment or by underlease ? Explain. 66. If the mortgage in taken by way of underlease, what declaration of trust should be taken from the mortgagor ? 67. Is it advisable to insert in a mortgage the statutory short form of sale ? 68. Can the words in the short forms of mortgages be altered. If so, what is the effect ? 69. Does the Act relating to short forms of mortgages extend to leaseholds ? 60. Point out some defe'Cts in the form of mortgage ^ven in the Act relating to short forms of mortgages, and more particularly with reference to the power of sale and right of possession. -■m m m , ■; It f- I I ■ i r ■:Wf^ ■•f 1. of the: 2. Oive t 3. ticula: 4. a fatu 5. trhich 6. must ( the en 7. eldest What 8. ders. ■^^^ym^^C^-m^ : :#ft^:^' ''^^^^~ 'T^>i Hi - *•, m-. §■■■ l^' ft^^ mx' If 52 EXAMINATION QDE8TI0NS . 9. WiU a contingent reraainder be defeated by th& destruction of the particular estate ? 10. Give the h'mitations of a stnct settlnnent. . 11. What is an executory devise? Distinguish it from a remainder. 12. What is the effect of the rule against perpetuities ? 13. Were contingent interests assignable at common law? 14. What power ia given by the Statute of Anne to _ remainder by which they can ascertain as to the life, or death, as to a tenant for life ? 15. What do you understand by merger? Under what " circumstance will two estates merge ? 16. An estate-tail meets the reversion in fee. Doea merger take place ? Give a reason for your answer. 17. A bill is filed to set aside the sale of a reversionary ' interest, on the ground of inadequacy qf. price. On whom does the onus of proof lie ? ■■•«(.«^»,^,iNMJMij^s.i_... « ■*>i .>!« »* ON BLACKSTONE'S COMMENTAKIES. 63 . CHAPTER XIII. .V. ^; ^^^''''^'^^^'"^^^"di^^^^'de by two persons. Will they take as joint-tenants or tenants in common^ Dis- iingmsh between a joint-tenancy and a tenancy m common. 2. What are the requisites of a joint-tenancy ? 3 An estate in fee is conveyed to a husband and wife. Wiiat 13 the nature of their estate ? 4. Can one joint-tenant make a lease of the estate ? . ,6 Can one joint-tenant sue the other in respect of ^ profata of the estate ? - 6._ Under what circumstances can one joint-tenant bnng ejectment against the other? 7. In what different ways may a joint-tenancy be , severed ? mil a devise of one's share by will divesUhe otner of survivorship ? 8. One of three joint-tenants aliens his share. What estate is then held by the other two ? •-••.41??* \i-J. ;■ iij ! I Ljml^M^ B :j| *•**- f'*';'', r-fUJUr:*;* u*^^-^ ^«':Tf;."'^twr!: w> ■::■' S>:r>: f«V-'-' i--tun,/i,my "'"'^'tti^T^l^ •liwr ;■;?•••••' I 'M 64 EXAMINATION QUbdTIONS 9. What is an estate in co-parcener^ ? 10. In what respects does an estate in co-parcenery differ from a joint-tenancy ? 11. Under what circumstances must land given in frank- marriage be brought into hotch-pot ? 12. Can one tenant in common hold in fee simple and the other in fee tail ? 13. What power has one tenant in common to compel a partition or sale of the. lands ? 14. One tenant in common is in possession of the whole- of the land, and sells timber. Has the other tenant in com- mon a right to cl irge for occupation rent, or for the timber ? 15. Will the Statutes of Limitations run in favour of one- tenant in common, who is in possession of the land, as- against his co-tenant ? " ^ ■^\ii .*.*<■.■.>*.> .. ,K',»«il.»,v«*- «„.W. tM*,^' ■■.*(ti*».-.tJ'»4fev., .;, (hfjti^v:; I , ii 11 ■i ^:.^ pos of] ON BLACK3T0NK 8 C0MMENTAKIE8. 55 .CHAPTER XIV. . 1. Distinguish between (1) possession, (2) the right of possession, (3) the right of property. 2. Can a right of property now exist apart from a right of possession ? ■it'.-H r-^M ■■?m . (i.f ! I| i M UW' • '■H^ • Iflf > '«it ?n Hi 'f;^^ ■■•"J*' |»'-^.;-. IM ■*<■■; " '^'^^'i^ .%■ ■•'Si'' 'la' - •;.f*P- ^■•■r:»3^,^T«7i^''«r!*^'''1r>-'*«y''»!5» ;?:»^ s'€^ ||;^-'/;- i^ 1^-. I :0^ 56 EXAMINATION QUESTIONS CHAPTER XV. 1. What is the legal signification of the word nur- chase ? 2. The owner of land, which he acquired from his mother by gift, died intestate. What is the former, and what is the present law, as to the descent of the estate ? 3. How can a creditor of a deceased person obtain II execution against lands which he owned at the time of his death? : 4. What was the rule in Shelley's case? Give an example to which the rule would be applicable. 5. What is the meaning of the word conquest as applied '^ to William the Conqueror's invasion of England ?. ' " '% 6. What is the difference in effect between the acquisi- tion of an estate by descent, and by purchase ? 7. The maternal grandfather of A. devised to him certain land in fee. A. died intestate, seised of land, leavinc^ one brother, and one half-brother, on the paternal side. Who takes the estate ? .;■(?! I |. I-'! ! f! il ^;^P'..'' IP ill '^ 8. Ir 9. ^ principle 10. Ci n. \^ the word 12. A father, a 13. Is after its 1 14. V to taking 15. V subject o 16. G reference 17. I •f ON ulacksxone's commentabies. 57 8. In what different ways may an estate be acquired ? 9. What do you understand by escheat ? Upon what principle is it founded 2 10. Can a deformed child take land as heir to its father? 31. What are bastaxds? What is the Latin term for the word ? 12. A. bastard dies seised of land intestate, leaving a father, a mother and two brothers. Who takes the estate ? 13. Is a child in law a bastard if its parents are married after its birth ? 14. What was the position of aliens at common law as to taking by descent ? 15. W^hat are the necessary incidents of a natural-born subject of the Queen ? 16. Give the effect of any Provincial legislation with reference to aliens, and their rights respecting real estate. 17. Distinguish between forfeiture and escheat. .'■ '•. ;*'■ ■';■ .i W. ■■>.3 .~^SM -<.,.Si,' ;■*♦■«»?»** PJ #»K, f"1 fr? i::-. v:":^ h Si LV;-, 1 ;-'<.# !>. ■ »vl i*J 'i.^^- ff8 EXAMINATION QUESTIONS lr^. ■ • 18. What was, at common law, the doctrine of escheat i upon attainder ? 19. What was meant at common law by the blood of a person attainted being corrupted, so as to obstruct descent I of lands? What was the effect of such obstruction upon I the lands? 20. Give the effects of any legislation modifying the 1 common law as to the consequences to the attainder. 21. Give an example in which lands held in fee simple will not escheat, notwithstanding that the owner is no more, and has left no heirs. 22. In what case could there be a reversion expectant on a grant in fee simple. mr v:":^ -•:>ii ! 1^ 1^- .i«5:.# t' 111 I I .1 -..4*^*.'pi»..V>..i»,. ■^Ji'k^^^W»-!:^« ;^»*43lli.H¥J^yit4<*^,ii^.^. , . _ .'■^''r^'fJ^Js.:-"?*;' tf^'^f «■■«■ :;r ,3.. «t' '*• , -'•' f> '■■m' ON blacestone's commbntabies. CHAPTER XVI. 1. In counection \?ith what class of estates was there a right of occupancy ? 2. Distinguiab between a special occupant, and a gen- eral occupant. 3. Give the eiiect of Imperial legislation as to title by occupancy. . 4. Give the effect of Provincial legislation as to titles by occupancy. ^■^vV--^''f<«iWsi^te%b^^ r-4-... ^« ^<^^v'' 3?-J-:-' *;*V;: f'^ if y-4-. m ^■■' r 60 EXAiXINATION QUESTIONS CHAPTER XVII. - 1. Define forfeiture. 2. In what various ways may land be forfeited ? 3. For what crimes will lands be forfeited to the Crown ? 4. In what way may lands be forfeited by alienation ? 5. What do you understand by alienation mam ? m mort- land 6. ^ What is necessary to enable corporations to acqau-e laws relating to mortmain. tJ.\ /'''"'V-^'™"''^ ''^- "••"'='' "« '■eligio'-' Louses con- tov d to evade the provision relative to alienation and T^r-o^:.— r'^^^'^-^^^-^-^- of IEaTT^u 'I" """■' ""'"' "''" '" ^™''^ *''« Statnte ; i: I I II' I 1 I •l-l I B I] f viit i liot. ^ I If SI' "III |i> j)i 10. "^ 11. ^ relative i • 1' 12. T and the i of Morti 13. 1 given to 14. 1 f**:l . 15. 1 repose o: 16. ] tiona to 17. ^ relative 1 18. 1 has no li entitled i 19. ( ing the i ON BLACK8T0NE S COMMENTARIES. 10. What was the origin of common recoveries ? 61 11. "What was the effect of the Statute of Westminster relative to the mode of trial in cases of common recoveries? 12. W^hat distinction was drawn between the possession, and the use, of lands forthe purpose of evading the Statutes of Mortmain ? 13. What is the effect of the Statute relative to lands given to superstitions uses ? 14. What is the deffnition to a gift to superstitious uses ? 15. Is a bequest of money, to pay for masses for the . repose of the testator's soul, valid ? 16. Has the Crown power to grant licenses to corpora- tions to purchase lands ? 17. What is the effect of Statute 9 George the SeconJ relative to gifts to charitable uses ? 18. The owner of land conveys it to a corporation which has no license to hold lands. Is the grantor or th« Crown entitled to the lands ? 19. Give the effect of any Provincial legislation modify- ing the Statutes of Mortmain. ^**-i> •**.,. ,.ilMS i^lri -'•■■.v-jKi'- _/^Tv'4^j|H f I ii »». ki* r** *¥:•■ ■ -..■ '> ^^■ ■ t 'J '<,..■">•■""■•' ,.i{?'-- mi rs' u'iA' ■J- ft''.'- tv . ■ ■ . • , ^-^ ,.i?'-- E/. A. ?^,.' v. ." !#:' J; £j . -- r^;::r^.V li'/,. - '. -_v ■ - W'^' ' ■ fe-.'- f^:.v ; m- b.i; I*' li 62 EXAMINATION QUESTIONS 20. What was meant by an estate passing by wrong ? 21. Explain how it is, that alienations, by particular tenants, for an estate greater than the law entitles them to grant, will not now operate as a forfeiture ? 22. Would a conveyance in fee by a tenant in tail ' ■% formerly have worked forfeiture ? 23. What do you understand by disclaimer as a ground of forfeitm-e ? 24. Under what circumstances would a disclaimer work a forfeiture ? 25. Would a verbal disclaimer work a forfeiture ? 26. If a tenant defends an action of ejectment by his i landlord, would his conduct amount to disclaimer ? 27. What do you understand by lapse as a cause for forfeiture? "^^^1 28. Define waste. 29. What two kinds of waste are there ? i I I. 11 : ■It I 111 11 ^i^liiiPiJ r i|i so. A re] the tenai: 31. A \i estroyed b. lust he paj r ... .3-' '*• p. - tar' - th r. :!.•' : li 32. Is tl unishable 33. Is t] 84. Whi imber cut < 35. Wh remedy for 86. Wh if ■««il«--C.HWl'.. •^'*.1 ■ . ■ * ■■ - fc- / i, ■,;, **- ■ -.O" ?liV* ,»-• ;^ ,v^ !UK .-.- _^-JiM:ii|' ON blackstone's commentaries. 63 SO. A rented house is consumed by fire, what is the test the tenant's liability to rebuild ? 81. A lessee covenanted to repair. The house rvas estroyed by a storm. Is the tenant bound to rebuild ? lust he pay rent pending the reconstruction ? 32. Is the conversion of Lind from woodland to arable lunishable as waste ? '' . 33. Is the working of mines punishable as waste ? 84. What is the proper disposition of the proceeds of imber cut down by a life tenant ? 35. "What was the former, and what is the present remedy for waste ? 86. What do you understand by equitable waste ? I • :■■',* " -.-1 '■■■I ■- r;'v ;l 'i !■ ' V I ■*?#.^.,v>»..,.„-^ *ri -m^m ■i;/.-: it;-- ., Wip^- Li 1' .•,■•■.■.• ".♦;; W. ^• f' i^^'-^- Wp^- 64 EXAMINATION QUESTIONS CHAPTER XVIII. 1. What do you understand by attornment? 2. I« attornment now necessary upon a conveyance bv tne reversioner? Give fHp ^ff^.* r ^>«yance ny sion. . / °^ ^"^ statutory provi- pays *ren1 Tr'"" "'"'' ^'^ ^' ^'^""^^'^^ *^« *--* mm ot tne same rent ? 4. What was the position of owners of mere rights or 5. Can persons attainted of treason, purchase hold or convey lands ? .^ ' ^°^^' void'able^^'T'""?^ '''''' " ^^'^"*^ -^^' - -ly voidable? Distmguish-between the terms. 7. Does the law permit a man to plead his own drunk- enness, as a ground for avoiding a contract ? 8 A lunatic purchases real estate. Can he recover back nis money ? ^cLover ■fid m M i;- I - '■'s,!'rf» ;^^'*f^®*^i'«^^#%J#ji^=t''^^ w.. • 4 it 9. chase heirs ( 10. wife's 11. exclucli 12. in resj her ow: 13. settleni 14. he now wise thi 15. . wife haE 16. separate tion_, w] estate ? 17. ^ the wife, from ma her husb ON BLACK8T0NE'8 COMMENTARIES. 65 9. Au infant purchases real estate and pays the pur- chase money. He dies while yet under age. Are his heirs entitled to avoid the contract ? 10. What was the right of a husband, in respect of his wife's property, at common law ? ' 11. Does a conveyance to a wife, to her separate use, exclude the husband's right as tenabt by the courtesy ? 12. What was the right of a hoaband, at common law, in respect of the chattels real of the wife, held by her in her own right ? 13. What do you understand by a wife's equity to a settlement? 14. In what way must a conveyance of a wife's estate be now made, where the legal estate is vested in her, other- wise than to her separate use ? ' 15. How could such a conveyance be made, where the .wife has the beneficial ^uitable interest only ? 16. Where the legal estate is vested in trustees for the ' separate use of the wife, and without restraint on aliena- tion, what power of disposition has the wife over the • estate ? - 17. Would the fact of the legal estate being vested in tbe wife, by conveyance to her separate use, prevent her from making a valid conveyance, without the sanction of her husband ? .. .. ■ •,"*'i% _'!jl-l<,!-.;Jt!*,->f, I: t:: M •^"Wvoiiodi}. •^ I »► 1^ y .« L f :? tr if I .:'»*T ar»- " i! BttBhgi ^i/ 3y i^jS^-l^-i ; ' Ipf';-^-' *'- 1 . I ■■. >.w,* ■ |t.^..'-\.'".'j^-{; K " ' ■ *• li^' ■ ■ ' ■ ''?>" ■- ,.-;■-' .I,' ■'•>•■ f^l^^v - -mm-m-n*^^ •''*- ■••t '■',ti '^:v 3^ ■;. t V'. K>,i- l;-^^'"- R t!/,5j;t M '■.9 ■ 3«:' \\i r^ 66 EXAMINATION QUESTIONS 18. Musi a husband join in the convejance of an eslat. belongu.g ,0 his wife, which the revised statute declares to be her separate estate ? 19 What power has a married woman to devise her real estate ? ^' ' 20. Describe shortly the origin, and use of. conveyances. J-v' ■;n .fli ! I '■! '*''«^**~^^"'*%?'r*1«*-*^-*^-'- •^'*r»?#^'r2^»*4A%^^!^ » 1^ w Ti < r'r>-/>i'" ON BLACKSTONE's eOMMENTABIES. 67 >*«;< - -.^^ CHAPTER XIX. 1. Define a deed. * ■ 3. What is the meaning of the word indenture? 4. What do you understand by a deedpoll? 6. What are the various parts of a deed ? 6. What do you understand by a resulting use ? G an example. Jive 7. Give the wording of the habendum of a conveyance by which A. gives land to B. , ^ 8. Distinguish between a good, and a valuable, sideration. con-- 9. Is a deed written upon linen valid ? .v1*R 3ft- ■*■■•' -.•' I II. !' i -^; «»? m^ ♦i. *' i!^--. r's 7« fi-' h-*- ^«'; m\ ■'^^--^ilfHWi^ II ( - 68 examination' QUE8TIQN8 10. Give the efifect of the first four sections of the | • Statute of Frauds. 11. Is a parol agreement for a lease for two years valid ? 12. What is contained in the premises of a deed ? ^ - • 13. Is a deed, in which a man is called by his wrong name, valid ? 14. Can a person, not a party to a deed, take a benefife xmder it ? 15. Would a party to a deed, be bound by his covenant to one not a party to it ? ; 16. What do you understand by a vendor's lien ? •«'"-•■ ". ■ ■■■"si^ 17. What is the usual operative word in conveyances in ^i fee? . , • ^ 18. • Is the conveyance of all the lands of a grantor, in a particular county, without describing them, a valid con- veyance ? 19. What do you understand by the rule, that an excep- " tion out of a grant must not be repugnant to the grant? ; I.. 1:1 1 M' I '■\ I ' !■ ■ 'i; ■ Vi.t':s#^>^i*s*j '••>■• .^ (I*- -ft t •«»• :« >rf' ■ ••► *' a *■• we P - £■•■ ON BLACKSTONE's C0MMENTARIE8. . 69 "20. What is the ofifice of the habendum in a conveyance ? 21. In the premises of a conveyance, land is granted to A. or his heirs ; in the habendum, to A. for life. What ■estate will A. take ? 22. In the premises of a deed, land is granted to A.; iii ihe habendum, to h"im for 21 years. What estate will A, take ? 23. In the premises a grant is made to A., and in the habendum to A. for life. What estate will pass ? N 24. In the premises of a deed, land is granted to A. for life. In the habendum, to A. in. tee. Whajt estate will A. -take ? . 25. What was formerly the office of the tenendum ? Explain how its usefulness has ceased to exist. 36. Wliat is the reddendum ? . • . 27. Can rent be reserved to a stranger to the deed ? 28. Is it usual now, in conveying lands, to warrant the title ? ' 29. Is a deed, dated on Sunday, valid, if in reality executed on another day ? .:^m ■;i*/*FS: ^^v^2 '"■'V'fSi; ,;?ws ; : m ■'«**#^5*'*^#jfe«Si*«i^:' if:l I 4J:t *ft »t« ;:tt t5' 1 g K; v'T*''^ e *:?,;■_ Jf,.! ^W >.V * ; i' - ' 1 ■ ■" . ', _ f-i '■. *' • '*v'' ■/* * sJ- '/ .. 1^ ...'S O*-- ^^r- tfcC: ^fe^ .^^:^ pi.' ■■> .-. ITS'- Of: . i^m.' Hi: ^^ r^ite:' Mi i^mmmiMfi nwi.., rii|Biiii«iiii[ jj. •;>''Siirt>.- ' ' ■• ■' - ''. •■ ** . H''- ■•_■'. . , w. ^"C' 70 EXAMINATION QUESTIONS . 30. Is it necessary that a grantor should both sign, and seal, a deed ? Explain. 31. State shortly the history of the execution of deeds, as detailed' by Blackstone. 32. What is a sufficient seal to a deed ? 33. Is a deed executed by one, of two partners, in th& name c4 both, valid ? 34. Was a deed necessary, prior to the Statute of Frauds, for the conveyance of estates in land ? 35. Discuss the question as to the necessity for signing a deed ? 36. Fxom what time does a deed take effect ? 37. By whom can a deed be proved in a court of law ? 38. What do you understand by an escrow ? 39. Is a witness necessary to the execution of a deed ? '^;» IBS J 'M 40. its eiei 41. Will th -*^:t 42. the des «« Hi, 11- t »k •II 43. covenai] 44. pired.re a mutna notwiths 45. ] the tru3t 46. I relative ( 47. r effect as 48. G virtue of 49. T\ if'.' ON blackstone's commentaries. 71 40. What is the effect upon a deed of interlineation after its execution ? i »';*3 41. A grantor, after execution of a deed, defaces the seal. Will this act avoid the deed ? ^ . • ■ 42. What is the effect upon the estate in the land of the destruction of a convejance ? 43. What is the effect of the destruction of a deed upon covenants contained in it ? 44. Plaintiff demised to defendant, for a term -not ex- pired, reserving rent The deed was afterwards cancelled by a mutnal consent. In what form of action can the plaintiff, notwithstanding such cancellation, su6 for the rent ? 45. Property is conveyed to trustees who wish to decline the trust. What document should they execute ? 46. Distinguish between original, and primary, and '^ relative or secondary estates, and give lists of each. 47. Define a feoffment, and state what was formerly its effect as a conveyance. 48. Give an example of an estate passing by wrong by virtue of a feoffment. ... •19. What was livery of seisin ? i 1 \ i^liifii T ^* wi ''fc'^s^*^- ' ' ■ ' '^-"^ ®- m in - -v -. .c; f" >& •" [!■- »t» r- •V; !?-t^ »* „!■%.-, if* :?• ^> '■* -. ^'iV' ".',■ „ •«'.■- " iff*'; •■■).'' i!:^::•^i-■ ^0 -^ . . 72 EXAMINATION QUESTIONS 50. What was the origin of investitures ? 61. What ohjects were attained by the introduction of nyritten deeds ? 52. In -what cases was livery of seisin necessar" to '/^* complete a conveyance ? 53. Vihat is All interease termini? «♦!"'■ V'.. 54. Why could not an estate of freehold be made to commence in futuro ? 55. Distinguish between livery in deed, and livery in '*! law. '^^r: 56. What is implied by the use of the word r/itfi in a" •convevance? i; $■)■■•■ A^- I la ■' 57. What was meant by saying that corporeal heredita- ments lay in livery, while incorporeal hereditaments lay in grant ? W^hat statutory provision is there now upon this subject ? . 58. What is tne fall signification of the word (jrunt ■ 59. By what test should it be determined in what way an instrument, the operative word of which is grant, should be pleaded ? .■■■:-^n I i. : I ■'fs'ii'^'''-"': .««*Sy;««i(s-»^ 60, tiOQ ( 61. A. gr heirs, legal li M( 62. appai of th( 68. 64.. 65. regarc 66. the us 67. , 68. 69. tt'i- r:^v^' ON BLACKSTONU'S COMMENTARUCS. 78 60. la there any statutory declaration as to the significa- tion of the word ^rmnt ? ' 61. By a conveyance, for a pecuniary consideration, A. grants, bargains and sells certain land to B. and his heirs, to the use of C. and his heirs. In whom would the legal estate vest ? - ' . 62. In such ease,, would the intention of the parties, if apparent from the instrument, be the test of the position - of the legal estate ? 63. Define a lease. 64.. What are the proper operative words in a lease ? 65. What jurisdiction has lue Court of Chancery as regards leases, ^d sales, of settled estates ? 66. What power of leasing have trustees of lands for the use of religious societies ? 67. What leases must be in writing ? , 68. Must an agreement for a lease be in writing ? 69. What leases must be under seal ? -'■^^ ?iyvr « - • •■ -CeSf .^ ^'^m ■m. ,>'^>-' ft^j- S?f?- ^\/. iv--; :^? ^m^ ' ■ "3.^?; ' ::^^^'<>- T.HSi;?' ifK jC 74 EXAMINATION QUESTIONS 70. If a tenant enter under a j,arol lease for four years and paya rent, what notice must be given before the lessor can bring ejectment ? 71. Could the lessee, in possession, obtain specific per- formance of the agreement ? 72. What is implied from the use of the word demise 1 73 ^ov^^o^sihem^xime^ressio facet cessare taciturn, somehmes apply to the rule as to the signification of the •word demise ? ptV . 74. What is an exchange, and what are its requisites ? 75. n one party to an exchange be evicted, has he any right as against the other party ? 76. How could partition be effected at common law and how must it now be carried out ? 77. What is a release, and what are the operative words used m it ? :m 78. In what different ways may a release operate ? 79. What is the necessity for a lessee taking possession of land prior to taking a release from the reversioner? = >-"*-?-whini^> ■^•: ..^. ' vi***!*'.'' lit 80. 81. . estate ? 5; SI? 1 82. . yeaxs. ' 83. ( passing . 84, C extinguii •if- 85. G |. ^nlargin; 86. E words usi 87. D 88. Ii 89. TV Give an.e I'i* . . ~ •-. . ,■■.■1 _:" ■■■. '"•ii- " ■-'T'aT.'rvS ON blackstone's commentabies. 80. la actual possession in such case necessary ? 76 1 81. .Does a release to a tenant by suiferance pass any estate ? 82. A. leases land to B. for life, and B. sublets to C. for years. Can C. take a release from A. ? . 83. Give an- example of a lease operating by way of passing a right. • • . 84, Give an example of a lease operating by way of extinguishment? 85. Give an example of a release op.erating by way of enlarging an estate. • . 86. Define a confirmation, and give the usual operative words used in it. 87. Distinguish between a surrender and a release. 88. In what way must a surrender be executed ? 89. What do you understand by surrender in law? Give an. example. .j^j •■pi ?T?. vi.<:? 4-^ «*t -1 wm SJ'te';' •K*.^ .»«».?' ».-5*V-^,-.. \.^' V •V* fo i^- f«« «^ £4*' ■1.- P'^^ 76 EXAMINATION QUKSTIONS 91. What is the diflference between an assignment of a lease and a sublease, with respect to liabilities of the parties after conveyance of the lease ? ' 02. Is a lessor liable in respect of implied covenants , after assignment of his reversion ? ■'J^'-I!!^^'^"'^ ^^ '"^^°^ *^^* implied covenants ' run with the land ? 9^- Give the rules governing the liabilities of assignees m respect of express covenants, and give an example of each class of eases. ft 95. A. leases land to B., who covenants to pay rent, to repa^ and to plant trees. B. assigns his lease to C. Who IS liable to A. in: respect' of the covenants ? Give your reasons. "^ - : 96. A. leases to B., who covenants to pay rent, and to - repair, and to plant trees. B. sublets to C. Who is hable to A. in res^^ect of the covenants ? . - 97. mat was the effect of the rule, that every condition of re-entry was entire and indivisible? What statutory pro- vision IS there on the subject ? im 98. What is a deed of defeasance ? 99 For what purpose was the doctrine of uses first , introduced into England ? \ il U- I :l '• •^-^ '^*<«^:>^ J»*.«^t»^>4«»#K ^-?i5^; >■* -^mitif.mf- 5-f»H^«,.*.,i^.^..^|*i^|j 100. be grar E I 11 Ml' 101. referent or by cc 102. of Uses, 103. 104. ■)■' ''"^ 105. 106. and und<^ 107. ^ limited oi 108. A C. and hU is the lega 109. T extend ? ki' ' ■ ■: . ■ '■ ■ .■■■•.•• '■■■'■:: ■ ■■;■ ■■■•.■f;^«a ON blackstone's commentaries. 77 100. What kinds of property could, and what could not be granted to a use ? • ' 101. What position did lands held to uses occupy, with reference to descent, disposition by will, estates in dower or by courtesy, and liability to legal process ? ' ' ■'■'■- ' '\ ■■'..'.■■ 102. State shortly the principal provisions of the Statute of Uses. 103. What is a springing use ? Give an example. 104. What is a shifting use ? 'Give an example. • 105. What is a resulting use ? Give an example. 106. What do you understand by a revocation of uses and und«r what circmnstences may uses be revoked ? ' ' 107. What is the reason of the rule, that no use can be limited on a use ? . .. 108. A. conveys land to B. and his heirs, to the use of C. and his heirs, to the use of E. and his heirs. In whom 18 the legal estate ? 109. To what classes of estate does the Statute of Uses extend ? • '■:■ '.:^.f^ 3- ■-iS' .1 • -^ft^JN^v^v^v.-; ?-'#%4^^, , . ^. h-ii 2% 7* •~ ■* ' U~3 .tl-l f:4 ^; i.*. ••^ . '#■• r^^ i*i^- '■«*'C^v '^ ,im >^i a* ,•.-■■,■ . ■ ■ ■ ■ ^-^'l I'll*'*'*'-;' SP%: F4.* 1*: :<,'''• 1?^: 78 EXAMINATION QUESTIONS '0-* 110, Distinguish between the effect of limiting use, on . Statute of U.es, as to the position „f the legal estate I JiU'raLtr^-^"— -----Of s:^ o^iCtT. '"• "' "'"' ™ ""= '''^"""' '-v . lis. Explain the nature of the doubt as to whether a corpora^ could convey b, deed of bargain or sat 'S'^^L^ ^--0, bar. ii^nd^."" °^r^"^ "" ~-^- "^ wa. Of . time!f Ir' 7'"^ °' " """' "' '-possible at' the ''^ t.me Of ^making ,t, or be to do a thing contrary to law or 119. What is a recognizance ? c:m >' ■f ■■**«««», '^i rr- i mig' i nmu j ^ j »-ipw i > ii,...^„.. .^^:|i. -'^ -^'--.**-«^;'» •«*^^«*-^'-«^-o}»»:^w*i*.i.c,^,^.. 8. V*fji rsfm^, ^;*a: Vr- ON blaokstonk's commektawes. 70 HAPTER XX. 1. To what extent did the right to devise lands exist at Common Law ? * ■ • 2. Through what device did lands generally become subject to devise? What was the effect of the Statute of WiUs, and in whose reiga was it passed ? 3. Give the provisions of the varioris statutes relative to the exetftition of wills. . . '. 4. If a devisee, or a husband of the devisee, be a wit- ness to a will, is the will valid ? ■' ■ ' • ■ • ■ ■ . • 6. Will lands, which a testator acquires after the date of his mn, pass to a rewduary devisee ? Explain. - • . . , - " 6. What estete will pass by a devise to A.; no words of limitation being used ? 7. What is the necessity for, and" what Ihe use, of the attestation clause in a will ? .. 8. What power has a married woman to make a will ? 'mM. -"■ «• l&tJSiLt '.'■■'T-i. •*«5i*VftS '^f^*(«ii fA" ■'■"'• 80 K.-^- EXAMINATION QUESTIONS ^r 9. ™ marriage. 01- birth of issue, or change of cir- cumatauces. revoke a will ? - • ?*. .™ * '''^''"''''^ ^'^'^«« '^^ entitled to property included in a lapsed devise ? property ¥■■ •■ • "-J^"' i» ">« statutory construction of the words A« rcuhout m„e occurring in a will ? W. If land be devised to A., who ia the eon of the t^T- "" "" '""^ '"^ ""•■^''^ "•»■> "-ease of ;^;ii-|:;^i-. V testator ? fi^ •I )• ! . (: ! '•S^ftfe^ ■ ''^^f^iaSP '^ffptM l"V « Wi, _^ fi 4 c: m t( w on yei ]ar etii yet ■■ . .■3.'-'*:v,' ■;-' ■-■-- ■■'•5*."Ji ON BLACKSTONK'S COMMENTAKIEfl. CHAPTER XXI. 81 '■■^KJ 1. What is a diacontinuance ? •2. May the owner of land forcibly eject a trespasser ? tolled ? ^"^ '^^^ ^""^ understand by a right of entry being -'^:r^fi 4. What do yon understand by descent cast ? What was Its effect upon the rights of persons claiming a tiUe to. the lland? '■'•,.■ (' _ ' 5. ' In what eases formerly conld possession be obtained only by writ of right ? 'i V - • i u. ....-,,..;..,. 6.' Give an example in which Adverse possession, for six years, would not bai^ a fight of action, for recovefy of the land. •" ' • ' ' ■• . *^.. 7. What are the only real or mixed actions now in existence? • ■ ' *■ ' . ■ ■ : 8. Jn what casea.is.thecloctrineof adverse ppssession yet important ? ■ .' '^''^*¥**^''-^^^il^*^^ **'■* f •a. #.1 |i ^t\ :$?■ sr: Wr Alrti, ■■■■ :-'.i -. ?■«■ -; / .1- I/; -V ' ■ . ■ .■■,■•••,.. i.".» » "- ■ ' •■ - 82 EXAMINATION QUESTIONS 9. Within what time must an action be brought for recovery of land? 10. In what different senses is the word rent used the Provincial Statute of Limitations ? in 'm; ■■:■■ I 'V ■' ■ ■ ■ J #". ' It*: y.,' • • 11. What lapse of time will bai the right to recover rent due on the l^ase ? 12. Does the Statute of Limitations run as against the Crown ? 13. Within whi^i period must an action be brought to recover land or rent (1) in case of dispossession or discon- tinuance, (2) on abatement or death, (3) when the right accrued bj instrument inter vivos, (4) where the right of possession is a future right, (5) when the rent is less than four doUars, and is wrongfully paid to a third party, (6) in cases of tenancy of will, (7) in case of a vendee let into possession under a contract for sale ? 14. When will the Statutes of Limitation commence to run, 1) as between a mortgagee and a mortgagor in pos- session, (2) as between a trustee and his cestui que trust ? 15. TNTien will a right of entry accrue in case of for- feiture or breach of condition ? 16. Will a reversioner be barred, by the Statute of Limi- tations, in case a trespasser has obtained title by possession as against the tenant for life ? ■ ■*^! 'i~7'Zi' ?"*^"E'TtZ^^ i.'V?jli ^- .■;■. ■„• ..t "f.-^ ,....-,. J, ». *'*^.<. :?.*K'W'«ni.J*»" >%,^*"^f^. 5' >ii kri /VS i V ON buokstone's commentabies. 17. Wm the Statute „f Limitations run as against an ^.ecutor or administrator, prior to the grant of probate or letters of administration ? IB Will the Statute of Limitations run in favour of one tenant in commqp as against his co-tenant ? 19 What is a sufficient acknowledgment to preventthe operation of the Statute of Limitations ? • 20. Does the Statute of Limitations bar the remedy of the former owner, or altogether extinguish his right ? 21. Prom what period does the Statute of Limitations run m favour of a mortgagee in possession ? 22 A mortgagee in possession wrote to an owner of , eqmty of redemption a letter, in which he said that he saw no use in a proposed meeting, unless some person was ready with the money to pay him off. Is this sufficient acknow- ledgement? - - 7^ . 23. The owner of land leased it to a tenant, and after- wards mortgaged the land. Prom what time wUl the Statute of Limitations run ? 24. For what length of time may arrears of dower be recovered? 26 The owner of land died in 1870, leaving his heir ^ an infant, whereon a third person took possession. The heir d.ed in 18-4, being still under age. Within what time ' would he owner have to commence an action for recovery of the land ? "^ '^s^a ■:m n: I . i m i'-^m^^Sm$W K /' 3t •*# r •¥•♦'1 5t a f*^ li 'i5r:\s 7y- ir: EXAMINATION QUESTIONS 26. A. is tenant for life, with remainder to B in fee In 1860 A. conveyed to C. in fee, and C. took posaession! A. died m 1870. Within what time would B. have to com-* mence an action .for recovery of the land ? 27. A., j;he owner of land, dies in 1870, leaving B hia heir, who is an adult. B. dies in 1876, leaving hia heir C _ an infant, who attains his majority. 1885. D., a tres' passer, took possession in 1871. Within what time would C. have to commence an action for recovery of the land ? ~ 28 In what cases will the Court" of Chancery prevent the Statute of Limitations being set up to the prejudice of an infant ? 29 What will be the effect of the right of a tenant in tail being barred, by the statute, upon the estate of hia issue and the remainderman ? 30. A tenant in tail conveyedin fee simple, and waa - afterwards ejected by a process of law. Can the issue in tail bring an action for the recovery of the land ? " • 31. The owner of land conveys to A. for life ; remainder to B. in tail ; remainder to C. in fee. During the life of A. B. conveys the land to D., in fee, who takes possession and retains for 20 years, being 3 years after the death of ' B, Can C. maintain an action of ejectment ? . 32. Wbdt is the provision of the statute as to wild lands ? .33. What provision is made by the statute in cases of trusts ? !) t' '*1^''*' * *"" '^ ■v--4«wi.»W-i .1 *'^W I:|ij ■ ' ■ J- J M ■r*P3 j| "*-—*'--'?;?*■ „■.«,»*.■■ H( ' X«iWf/l ^^J- 3. the expr Stat t^Ht 35 scrii] 36 it 5r 5f! I IT' 87 migl] 38 scrip 39. existi 40. 41. 42. 43. iJi ON BLACKSTONE's C0MMENTARIE8. 85 34. Distinguish betweeu property devised, charged. with ^the payment of a legacy, and property devised, with an expr^ess trust that a legacy be paid out of it, as regards the Statute of Limitations. - 35. Will the lapse of any period, shorter than those pre- scribed by the statutey.disentitle a party to sue ? 36. What is meant by usage from time immemorial ? 37. What was necessary in order that an existing grant might be presumed ? - 38. What aDegations are necessary in a plea of pre- . scriptive right under a statute ? 39. In what case would it be advisable to plead a non- existing grant, instead of a prescriptive right ? ' Mm M >yisiit-^ 40. Define a dominant and a servient tenement. ' 41. Distinguish between custom and prescription. 42. What property can be claimed by prescription ? 43. What persons can claim by prescription ? •■■^^'^^■'i'ni'iim^.y^-. !M I fli »t -4 h .h t 5-. .» t ii r -V': •■•.■•:i#"*'V:' ■ ; . 86 :tf,->-v »*v EXAMmATIOM QUESTIONS 4^' What can be clAi'mo i k -^ What can he e,:!' ^ oL'Z''''"Z '"^ ''' '''"'- and his ancestors ? ° Prescribes in himself h«MK ^'''"°°"">'P««"liaritja8to l»eld by prescription. 46. Distinguish bet; the descent of estates «ween easement and profit a;,.,„^,,. 47 What is the provision of the statnt o' * prendre ? statutu as to profit d Of 1 s^I ;"' """'""'^ - '•"'-"P'.on in the ..„„;„, 52. What length of time win bar a r.v ♦ / respect of hght ? "^ * °^ »c«on in in f5 •(it 5; I f ^\ <♦ P« ac or dei in coi toi COD vey had esta leav siste volv m-m ':•' --il ' '^-m'-'^^ ^m^''- •**i g al^P^ r--^ KW')?^'■■^ •■''■*.''^'" ON BLACKSTONI'S COMJnSNTAIiraS. ^: CHAPTER XXII. 1. What is the signification of the expression, the person last seised, with reference to the law of descent ? 2. Give examples showing the diflFerence in effect, according as descent is traced, from the person last seised,' or the person last entitled. 3. Give the v&rions provisions of the statute as to descent, showing in what cases property will descend per stirpes, and in what per capita. What provision is there m the Statute of Desceut, as to the devolution of estates coming to the intestate, on the part of his father or mother ? 4. What is meant by the expression, an estate coming to the intestate, on the part of his mother ? 5. If the intestate so acquired an estate, and afterwards conveyed it to a stranger, and forthwith received a recon- veyance, would descent be traced from him, as though he had actually purchased the land ? 6. Show the diference between the devolution of real estate, and of personal estate, in case the intestate dies leaving a widow and no lenial descendants. 7. An intestate leaves a mother, and brothers, and sisters. On whom will his real, and personal estate, de. volve ? :-'^?^ ^ .:.'.U ■u-1. I -'^'^^^r' . ..:^,^^^;g \h'\: « • -f. ■'! 5 i ! V' N It. f,iCiii.-»L... .:?.' IW.A1;' 88 ■ EXAMINATION QUESTIONS S- An intestate, whose P^fn+a « di-. leaving u„„,es a^j J^ "'"'; 7« -/'""'^ i««-.-.. person.] estate, devolve ? "'" *■" "*'■ """l ■ons as to the po3,t.on of the half-blood? . "th^srat'/Dirrr"'*^'^^^^ es^t P^' ''^ ^'^'-'-'.Descent an, apph„ation to t^.t"- vanle™;' "' "" ^""™- »^ »■« =tat„te as to ad- 0fL„^L^,f'''"'''''-''™--'.-'leHheSt«t„te ■vo.in?;i:'::;:.f ™;:" -^ r ='"'-'« - •» «■» de. ' '-tee io .ho„ a 1 veid P^' "^° ""^ ''^»«" "^ ^ pi.!rsiir r :r :;~'" ~^ volve ? - ""^ "^'^^ *^e property da- of Distribution? '' °' ''""»'• »■"• «■« Statute "• ^'''"""■^"•^"--'"'"-estate-ta,, governed? -tthttrdSs:;?"--''-'-- • ,^. . 5 .,. ■y!>^*'*»n>A.^^k*,l'ii,^^^j^^ •'*S>r-" ••■*«.»f*ll^-..- ^-,;«*fe-* ■ .■■'■'.; sr h( fir Olfi »ti i con tret reco 9 Stati J* ^^:^-^ .i'.^^^*; ;.'=-?;rvisiy%*^&-H'^';, 111, .1"- ■ •■»■■■ ■ i '•'■ "■- ■ - ■»..•,,-•'>"..■■ .■■■ "■ r'-».''' -;•'.' ' ' •■-■'5s ON BLACKSTONE'^'COMIffENTARIES. 89 CHAPTER XXIII. ••i '!l'".. - 1. Explain tbe mode by which an estate tail might have been barred by warranty. £ne. 2. Detail the various steps to be taken in levying a ..-■•-^^11 .. v.A-'riiS.J '■'^ -m -- ;*«.-r; 3. What was the force and e£Fect of a fine ? 4. Who were the proper persons to levy a fine ? 5. DetaU the. proceedings necessary in snflFering a common recovery. - 6. What was the necessity in some cases of double or treble vouchees ? . 7. What was the force and effect of a common recovery ? 8. How were uses declared upon a recovery? ' 9 What tenants in tail are allowed by the Provincial btatutes to bar the entail ? ' > '<■* ■ jf -'i^^j ■••^^ Ill' II ,^tJ , B >i pS'^^t-*-- iV.^ K,V^r ^^''-•' i^^^-^. J*^* - 90 - EXAMISfATlOM QUESriONS 10. What Mtote, can b, barred by a tenant in tail? "• J"""*'™? can a tenant in tail bar the entaU? 12. A tenant in taU contracts to eell in fee Will ,i. Conrt aeoree specific performance of thie conl^L 7 13. What leases made bv a f^n„«t • ^ ., registration ? ^ *^°'"* ^° *^^^ '^^'^i'e 15. What is a base fee ? 16. If the owner of a base fee should remire the «on » fee. what would be the eifect .,„n the Z^, rever- property within one family. " ** iL™:' "" ^"" ""^-'-^ •>, a protector to settlement ? the 19. May there be a protector to the settlement no estate m the laud .- who has *'* r J-' *■♦■ 20. estati 21. prote 22. eery I 23. the se 24. withhc 25. diction tions ? 26. apurcb subseqi 27. to mone 28. such lea vincial I Explain t^tmm^W' ON blackstonk's commentaries. 91 20. If a protector to the settlement should convey his estate, who would then be protector to the settlement ? 21. What class of persons is excluded from being protector ? * 22. Under what circumstances will the Court of Chan- cery be the protector to the settlement ? 23. In what way must the consent of the protector to the settlement be evidenced ? •1^: ^^T. ^ ^^^' *« a settlement unreasonably withhold his consent ? 25. What is the provision of the statute as to the juris- dxctaon of the Court of Equity in aiding defective disposi- 26. A tenant in tail created a voidable estate in favour of apurchaseruponvaluableconsideration? What eifect would subsequent disposition of the land have upon this estate ? 27. Does the Act as to assurances of estates tail extend to money? 28 If a tenant in taU should make a lease for life; and' such lease should not comply with the. reason of the Pro- mcial Statute, might the lease, notwithstanding, be vali,' ? iiiXp.ain. ■'*'*■ -.%■/■ . c^ . ,. . . . -^i' m- ../ %f m '^\ I! *t:J j; L»* ! i 1- A-X= ■ ^"i '^^> Jr.* m 1^'^' ■ HjVft,i" 92 EX.1MINATI0N QUK8TION8 SPECIMEN EXAMINATION PAPERS. ■ I ; .■ it, I ; . EXAMINATION FOR CERTIFICATE MICHAELMAS TERM. 1876. OF FITNESS. LEITH'S BLACKSTONE-TAYLOR 0.> ON TITLES. 1- Trace the origin of an estate in fee tai tail. 4 Explain how it is that an estate tail d„e, n„t ^„„, ." tUe fee, when the tenarit acquires the reversion. instant " -^' ^"M'our reason. H ,ea. give an I I ! i;l J '•<^- ''.'' ni *'**^«^'*^f»« <^«,*,&*«fei^, .. i;| n-1 I! <^t' f ill ;*!«?;' ^CWl-"^ ON blackstonb's commentaries. 93 6. What power had a tenant in tail as to leasing prior to our Act as to assuran. s of eatatea tail ? What power as such a tenant now ? 7. What is the rule as to the necessity for giving notice to a mortgagor of an intention to seU under a power of sale in the mon ^e where nothing i. said as to notice in the power? 8. Where title is derived through a sale by sheriff rmderjl/a., what point lonld be attended to ? • • 9. Of what is a sheriff's deed on sale ur ^ -yi. fa. pHrnd /act* evidence ? •• ? . ,^.. * I - 10. In what cases has the Com of Chancery power to make a vesting order ? What is the effect of such an brder? ' ' ••- ' •• ' .... ♦^^z • • ••! •J" t. • -' r. ■•» i^" ».«• * rv*. ^\4 i- * ■ fir,, .,,- IMAGE EVALUATION TEST TARGET (MT-3) fe /> /., \' *^ j% i/.. 1.0 I.I 1.25 1^ 112.8 ■50 ''■''^'™ 2.5 u mm i us 120 ^ iiiilM. 6" V] e /a / ^:^ ^^# m /A Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 /a w £, > 14 l.*;<-?"Vi'' ■*■■ *H-^.-- ^L^.. khm ''^^::''-:^}S§^^ S^k:'i''^^^;::0 9*. EXAMINATION QUESTIONS " EXAMINATION FOR CERTIFICATE OF FITNESS. HILARY TERM. ,877. m i^;:!-' LEITH'S BLACKSTONE^TATLOE ON TITLES. power of ,Ii,^«b-„„ j^, ^^ ^ j,^^"'^.^. , te„„„, „j ,^^^ .othority ? ' "■"" """ «-™-«tanoes, and by ,h.i «• If, after a sale nnder a >S /a «],. „ v ejectment in order to obtain pfeeell ?.?'"" '""«• purchase must he give? ^'T "'"°°' """ P™<" of his ™K and to What ette: JII'uZ;^'"' "^" ^"^ «" ■^^ ?^f J ;; M I !; , ;«r 5 if ?: ^s- IM ON blackstone's cokmentaribs. 95 6. Describe the mode which formerly existed of levy- ing a fine. What was the object of the proceeding, and what was its force and effect ? 7. What is the effect of a conveyance by a tenant in tail for some limited purpose ? ^ 8. Under whatcircnmstances can an executor distrain for rent due to the testator in his lifetime ? 9. Is seven years* absence, without tidings, evidence of death, between vendor and purchaser, or in an action of eje<;tment? 10. In cases of pedigree, where under the circumstances there arises a jwesumption of death, ib ^uere any, and if so, what presumption as to marriage, or issue of the person ? ■■■'.■*,.•«.■, ';'r.;»t;f-v-< ■?>^' *£V "-■■•■.sr@-'l''.l ■■:•,•>»'», ■ .J li:. ■.:■■• :-,,it.-i..„^,;|i'^if' -•m^p^m^- vz^ ■'^Vt' i^ :•> t;^.> . »?. ^\ ,,_ ,™„^'4: 96 -• . 'H, •; ••>-?;*5i •-■', \ t"" Tl" "*""' ^'- ^''''°* ^"^'^^'^ maternaio A. • whodied actually seised thereof, unmarried and intestate' A. s mother predeceased him. How would the estate descend. (1) if a. left no brothers or sisters. (2) if he dt leave brothers and sisters ? » ^ ^ " ae did 8. What evidence, before passing a title, should be required. (1) as to executions, (2; .s to taxes ? 4. What must be shown in order to force a title by possession upon an unwilling purchaser ? v«l«r y^'u T''*°''' ^'' *^''' ^" *^^ ^'°^i««ial Statute -latmg to the limitation of actions and suits as to person ' under disability? State them accurately. . i p a tlj. tbi H . SI aci CO) tin li^ \::. mec the vali( credj ap t COOTE 8. is doc be for form, of opix clear t( bilitjr c adopt ? 9. I double { pord, aoi |are the ^ 10. T I'^e right |"ie transi «» »"«BTo™.s COM«K„«.,, 6. A woman at the f\ * -ineteon y,a„ „, ■ ^'^ "^ t"" husband-, death i, ««»■' to «co>er ao„,! :,'"t;'''» "«" »» bri.g ., «-««e, aad „„e ,e„ o./brdrr^'w'"'*"* ■'*■• *■"-— ,ttbe^dowb,i„,„J:;^;«*VW,«.<„,,., »«thi8liIbmHl°'Thl"°"*^ """"' »" ■•■'»»ffioient to 'h' «-»> he'.ns.of tt,T"sr T"''"''' ""«""'« "P the estate. No a.tiL Zr"^'"""""' to wind --e ,ouid ,0. .d^« ^, exeoirop:^- "^^ « do'obtft L"ot;"p.^°^/ '^ •^--eter tbe eatate, te fo' the benefit of tb^l,*: f "^ ""*' ""''"' "»" , «f opinion, that;the law »„„„!?* """"""^ y"""' J"" «e ;'-'owa^t,oot.dX;tnf:"' " ■"" '"^"^"^ ""hty Of the act. What cou«e C ""'""''"■""Ponei. : I'Jopt? Answer fulljr. "'""'' J"" »d'i«e him to p™"-h:i::4::;:~^^^^ '»'^. and nnder what cJe *t '"""'"' I'"" "' "« '»'<> |- the grounds of snehTbCr ""'"' '^'" ' ^""t I'Je righrXltrif •;:•' """ '■' "-• '^« '»- - to p transaotion set aside ' """"'^ ^'»«". to have 7 ■ 87 ■«5 ™!!«-*»f^ '- \i .t:^;^ ■■>.,.■, ■•' O' .,'' ^^^\ ■'■v..i>.. .. Ii '<'' ».| E |Sy :. \ii ll' ■■■;■■ :?'■.• BXAMINATION QUESTIONS .."-•. X' EXAMINATION FOR CERTIFICATE EASTER TERM : 1878. OF FITNESS. LEITH'S BLACKSTONE-REAL PROPERTY - STATUTES. 1. Grant from A. to B. for fifty years, remainder to heir, _,^ . of C. in fee. Is this a aood remain,^«r 9 n; ''" good remainder ? Give your reasons ? anction sales of real estate ? ■'■-'■■<'■•■ '. - . ■ tan It now arise ? Explain. \ Wh!; ^\t''*^'^'''°*^"^'^"^P'*'««"P«o^bepleaded?- 'i What must be proved under each plea ? aaea / .j^.:ve'-^^-v*v. 9h f '^ I\ ■ ■>•■ niicisiom's coMMirruuEs. gg e. Explain «.d Ulu.tr.t. the ma«m .. Fal^ rf,„^^„. rto non nocet. ■ th.t » deed ,hoald be signed ae well as sealed. 8- 1° *l>at different ways may dower be barred ? woetba covenants ran with the land > 0/ P™Z^*J™ ■'"""'^ '"'*"'» "^'""y '»' *» Statute slhSl^f"' ^"''"'tOe effect of it? What was .«b*t„ted for it , Is any analogous statute now in LZ ■m V. -;'.i*.t*- ••^U' ■\ ■ ".-■.■t^;-J »■■-•■%;(• . mc^'- 100 EXAMINATION QUESTIONS EXAMINATION FOR CERTIFICATE OF FITNESS. HILARY TERM, 1878. ,■"•>;■■.■ LEITH'S BLACKSTONE-TAYLOR On'tiTLES. 1. Is tbere any, and if so. what, provision, by which a landlord may compel a tenant, against whom he is bring- ing ejectment, to give security for. costs ? 2. A. dies intestate seised of real estate which was devised to him by his mother, leaving a father, uncles and grandfathers him surviving. To whom will the estate " descend (1) under the Statute of William, (2) under the Statute of Victoria. ,-; ' •'. " ■'^j^ij'fi^-''--^' -;:..■•■:■ -J. ; 8. Under what circumstances can a landlord bring ejectment for non-payment of rent ? ''i^y.^'^.^'i 4 A. leases to B.at a rent of $20, who sub-leases to C. at a rent of $100. B. then surrenders to A la C nnder any, and if so, what liability to A ? Give the law as It stooa prior to the Consolidated Statutes, and the reason of it. . I ^Ik;^ '•«^«-'H<#-,#«.'.' Ml i* ^•?«MCvV// ™'3f;^fJfv'i^'^^ ,..••7 Rvfs« 'i.:;.r..iisc' ON BLAOA. E S COMMENTARIES. 101 'r^ 5. A tenant in tail wishes to make a lease for twenty years. State the precise steps necessary to make it effectual. >?.•) .^■•^;i *.s' ■ ■Z-'Vu ■■••*> 'I ^vi 6. In examining a title, how for back must a search j^cg be made for sales for taxes ? Give your reason. . - 7. What statutory provision is there as to the appoinl- i^^ meni of new trustees, in case of death of the old trustees ? .^| 8. A tenant in taU is dispossessed of his lands, and dies oat of possession without issue, and without having b«red the entail. Within what time must an action be , brought against the disseisor, to recover possession ? ■m -'M ;0^;v a. A. has a power of appointment over certain lands. By his will he devises aU his real estate to B. Will the land over which he had the power of appointment pass nnd» this devise ? Explain. : ?> 10. What statutory provision is there as to the suffi- . v-^t : .. eiency of memorials as evidence ? ^-^i^m^^^ '•^'i^.lii .: .^if* *ii^5^*!i#?!?A:»jie^, ^l^v ^^■ •1-- ■ "'^yr^^smr'^;- 102 EXAMINATION QUESTIONS ^W-i^ . Bf'H' EXAMINATION FOR CERTIFICATE OF FITNESS. TRINITY TERM. 1878. LEITH'S BLACKSTONE-TAYLOR ON TITLES-THE STATUTES. LA. coavejp a portion of Blackacre to B.. covenanting to produce the title deeds which cover the whole property B. convejs to C. A. conveys the remainder of Blackacre to D., and delivers to him the title deeds. Who is, or are liable upon the covenant, and to whom is the liability ? What precaution should be taken as against such liability ? 2. Under what circumstances can a landlord in an ejectment suit against his tenant compel him to give security for costs ? 3. Define and distinguish between a jointure and an equitable bar of dower. ^ ■ 4. What interests in land are saleable under execution ? 6. A. and B. are bastards, issue of the same parents. A. dies intestate, without iseu*. in the lifetime of his parents seised of certain lands. To w. .om wiU the lands go ? t .1 ON blackstone's commentabibs. •■ "m> ■<■ 103 V ► 6. What were the different species of injury by (raster ? In which of them was there the remedy by entry, and what was the ground of distinction? In what way has thia ground of distinction been affected ? 7. To what extent have the Statutes of Mortmain been amended by Provincial enactments ? 8. Under what circumstances can a husband by a recent statute convey land free from the dower of his wife ? What formalities must be observed ? 9. What is the effect of the statutory provision as to memorials as evidence of title ? 10. What is the statutory limitation to the right to bring an action in respect of uncultivated lands ? .■.'»^I '-Ml i •#:^^';:; ::^^ .M % '1 m "% I .■*■'. ON BLACKSTONB'a COMMENUWES. J05 ^«^d defend u.der the thC^H'. "''°'" '"' |:i|^;- What ^, the deoWon in T«lt.r»m'» case ?"^ ' ' ^ • -r^^:- •;■•--. ■ .-■■.•■ '■'■■--:'- '-■:'•;-:••-- ^ :C^ be registered? What -.> Mtte effect on non-registratiou? . '' What ii-S-vt. neitob m deeds, evidence of the facts recited ? *-- iwpectofir . I«"<'^«. "ithin which actions in sj »9?^'<>'««8«mentsmastbebrouKht? ' ' :., ;;'-'^:tV:-- ... ,■■■■■■ -'■;■••■■ •'**^- '^ ^'^'^5^¥r''^^f^n'?-«< EXAMINATION QnESTIONa '.iP'iT;- ||>XAM.KATrp. POR chrx,p:cath op p.™,3s. ' « _r> ■•.-'Si'- '.■. MICHAELMAS TERM. 1880. '.'*< -^•■'' J^ITH-S BLACKSTONE-EEAL PROPERTY /^- - STATUTES. ■v>^-,' f **■ - * v« '^#; ii ■ ■ .f pcse^ion S ^ '"" *■"• "'«"«' -■» "hat k J V • ■ . 3. Give the operative words nf o « a tenant in ™, o„n,e,s J 1 ! """^T '^ ''"°'" . Protector of the setflen-en..' "' -"''"' ■" *"« ;~''itth:t^r/^rhr-:^;;-^ for dower cease ? ^ *'' ^"°« ^° action /■•■ It- ■ i .'f ^■A'i:j4:' I.i; ! • ^^■^ •:• r^^:;? 106 EXAMINATION QUB8TICNS EXAMINATION FOR CERTIFICATE OF FITNESS. p'l'. IT'.-- MICHAELMAS TERM. ,879. ^irm BLACKSTONE-TAYLOR ON TITLES. te: W-'- ■, given b, Mr X ° ""^"«°"' "' «■« '■"' " ;"Exi„^'""' " s„«er.nc. ,n««ed .o e„bl«„en.„ • '®'^''' formerly necessary ? Explain. 5. Distinguish between the surrenrl^,- ,« i ^ ftnd its merger. surrender in law of a term, 6. What is the application of the maxim F^.y. /- c... ,.,,,, ,, ,^^,^^ eovenant:r:de!:r"''* I up ffor salei ;,rtl-.hf ON BLACKSTONB'S COMMBNTAWKS. 107 ; f 7. Why cannot a power of appointment he engrafted npon a conveyance by way of bargain and sale? W4\ Ss'i 1 1 if; j^taM he.s, aa to the onus o, proof? Oi« .uthorij y for your answer. / . T t ;. ^10.. Giye shortly, the effect of the recent .htati ., to sales under mortgages. • ■ivi^^if?<«i -■; '..^^^ . '•'^wS .■v-'-"-^.^t^ "■ " ' <'-'<^thJ^§ > ' ''-'^sS - '■' '.'. 'ii*T ^. ■ "-'*;'v^ '.".'■'i!'^' •••'■''"^ -..."■- '"i-^l '■■'■■ •*.'>i-'^^ ■ '''"'■^■^ '"'"■^"'■■^jll^Si '^* s''""' "^ '■'^^^H ■•■." »^. *?^i»bM v:/,-;g^^ . ^■■>:aaMM| • -.-^ >;^^g • ' ■ -'■'*'^^B •"*■<",- -■•■j,t;- -.^ .^^t" '"-t^-^"••■•;• ■J. ' r ■■\^^K''^y;!^ ,■',■.■-(■ '''W«>W5t'^i««ir?sr¥r'^«r-:^^ ■»-WWW" " - ?'**''^*^«-^ J«8Ki*i|il.>ii^^ Sffte-;, ■.■■.;.■ . "'iSV>& I'-.'i..- .■•.. EXAMINATION QUESTIONS ^^M^^y-'- EXAMINATION FOR rFRTTrr^ a^., ' ^' ->^ ^|-::. ■ ^ -^^^ CERTIFICATE OF FITNESS. % •.-;x^\' TRINITY TERM. 1879. LEITH'S BLACKSTONE-EEAL PEOPERTY STATUTES. ^5}i'^.' ■^-'''•■•- It 1- Give the definition of renf cjfof. . . . essentials. ^*^*^ accurately its WhaU.T".- "^'* '^""' '^^"^^^ ^ ""^ ''^ registered? What 13 the effect of non-registration ? « ^«» / ^pfe^..: .^' '^''"'^^"'^''"^^"'^'^d a reversioner, die pendk the pp. prior estate. From whom will descent be Irace^' ;,- : 4. What is the meaning in the Statute of Victoria as to descent, of the words - where th^ P,f„f. u u I ♦« iu • 1 X , ^"^e '"^ estate shaH have come to the intestate, on tJie nar^ (,^ fh^ t m "vecume , " i/ie part ot the father, or mother" ? . Jj;--"-'"— 'hmgwUoh become, ™p„,.iw,e„fc. ''^Vi ^WJ''^ 'tr.^ ; plac ' r mod ^ becoi life, 1 .. 10. perioi landS; r^*^:^?""*?^'* /•>*i>- ON BLACKSTONe's rAiu««.«- _, J '■..!» -^i^ ON BLACKSTONE's COMMBNTARUtS. a: \^ 7. What IS the effect of the Statute as to the right of a .^ widow to dower out of improvement., which may have been placed unon land, at times subsequent to her marriage ? ■i^ji'-' ' ■■ ' ■ '" ■ " ■•■■■■■ ■■ • ■ -^p)-8- What we thb provisions of th. Statute as to the ->linode of pleading in cases of prescription ? r/ 9. When does the right to .iiioy«,^„,„;;^',^^ : beeome absolute, wheu the land ii ve*d in one per«,n for We, with remainder to another in fee? .^^10. What proceedings mast be tato, and within what perH,da. m order that a mechanic ouyhave . lien upon ; lands, upon which he has expended lakour and material ? '■■■---'^ -■■":>■ "'.:i(-^^ >*:'';:;•. ''/^S?'. ■'■•■^^^ It- - §m ■■»::,"' - V^ Al> :Jt ¥>:'■■■ idi-': ''■" IB'. k.f^ -!••■■ la^-^V^. ^:: tfij-^il'* i??!!Pn KMB^^r^^^TS^.'??; - ■- ■ ^^^^^;J^:^'> ■■■.; ^^k: *, ' no E^Sfr/V' ' " HHKj^ •.'■\' '.'**:•■': H jfl^j^y, ■ . . /y:-Y' /■-"• < BKh^'iV '". "^ ' WsgBJf''. , " . . "; . iKwMi^Ai^'.' ^HhR^-^ .*■' t^t'-^" 1jB^!i'- *^*'. '-'<■>■• Vi*-. t^HP^v * '- B^^^>.'; H^^^'j!;-->>"..4-'-' BlK^i^''«i-'' > rs-. ■ i?xy A « ^^^:;!;-:k>^;- EXAB »IINATIO> ^^V/^.. "■ ' .'■•""'" - ■ SySf^'"r*.j'J ■*- HBt^r*-^".'' l^^eEii^'J? „- ».'--.. ,,— '"^ * BPS^^^^-T- ^ '• •" . ?'>«i^v.«' 'i"'"^'^' *" ' i- * *.*'*fcV\.T; ."-:*.'•' -^'■■•■" ;■■ ' .■>Kf.-^ .- -.-■% „^: i' ' ,•■ Sj4V .■'..*.';■'■' ^ti::'V, V i?"'" "■•'"" IfS'- . . ■ yiif'-;- wi-rJ=''i-t'i'n^v'i;*<>.. T -BIT ^ f r« r^ _^ -_ EXAMINATION QUESTIONS :ate of fitness.! EASTER TERM. 1879. i'f ^-^^ LEITH'S BLACKSTONE-TAYLOR ON TITLES. /ow A ' ^- *^^®s omit to do the art the first case, and B in ihn ^^ j *° fortherecov.,ofttCr '^^-^'^^^ ^" ^^"^ ' :M i '-'■'&■■■>' . :f •(^-■^. ^:: ■ " ma 'leaa ' iaice wha: 5 corp< mbrti ■*'% ■■ ''it*.''"- -' of tb •■■rftrv.- of bui adoptee 8. Statute 82) as t< judgraer ;--||f|;^:; . 'on BLAOKSTONb's COMHENTABOts. . " ' '^^S'^^ i:.^intr:::2:^-''''™-'*-«--'o'MoH. «, repudiate, the lease, aUeging that « th T ^ *"** 3«.e leseor, U .he „,„„ of the a„a t tnT"' "' -"" ,^ ^e .e.t is a., pa.«hle iTj^ClZ Tt .^^ha8 yet four years to run n„ • ^' '^^^''^ ! ?-*.ien by the ij ^so t 2;""°"*"' "«"» "^ what ground ? ""l' ^""^ -^^ "pon "■ , «V;Si>".: •fir «. state shortly the various modes devised h. r •" '"'' ■*. ' i- .^r-7. A creditor of a testator, who was pos.e«,.a „, , j ' ^ bat .nsuacient value, but was seised r^lesT^" --es ,0 obtain payment of his debt ourof^. t' ^•--tofMr.u:;ir-t:-:vri.'^' • ^^ m , '•:^^ •■'^^ ■ vtjfSv - -Y^ /^ ''i^>i*!*i.i'K.-, '"'*-'*"^^"'**i«< . -•••■tA l-f!i»'-' <**?•;«}.