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State under what circumstances C will be held to have taken the.mortgage, subject to B's


C. State under what circumstances C will be held to have taken the.mortgage, subject to B's

equitable lien, and under what circumstances he will be exonerated therefrom.

15. Specify certain agreements of which a Court of Equity will not decree specific performance, al- though a Court of Law will sustain an action for the recovery of damages for a breach of the same.

16. Lyttleton, in his tenures, saith, " Writ of partition lyeth only by parceners." It was extended to joint-tenants and tenants in common by 31 H. 8

c. 1 and 32 H. 8 c. 32. State in what respect

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IX-XVl E X A M I N A T I O N P A P E R S ,

the remedy in Equity (notwithstanding the above statutes) is more effectual than the Common Law proceeding, so as in modern times to have entirely superseded it.

17. State by what Act of Parliament of Victoria the necessity for bills of discovery, properly so called (i. e., not praying ulterior relief), have been almost entirely superseded. Describe briefly the provisions of the Act you refer to.

18. Four persons are under a joint and several liability which one of them is compelled by process of law to pay. One of the four has become insolvent, and has sequestrated his estate. Should the per- son who has paid seek to recover compensation at law or in equity ? Give the reason for your answer.

19. What is the general rule now observed by Courts of Equity as to exercising jurisdiction in settling boundaries ?


1. Enumerate the principal Inferior Courts in opera- tion in Victoria ?

2. By what proceedings does the Supreme Court exer- cise a direct controul over the proceedings of Infe- rior Courts, irrespective of appeal given by statute?

Describe briefly the proceedings to which you


ORDINARY E X A M I N A T I O N S , O.T. 1863. I x x v i i

3. Enumerate the several subjects (or causes of suit) 'respecting which the Court of Vice-Admiralty

has jurisdiction.

4. Originally the High Court of Admiralty exercised criminal jurisdiction over offences committed on the high seas. . By what statutes of the United Kingdom and of the Legislature of Victoria has the Supreme Court acquired jurisdiction to try such offences ?

5. A murder is committed on board an American ship bound from a port in the United States to Mel- bourne. Where must the offender be tried ? And what is the proper course to be pursued in rela- tion to such offender ?

6. Enumerate the four principal considerations by which the Court of Admiralty is governed in determining the amount of salvage. Mention the case which is the authority for your answer.

7. Numerous statutes have prescribed the per-centage which the Court of Admiralty may award (in the nature of salvage) in cases of recapture of ships previously captured by the enemy. Give a sum- mary of their provisions.

8. A British ship is captured by the enemy, who is unable to retain possession by reason of stress of weather. When abandoned she is boarded by the crew of an English ship, and carried safely into port. Upon what principle is salvage awarded ? and what difference would it make if the enemy's abandonment had been occasioned by the chase of a British cruiser instead of by stress of weather ?


9. In cases of collision, the Common Law Courts have jurisdiction as well as the Court of Admiralty.

What are the advantages generally of proceeding in the latter in preference to the former ?

10. The master of a British ship gives a bottomry bond at Rio, and the ship then proceeds on her voyage to Melbourne. Wages during this voyage accrue due to her seamen. On entering the Heads, the ship, owing to negligence on the part of her officers, runs foul of another vessel and causes damage. Soon after the ship incurs immi- nent peril, makes signal for assistance, and the persons who board her save her from danger, and bring her to an anchor in Hobson's Bay. She is there arrested at the suit of the bondholder, and suits are also commenced by the seamen for their wages, by the owner of the damaged ship, and by the salvors. Give the order of priority of the several maritime liens, and the reason for your answer.

11. Where the Court of Vice-Admiralty, in a suit upon a bottomry bond, pronounces in favour of the promoter,' but questions are raised respecting some of the items covered by and claimed under the bond, what course is adopted by the Court to obtain an investigation of such items ?

12. Describe the successive changes which have been

effected in the summary jurisdiction of the Jus-

tices of the Peace in cases of common assaults by

the County Court Act (21 Vic. No. 29) and the

recent Act for the better administration of the

law by Justices of the Peace (25 Vic. No. 159).


13. What improvement has been effected by the 25 Vic. No. 159 in the proceedings before Justices of the Peace, under the 22nd section of the County Court Act ? Name the sections to which you refer.

14. Describe the provisions of the 25 Vic. No. 157, as to appeals to the General Sessions and a special case to the Supreme Court.

15. Explain the provisions of the County Court Act as to set-off and the setting-off of cross judg- ments.

10. Enumerate the special defences which cannot be given in evidence in the County Court without previous notice.

17. An Act of Parliament contains a provision to the following effect:—" If the occupier shall fail, after twenty days notice, to pay such rate, any Justice of the Peace may, on proof of such notice having been served, &c, issue his warrant for the levy- ing of the amount of such distress on the goods of such occupier." State what steps are necessary before the warrant of distress can issue.

18. What provision is made by the statute law of

Victoria for the recovery of penalties under sta-

tutes which omit such provision ? Name the Act

and section.



(Professor McCoy.)

1. Of what material are the walls of ordinary cells of Parenchymatous tissue of Plants composed ? How is it recognised ? And what are tho most ordi- nary sizes, shapes, and properties of such cells ? 2. What are the chemical and other characters by

which the Protoplasm or Cytohlastema of Plants may be recognised, and what changes take place in it with age ?

3. Describe the character and changes of the Primor- dial Utricle of Mohl in the process of Intracellular Cytogenesis.

4. Describe the changes which take place when Spores are formed in the lower plants by Conjugation.

5. Describe the L a t e x of Plants, its vessels, and motions.

0. In what part of Tree-Ferns do the Scalre occur, and what are the characters and position of the

Taphrenchyma in other Plants ?

7. When seeds germinate, what happens to the starch which may have previously existed in their cells ? 8. Name as many as you can of the Nitrogenous con-

tents of Plant-ceils.

ORDINARY E X A M I N A T I O N S , O.T. 1863. I x x x i

9. Describe the character, action, and positions of the Stomata of Plants.

10. Describe the " Cambium layer" of the stem of

any Exogenous Forest Tree, noting its position

and action relatively to other parts of the stem.