Legal Examination Questions




THE NEW ZEALAND GAZETTE. 146

of the "Mercantile Law Amendment Act,
1860," passed by the General Assembly of
New Zealand, with reference to
(1.) The title of a person to goods acquired
by him before the seizure thereof by an
execution creditor under a $fi~fa.$
(2.) The remedy given to a Plaintiff in an
action for a breach of contract to deliver
specific goods for a price in money.
(3.) The consideration for a guarantee.
(4.) Guarantees to or for a firm.
(5.) The right of a surety who has dis-
charged the debt, as to securities.
(6.) Acceptances of Bills of Exchange.
17. Explain the different kinds of Bailment
and the duties and liabilities of the Bailees res-
pectively e.g.
(1) A depositary of goods for the use of
the bailor without reward.
(2) A mandate or gratuitous commission.
(3) A loan.
(4) A bailment of goods to be used by the
bailee for hire.
(5.) Ditto of goods to be worked upon or
carried for hire.
(6) A pawn.
18. What is a Charter Party? What a Bill
of Lading? To what extent can the master of
a ship bind the owners with or without the
owner's knowledge under either of these forms
of contract?
19. When goods are put on board in pur-
suance of a Charter Party and a Bill of Lading
is given for them by the master what is the
import of the Charter Party, and Bill of Lad-
ing respectively?
20. When is the Bill of Lading conclusive
of the shipment of the goods

  1. Between the shipper and master.
  2. Between the shipper and shipowner
    (Berkely $v.$ Watling, 7. a & Ell, & 18
    & 19 Vic c. III.)
  3. What is "Stoppage in transitu"? How
    far is the right thereto consistent with the pro-
    perty and right of possession being vested in
    the consignee, as evidenced by the delivery of
    the goods on board and his being named as
    consignee in the Bill of Lading ?
  4. What is Demurrage? What Primage?
    What special or petty Average? What general
    Average ?
  5. In what cases can the agent, holder of a
    Bill of Lading, bind the owner of the goods
    mentioned therein by a contract by way of
    pledge, or security, made by such agent with a
    third person for a loan or advance on the se-
    curity of such Bill of Lading? ("Advances to
    Agents Act, 1861.")
  6. What is a Promissory Note? What a Bill
    of Exchange? What is the relative legal posi-
    tions inter se of the maker, payee and indorsee
    of a Note, and of the drawer, acceptor and in-
    dorsee of a Bill ?
  7. Give instances of "Wrongs" to the
    Character, Person, or Property whether Personal
    or Real.
  8. State what you know of the law of
    Nuisance, Public or Private.
  9. What is an Executor? What an Adminis-
    trator.
  10. To whom should general Letters of Ad-
    ministration be granted, and how far is the
    claim to administration affected by the primo-
    geniture, sex, solvency, or being a creditor,
    upon the estate of deceased ?
  11. What are administrations "cum testa-
    mento annexo," "de bonis non," and what are
    temporary, or limited administrations ?
  12. If a foreigner die intestate within the
    British dominions, according to what law will
    the right to administration be determined ?
  13. An intestate was domiciled in a foreign
    country and left assets in British dominions,
    Where must administration be taken out, and
    by what law must the distribution of the per-
    sonal property be regulated? And in what
    country must the administration be conducted?
  14. Money due on a mortgage,-On death
    of mortgagee, is it part of his real or of his
    personal estate ?
  15. If the mortgaged property be sold under
    the usual power, but after the death of the
    mortgagor, is the surplus produce realty or
    personalty? explain the reasons of your
    answer.
    What are the limitations to the recovery
    of debts; and what are the provisions of Lord
    Tenterden's Act, as to the saving the Statutes
    of Limitation?
  16. Mention one or more "leading cases"
    on some important doctrine or doctrines of
    the law of contracts, stating the result of the
    decisions.
    Real Property and Conveyancing.
  17. What are "Things Real"? What are
    "Chattels Real"?
  18. What classes of property are covered by
    the words "lands," "tenements" "heredita-
    ments"?
  19. What is an "Estate" in Realty; what
    does the word imply as to interest or owner-
    ship?
  20. What is a Fee-simple, and how many
    kinds of this estate are noted by Blackstone?
  21. What is the difference between a "base"
    and a "conditional" fee?
  22. What are estates tail, general and
    special? What words are necessary to create
    the "fee," what to make the "tail"? Des-
    cribe a tenancy in tail after possibility of issue
    extinct.
  23. What did Littleton mean by saying
    that tenant in fee tail is, by virtue of the
    statute of Westminster, the second?
  24. What was a fine? What a common
    recovery? What is the process by which a
    tenant in tail can now bar the entail, under the
    Act for the abolition of fines and recoveries,
    3 and 4 Will. IV., c. 74?
  25. What "incidents to a life estate" does
    Blackstone note, as affecting the full enjoy-
    ment of his estate by a tenant for life?
  26. Who is tenant by the curtesy? What
    four requisites must combine to create it?
  27. What was the old law of dower? What
    great alteration has been made in that law by


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1863, No 14





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⚖️ Publication of Chief Justice's examination questions for Articled Clerks (continued from previous page)

⚖️ Justice & Law Enforcement
20 April 1863
Articled Clerks, Examination questions, Mercantile Law, Bailment, Real Property, Conveyancing