Continuation of Examination Questions




147
THE NEW ZEALAND GAZETTE.
the 3 and 4 Will. IV., c. 105, and what Ordi-
nances or Acts have been passed respecting
dower in New Zealand?
46. What is a reversion? What a remain-
der? What are the usual incidents to the
former? What is the necessity of the "par-
ticular estate" to the latter?
In the New Zealand Conveyancing Ordi-
nance, the following questions are proposed:—
47. What is the provision made for the
purpose of giving effect to a contingent
remainder with reference to the existence and
creation of the "particular estate"?
48. How many tenants in common consti-
tute themselves joint tenants, and what is the
character in which the joint estate will thence-
forward be vested in them?
49. What covenants are implied in—
(1.) Deeds for valuable consideration.
(2.) In mortgage by mortgagee.
(3.) By mortgagor.
(4.) What powers are implied in a mort-
gage on default by mortgagee?
(5.) What covenants are implied by a
lessee?
(6.) What powers in the lessor?
(7.) What covenants and powers are
implied in a marriage settlement?
50. What clauses usually employed in the
appointment, change, &c., of trustees, are sub-
stantially enacted in the same Conveyancing
Ordinance?
51. What provisions does that Ordinance
contain affecting the power of married women
to convey or assign either real or personal
estate?
52. A mortgagee with power of sale on
default by mortgagor wishes to become the
purchaser of the mortgaged premises by auc-
tion.—What steps must he take? (Convey-
ancing Ordinance Amendment Act, 1860).
53. What are the enactments for registra-
tion of deeds, &c., in New Zealand? What is
the mode and what the effect of registration
completed under each of them respectively?
54. Draw a form of attestation to a will.
55. A grant is made to A and his heirs, to
the use of B and his heirs, to the use of C and
his heirs.—Apply the statute of uses and
define the estates here created?

Remedies.
56. How many kinds of action are classed
in the division of "actions" by the Rules of
Procedure of the Supreme Court in New Zea-
land?
57. Illustrate the difference between an
action on a breach of contract—
(1.) For money liquidated.
(2.) For money as damages.
(3.) For specific performance.
58. What is recovered in an action for
detaining a chattel? How is the ordinary
execution supplemented by "Rule 201"?
59. How is land unjustly held from the
owner recovered? Give the form of the writ
from the "Rules."
60. Mention any remedies other than, or
supplementary to, that by an action, and
explain them.

  1. Under what circumstances will an ex-
    parte injunction be granted?
  2. What is a distress for rent; when, under
    what circumstances, and how, must it be made?
  3. What is a distress for damage feasant,
    and how must it be conducted?

Tribunals.
64. What jurisdiction has the Supreme
Court? what is the extent of the jurisdiction
of each separate Judge of the Supreme Court?
and what provisions have been made by the
"Supreme Court Amendment Act, 1862," to
facilitate the exercise of these jurisdictions?
65. What powers has the Supreme Court
over inferior tribunals and Officers of Justice?
Sketch the proceedings by which it may either
keep them within their jurisdiction or make
them do their duty.
66. What is the nature and jurisdiction of
the District Courts?
67. What are the special Acts by which the
proceedings before Justices of the Peace are
regulated?
68. What is the jurisdiction in civil or
criminal cases, whether between Europeans,
between Natives, or between Native and Euro-
pean, of the Resident Magistrate's Court, and
what special powers are given to that Court?
69. What right of appeal exists, viz.—
(1.) From District Courts; from Justices,
or from Resident Magistrates, to the
Supreme Court. And
(2.) From the decision of a single Judge
of the Supreme Court to the Court of
Appeal?
70. What cases may be tried at Minor
Jury Sittings pursuant to the "Supreme Court
Amendment Act, 1862"?
71. State some of the "General Rules of
Pleading" in the Supreme Court; also some of
the "Special Rules of Pleading."
72. Sketch the proceedings in a defended
action on a building contract, setting out
shortly the supposed contract, and raising
issues of fact.
73. Sketch the proceedings up to judgment
and execution in an action in which the plea
has been demurred to.
74. Sketch the proceedings in an action for
specific performance of contract for the pur-
chase of land (purchaser against vendor), and
for an injunction to restrain the vendor from
felling timber on the land.
75. What are the proceedings to obtain
judgment and execution for default of a plea,
viz.—
(1.) In an action for money, as a debt or
liquidated demand.
(2.) In other actions for money.
(3.) In an action for possession of pro-
perty or for personal relief.
76. What contracts are within the operation
of "The Summary Procedure on Bills Act,
1862," and how are the remedies thereon facili-
tated by that Act?

Evidence.
77. State some things of which the Court
will take judicial notice



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VUW Te Waharoa PDF NZ Gazette 1863, No 14





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

⚖️ Justice & Law Enforcement
20 April 1863
Conveyancing Ordinance, Supreme Court Rules, Remedies, Pleading, Evidence, Procedure