The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-07
Twenty-four Stood the
Examination.
The Questions Were Prepared BY
Judge George n. Brown And
the Examinations Is a
Strong One.


the first day of the session, and the
first occasion on which the newly
elected Justices. Hoke and Brown sat
with the court.
OF the twenty-four applications
seventeen came from the law schools
of the University and Wake Forest
College. Four of the applicants were
negroes. and the remainder were those
VINO had studied law at schools out
side the State or under private in
struction.
The unusual sma1lness of the class
may probably be explained by the
rule passed by the court at the time
OF the last examination, this being
that every applicant must file with
the court a certificate either from an
accredited law school or from men,
bcrs Of the bar that the applicant az
ter examination is deemed capable of
standing the Supreme Court examina-
ton
The questions propounded. which
are set out below, were prepared by
Justice Brown and several members Of
the class We're declaring last night
that they were more difficult than
those asked at any previous exaInina-
ton.
The List OF Questions.
A. Are you twenty-one years Of
age? Ii not, when will you become
so?
B. Have you read law for two
c. Have you read the course pre-
scribed by the Rules of this Court. or
its just equivalent?
l.. What does the municipal law of
England include2
2. What does the municipal law
of North Carolina include?
;. Where is the judicial power of
the United States vested under the
Federal Constitution
4. Where is the judicial power of
this State vested under its Constitu-
ton"
s. What are the provisions of the
North Carolina Constitution as 10
jurisdiction of Justices of the Peace?
&. What are the powers of the
General Assembly under Constitution
Of North Carolina in respect to
amending or repeating the Charter of
Corporations? And does it make a
difference if the charter was granted
prior to 1868?
= State the substance of the sec
ton of the Constitution of North Car
DINA relating to property of married
women?
g. What is the origin of the COM
mon law in respect to real property
and also i'm respect TO personality?
9. In the early common law what
became of q mans personality at his
death in case he died intestate?
10. What were the general pro-
visions of the Statutes of Elegit and
Merchant, and what effect dld each
have upon land?
II. BY what process could a mans
personal property be taken at COM
mon law?
-. What is meant by title by pre-
scription and what does prescription
presuppose?
IS. What kind of property may be
said to lie i'll prescription?
IA. Explain difference between an
easement and 2 license and give an
Illustration of each?
IA. Explain difference between an
easement and q license and give an
Illustration of each?
Is. How many years are necessary
to support title by prescription?
49, Give definition of a contingent
remainder?
II. At common law an estate is
granted to for the life of Il. A
dies before b. Who can take the
land during BIS life?
IS. What are the three genera
rules applicable to all kinds of re-
mainders?
49, What are the three rules ap-
plicable to contingent remainders?
30 What estates in North caro-
lima are impeachable for waste ana
what is the penalty?
81. What kind of remedy would
YOU seek to stop commission OF
waste
%. What gave rise to the convey
ance called Lease and Release ana
how did it operate?
o. What was the difference at the
common law in the legal effect OF q
Fine and a. Common Recovery?
"a. What was a felony at common
law and what is a felony under law
of North Carolina?
25 What is an estopped ana now
many kinds are there?
26. What is an essential OIL all
estoppels to render them effective?
81. How must a defendant avail
himself of an estoppel OF record!
49, Suppose A, and G as ten
ants i'm common by partition proceed
ings have the land divided and de-
crees duly entered; afterwards Y dls-
covers that the true title to the land
is in d and takes deed from TOT
valuable consideration-Ct then sues "A
and 3 for the land, they plead the
estoppel of the partition proceeding.
Can C recover? Give reasons for your
answer
90. State the words of the ceie,
brated rule in Shelley's case and
whether or not it is in force in North
Carolina. and any North Carolina au-
thority you may have for your an
swer?
80 Suppose in North Carolina
lana is devised TO ~ anu III CNSiiL W
AS death without children then to
others, what estate does A take?
81. Suppose the devise be to for
life and should he die without leav-
ing children. then over to others
what estate. if any, does Al surviving
children take?
So Were lands devisable by will
in England before CONQUEST of that
country by the Normans?
80. How was it after the conquest
I,
change if there was any change?
"a What are the provisions OF the
Statutes of Wills. 80 Henry VIII. and
"a Henry VIII, in respect to devises
of land?
35. What corporations excepted by
those statutes and what were the rea-
sons?
sc. What were the provisions OF
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