PRACTICAL MECHANICS
1. Compute the stresses upon the various bars com- posing the subjoined trusses
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EXAMINATION PAPERS,HONOUR E X A M I N A T I O N S , O.T. 1872. CXXXV11
consider tho use of a continuous girder advisable and what precautions should be taken during construction in order to realize the calculated stress on the various bars ?
3. Describe the various operations involved in main- taining a line of main road subject to heavy traffic.
4. Supply detailed sketches, fully dimensioned, with written description of the following structures:—
(a) Girders and platform for an iron railway bridge, single line, 40 ft. span.
(ft) A stone retaining wall to support a clay bank 20 ft. high.
5. Explain the method of computing the discharge of the outlet pipe of a reservoir. Illustrate your answer by a numerical example.
6. Give a sketch and description of the Royal Albert Bridge over the Tamar. '
L A W . — P A B T I . D r . Dobson.
1. Define a consideration sufficient to support a simple contract.
2. Illustrate the rule that where the law implies a certain promise from a consideration executed,
CXXXVIII - E X A M I N A T I O N P A P E R S ,
that consideration will not support any 'other promise.
3. In what cases must a contract in order to be valid bo entered into by deed ? Define a deed.
4. As a rule a corporation cannot contract except by deed. What are the principal exceptions to this rule ? Have the objects for which the corpora- tion was created anything to do with the law on the subject ?
5. Write out and illustrate by examples the 4th section of the Statute of Frauds. What are the essentials of the note or memorandum of" the contract ?
6. Point out the main distinctions which exist between the 4th and 17th sections of the Statute of Frauds.
7. I n consideration that A would be and continue to be B's servant as long as they both should please, B proriiised to leave A by his last will an annuity for A's life. Is writing necessary in order to enable A to enforce this contract ?—Penton v.
Emblers, 3 Burr. 1278.
8. What are the three grounds upon which a contract is rendered void in consequence of illegality at i Common Law, as distinguished from Statutory
illegality ?
9. How far could a married woman bind herself by contract at Common Law ? How has her capa- city to contract been affected by modern legisla- tion ?
HONOUR EXAMINATIONS, O.T. 1872. CXXX1X
10. Explain what is meant by the expression " reduc- tion into possession" with reference to a wife's choses in action.
11. What is the effect of giving to a woman dum sola a promissory note which matures during her co- verture ? Suppose the note was given to her during coverture, does this affect the question ? (Answer this question without reference to the Married Women's Property Statute or the Mar- riage and Matrimonial Causes Statute.)
12. What are the contracts entered into with the lawful holderof a bill of exchange on its arrival at ma- turity by (1) the drawer, (2) the acceptor, (3) the indorser ?
13. Explain the terms general average, particular average, freight, demurrage, charter party, bill of lading.
14. What are the risks which the assurers usually take upon them under a policy of insurance ? What is the effect of the memorandum usually inserted at the foot of the policy ?
15. What is meant by the expression " stating an average" ? When does the necessity for an average statement arise ?
16. Describe the constitution and jurisdiction of Courts of Petty Sessions.
17. Describe the mode of testing the accuracy of the decision of Justices of the Peace in point of law.
What preliminaries are necessary to be performed
Cxi EXAMINATION PAPERS,
by the person who feels himself aggrieved at such decision ?
18. A contract which might have been validly made by word of mouth is reduced to writing. What is the effect of this upon the mode of proving the contract at the trial ?
19. Distinguish between executed and executory con- siderations, and what rules of law flow from the fact that a consideration is of the former nature.
20. Explain the doctrine of ratification as applied to ( I ) contracts, (2) torts.
2 1 . What are the essential ingredients of every cause of action for a wrong independent of contract ? 22. Define libel and slander. In what cases is it un-
necessary to allege that the plaintiff sustained special damage in consequence of the committing of the grievance complained of ?
23. If A , B , and C jointly commit a trespass, against whom may the injured person bring an action ?
L A W . — P A E T I I . Mr. Billing.
1, Is there any and what difference as regards the law of lapse between devises of estates in fee simple and estates in fee tail.
HONOUR EXAMINATIONS, O.T. 1872. cxli 2. If one of two or more joint tenants for life acquires
the reversion in fee, what is the result ? Explain the law in this case.
3. The following persons are applicants for relief against the defective execution of a power, viz. : A husband, a grandchild, a mortgagee, a brother, a mother, a wife, and a sister. Which of them will obtain the relief ?
4. Suppose a person becomes tenant for life of a property on which there is a mortgage, who is bound to keep down the interest on it ?
5. A enters into a contract to buy a fee-simple pro- perty on which there is a house. The day alter he has entered into the contract the house is accidentally burned down. Who is the loser, the vendor or A ? Explain the principle by which this case is governed.
6. A lease was dated the 1st January il872, and exe- cuted the 1st February 1872, when did it take effect ? When is a deed presumed to have been executed in the absence of any evidence ? 7. A has a power of appointment of a fund amongst
his children. He appoints a shilling to one, and the rest of the fund equally among the rest.
What is the law in such a case ?
8. Suppose two parts of a will are totally inconsistent and cannot possibly be reconciled. Which pro- vails ? Mention the principle on which this rests.
9. Two persons have land and mills on the bank of a
Cxlii EXAMINATION PAPERS,
river. What are their respective rights to the water ?
10. A deed has in one part of.it a latent ambiguity, and in another part a patent ambiguity, can either of them be explained ? State the law fully.
11. What is the essential difference between a real and a personal covenant ? Under which class come the usual covenants for title; also the cove- nants to pay rent and to cultivate in a lease ? 12. Mention the different kinds of waste. Will a
tenant for life '' without impeachment of waste"
be allowed to commit any kind of waste ? Give the answer fully.
L A W . - P A E T I I I . Mr. Billing.
1. Draw a declaration with the following counts: — (a) For one year's rent due on a lease,
(ft) Drawer v. Acceptor of a Bill of Exchange.
(c) For goods sold and delivered, For interest,
And on an account stated.
HONOUR EXAMINATIONS; O.T. 1872. Cxliii 2. Draw pleas to this declaration, raising the following
defences :—
Eviction from the demised premises.
That the alleged Bill is a forgery.
That the claim in the third count was paid, except £20.
And lodgment of the £20 in court.
3. There are two counts in a declaration. The first for malicious prosecution, the second for false imprisonment. The defendant pleads not guilty only. What evidence can be given under this plea as regards each count ? Give the answer fully.
4. Draw pleas of the Statute of Limitation to the following counts, viz.:—
(a) A count on a Bill of Exchange, (ft) on a Lease.
(c) in Detinue.
(d) in Slander.
(e)' in Libel.
6. What is the difference between the practice in Victoria and that in England in the following ctises, viz.:—
(a) Proceeding against a Debtor who is out of the jurisdiction.
(ft) Proceeding by Execution.
Give the answer fully. .
Cxliv EXAMINATION PAPERS,
6. Is there any and what difference in the rules of evidence relating to declarations against interest and those relating to declarations in the course of office or business ?
7. What is the effect of payment of money into Court in the following cases, viz.:—
(a) Where the declaration is on a special contract ? (ft) Where it contains only the common counts ? 8. Give fully the law as regards the reception of dying
declarations in evidence.
9. Suppose a Railway Company should refuse to carry out certain works which their Act directed to be done for the benefit of individuals, such as making communications between landsintersected by their works, &c, what is the remedy to compel them ? State the course of procedure in such case.
10. In a prosecution for obtaining money by false pre- tences, if it should appear that the money was obtained by a representation as to a future fact, what would be the result ? State fully the law in this case.
11. Point out the difference between Larceny and Embezzlement, and give examples of each.
12. Suppose a man were to gain admittance to a house in the night-time, under pretence of taking lodg- ings in it, and should then fall on the owner of the house and rob him, what offence would it be ? . Give the law fully.
HONOUR EXAMINATIONS, O.T. 1872. Cxlv