ORDINARY EXAMINATIONS, O.T. 1872. Ixxix
4. Make detailed drawings for a culvert to drain a
E X A M I N A T I O N P A P E R S ,
in an hour ? Can you suggest any alteration in the dimensions of the pipe whereby a greater delivery may be obtained without increasing the cost of construction.
L A W . — P A E T I.
B r . Dobson.
1. In what respects does a simple contract differ from a contract by deed ?
' 2. How are simple contracts discharged ? Does the fact whether the discharge takes place before or / after the contract is broken make any difference
in the mode of discharge ?
3. What classes of contracts are dealt with by the provisions of the 4th and 17th sections of the S Statute of Frauds ?
4. Write out the 17th section of the Statute of 1/ Frauds, and point out in what respects it differs
from the 4th section.
5. In consideration that the plaintiff would allow the defendant to weigh certain of the plaintiff's' boilers the defendant promised to deliver up the boilers in the same condition as when he received the permission (Bainbridge v. Finnstone, 8 A.
& E. 743). Is there a sufficient consideration disclosed to support an action on the defendant's promise ?
ORDINARY EXAMINATIONS, O.T. 1872. l i x x i 6. Define a consideration as sufficient to support-a
simple contract. In what classes of" contracts is a consideration implied, until the contrary is . shown ?
7. Under what circumstances will the court entertain the question of a'dequacy of consideration ? 8. Distinguish between executed and executory con-
siderations; and mention in what cases the court will imply a previous request from an executed consideration. , ' 9. State briefly the law as to the necessity of the
contracts of corporations being made under their common seal. Is the law affected by the ques- tion whether the corporation is a municipal-one, or one for trading purposes ?
10. What two ingredients are necessary^ for the founda- tion of an action' upon a wrong independent of contract ?
11. State briefly the liability at common law of car- riers with respect to goods entrusted to their,, care. How has this liability been modified by modern legislation ?
12. Define conversion (trover). How does it differ ._
from trespass to goods ? Define libel and slander, assault and battery.
13. In what cases may an action be brought for slan- derous words, without showing that the plaintiff has sustained any damage from their having been spoken. ' •
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Ixxxii EXAMINATION PAPERS,
14. Explain the doctrine of ratification as applied (i) to contracts, (ii) to wrongs independent of contract.
15. Describe the constitution of the Courts of Petty and General Sessions.
16. On what grounds can an appeal be had from the Court of Petty Session (i) to the General Ses- sions, (ii) to the'Supreme Court ?
17. What has tho plaintiff to prove in an action against a justice of the peace for an act done by him in the execution of his duty as such justice with respect to any matter" within his juris- diction ?
18. What are contracts of affreightment ? . Distin- guish between a contract b}r charter party and one by bill of lading. From what risks is the carrier usually protected by a bill of lading ? r 19. What is a contract of marine insurance ? What
^ are the usual contents of a policy of marine insurance ?
20. What is an insurance on freight ?
^21. Upon what contracts is an infant liable ? How far is a husband liable upon contracts made by his wife ? .
22. A enters into a contract with B to carry his ser- t vant C from Melbourne to Sale. Through negli- gent driving the coach conveying C is upset and
C is injured. What causes of action arise out of the above state of facts and for what ?
ORDINARY EXAMINATIONS, O.T. 1872. Ixxxili
L A W.—PABT I I . Mr. Billing.
1. State what are the requisites of a valid contract as , to any interest in land under the provisions of the Statute of Frauds now consolidated. • ^ - 2. Suppose the contract to be contained in a number
of letters, and lhat some of them can only be connected by oral evidence, will that be sufficient ? Mention the rule on the subject.
3. Is it necessary if the agent sign such a contract C-, that he should have been appointed by writing ? tjj**
4. A man purchases two properties with his own money—one in the nijmc of a stranger, and the ' other in the name-of his child. Is there any aud
what difference between the two cases ?
5. What power is given by modern legislation to a woman during her minority to make a marriage * settlement ?
6. Has a married woman any and what power under the modern law to effect a Policy of Insurance ? 7. Enumerate the most ordinary deeds at Common
Law ; also those under- the Statute of Uses.
8. What is the essential. difference between joint tenancy and tenancy in common ? Mention the principal" features of each estate.
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Ixxxiv
9. Enumerate the usual cases in which easements are / said to be extinguished.
10. Give some examples of implied easements. State particularly what is meant by a way of necessity.
11. What remedies has a purchaser in respect of the title after the conveyance has been executed by all necessary parties ? Give the answer fully.
12. State the law fully as to the rights of Riparian / Proprietors.
13. Is there any and what difference as to the right to the enjoyment of the water of a stream flowing in its natural course over the surface of the land, and the right to underground water and springs beneath the surface, wells, tfec. ?
14. Give some examples of«tbe most ordinary nuisances to real property, and mention the remedy in such cases. •
L A W . — P A R T I I I .
Mr. Billing. . %
1. What time has a plaintiff for declaring before the defendant can compel him ? If he do not declare within that time, what steps can the defendant take to enforce a declaration ?
2. Where a defendant is quasi a plaintiff, as in reple- vin, and he resides abroad, what is the rule as to security for costs ?
O.T. 1872. IxXXV 3. What is the earliest period for making the appli-
cation for security for costs ?
4. When a sheriff has a writ of fieri facias to execute, what are his powers as to breaking doors ? W h a t
•is the law in cases of writs of habere in ejectment proceedings ?
5. Is there any difference in pleading between stating an express promise and an implied one ? t/ "T 6. In an action for work and labor for building a t^
house, the defence is that a certificate has not been obtained as required by the contract. What plea should you adopt to raise this defence ? 7. In what cases as a general rule can equitable pleas
be pleaded ? What is the principal test by which to determine whether such a plea will be good or n o t ?
8. In an action for conversion of goods it appears in the course of the case that a verbal demand of the goods was made, and at the same time a written demand served. What is the rule of evidence in such a case ? Must the writing be produced ?
9. Mention the cases in which evidence of reputation is admissible. State the answer fully, and give examples.
10. Give instances of where evidence of usage is ad- missible and where itas not; -
11. W h a t is the rule as to the exemption of a married
IxXXVl EXAMINATION PAPERS,
woman from liability to the Criminal Law in certain cases on the ground of coercion ? Give the answer fully.
12. Define the following criminal offences, and give il- lustrations of each, viz.:—Murder, manslaughter, robbery, larceny, burglary, and embezzlement.
13. What mode of procedure exists under certain Colo- nial Statutes to oust,a person from office to which he was elected not being qualified without re- sorting to Quo Warranto ?
14. Explain generally in what cases the following pro- ceedings are resorted to, viz.:—Mandamus, Cer-^
tiorari, Habeas Corpus, and Quo Warranto.
L A W.—PAST IV.
B r . Dobson.
1. Give a short sketch of the origin of Equity juris- prudence in England.
2. Explain what is meant by exclusive jurisdiction.
Mention some cases in which the jurisdiction is exclusive.
3. In Vol. 1 of the " Calendars in Chancery of Queen Elizabeth" occur the following cases:—
Kymburley v. Goldsmith.—A bill for. non- delivery of woad.
ORDINARY EXAMINATIONS, O.T. 1872. IxXXVJi Appilgarth widow v. Sergeantson.—Bill com-
• plaining that the defendant, having obtained a sum of money of the plaintiff, giving her to un- derstand that he intended to marry her, has mar- ried another woman, and refuses to return the money.
Henry Hoigges v. John Harry.— Bill by plaintiff, an attorney, to restrain the defendant, a priest, from practising witchcraft against him.
(Assume that witchcraft could have been prac- tised against the plaintiff for the'purpose of your answer.)
Do any of these cases disclose grounds for a bill in Equity at the present time ?
4. Upon what principle does the Court declare void any arrangement by which a creditor who is a party to a composition deed has, unknown to the other creditors, obtained a benefit or security for his debt beyond what the others have received ? Does it make any difference if the benefit or se- curity is obtained from a person other than the debtor ?
5. What is the effect of a person taking a mortgage or a conveyance of land with full notice of the legal or equitable title of other persons to the same property ?
6. Distinguish between express and constructive no- tice, and give an instance of the hitter.
7. Define mistake, as remediable in Equity, and give instances in which the Court will grant reliefs 8. A, knowing of the existence of a coal mine on B's
IxXXVlll EXAMINATION P A P E R S ,
land, but of which he knows B to be unaware, contracts with B for the purchase of the land at its fair market value, irrespective of the mine.
Will Equity relieve the vendor ?
9. A lease contains a covenant to pay rent during the term. The premises are accidentally burnt down during the term without any negligence or de- fault on the part of the lessee. Will Equity re- lieve the lessee from the payment of rent ? Give your reasons.
10. Define a trust. Into what classes are trusts gene- rally divided ? Give an example of each class.
Is a trust a chose in action ?
11. What is a mortgage ? Mention some of the facts whicli the Court will deem evidence that a parti- cular transaction was by way of mortgage, and not an absolute sale with power to repurchase.
Explain what is meant by tacking.
12. How is an equitable mortgage effected ? What is the effect of a mere deposit of title deeds as secu- rity for a debt,? Suppose the deposit is accom- panied bv a written memorandum, what is the effect ?—Shaw v. Foster, L.R. 5 H.L..321.
13. What is an injunction ? Mention some instances in which the Court will grant an injunction.
14. Illustrate and explain the maxims, Equity follows the law, Equity is equality.
15. Describe the constitution and jurisdiction of the Court of Insolvency.
O R D I N A R Y EXAMINATIONS, O.T. 1872. I x x x i x
16. Mention as many of the acts of insolvency as you can recollect upon which a rule nisi for compul- sory sequestration can be obtained.
17. What is the effect of tho sequestration upon actions pending by and against the insolvent at its date ? 18. What property of the insolvent (i) is and (ii) is not
divisible among his creditors ?
19. Mention as many of the grounds as you can recol- lect upon ,which the Court will suspend the insol- vent's certificate.
20. Describe the constitution and jurisdiction of the Court of the Chief Judge of the Court of Mines.
21. What are the rights conferred upon the holder of a miner's right ?
22. What is the jurisdiction of the Warden's Court ?
JUNIOR DESCRIPTIVE AND SURGICAL ANATOMY.
Professor Halford.
ORAL.
Describe the following bones:—
Occipital, temporal, fourth cervical vertebra, sixth dorsal and last lumbar vertebrae, trapezium,
tibia, and internal cuneiform. "
XC EXAMINATION P A P E R S ,
W R I T T E N .
i
1. Give the origins, insertions, relations, and functions of" the muscles of the back of the fore arm.
2. Give the origins, insertions, and relations of the muscles of inspiration.
3. Give the origins, insertions, and relations of the muscles of mastication.
4. Describe the ankle, shoulder, and knee joints.
-SENIOR DESCRIPTIVE AND SURGICAL ANATOMY.
Professor Halford.
ORAL.
1. Describe the manner of dissecting the fornix, hip- pocampus major, the branches of the vertebral and internal carotid arteries after they have entered- the skull, and the medulla oblongata.
2. Describe the branches of the cceliac axis.
3. Describe the branches of communication between the sympathetic and the cranial and spinal nerves.
4. Describe the following bones, stating how they are' developed:—
Sphenoid, pubes, and fibula.
ORDINARY EXAMINATIONS, O.T. 1872.
W R I T T E N .
Give the manner of dissecting the following regions, mentioning all the veins, arteries, and nerves as they are met with in order, with their relations to each other and to the muscles :—
(a) The side of the neck bounded internally by the median line, externally by the anterior border of the trapezius, above by a line corresponding to the lower border of the hyoid bone, and below by the clavicle.
(ft) The popliteal space.
(c) The front part of the thigh.
(d) The male pcrinreum.