III. Write a short opinion on each of the following cases given in your text:

(1) In clivo capitolino duo plostra onusta mulae ducebant; prioris plostri muliones conversum plostrum sublevabaut, quo facile mulae ducerent; inter superius plostrum cessim ire coepit et cum muliones, qui inter duo plostra fuerunt, e medio exisseut, posterius plostrum a priore percussum retro redierat et puerum· cuiusdam obtriverat; dominus pueri consulebat, cum quo se agere oporteret (52, 2).

(2) Stichum aut Pamphilum promisi Titio, cum Stichus esset decem milium, Pamphilus viginti; stipulator Stichum ante moram occidit; quaesitum est de actione legis Aquiliae (55). IV. Compare the Roman and English law on each of the following points :

(1) Sed et si quemcumque alium ferro se petentem quis occiderit, non videbitur iniuria occidisse (5 pr.).

(2) Et ideo quaerimus, si furiosus damnum dederit, an legis Aquiliae actio sit (5, 2).

(3) Haec tamen actio ex causa dauda est, id est si neque denuntiatum est neque scierit aut providere potuerit; et multa huiusmodi deprehenduntur, quibus summovetur petitor, si evitare periculum poterit (28, 1).

(4) Qui incendii arcendi gratia vicinas aedes intercidit (49, 1). (5) Mulier si in rem viri damnum dederit (56).

COMMON LAW I.

I. Examine the origin and various applications, in English Law, of the doctrine of "reputed ownership."

II. What tests would you apply in determining the question whether a particular contract is illegal?

Discuss the following cases :

(1) A sues B on a covenant to pay rent contained in a lease
of premises which B took for the purpose of carrying on
a noxious trade.

(2) A and B enter into partnership as
"commission agents
and bookmakers." On A's determining the partnership
B sues A for certain moneys alleged to be due to him
under the partnership agreement.

III. To what extent is a person answerable in tort for acts done on his information or suggestion by an officer of the law? Illustrate your answer by reference to actions for malicious prosecution and false imprisonment.

IV. "Even in England the process of turning private wrongs into public ones is not yet complete, but goes forward year by year, whenever any class of private wrongs or even of acts that have never yet been treated as wrongs, come to inspire the community with new apprehension." Illustrate this process by reference to legislation in England and New South Wales respectively.

V. Examine, fully, the conception of malice, in the English criminal law.

VI. Write a short but exact note on each of the following points :

(1) The rule by which "negotiability" is determined.

(2) What articles are liable to contribute to general average?

(3) The effect of the exercise by a vendor of his right of stoppage in transitu, upon the original contract.

(4) The circumstances under which delay or deviation will
not discharge the insurer under a policy of marine
insurance.

(5) The rule in Merryweather v.
v. Nixan, and its
qualifications.

(6) The effect of payment of money by mistake of law or
of fact.

VII. State the doctrine or rule established in each of the following cases, noting its subsequent history or development:(1) Mitchell v. Reynolds; (2) Waugh v. Carver; (3) Bickerdike v. Bollman; (4) Manby v. Scott; and (5) Godsall v. Boldero.

VIII. Write a short opinion on each of the following cases :— (1) A enters into a contract of apprenticeship with B, a manufacturer. C, D, and E, who are workmen in the employ of B, averring that B's contract with A is contrary to a prior agreement entered into between B and themselves, procure B to break his contract with A. A desires to sue C, D, and E.

(2) A makes a contract in his own name with B, intending in fact but not to the knowledge of B to contract as agent for C. A had in fact no authority at the time; but subsequently C agrees to ratify A's action. B, however, on learning of these facts refuses to perform the contract. (3) A verbally agrees, on Monday, the 1st December, 1902, to enter B's service on a year's engagement, as from Tuesday, the 2nd December. At the end of the month B wrongfully dismisses A. A desires to sue B.

COMMON LAW II.

I. "The practice and procedure of the English superior courts of Common Law, Equity, Probate, Divorce and Admiralty, as those courts existed before the 1st November, 1875, were affected by the Judicature Acts of 1873 and 1875, mainly in three ways"....

Sketch, generally, the changes here referred to, noting the chief points of contrast between the system so established and the system in vogue in this State. To what extent, if at all, would you advocate the adoption in New South Wales of any similar change of system?

II. In what cases is it necessary for a plaintiff in pleading-(1) to aver his own readiness to perform a contract; (2) to negative a possible defence open to a defendant upon the wording of an instrument; and (3) to allege special damage?

III. Discuss the admissibility of the evidence tendered in the following cases:—

(1) Oral evidence is tendered, at a criminal trial, of statements made by the accused or his witnesses before the committing magistrate.

(2) The recitals in a deed are tendered in rebuttal of evi-
dence given by a party thereto.

(3) A receipt for rent payable on a certain day is tendered
to rebut a claim for arrears of rent previously accrued.
(4) A journal kept by a clerk since deceased is tendered in
evidence of a sale of goods by his employer.

IV. What will amount to sufficient prima facie evidence by the plaintiff in (1) an action of trespass; (2) an action of ejectment; (3) an action for mesne profits; and (4) an action for use and occupation?

V. Under what circumstances can a previous conviction or acquittal be set up in answer to a criminal charge? Discuss the following case :-A prisoner, after conviction for murder, receives a pardon from the Crown, but is afterwards put on his trial for perjury, the perjury alleged consisting in a denial of his guilt whilst giving evidence on his own behalf in the course of the former trial.

VI. A, a stockbroker, receives certain moneys from B, with instructions to purchase there with certain shares in a Company on B's behalf. A afterwards informs B that he has purchased the shares, and also pays B certain dividends in respect thereof; but fails either to deliver the shares or return the money when so required by B. What remedies, civil or criminal, are open to B? In the event of B's proceeding by way of civil action, what counts would you insert in the declaration?

VII. "There is a strong and marked difference between the effect of evidence in civil and criminal proceedings."

Explain the nature of the difference here referred to, and the grounds upon which it rests.

VIII. Draw an indictment for larceny, explaining also the essential avernments.

INTERNATIONAL LAW-PUBLIC AND PRIVATE.

I. What progress has been made, in International Law, towards the formation of a written law of war?

II. Discuss the various questions of International Law that arose in the course of the South African War.

III. What rules are applied by English Courts with respect to (1) the effect of an English adjudication in the bankruptcy, on property situated abroad, and (2) the effect of a foreign adjudication in bankruptcy on property situated in England?

IV. Draw up a brief digest of the rules of Private International Law, as administered by the English Courts, on the subject of "succession ab intestato."

V. By what law will an English Court determine the intrinsic validity and effect of a contract made in a foreign country?

VI. A, a domiciled Englishwoman, having real and personal estate in England, marries B, a domiciled Frenchman, and goes to reside with him in France. What effect will the marriage have on A's property, assuming that there is no marriage settlement? If there had been a marriage settlement, by what principles would it have been governed?

VII. "The operation of the contract of affreightment depends on the law of the flag." Explain and illustrate this statement.

VIII. Discuss the following cases, stating the principles involved :

(1) A and B are Portuguese subjects, but domiciled in England. Being first cousins, they are by the law of Portugal incapable of contracting a valid marriage with each other. They are duly married in England according to the forms allowed by English law.

(2) A, who is domiciled in New South Wales, marries B, the sister of his deceased wife. There is one child of the marriage, C. Subsequently X, an English testator, dies, leaving a will in which he devises and bequeaths all his real and personal property in England-"to the child or children of my friend A."