Imágenes de página
PDF
ePub

judicial organisation of the Empire under Constantine, and a sketch of the subsequent history and influence of Roman Law; (2) The text of the Institutes of Justinian (omitting iii. 1 to 12, and iv. 6 to end); and (3) The general principles of Roman Law, so far as these are treated of in the Institutes of Justinian.

Students are recommended to read-Hunter, "Introduction to Roman Law"; and Moyle, "The Institutes of Justinian" and commentary. Reference may also be made to Hunter, "Roman Law in the order of a Code"; and Sohm, "The Institutes of Roman Law" (translated by J. C. Ledley).

81.-CONSTITUTIONAL LAW.

This subject will include :-(1) An account of the general features of the British Constitution, and especially of those which are essential to a proper understanding of the imperial factors in Australian government; (2) A moro particular account of the constitution and government of the Commonwealth; and (3) An account of the constitution and government of the State of New South Wales.

Students are recommended to read the following text-books and statutes:- Dicey, "Introduction to the study of the Law of the Constitution"; Anson, "The Law and Custom of the Constitution" (Vol. II., ch. 1, 2, 3, 4, 5, 6, 8 and 10, except S. 4); Thomas, "Leading Cases in Constitutional Law" Webb, "Imperial Law" (ch. 3); Jenks, "History of the Australian Colonies," The Commonwealth of Australia Constitution Act, 1900, together with other Acts and Instruments relating to the Government of the Commonwealth ; The Constitution Statute (18 and 19 Vict. c. 54) and "The Constitution Act, 1902"; together with other Acts and Instruments relating to the Government of New South Wales. Reference should also be made to the following works:-Anson, "Law and Custom of the Constitution" (Vol. I.); Ridge, Constitutional Law of England"; Quick and Garran, "Commentaries on the Commonwealth of Australia Constitution Act"; Moore, "The Constitution of the Commonwealth of Australia"; and to such statutes and cases as may be indicated in the lectures.

66

82.-INTERNATIONAL LAW, PUBLIC AND PRIVATE.

This subject will include:—(1) An account of the nature, history and sources of Public International Law; (2) An account of the rules generally accepted as determining the conduct of States both in their normal relations, in the relation of war, and in the relation of neutrality; and (3) An account of the general principles of Private International Law or the Conflict of Laws. Students are recommended to read :-Hall, Treatise on International Law"; Cobbett, Leading Cases and Opinions on International Law"; and Dicey, "Conflict of Laws." Reference should also be made to the following works:-Westlake, "International Law, vol. 1;" Oppenheim, "International Law;" Foote, "Private International Law;" and to such other works and such statutes and cases as may be indicated in the lectures.

[ocr errors]

83.-THE LAW (in force in New South Wales) RELATING TO CONTRACTS, MERCANTILE LAW, TORTS, CRIMES AND DOMESTIC RELATIONS.

The lectures on this subject will comprise :-An account of the law in force in New South Wales with respect to (1) Contracts generally; (2) Mercantile Law (including Negotiable Instruments, Partnership, Insurance, Carriage and Mercantile Agency); (3) Torts, and obligations arising from civil wrongs at common law; (4) Crimes, including offences punishable summarily; and (5) Domestic Relations and Lunacy.

[ocr errors]

Text-books and Statutes :-Anson, "The Law of Contract"; Stevens, "Elements of Mercantile Law" Part II., together with the cases of Lickbarrow v. Mason and Miller v. Race (with notes), from Smith's "Leading Cases at Common Law"; Pollock, "The Law of Torts"; Kenny, "Outlines of Criminal Law"; Kenny, "Selection of Cases illustrative of Criminal Law"; Stephen, Commentaries," Book III.; together with the following statutes (with commentaries where indicated) -The Claims against the Government, etc., Act, 1897; The Employers Liability Act, 1897; The Defamation Act, 1901; The Crimes Act, 1900 (Hamilton and Addision); and The Crimes Amendment Act, 1905. Reference should also be made to other statutes (see appended list) and decisions relating to these subjects, and especially to such statutes and decisions as may be indicated in the lectures.

84. THE LAW OF PROPERTY AND PRINCIPLES OF CONVEYANCING (as in force in New South Wales).

The lectures on this subject will comprise :-(1) An introductory course dealing with the general principles of the Law of Property, as regards the nature, creation, transfer and devolution of estates and interests that may be held in real and personal property in New South Wales; and (2) A more advanced course on the system of Conveyancing in vogue in New South Wales, with respect both to interests in land (whether held under a Common Law Title or under the Real Property Act) and interests in personalty.

Text-books and Statutes:--Millard, "Law of Real Property in N.S.W."; Millard, "Law of Personal Property in N.S.W." Elphinstone, "Introduction to Conveyancing"; Hogg, "Hints on the Law and Practice of Conveyancing in New South Wales"; together with the following statutes (with commentaries where indicated)-The Conveyancing and Law of Property Act, 1898; The Conveyancing and Law of Property (Supplemental) Act, 1901; The Wills, Probate and Administration Act, 1898; The Administration Validating Act, 1900; The Administration Amending Act, 1906; The Landlord and Tenant Act, 1899; The Apportionment Act, 1905; The Forfeiture of Leases Act, 1901; The Forfeiture and Validation of Leases Act, 1905; The Registration of Deeds Act, 1897; The Real Property Act, 1900 (Canaway); The Married Women's Property Act,

66

1901; The Inheritance Act, 1901; and the Limitations of Actions Act 3 and 4, Will. IV., c. 27 (adopted by 8 Will. IV. No. 3); The Dedication by User Limitation Act, 1902; 5 Vict. No. 9, sections 39, 40, 41: The Ancient Lights Declaratory Act, 1904; The Bills of Sale Act. 1898; The Bills of Sale (Amendment) Act, 1903; The Lien on Crops and Wool and Stock Mortgages Act, 1898; The Trade Marks Act, 1905 (Federal); The Patents Act, 1903 (Federal); and the Copyright Act, 1905 (Federal). Reference should also be made to Williams, Principles of the Law of Real Property"; Williams, Principles of the Law of Personal Property "; Jenks, "Modern Land Law"; Hogg, "Conveyancing Precedents and Forms"; Prideaux, "Dissertations on the Law and Practice of Conveyancing," and to such other statutes (see appended list) and decisions relating to these subjects as may be indicated in the lectures. 85.-PROCEDURE IN CIVIL AND CRIMINAL CASES (both before the Supreme Court in its Common Law Jurisdiction, and also before Courts of Inferior Jurisdiction); together with THE LAW OF EVIDENCE AND PLEADING; AND THE CARDINAL RULES OF LEGAL INTERPRETATION (as in force in New South Wales).

The lectures on this subject will comprise :-An account of (1) The system of procedure in Civil and Criminal Cases at Common Law before the Supreme Court and Courts of inferior jurisdiction; (2) The principles of the Law of Evidence; (3) The principles of Pleading; and (4) The more important rules relating to Legal Interpretation.

Text-books and Statutes: -Smith, "Action at Law"; Stephen, "Digest of the Law of Evidence"; Stephen, "The Principles of Pleading in Civil Actions"; Beal, "Cardinal Rules of Legal Interpretation"; the Duchess of Kingston's Case, with notes, from Smith's "Leading Cases"; together with the following statutes (with commentaries where indicated) :-The Evidence Act, 1898; The Small Debts Recovery Act, 1899; The Common Law Procedure Act, 1899 (Rolin and Innes); The Attachment of Wages Limitation Act, 1900; The Crimes Act, 1900, Parts XI., XII., XIII., XIV. (caps. 1 and 4), XV. and XVI. (Hamilton and Addison); The Supreme Court Procedure Act, 1900; The Supreme Court and Circuit Courts Act, 1900; The District Courts Act, 1901 (Foster and Bonthorne), and District Courts Act, 1905; The Judgment Creditors Remedies Act, 1901; The Interstate Debts Recovery Act, 1901; The Jury Act, 1901, Parts VII., IX., X., XI., XII. and XIII.; The Interpleader Act, 1901; The Prohibition and Mandamus Act, 1901; The Arrest on Mesne Process Act, 1902; The Justices Act, 1902; The General Legal Procedure Act, 1902; The Commercial Causes Act, 1903; The Legal Process Facilitation Act, 1904; The Small Debts Recovery (Amending) Act, 1905; The State Laws and Records Recognition Act, 1901 (Federal); The Service and Execution of Process Acts, 1901-1905 (Federal); The Judiciary Act, 1903 (Federal); The High Court Procedure Act, 1903 (Federal); The High Court Procedure Amendment Act, 1903 (Federal); and The Evidence Act, 1905 (Federal). Reference should also be made to such other statutes (see appended list) and decisions relating to these subjects as may be indicated in the lectures.

I

86.-EQUITY AND COMPANY LAW; THE LAW RELATING TO BANKRUPTCY, PROBATE AND DIVORCE (as in force in New South Wales); TOGETHER WITH PROCEDURE IN THOSE JURISDICTIONS.

The lectures on these subjects will comprise :-(1) An account of the general principles of Equity and Company Law, together with Equity Practice; and (2) A series of shorter courses on each of the following (a) the Law and Practice in Bankruptcy, (b) the Law and Practice in Probate, and (c) the Law and Practice in Divorce.

66

Text-books and Statutes :- "Principles of Equity" (Snell), together with the cases of Russel v. Russel, Bassett v. Nosworthy and Penn v. Baltimore, with notes, from White and Tudor's Leading Cases in Equity, Williams, "Personal Property," Part II., ch. 4 (Bankruptcy), and ch. 6 (Companies) (a short summary of the local law on these two subjects will be found in Millard, "Personal Property," pp. 127-166 and 192-218); Walker and Elgood, Executors and Administrators"; Dixon, "Law of Divorce" (omitting parts relating to practice); together with the following statutes (with commentaries where indicated) -The Equity Act, 1901 (Rich, Newham and Harvey); The Companies Act, 1899 (in default of a more recent commentary students are advised to refer to the notes contained in Rolin and Rich on the corresponding provisions of the Acts of 1874 and 1888, and the No Liability Mining Companies Act, 1896); The Bankruptcy Act, 1898 (Salusbury); The Wills Probate and Administration Act, 1898, Part II. (Kemp); The Practice in Divorce, N.S.W., 1899 (Whitfeld); The Trustee Act, 1898; The Trustee Act Amendment Act, 1902; and The Partnership Act, 1892. Reference should also be made to such other statutes (see appended list) and decisions relating to these subjects as may be indicated in the lectures.

APPENDED LIST OF STATUTES.

Ancient Lights Declaratory Act, 1904; The Conveyancing and Law of Property Act, 1898; The Conveyancing and Law of Property (Supplemental) Act, 1901; The Infants' Custody and Settlements Act, 1899; The Children's Protection Act, 1902; The Landlord and Tenant Act, 1899; The Partition Act, 1900; The Registration of Deeds Act, 1897; The Wills Probate and Administration Act, 1898; The Real Property Act, 1900; The Real Property and Conveyancing (Amendment) Act, 1901; Apportionment Act, 1905; The Stamp Duties Act, 1898; The Probate Duties (Amendment) Act, 1899; The Companies (Death Duties) Act, 1901; The Stamp Duties (Amendment) Act, 1904; The Stamp Duties (Deductions) Act, 1904; The Bills of Sale Act, 1898; The Bills of Sale (Amendment Act), 1903; The Money Lenders and Infants Loans Act, 1905; The Liens on Crops and Wool and Stock Mortgages Act, 1898; The Limitation of Actions Act, 3 and 4 Will. IV., c. 27 (adopted by 8 Will. IV., No. 3), and 5 Vict., No. 9, s. 39, 40 and 41 (or Acts consolidating or superseding the same); The Married Women's Property Act, 1901: The Trade Marks Act, 1900; The Trade Marks Act, 1905 (Federal); The Patents Act, 1899; The Patents Act, 1903 (Federal); The Copyright Act, 1879; The Copyright Act, 1905 (Federal); The

Inheritance Act, 1901; The Equity Aet, 1901; The Trustee Act, 1898; The Trustee Amendment Act, 1902; The Companies Act, 1899; The Companies Act Amendment Acts, 1900, 1906, and 1907; The Partnership Act, 1892; The Claims against the Government and Crown Suits Act, 1897; The Claims against the Government and Crown Suits Amendment Act, 1904; The Employers Liability Act, 1897; The Factors Act, 1899; The Compensation to Relatives Act, 1897; The Bills of Exchange Act, 1887; The Negotiable Instruments Procedure Act, 1901; The Forfeiture of Leases Act, 1901; The Forfeiture and Validation of Leases Act, 1905; The Common Carriers Act, 1902; The Defamation Act, 1901; The Life, Fire and Marine Insurance Act, 1902; The Life Assurance Companies Act, 1905 (Federal); The Innkeepers Liability Act, 1902; The Crimes Act, 1900; The Witnesses Examination Act, 1900; The Supreme Court and Circuit Courts Act, 1900; The Supreme Court Procedure Act, 1900; The Judgment Creditors Remedies Act, 1901; The Interpretation Act, 1897; The Acts Interpretation Act, 1901 (Federal); The Acts Interpretation Act, 1904 (Federal); The Bankruptcy Act, 1898; The Matrimonial Causes Act, 1899; The Contractors Debts Act, 1897; The Coroners Act, 1898; Masters and Servants Act, 1902; The Deserted Wives and Children Act, 1901; The Infant Protection Act, 1904; The Neglected Children and Juvenile Offenders Act, 1905; The Police Offences Act, 1901, Parts I. and II.; Service and Execution of Process Acts, 1901-1905 (Federal); The Marriage Act, 1899; The Legitimation Act, 1902; The Pawnbrokers Act, 1902; The Games, Wagers and Betting Houses Act, 1901; The Usury, Bills of Lading and Written Memoranda Act, 1902; The Sea Carriage of Goods Act, 1904 (Federal); The Arbitration Act, 1902; The Lunacy Act of 1898; The Secret Commissions Act, 1505 (Federal).

ADMISSION OF BARRISTERS

Certain privileges are conceded to Graduates and Third Year Students of the University in respect to the conditions necessary for admission to the Bar. As to these, candidates are advised either to refer to the Rules for the admission of Barristers (see Law Almanac), or to apply for information to the Secretary of the Barristers' Admission Board, Supreme Court.

ADMISSION OF ATTORNEYS.

The following are extracts from the Rules of the Supreme Court for the admission of Attorneys, which refer to Examinations held at the University:

The degree of Bachelor of Laws of the University of Sydney obtained by an Articled Clerk who has attended the law lectures appointed by the said University shall exempt him from passing the Intermediate Law Examination and sections 1, 2 and 3 of the Final Examination: Provided, however, that he shall be required to pass section 4 of the Final Examination, and to give all notices and pay all fees as required by the existing Rules in the case of an Articled Clerk proceeding to Final Examination.

Every person desirous of entering into Articles of Clerkship who shall not have taken a Degree in the University of Sydney, or in some other University recognised by it, shall, before approval of such Articles, produce

« AnteriorContinuar »