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General principles (without details) of temporary roads and bridges.
REFERENCE BOOKS.-Manual of Military Engineering (1905), Combined Training (1905).
MILITARY ADMINISTRATION AND LAW.
COURSE OF TEN LECTURES.
ADMINISTRATION-Lt.-Col. Irving, Commonwealth Instructional Staff.
The general principles of the administration of an army in peace and its development in war.
The organization of units in peace and in War.
Commaders and Staff-Distinction between them and Regimental Officers; their duties.
Characteristics and duties of each arm.
Equipment, rations and clothing.
Supply and transport in war.
The organization of the Australian Defence Force as a whole, and its central administration.
MILITARY LAW-Major V. le Gay Brereton.
Military Law-The application of military law.
Crimes and punishments; military and civil offences; civil
Arrest; investigation by the C.O.; summary punishment.
The law of evidence.
Enlistment and discharge
Modification of the civil law in respect to soldiers; military law in relation to civilians; use of troops in aid of civil power.
War-Compulsory enlistment; requisitions for transport,
War-The duties of the General Staff.
FACULTY OF LAW.
The following Regulations have been passed by the Senate:
1. A Class Examination shall be held at the end of each term by each member of the Teaching Staff in the subject matter of his lectures for the Term, and a report of the results of each examination shall be forwarded to the Registrar to be laid before the Faculty.
2. Every candidate for the degree of LL.B. shall be required to produce certificates from the Lecturer in Procedure and the Lecturer in Equity that he has during his law course attended in court and taken a satisfactory note of such cases as shall be approved of by the said lecturers.
LECTURE AND EXAMINATION SUBJECTS FOR THE DEGREE OF LL.B. 79.-JURISPRUDENCE, LEGAL HISTORY, AND THE ELEMENTS OF POLITICAL SCIENCE.
This subject will include: (1) An enquiry into the nature and relation of certain fundamental legal conceptions, together with a sketch of their historical development; (2) The outlines of English legal history; and (3) The elements of political science.
Students are recommended to read Holland, "Elements of Jurisprudence"; Austin, "Jurisprudence (Student's edition), Introduction and Part I., ch. 1, 5, 6, and 11; Maine, "Ancient Law"; Carter, History of English Legal Institutions"; and Sidgwick. "Elements of Politics." Reference may also be made to the following works, and especially to such parts thereof as may be indicated in the lectures :-Austin, “Jurisprudence (Student's edition), Parts II. and III.; Pollock, First Book of Jurisprudence"; Maine, Early Institutions," Early Law and Custom," and Village Communities"; Jenks, History of Politics;" Bryce, "Studies in History and Jurisprudence"; Bentham, Theory of Legislation" (by Dumont); Farrer, "The State in relation to Trade"; and Jevous, The State in relation to Labour"; and Dicey, Relation between Law and Public Opinion in England during the 19th Century."
This subject will include:-(1) The history of the sources of Roman Law, together with an account of the administrative and
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).
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.
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.
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.
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 :-) 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,
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.