II. Specimen Paper. (Time, 3 hours.) 1 Enumerate the various defences that can be set up to an action on simple contract: classing separately those by which the obligation is denied to have arisen, and those by which the obligation is alleged to have been extinguished. Give a specific illustration in any kind of contract you please. 2. Under what head of evidence do you class estoppels? What is meant by the rules Estoppels must be certain to every intent: Estoppels must be reciprocal: and how are such rules reasonable? State the chief conclusive presumptions laid down by the law with respect to infants. 3. Mention disputable presumptions of law attaching to partnership, to the ostensible relation of marriage, to the proved relation of marriage, to contracts under seal, to bills of exchange. 4. Examine the conditions under which evidence is allowed to be given of a declaration, that has been made in the course of business by a person who is not put into the witness box. A in the course of his office or business has made a written entry be available towards the judicial discovery of the truth of the fact Give the reasons for your answers. 5. A business entry is made by a principal in the business. Explain under what circumstances the sanction which makes the entry of a subordinate admissible as evidence applies to the entry of the principal. 6. Evidence is given of an act done by A (party to the suit) or by B (A's agent in the transaction out of which the suit has arisen) bearing on the mean issue, but equivocally, until explained. Show by positive and negative instances the limits within which evidence of statements made by A, or by B, will be admissible to fix the intention with which such act was done. 7. State what the party who calls upon a Court of Error to grant a new trial, on the ground of the wrongful admission, or wrongful rejection, of evidence by the Court below, must be prepared to show. Criminal Law. I. Specimen Paper. (Time, 3 hours.) 1. What do you understand by a "criminal act?" And what tests are applicable for determining whether an act is criminal or not? 2. What is "felony?" And what is "misdemeanour? between them. Distinguish 3. Specify some ordinary offences (1) against the person, and (2) against property. 4. How is a person who has committed a criminal act usually brought to justice? 5. State shortly in what cases the Coroner has jurisdiction, and the nature of proceedings before him. 6. Which of the three superior Courts of Common Law has jurisdiction in criminal cases? 7. What is the ordinary course of criminal procedure before a Justice of the Peace? 8. Suppose that a criminal, against whom a Justice for county A has issued his warrant, passes into county B before the warrant has been executed; what course is to be adopted? 9. What are the functions of a Grand Jury? 10. What is an indictment? Write down the form of an indictment for murder and for manslaughter. II. Specimen Paper. (Time, 3 hours.) 1. Define the offence of larceny. 2. Is there, at common law, any period of limitation in criminal procedure? 3. Suppose that A assaults B on the King's highway, no police constable being within sight; in what manner may B proceed criminally against A? 4. How may the attendance of witnesses be compelled before a Justice of the Peace? 5. In what cases is it discretionary with a justice of the Peace to take bail? Should he improperly decline to do so, what course is open to the accused? 6. What is a Habeas Corpus ad subjiciendum? 7. Suppose that a prisoner, when put to the bar and arraigned, refuses to plead, what course is to be adopted? 8. What is a jury de medietate? and when may it be demanded? MERCANTILE AND COMMERCIAL LAW. 159 10. In what cases does the Attorney-General ex officio institute criminal proceedings? 11. When may the House of Lords become the ultimate tribunal for determining a Crown case? 12. What statutes have recently been passed for consolidating the criminal law of England? Are any alterations or amendments made in our law by these statutes? Mercantile and Commercial Law. Set to Candidates for the Consular Service. I. (Time 2 hours.) 1. What is meant by the consideration of a contract? Must the consideration be expressed, in order to make a written contract binding? Is a moral consideration a sufficient consideration? When is a consideration said to be executed and when executory? 2. If a bill of exchange in the hands of the indorsee is dishonoured, what steps must the indorsee take in order to recover on the bill, and against whom will his action lie? 3. What is meant by the terms "charter-party," "bottomry," 99 66 respondentia,' ," "general average," and "demurrage "? 4. What is the right of stoppage in transitu, and when can it be exercised? 5. Under what circumstances can a passenger be compelled to assist in working the vessel ? 6. What is the evidence required to show the ownership of a British ship? 7. What kinds of damage are indicated by the following expressions: "acts of God," "perils of the sea,' ," "barratry," takings at sea," and "jettison"? 8. When do contracts by one partner bind the firm? 9. What is meant by a shipowner's lien for freight? 10. What is the limit of time within which actions on simple contracts can be generally brought? In what manner can demands be kept alive, so as to be enforceable after the usual limit of time has been passed? 11. Under what circumstances will a seaman quitting his ship not be guilty of desertion? II. (Time 2 hours.) 1 What is fraudulent preference by an indebted trader? What circum stances tend to show that this character belongs to a particular act, and what to show the contrary? 2. When the voyage of a ship is suspended unavoidably for repairs, will freight continue to run against the merchant? How does this depend on the form of the agreement? 3. What are the statutory rules respecting the time at which the master or owner of a foreign-going ship is to pay the seamen their wages? What rules must the master observe as to keeping and giving in his accounts with the seamen ? 4. When the voyage of a ship, so far as the underwriters' risk is concerned, is to end when she has been moored 24 hours in good safety, whence arises the importance of the expression "in good safety "? 5. When a surety has paid the debt of his principal, what rights does the law give him (1) against his principal, (2) against co-sureties? Along with questions 1, 2, 3, 4, 5, 6, 7, of No. 1. POLITICAL ECONOMY. Specimen Paper. 1. What commodity does Adam Smith regard as the measure of the value of other commodities, and on what grounds? 2. How is it that the profits in some employments are greater than in others? 3. What is Adam Smith's view of the rent of land, and in what respect does it differ from that of later writers on the subject? 4. What is meant by a legal tender? What is the law on this subject in England? 5. Compare the advantages and disadvantages of a metallic and a paper currency. 6. Explain and illustrate the difference between productive and unproduc tive labour. 7. Show, in detail, how moral qualities may have an economical value. 8. Define capital. Explain and illustrate the difference between fixed and circulating capital. 9. How is the real wealth of a nation to be measured? 10. Explain the nature and effects of Trades' Unions. II. Specimen Paper. (Time, 3 hours.) 1. In what sense does an increase of the currency 'quicken industry'? Illustrate by examples. 2. Under what circumstances can the largest revenue be raised--when wealth is accumulated in few hands, or when it is distributed among many persons? 3. In what way is the price of commodities in the United kingdom varied by the character of its foreign trade? 4. What is the use of a banker? How does he obtain his profit? 5. Peasant proprietorship. Is the expediency of encouraging this form of tenure affected by the character of different agricultural operations? 6. Criticise Mr. De Quincey's theory of supply and demand in their effect upon prices. 7. All taxation is an evil.' In what sense is this statement true? 8. What constitutes the capital of a country? 9. What is communism? Can you give any illustrations of it from the social life of communities? 10. What was the colonial system'? What is the present economical value of her colonies to the United Kingdom? RELIGIOUS KNOWLEDGE. (THE BIBLE.) (Time allowed, 8 hours.) 1. Sketch briefly the life of Abraham. 2. In what respects are Isaac, Joshua, David, and Jonah " types" of our Lord? 3. Narrate the circumstances that led to the captivity of the Ten Tribes. 4. What do you know of the Samaritans? On what occasions are they mentioned in the New Testament? 5. Write down the names of the Twelve Apostles, and mention any other names or appellations by which any of them are called. 6. Give the substance, and as much as you can of the words, of our Lord's answers on the following occasions :— (a) When his disciples asked, "Why then say the scribes that Elias must first come." "" (b) When they asked, "Did this man sin, or his parents, that he was born blind. ?" (c) When Philip said, "Show us of the Father, and it sufficeth us. (d) When Peter asked, "Lord, and what shall this man do?" 7. Sketch a map of Palestine, as large as your paper will permit, and mark on it the course of the Jordan, the Sea of Tiberias, the Dead Sea, and the situation of Jerusalem, Jericho, Samaria, Cæsarea, Cæsarea Philippi, Capernaum, Nazareth, Cana, Hebron. S. Write out, as nearly as you can in the words of the Bible, the parable of the Labourers in the Vineyard. What lesson was it intended to convey (1) to those who heard it, (2) to us? 9. What was the charge brought against Stephen? How did he answer it? Describe the circumstances of his death. 10. Give a brief outline of the substance of any one of St. Paul's Epistles. |