THE LAW OF WRONGS. The Board of Examiners. 1. The owner of a horse and cart left them unwatched in the street. Some children came up and began playing about the cart, and as one of them, the plaintiff in the cause, was climbing into the cart another pulled the horse's bridle. The horse moved on, and the plaintiff fell down under the wheel of the cart and was injured. Discuss the liability of the owner of the cart. 2. The defendant caused his van to be washed in a public street, contrary to the Metropolitan Police Act. The water ran down a gutter, and would, in fact, but for a hard frost which had then set in for some time, have run harmlessly down a grating into the sewer at a corner some 25 yards from where the van was washed. As it happened, the grating was frozen over, and the water spread out and formed into a sheet of ice, and the plaintiff's horse slipped on the ice and broke its knee. Discuss the liability of the defendant. 3. Explain shortly the effect of the maxim "Actio personalis moritur cum personâ.” 4. Under what circumstances is a master held to be liable for injury caused by his servant? Illustrate your answer by decided cases. 5. Discuss the liability of a Judge for any acts done or words spoken in his judicial capacity in a Court of Justice. 6. The plaintiff, driving a cab, was run down by a van, negligently driven by the defendant's servant. The cab was damaged, and the plaintiff was personally injured. He sued and recovered damages for the injury to the cab. Can he bring a further action for damages for his personal injuries? Give reasons for your answer. 7. State the principal grounds of defence to an action for arrest and imprisonment. 8. Define "malice" as an ingredient in an action for malicious prosecution or malicious arrest. What are the respective functions of the Judge and the Jury in an action for malicious prosecution? 9. Explain what is meant by "privilege" as a defence to an action for defamation. Into what classes is "privilege" divided? Give an illustration of each. Distinguish between the defence of "privilege" and that of "fair comment." 10. Distinguish between public and private nuisances. Give an example of each; and what are the remedies in either case? 11. Discuss the defence of insanity in a criminal charge. 12. Define murder, manslaughter, bigamy, arson, and larceny at Common Law. DOCTRINES OF EQUITY AND PRINCIPLES OF PROCEDURE. The Board of Examiners. 1. Explain and illustrate in reference to the law of Evidence the following maxim: "Res inter alios acta alteri nocere non debet." 2. Explain and illustrate in reference to the law of Evidence the following maxim : "Nemo tenetur seipsum accusare." NOTE.-A mere translation from the Latin of the above maxims will not be sufficient. 3. Explain and illustrate the following maxim of Equity: : Delay defeats equities-Vigilantibus non dormientibus æquitas subvenit." 4. Explain and illustrate the following maxim of Equity : "Equality is Equity or Equity delighteth in Equality." 5. Describe the doctrine of "Election" in Equity. 6. Describe the distinction between "Satisfaction and "Performance" as those terms are used in Equity. 7. What is the equitable_principle by which a Defendant is allowed in Equity to set up a parol variation of a written contract (required to be in writing under the Statute of Frauds) in defence to an action to compel specific performance of the written contract? 8. To what matters is "Third Party Procedure" limited? 9. What are the exceptions to the rule that Hearsay or Second-hand evidence is inadmissible? 10. To what extent does Part VI. of the "Crimes Act 1891" alter the Common Law under which the accused upon his trial for a criminal offence was neither competent nor compellable to give evidence? 11. In what classes of cases are " Exemplary Damages" recoverable? 12. To what Tribunal and in what cases does an appeal lie from a decision of the Supreme Court of the colony? ADVANCED SURVEYING. FIRST PAPER. The Board of Examiners. 1. The following levels were taken on a line of main road. Plot the section to a suitable scale, and arrange economical grades not exceeding 1 in 16 in steepness. Work out formation levels, depth of cutting, and height of bank; fix waterways; and state your reasons for the course adopted in each case: 40 river, moderate current, flood level 63. 15 100 20 90 28 29 50 2. Write a short essay on the selection of sites for townships, and the laying out of streets, parks, recreation grounds, &c. 3. By what considerations would you be guided in fixing the fence lines of a railway? |