11. State shortly the respective rights and duties of partners inter se.

12. What must be contained in the memorandum of association of a company limited by shares?

THE LAW OF WRONGS.

The Board of Examiners.

1. Define "negligence" as giving a cause of action. Explain what is meant by "contributory negligence," and what is its effect upon an action for negligence?

2. The grass is set on fire by a spark from a locomotive engine on the Victorian Railways, and great damage is thereby done to A's property. There had been no negligence in the management of the engine, and the Victorian Railways Commissioners had taken all scientific precautions to prevent the escape of sparks. Can A maintain an action against the Commissioners? Give reasons for your answer.

3. A bought a gun from B, informing him that it was for the use of himself and his sons. B fraudulently represented the gun to be sound. Whilst one of A's sons was using it, it burst in his hands and injured him. Discuss the rights of the son (if any) against B.

4. In order to successfully maintain an action for libel, what must the plaintiff prove?

5. Explain the nature of the defence of truth (1) to an action, and (2) to a prosecution for libel.

6. A brings an action of libel against B. At the close of the plaintiff's case the judge rules that the occasion of the publication was privileged. What must be done to enable the plaintiff to succeed? What is meant by "publication" in connexion with the law of defamation?

7. In what cases of slander is it unnecessary for the plaintiff to prove special damage?

What is

8. What statements are absolutely privileged " according to the law of defamation? meant by "qualified privilege?"

9. In what cases can a defendant justify his conduct in an action for "assault" or "battery?" Distinguish between "assault" and "battery."

10. A fire starts in A's house and extends to B's, which it burns down. (1) The fire was accidental, (2) it arose through the negligence of A's servants. Discuss the liability of A (if any) to B in each case.

11. Define "larceny," "burglary," "arson." "arson." In a prosecution for obtaining money, &c., under false pretences, what must the prosecutor prove?

12. State shortly the law as to "insanity" as a defence to a criminal prosecution.

THE DOCTRINES OF EQUITY AND THE GENERAL PRINCIPLES OF PROCEDURE.

The Board of Examiners.

1. Explain and illustrate the maxim, "Equity looks to the intent rather than to the form."

2. Explain and illustrate the maxim, "Equity imputes an intention to fulfil an obligation."

3. Define, and explain the distinction between(a) A "Trust executory."

(b) A "Trust executed."

4. State the Rules of Equity which govern the Court as to the enforcement of " voluntary trusts" as distinguished from "Trusts for valuable consideration.”

5. State the exception to the general rule in Equity that the Court will not decree Specific Performance of agreements respecting personal chattels.

6. In actions to compel Specific Performance of agreements respecting land, what acts does Equity "Part Performance"?

treat as

7. Explain the maxim, “ Audi alteram partem.”

8. Explain the maxim, " Cursus Curiæ est lêx Curiæ."

9. In an action in which the Supreme Court has jurisdiction, but in which action the defendant is resident in a foreign jurisdiction, what is the mode of proceeding in the case of

(a) An alien ?

(b) A British subject?

10. In what classes of cases are the following remedies applicable:

11. In an application for a new trial of an action upon the ground of the "misdirection" or of the "improper admission or rejection of evidence," what is the main principle which, under the judicature rules, should now govern the Court in granting or refusing a new trial ?

12. If a judge at the trial of a presentment in a criminal case refuse the request of the counsel of the accused to reserve a question of law raised at the trial for the opinion of the Full Court, what, if any, remedy has the accused person after conviction by the jury?

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.

FIRST PAPER.

The Board of Examiners.

1. Describe fully the adjustments of the following instruments, giving the reasons for same

(a) The Transit Theodolite, (b) The Dumpy Level, (c) The Sextant.

NOTE. This question must be answered fully.

2. Discuss the methods of determining the true meridian that you are acquainted with.

3. Describe fully the methods adopted in connecting the surveys of surface and underground workings in a mine.

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.

SECOND PAPER.

The Board of Examiners.

1. A line as chained on slope between two points passes over the summit of a hill. The measurements recorded are as follows:-From starting point to summit of hill 1,100 feet, slope 30, average temperature of measuring tape 70°; from summit of hill to finishing point 1,600 feet, slope 4o, average temperature of chain 84°.