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1. Contrast the Constitution and Powers of the Witanagemote with those of the House of Lords.

2. Write an account of the history of the judicial powers of the Privy Council from the time of the organization of the Court of King's Bench to the present day.

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3. Describe the writ of Writ of Attainment. Account for its disuse.

4. Trace the growth in powers of the House of Commons during the reigns of the fourth, fifth and sixth Henry.

5. Write short notes on :

(a) Qualification of blood and property of candidates for the English House of Commons.

(6) Simon De Montfort.

6. Give evidences and causes of the servility of Henry Eighth's Parliament?

7. What were the provisions of the Petition of Right?
8. Discuss Bates' case. (Impositions.)

9. Give the history of English Legislation upon the duration of Parliaments ? Is the present English parliamentary term too long?

10. Septennial Act, section 6, excluded the salaried advisers of the Crown from Parliament. Discuss the policy of that legislation.

11. Give account of the Reform Bills of 1832, 1867, 1885.

12. What effect has the demise of the Crown upon the duration of a parliament, in England, Canada, New Brunswick ?

INTERNATIONAL LAW

Examiner...

PROFESSOR WELDON.

THIRD YEAR.

TIME: THREE HOURS.

1. What are the principal sources of International Law ? Name the principal writers on the subject in what you conceive to be the order of their importance.

2. Compare generally the scope of the ancient Jus Gentium with that of the modern International Law. To whom is the latter phrase due and what was apparently the object of its introduction ? Is International Law, law, properly so-called ? How do its sanctions compare with those of municipal law ?

3. State the rule of International Law as to rights and obligations of allies and principals in war, and deduce the consequences thereof.

4. What are the rights accorded by international usage to aliens as distinct from particular statutes of municipal law and as distinct from the rights of citizens or subjects of a state.

Give some account of the recent treaties by which the conditions of voluntary expatriation are determined

5. Trace the office of Consul as known to International Law from its earliest constitution to the present time. Compare the position of Consul with that of Ambassador.

6. “A war duly declared and officially recognized is not merely a contest between the governments of the hostile states, on the contrary, its first effect is to place every individual of the one state in legal hostility to every individual of the other, and these individuals retain the legal character of enemies, in whatever country they may be found."

State the main consequences deducible from this doctrine, with the limitations to which they have in some cases been subjected.

7. “Free ships make free goods.” Explain and comment on this maxim.

8. Present an argument for the British side of the Alabama dispute.

9. Give a brief account of the dispute between England and the United States on the Fishery Question. What is the latest phase of the dispute ? Argue for the contention of the United States.

10. Sketch the history of the practice followed by England and by the United States respectively on the subject of the extradition of criminals. What is the actual state of the law in both countries ?

TORTS.

FIRST YEAR.

TIME: Two HOURS.

2.

Examiner

..... JOHN Y. PAYZANT, A. M. 1. Quote the legal maxims respecting the elements of a tort. What qualifications of these maxims in connectioa with some branches of the law of torts can you mention ?

State shortly the grounds of the judgment in Pasly v. Freeman, and the points of the dissenting judgment.

3. What different kinds of implied misrepresentation can you name?

4. On what ground, independent of statute, is a defendant liable for having infringed a plaintiff's trade mark ?

Describe briefly the current of judicial decision on this subject.

5. A. falsely and publicly charges B. with drunkenness—drunkenness being an offence punishable according to the law of the land by imprisonment. B. suffers no damage from the charge. Is A. liable in an action for slander ?

(b) B. is a sea captain in the employ of a shipping firm. A. with a view of injuring B. in the estimation of his employers, falsely tells them that B. is guilty of gross licentiousness while trading at foreign ports. B. is reprimanded but not discharged from his office. Is A. liable ?

(c) A. swears to an affidavit falsely charging B. with arson and procures a warrant from a magistrate for bis arrest. Is A. liable to an action for libel ?

6. A. sells liquor under a license ; his neighbor B., being desirous of ridding the neighborhood of what he considers an evil, quietly induces C., from whom A. has purchased a quantity of liquor, not to deliver it to him. Has A. any right of action against B ?

7. (a) What is the difference between trespass to personal property and conversion ?. (6) What was decided in Fouldes v. Willougby?" (c) On what ground is a bare possession, without title, sufficient to support an action for a conversion ?

a

8. What is the law as to the necessity of a demand and refusal before bringing an action for conversion of plaintiff's goods ?

9. Illustrate and explain the doctrine of Causation in the law of negligence.

10. A. is the owner of a line of busses. B. is one of his drivers. C. another servant of A , while driving A.'s wife in his private carriage is run into and injured by B. through his careless driving. Has C. a good cause of action against A, for the injury received ?

a

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1. W’hat is meant by a foreign marriage? When has the English court jurisdiction to dissolve a foreign marriage ?

When will the English court recognize a foreign divorce ?

What is the authority of the Canadian Parliament and of the Provincial Legislature respectively on the matter of divorce legislation ?

2. What law determines whether one dies fntestate or not?
What law is applied to interpret a will ?

Is the domiciliary administrator of a foreign will entitled as of right to administer the personal estate situate in New Brunswick ? What is the practice?

3. Capacity to contract is determined by the law of the domicile.” Discuss this dictum fully. Does it apply to contracts of marriage ?

4. A French S. S. Co., contracts in Halifax to carry a passenger from Halifax to Havre. English and French laws conflict as to the liability of the Company for damage to passenger's luggage which fell into the dock at Halifax.

Which law determines the liability of the Company ?

(6) Would you give a different answer if the accident had happened in the French dock?

(c) Would you give a different answer if the facts were as in the first case- except that the Company was English.

5. When will foreign delicts be held to be torts in this country? Discuss Phillips v. Eyre.

6. Action in Halifax on French Bill. Endorsee v. Endorser. Notice of dishonor too late by lex fori, in good time by French law, Which law will determine plaintiff's right ?

INSURANCE.

Examiner

.MR. GRAHAM, Q. C,

THIRD YEAR.

TIME: TWO HOURS.

1. Must a contract of Marine Insurance be in writing ? Describe the nature of the slip. the delivery of the policy essential to the completion of the contract. State the case of Xenos V, Wickham, or the point of it as to delivery.

2. Explain fully the difference between a voyage policy and a time policy, including the legal consequences resulting from the difference,

4.

3. What is the difference between an actual and a constructive total loss? What circumstances will justify a notice of abandonment?

State generally what risks are covered by the term “perils of the sea.” Is a loss by fire included ? A policy mentions among the risks insured against “perils of the sea, men-of war, fire, enemies, pirates, rovers, etc., and all other perils, losses, and misfortunes that shall come," etc. Does it cover a loss occasioned

(a) By an explosion of steam ky the bursting of a marine boiler.

(6) By rats gnawing holes in the ship's bottom rendering her unfit for sea.

(c) By rats gnawing through a leaden pipe and letting in water which sinks the ship.

(d) By worms.

5. What losses are covered by the term “barratry of the master and mariners."

6. Explain the terms, general average, particular average, valued policy, wager policy, causa proxima, deviation, jettison, and the expressions “lost or not lost,” interest or no interest.” What is the law as to wager policies ?

7. What are the implied warranties in a contract of marine insurance ?

8. What is the object and scope of the suing and laboring clause.

9. A policy of marine insurance contains the following memorandum :

(1) Corn, fish, salt, fruit, flour and seed are warranted free from average unless general, or the ship be stranded.

(2) Sugar, tobacco, hemp, flax, hides, and skins are warranted free from average under 5 per cent.

(3) And, all other goods, also the ship and freight are warranted free of average under 3 per cent, unless general or the ship be stranded.

Explain and comment upon the above memorandum. By what name is it generally known ?

CONSTITUTIONAL LAW.

Examiner..

PROFESSOR WELDON.

SECOND YEAR.

TIME: THREE HOURS.

(Give reasons in all cases.) 1. How far are English Statutes in force in the Colony of Nova Scotia ? Answer at length and give illustrations. Give the substance of the Colonial Laws Validity Act, Imp., 1865.

2. What is the origin of the Common Law of England.

3. 22 Geo. III., C 75, Imp. provides for the removal of a judge of a Superior Court in a British Colony.

Has S. 99 of B. N. A. Act touching the same matter virtually repealed the former Act?

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