If the prize fight terminated fatally, of what offence, if any, would each of those persons be guilty?

10. (a) Define burglary, and state whether it is essential on a presentment for burglary to prove an actual entry by the accused.

(b) Can a wife be convicted of larceny of her husband's goods?

(c) Upon a presentment for receiving stolen goods, how may the guilty knowledge of the prisoner be proved?

11. What offence, if any, has been committed in each of the following cases:—

(a) A, a cabman, is handed a sovereign by Bin mistake for a shilling. A discovers the mistake at once but retains the sovereign.

Would it make any difference to your answer if the mistake was not discovered until an hour afterwards?

(b) A orders a meal in a restaurant. He made no representation at the time as to his ability to pay, nor was any question asked him with regard to it. After the meal he said he was unable to pay and that he had (as was the fact) only one halfpenny in his possession.

(c) A intending to murder B, shoots at and wounds C, supposing him to be B.

(d) A takes up a gun, not knowing whether it is loaded or not, points it at G, and pulls the trigger. G is shot dead.

In each case give the reasons for your answer.

Can A

:

12. A's servant embezzled £10 of his money. safely accept either of the following offers :(a) An offer by the servant to repay the £10 if A will agree not to prosecute him?

(2) An offer by the servant's father to pay A the £10 if he will agree not to prosecute the servant? Give the reasons for your answer.

THE LAW OF WRONGS AND THE LAW OF PROCEDURE.

SECOND PAPER.

Mr. Woinarski.

1. A workman is injured in circumstances which entitle him to sue his master under the Employers Liability Act. State fully what statutory procedural requirements he must fulfil in proceedings against his master.

2. What steps are to be taken to proceed to judgment in an action in the Supreme Court, on default of appearance,

(a) when the writ is indorsed for a liquidated sum,

(b) when the writ is indorsed for pecuniary damages,

(c) when the writ claims a declaration that certain acts of a trustee were breaches of trust and for the removal of the trustee from his office?

3. A contract made with X by B as agent for Cis broken. X is in doubt whether C did in fact authorize the contract, and whether he should sue B for breach of warranty of authority, or C as the principal. Can X join B and C as codefendants in the one writ?

Suppose X issued his writ against B only, for breach of warranty of authority, and in the progress of the action ascertains that he may be able to prove that C did authorize the contract, can he, and how, add C as a party? Give your

reasons.

4. (a) How should partners appear to a writ when they are sued in the name of the firm?

(b) How is a writ served on an infant defendant? How should the infant appear? How should the plaintiff proceed in default of appearance by infant?

5. (a) Will a payment into Court by a defendant amount to an admission, and if so, to what extent? Can the defendant in any, and what cases, prevent his payment into Court so operating, and if so, how?

(b) Are there any and what restrictions in the questions which a plaintiff, who has obtained leave to interrogate a defendant, may ask?

6. A plaintiff desires to obtain a detailed list and

inspection of all the documents in the defendant's possession. State fully the procedure to be followed.

7. What must be done under the provisions of the Administration and Probate Act 1890 and the rules thereunder, to render a voluntary settlement which contains trusts or dispositions to take effect upon the settlor's death, valid and effectual?

8. (a) What is a relevant fact? May the same fact be relevant on one issue and not on another? Give instances.

(b) What is meant by "leading questions"? How far are they allowable in examination in chief and cross-examination respectively?

(c) To prove that a document is in the handwriting of a person deceased, it is proposed to call a merchant's clerk to say, "I never saw the deceased, but I have often written to him on my master's business and seen his replies to my letters; so I know his handwriting." Is this evidence admissible or not, and why?

(d) In an action of debt, the defendent desires to give evidence that he paid the plaintiff money himself and that the plaintiff gave him a receipt for it. He does not produce the receipt. Is this evidence admissible or not, and why?

9. What must be proved by a wife to entitle her to a decree of Judicial Separation? In what circumstances and by what procedure can her husband obtain a reversal of such decree?

10. A judgment is obtained against the firm of B and Co. for a debt of the firm in which X, Y, and Z are partners. Against what property and in what manner can execution be obtained?

11. (a) Who may be parties to a reference to arbitration?

(b)

What matters may be referred to arbitration? (c) If an arbitrator makes a mistake either of law or fact which materially affects his award, has the injured party any means of getting redress?

12. Explain the terms-Interlocutory injunction, writ of replevin, special damage, action on the case, Full Court, a departure in pleading.

EQUITY AND INSOLVENCY.

Mr. Neighbour.

1. Explain and illustrate the following maxims, and state the limitations to which each is subject:— (a) Equity will not by reason of a merely technical defect suffer a wrong to be without a remedy.

(b) Equity looks on that as done which ought to have been done.

2. Discuss the nature of a conveyance upon trust for the benefit of creditors.

A by deed assigned the moneys assured by a policy upon his own life to trustees, who were creditors of his, as security for the payment to certain creditors, parties to the deed, of the several debts therein mentioned. B, one of these creditors, did not execute the deed, and it was never communicated to him.