XII. State the facts and points decided in Lickbarrow v. Mason and Chandelor v. Lopus.

XIII. What are the peculiar defences available where an agent sues in his own name upon a contract made for an undisclosed principal and where the principal sues upon the contract?

TUESDAY, 15TH FEB., 10 A.M. TO 1 P.M.

TORTS AND CRIMINAL LAW.

H. H. SHEPHARD, M.A.

I. According to Roman Law a delict presupposes either dolus or culpa. Do all torts in English Law imply corresponding moral qualities ?

II. The officer of a corporation commits a fraud amounting to an offence for the benefit and on behalf of the corporation. Who is liable, whether civilly or criminally, and on what considerations does the liability depend?

III. On what principle do actions in respect of some torts die with the person injured, while those in respect of others survive ?

IV. A horse-dealer, knowing that a horse is vicious, sells it with a warranty of freedom from vice to a person, who innocently resells it to another with the same warranty. Has the last mentioned buyer any remedy against the dealer for injuries sustained in consequence of the viciousness of the horse?

V. Distinguish negligence from rashness-public from private nuisance-criminal negligence from negligence as an actionable

wrong.

VI. A merchant deals with an agent on the faith of his representation that he has authority to act for another merchant. It turns out that the agent had in fact no such authority, though he supposed he had. Is he liable on account of the misrepresentation for damages incurred by the merchant in consequence of the absence of alleged authority?

VII. What is the rule laid down in the leading case of Merryweather v. Nixan? State the limitations which have been put upon it.

VIII. Can under any circumstances an act done solely with a view to annoy another become on that account a tort, which would not otherwise be one?

IX. Six persons asserting a claim of right which is in fact absurd and impossible, insist on entering on the close of another? Can they be charged for any offence, or be made responsible in damages as for a tort?

X. Distinguish preparation to commit an offence from an attempt.

XI. State the rule laid down in the case of Fletcher v. Rylands, with the limitations since put upon it.

XII. A person charged with the offence of publishing and selling obscene books pleads in defence that his motive was a good one, viz., to expose the vices of some religious sect. Does such plea constitute any defence?

XIII. It is commonly said that a libel is only aggravated by the matter alleged being true. How far does the law recognize this proposition ?

TUESDAY, 15TH FEB., 2 TO 5 P.M.

HINDU AND MUHAMMADAN LAW.

T. MUTTUSAMI AIYAR, B.L.

I. Explain the Hindu theory of Sapindas and Samanódakas, and mention the ceremonials to which it refers.

II. Name those who are heirs under the Indian Succession Act, but not under the Hindu Law, and state the ground of exclusion in each instance.

III. Compare the Bengal and Madras Law as to the position which sisters and their sons hold in the line of heirs according to the Mitakschara. Give your own opinion.

IV. Is a bachelor or a eunuch competent to adopt? Cite texts and precedents from the practice of Hindu sages.

V. Give a summary of the arguments for and against the position that the consent of any Sapinda, including even that of the person

who gives his own son in adoption, is sufficient authority for a widow to adopt.

VI. Explain how commentators on the Smrithi law have adapted it to the requirements of social progress. Give examples.

VII. To what extent and for what reasons have British Courts of Justice departed from the Mitakschara with regard to the following doctrines?

(a.) No co-sharer has a several interest in any part of the
common property.

(b.) No Hindu father is ordinarily competent to alienate,
as against his sons, any immovable property.
(c.) Property inherited by a woman is Sthreedhana.

VIII. Compare the status of a married woman under the English and Hindu Law.

(a.) As to the unity of person.

(b.) The extent to which the property acquired by the

wife becomes that of her husband.

(c.) The limits within which she can bind her husband by her contracts.

IX. Distinguish between Sapprathi bandha and Apprathi bandha inheritance, Asura and Bramha marriages, Adhiagnee and Adhevedhanika Shreedhana. Mention also the rules of law founded on the distinction.

X. Name the heirs known as the distant kindred under the Muhamadan Law, and state the position, if any, they hold in the line of heirs under the Hindu Law.

XI. Compare the Hindu and Muhammadan Law as to the rights of posthumous sons and absent heirs.

XII.

Write short notes on

(i.) The doctrine of increase.

(ii.) The ordinary and extraordinary gains of science.
(iii.) The principles on which the Hindu Law awards
maintenance to the different members of a family
governed by it.

XIII. State the facts and the points decided in :

Hanooman Prasad Ponday v. Mussumuth Babove Munray
Kunveree.

Lakschman Rao Sadashev v. Malhari Rao Bhagi.
Appoo Aiyar v. Ramasubbaiyer.

WEDNESDAY, 16TH FEB., 10 A.M. TO 1 P.M.
THE LAW OF REAL AND PERSONAL PROPERTY.

T. MUTTUSAMI AIYAR, B.L.

I. Distinguish between a freehold and a copyhold, a reversion and a remainder, and a contingent remainder and an executory interest.

Give illustrations.

II. What chattels descend to heirs, and what interests in real property descend to personal representatives ?

III. Describe the several modes of conveying real property known to the English law.

IV. A freehold, a copyhold, and a personal annuity are severally given by A either to B and his heirs, or to B and the heirs of his body. What estate or interest does the grantee take in each desscription of property, and what are his powers of alienation ?

V. An English subject of full age dies intestate, leaving a widow, two sons, and two daughters. He dies in England, possessed of land in Kent (not disgavelled), of freehold and leasehold houses not in Kent, and of money in the funds. Among whom, in what proportions, and for what interests, would his property be divided, there having been no settlement on his marriage ?`

VI. What is an attendant term? attendant by construction of Law?

When is a term said to be State shortly the provisions

of the "Satisfied Terms Act" 8 and 9, Vic. C. 112.

VII. Sketch briefly the origin and history of the right of alienation with respect to an estate tail.

VIII. What did Shelly's case, Taltauram's case, Thelluson's case, and Calvin's case decide?

IX. State the several modes by which quasi tenants in tail in possession and remainder may bar their quasi estates tail.

X. Mention the incidents of tenure that have survived the statute of Charles II.

XI. Within what limits may contingent remainders and executory interests be created? Give examples.

XII. Give the outline of a mortgage in fee of free-bolds, and state the remedies which the mortgagee under such security possesses for the payment of his debt.

WEDNESDAY, 16TH FEB., 2 to 5 P.M.

PROCEDURE.

H. H. SHEPHARD, M.A.

I. Compare the English law with that in force here with regard to the force and effect of agreements to refer, and of awards made by arbitrators.

II. Compare the English law and that in force here with regard to set-off.

III. State the common principle upon which the doctrine of lis pendens and the awarding of interest or mesne profits accruing after the date of the institution of the suit rests.

IV. Under what circumstances does a declaratory suit lie? Mention the most recent leading case on the point.

V. When may a person arrested in execution of a decree for money claim to be discharged, and what effect has the order of discharge upon his liability, as well personal as in respect of afteracquired property under that decree?

VI. What is the nature of the proceeding known in English Law as interpleader? How can the same end be attained under the Code ?

VII. What powers of compelling attendance of persons accused and of persons convicted does a Court possess under the Code of Criminal Procedure?

VIII. Under what circumstances can a Magistrate make an order with regard to the possession of property?

IX. A witness who has been duly served with a notice to produce a document fails to produce it at the proper time. To what class of offences does his omission belong, and what are the special rules of procedure prescribed in the prosecution of such offences?

X. Orders of one class which Magistrates are empowered to make in respect of nuisances are called judicial proceedings, while orders of another class are stated not to be judicial proceedings. What is the nature of the two classes of orders respectively, and what is the importance of the distinction?