4. Where a legacy is charged on real and personal estate, and the legatee dies before the day of payment, how is the legacy treated? State reasons for your answer. 5. What is an executory contract? Illustrate your answer by some example. 7 5 6. What is meant by the term privity of contract, and in 10 what cases may the assignee of the lessor sue the assignee of the lessee? 7. What is the nature of a guarantee? Must a guarantee for a third party be in writing, or will a verbal promise be sufficient? 6 8. Can parol evidence in any and what cases be admitted in contradiction or explanation of a written contract? 7 9. State when the Court may at the suit of a partner dissolve the partnership. 7 10. When are goods deemed to be in transit? 8 11. Explain the meaning of the maxim actio personalis moritur cum persond, and give an instance of its application. 12. In what way is an Omnibus Company liable to a passenger travelling by their omnibus, for hurt or injury? 13. State some of the nuisances affecting dwelling-houses and lands for which an action will lie. 14. A father and his child under two years of age receive injuries by a collision on a Railway: in seeking compensation at law for such injuries, must there be more actions than one, and in whose name or names is or are such action or actions to be brought? TUESDAY, 18TH NOVEMBER. [2 P.M. TO 5 P.M.] THE LAW OF EVIDENCE, OF CRIMES, AND OF PROCEDURE, CIVIL AND CRIMINAL. C. E. Fox, M.A.; Rao Saheb VISHVANATH NARAYAN MANDLIK W. C. WEBB, Barrister-at-Law. [The black figures to the right indicate full marks.] 1. State the meaning of the term "facts in issue." De- 12 scribe fully what are relevant facts; and show how facts not otherwise relevant become relevant on certain cccasions. 2. Define an admission. When can a party's admission be 6 admission in a civil or a criminal proceeding, and under what limitations? 3. Describe the law regarding the admissibility and probative force of judgments as evidence; and state the alterations, if any, made therein by the Evidence Act of 1872. 4. State the law regarding the admissibility or otherwise of oral evidence to explain, amend, or qualify written contracts. 5. State and discuss the rule regarding the proof of documents purporting or proved to be thirty years old. 7 6 4 6. State whether or not an act done in good faith for the 5 benefit of a person without his consent, but which causes him harm, is an offence under the Penal Code, and illustrate your answer by some example. 7. State the several offences of which 4 is guilty in the 15 following cases : (a) A instigates B to murder C. B refuses to do so. (c) B gives grave and sudden provocation to A. A on (d) A places men with firearms at the outlets of a (e) A having joint property with B in a horse, shoots 8. What constitutes an unlawful assembly? When are the members of an unlawful assembly guilty of rioting? 9. Deane the following terms: "Legal remuneration," "wrongful gain," "valuable security," "using a false property-mark," according to the Penal Code. 10. When is a private individual justified in causing an arrest ? In what cases may a Police Officer arrest any person without a warrant, and without orders from a Magistrate ? 11. A sues B for pavment of a sum of money. State the proceedings in the suit from the filing of the plaint until satisfaction of decree. What is the effect of (1) insolvency, (2) death of plaintiff or defendant before decree is passed? 12. What is the nature of (1) Special Appeal; (2) Review of Judgment? and what are the powers of an Appellate Court in regard to the admission of evidence and the framing of issues? 5 4 4 6 в 13. Under what circumstances will an attachment before 8 judgment (1) of a defendant's person, (2) of a defendant's property, be granted? Can property out of the island of Bombay be attached before judgment in a suit on the file of the High Court in its Ordinary Original Civil Jurisdiction? What are the respective rights of two judgment-creditors, A and B, in regard to property of C, their debtor, which A and B have attached in the following order :-(1) A before judgment; (2) B after judgment; (3) A after judgment? 14. What is the law in criminal cases as to the examination of accused persons? Is there any, and what, difference in the law on the subject—(1) in Presidency towns; (2) out of Presidency towns ? 15. What is the procedure in criminal cases when the accused is alleged to be a lunatic? What law governs the procedure in such cases in the High Court in its Original Criminal Jurisdiction? 6 6 MONDAY, 15TH SEPTEMBER. [10 A.M. TO 1 P.M.] ANATOMY. W. GRAY, M.B.; J. T. GRAY, L.R.C.P. Lond., A.K.C. [The black figures to the right indicate full marks.] 1. Describe the temporal bone, mentioning the different 20 foramina and the nerves, &c., which pass through them. 2. Describe the inguinal canal, its direction, boundaries, 20 and the relation of the epigastric artery to the internal ring and spermatic cord. What is Gimbernat's ligament, and where is it attached? 3. How is the lumbar plexus formed; what nerves are 25 given off from it, and how are they distributed? 4. Mention the parts exposed on removing the gluteus 15 maximus, and state their relative position from above downwards. 5. Give the course, relations, and branches, with their 20 distribution, of the profunda femoris artery. MONDAY, 15TH SEPTEMBER, [2 P.M. TO 5 PM.] PHYSIOLOGY, HISTOLOGY, AND COMPARATIVE F. G. JOYNT, M.D.; A. N. HOJEL, Esq. [The black figures to the right indicate full marks.] 1. Mention the various classes of food, and describe 25 briefly the changes each undergoes previous to assimilation. 2. How does the minute structure of the voluntary 15 muscles differ from that of the involuntary class? Describe the ultimate distribution of the nerve-fibres in each. 3. Notice some of the more important theories as to the 20 function of the spleen: Refer to any facts and experiments of which you are aware in support of the various theories advanced. 4. Give a general outline of the arrangement of the 10 nervous system in the Crustacea. |