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6. Explain and illustrate the meaning of the phrase

res ipsa loquitur in actions of negligence. 7. A buys a piece of land in the neighbourhood of a

running stream and sinks a deep well in it; by mechanical appliances he collects and raises the underground waters of a district which time out of mind by percolation and by minute variable and undefined channels have found their way to the stream constituting its chief source of supply. The water pumped up by A is much more than sufficient for the ordinary purposes of the occupation of the land, and is in fact sold by A at a profit. The volume of the stream is by means of these acts sensibly diminished to the great injury of B, a proprietor of land adjoining the stream. Can B succeed in an action against A ? Give

the reasons for your answer. 8. A, the owner of a carriage, hired from B, a livery

stable-keeper, a pair of horses to draw his carriage for a day to the races. B sent C, a driver, with the horses to drive them when harnessed to A's carriage. C took his orders from A as to the direction he was to drive, and in driving A he was guilty of negligence, which caused injury to both A and to D, a caretaker at the race-course. Discuss the legal position of A, B, C, and D

respectively. 9. Under what circumstances is homicide justifiable ?

A burglar, in breaking into A's house, arouses A from sleep. A rushes down the stairs, meets a constable in the hall, whom he mistakes for the burglar about to attack him, and aims a blow at the constable and kills him. B, a son of A, from

a

another part of the house sees the real burglar escaping over a wall and shoots him dead. How far is A or B criminally liable ? Give the reasons for your answer.

10. Define larceny at common law, and give examples

to show the effect and practical importance of the several parts of your definition. .

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11. Define the crime of obtaining property under false

pretences.

A was presented on a charge of obtaining a horse from B by false pretences with intent to defraud B. The Crown proved that A called one day at the livery stables of B, in Melbourne, who let out horses for hire, and falsely and fraudulently told B he had been sent by C, a customer of B's, to order a horse to be ready the next morning for the use of a son of C, and the next morning A called for the horse, which was delivered to him by B. A drove the horse about all day, and then returned it to B, but never paid for the hire of it. Could a conviction against A

be upheld ? Give the reasons for your answer. 12. What criminal offences, if any, have been com

mitted in the following cases respectively ?(a) A and B fight a duel, in which they exchange

shots, but neither A nor B is wounded. (6) A suddenly snatches a stick from under B's

arm, knocks B down with it, and runs off with it. (c) A having received from B a sum of £10 in

cash, to pay to C, a solicitor, in respect of a bill of costs owing by B to C, converts £5, part of the said sum, to his own use.

(d) A incites B and C to murder D. B enters

the house and kills D, while C waits outside to give warning in case any one should approach. B and C flee to E, who, knowing what has been

done, lends horses to aid the escape of B and C. (e) A falsely asserted upon an oath duly adminis

tered in a judicial proceeding, before a competent court, at Melbourne, the truth of a matter of fact, not material to the question depending in that proceeding

Give in each case the reasons for your answer.

THE DOCTRINES OF EQUITY AND THE

GENERAL PRINCIPLES OF PROCEDURE.

Mr. Duffy

1. Explain and illustrate the maxim-Consensus

tollit errorem.

2. A, being tenant to B, received notice from C, a

mortgagee of B’s term, stating, as the fact was, that the interest was in arrear, and requiring payment to C of the rent then due. Å, notwithstanding this notice, paid the rent to B, and was afterwards compelled by distress to pay the amount over again to C. Can A recover from B the money so paid by him to B? What legal maxim states the principle which determines this question ?

3. Define

(a) An express trust.
(6) An implied trust.

(C) A constructive trust. 4. Describe and distinguish the three classes of

legacies enumerated by Mr. Snell.

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5. Explain the equitable doctrine of "Reconversion.”

6. Explain the terms

(a) “Equity of redemption.”
(6) “ Price of redemption.”

7. Define

(a) Recaption.
(6) Remitter.

8. What provision is contained in the Marriage Act

1890 with respect to the right of a widow to determine the religious faith of her infant child ?

9. What is a writ of capias, and for what purposes

is it used ?

10. State shortly the practice prescribed by the Rules

of the Supreme Court with respect to Third Party Procedure.

11. In what cases may relief by way of interpleader

be granted ?

12. What is the difference between a fact in issue"

and “ a fact relevant to the issue” ?

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.
FIRST PAPER.

Mr. Fowler.

1. Describe fully the adjustments of the ordinary

dumpy level, and show in what respects they
differ from those of the Y-level.

2. Give a full description of the prismatic compass,

and state how you would test it for eccentricity
and pivot error.

3. Show how distances are determined by stadia

methods, and deduce the necessary formula.

4. Show how to determine the true meridian from

observations of a circumpolar star at elongation,
also how to compute the altitude of the star at
and time of elongation. Give all necessary
formulæ.

1

1

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.

SECOND PAPER.

Mr. Fowler.

1. A star whose declination is 30° south is observed

cross and recross the lin of collimation of a transit theodolite in good adjustment and set

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