10. In the King's Bench. On the 6th day of March, in the year of our Lord, 1870. MIDDLESEX, to wit: A. B., by E. F. his attorney, complains of X. Y., who has been summoned to answer the said A. B. in an action on promises. For that whereas, heretofore, in consideration that the plaintiff being then unmarried, at the request of the defendant, had then promised the defendant to marry him the defendant, he the defendant then promised the plaintiff to marry her within a reasonable time next after he should be thereunto requested by the plaintiff so to do; and the plaintiff avers that she, confiding in the said promise of the defendant, hath always hitherto remained and continued, and still is, sole and unmarried, and was always, from the time of the making of her said promise until the marriage of the said defendant as hereinafter mentioned, ready and willing to marry the defendant, whereof the defendant hath always had notice; yet the defendant, disregarding his said promise, after the making thereof and before the commencement of this suit, wrongfully and injuriously married a certain other person, to wit, one Edith Collins, contrary to his said promise. And therefore she brings her suit. Point out the errors, and make the necessary corrections in the above precedent. 1. Give an instance where evidence is admissible to show that a man on trial for a crime has committed other crimes of a like nature; give an instance where such evidence is not admissible. Why should evidence be admitted in one of the cases and not in the other? 2. In an action on a written contract the defendant relied on a release under seal to him from the plaintiffs. At the trial he failed to prove the release, owing to the absence of the subscribing witness. He then offered to prove by a witness that the plaintiffs had orally admitted to the witness that a release was given as alleged. State the reasons for and against the admission of this evidence, and your conclusion as to its admissibility. 3. What are the principal exceptions to the rule excluding hearsay evidence? and how has the operation of the English rule admitting declarations made in the course of business been extended in this country? 4. In an action by an innkeeper against a neighbor for maintaining a nuisance, the plaintiff offered evidence that guests leaving his inn said that they left on account of this nuisance. Was this evidence admissible as part of the res gesta? Give your reasons. 5. In an action for slander in calling the plaintiff a thief, the defendant pleaded the general issue. At the trial the defendant offered evidence that the plaintiff had the reputation of being a thief before the time of the alleged slander. Was this evidence admissible? Give your reasons. 6. What evidence of opinion is admissible on the question of the genuineness of handwriting? 7. In an action of trover for the conversion of a promissory note and a bond, the plaintiff, without giving notice to the defendant to produce either the note or bond, offered in evidence a copy of the note, and oral evidence of the contents of the bond. Was this admissible evidence as to both the note and the bond, or as to neither, or as to one and not as to the other, and if the latter, as to which was it admissible? Give your reasons fully. 8. A testator had two brothers, Peter and Paul: Peter had a son named John, and Paul had a son named William. The testator gave a legacy "to my nephew John the son of my brother Paul." Was evidence of the testator's intent admissible for the purpose of showing which of his two nephews should have the legacy? If you consider that it was admissible, give an instance where extrinsic evidence of the testator's intent would not have been admissible. If you consider that it was not admissible, give an instance where extrinsic evidence of the testator's intention would have been admissible. Explain the difference. 9. What classes of facts does the law not allow to be proved, although relevant, because to do so would be against "public policy"? What theory of public policy is the ground of this exclusion? 10. In what methods can the veracity of a witness be impeached; and which of them can be employed in case of a party's own witness? JURISDICTION AND PROCEDURE IN EQUITY. 1. When can a bill be taken pro confesso, how is it done, and what is its effect? 2. When is a plaintiff entitled to a sequestration against a defendant, whether for not appearing, for not answering, or for not performing a decree? What is a sequestration, and how does it operate? 3. When the defendant does not appear at the hearing, what course must be taken by the plaintiff, and what must he do, in order to obtain a decree? When the plaintiff does not appear, what must the defendant do in order to obtain a dismissal of the bill? 4. When a plea is replied to, what is the subsequent course of the suit? [Answer this question, first, in reference to bills for relief; secondly, in reference to bills of discovery.] 5. When is a demurrer overruled by a plea, and when is a demurrer or plea overruled by an answer? [Answer both upon principle and upon authority.] When it is said that an answer to any part of a bill which is covered by a plea overrules the plea, what is meant by "covered"? 6. When must a plea be supported by an answer, and why? What purpose does such an answer serve, and to what parts of the bill should it extend, and why? Must, or not, a demurrer ever be supported by an answer, and why? 7. What is meant by incorporating in a bill an anticipatory replication? When is it proper to do so, and why? What effect, if any, does it have upon the defence? What is an anomalous plea, and what is the occasion for it? 8. What purpose, if any, is served by a plea in equity which would not be equally well or better served by an answer? 9. When an answer sets up a good affirmative defence to the whole bill, but neither admits nor denies any of the allegations contained in the bill, is it or is it not sufficient, and why? 10. When a defendant files an insufficient answer, what course must the plaintiff take to obtain a better one? If the defendant continues to file insufficient answers, what is the plaintiff's final remedy, and how is it obtained? [Answer in detail.] SOME OF THE EXAMINATION PAPERS FOR ADMISSION TO THE LAWRENCE SCIENTIFIC SCHOOL. June, 1874. LATIN. Translate as literally as is consistent with good English. Caesar, necessariis rebus imperatis, ad cohortandos milites, quam in partem fors obtulit, decucurrit, et ad legionem decimam devenit. Milites non longiore oratione cohortatus, quam uti suae pristinae virtutis memoriam retinerent, neu perturbarentur animo, hostiumque impetum fortiter sustinerent, quod non longius hostes aberant, quam quo telum adjici posset, proelii committendi signum dedit. Atque in alteram partem item cohortandi causa profectus, pugnantibus occurrit. Give the principal parts of obtulit, aberant, dedit, profectus, and mark the quantity of each penult. Decline throughout rebus, fors, impetum, telum. Give English words derived from the same root as posset, alteram, pugnantibus, occurrit. Translate: Ad haec Caesar, quae visum est, respondit; sed exitus fuit orationis : "Sibi nullam cum his amicitiam esse posse, si in Gallia remanerent : neque verum esse, qui suos fines tueri non potuerint, alienos occupare: neque ullos in Gallia vacare agros, qui dari tantae praesertim multitudini sine injuria possint. Sed licere, si velint, in Ubiorum finibus considere, quorum sint legati apud se, et de Suevorum injuriis querantur, et a se auxilium petant: hoc se ab Ubiis impetraturum." Translate: Corripuere viam interea, qua semita monstrat. "O socii, qua prima," inquit, "fortuna salutis Monstrat iter, quaque ostendit se dextra, sequamur: Mutemus clipeos, Danaumque insignia nobis Aptemus. Dolus an virtus, quis in hoste requirat?" Mark the feet in each of the last four lines. Of what verb is virtus the subject? Explain the construction of dextra. Explain the subjunctives aptemus and requirat. numbers is 15, and their least common multiple is 450. What are the numbers? 2. A cargo is worth 7 times the ship; what part of the cargo is of the ship and cargo worth? Reduce to a common fraction 0.0284. Express 2.00 entirely as a decimal. 820 3. Reduce to a common fraction 0.0216. Express in the simplest manner as a circulating decimal 155. 4. Subtracts. from £. Divide 152° 46' 2" by 9, and reduce the quotient to degrees and decimal of a degree. 5. A house that cost $8,250 rents for $750; insurance per cent.; repairs per cent. What rate does it pay? 6. For what amount shall I make out a 60 days note, to be discounted immediately at 6 per cent per annum, to yield $800? 7. How much water with 3 pts. of alcohol, 96 per cent strong, and 8 pts. 78 per cent strong, will make a mixture 60 per cent strong? 8. If one dollar is paid for sawing a cord of wood, each stick being cut into 3 pieces, how much should be paid for sawing the same quantity, each stick being twice as long as before, and cut into 4 pieces? 9. Define the are, the stere, the litre. At the rate of 50 cents a pound, what will be the cost, in francs, of a kilogramme of butter? = 1 franc = 184 cents; 1 gramme = 15.4346 grains; 1 lb. = 7000 grains. 10. Extract the cube root of 30, giving the third decimal place. ALGEBRA. Candidates in Engineering, and those in Mathematics, Physics, and Astronomy, may omit No. 5. Those in Chemistry and Natural History may omit No. 8, and (b) and (c) of No. 9. 1. Define a root, a term, a surd, homogeneous terms. 6r+1 2r 4 2x 1 2. Solve the equation - 5 3. Separate into two factors b2 — a2 + 2 bc + c2 and x6+ y. Sepa rate into prime factors x6 - 64. x 4. Simplify (1+++1 5. Solve the equations 6. Simplify 81-√-512+ √192. 7. The plate of a mirror 18 by 12 is to be set in a frame of uniform width, the area of the frame being equal to that of the glass. What is the width of the frame? State, but do not solve. Solve either of the following: 2+1 + 4 = 80; x3 — y3 = 152, x2 + xy + y2 = 76. 8. Prove that every term of the series 1, 2, 4, 8, &c., is greater by one than the sum of all the preceding terms. 9. (a) Define the logarithm of a number, and illustrate. (b) Prove that log blog a 1. (c) Prove that, if the logarithms of several numbers form an arithmetical progression, the numbers themselves form a geometrical progression. (e) Find by logarithms the value of x from the following proportion: Candidates in Chemistry or Natural History may omit Nos. 9, 10, 11, 12; those in Engineering, or in Mathematics, Physics, and Astronomy, may omit Nos. 2, 4, 5. 1. Define a square, a tangent, a secant, a circular segment, a prism. 2. Give all the cases when two triangles may be proved to be equal, and prove that two mutually equiangular triangles are similar. 3. Construct two similar triangles, one three times as large as the other. 4. What is the measure of the angle formed by two chords which intersect within a circle? State and prove. 5. Draw any pentagon, and construct an equivalent triangle. 6. Prove that the perpendicular from any point in the circumference of a circle upon a diameter is a mean proportional between the two segments of the diameter. 7. An equilateral triangle is inscribed in a circle. Prove that the ratio of its side to the radius of the circle is √3:1. 8. The circumference of a circle contains as many linear units as there are surface units in its area. What is the area of the inscribed square? |