I53Z5 McGill University Libraries Law Library < J KB 1 ^7 i VZ7 / FACULTY OF LAW. ' McGILL UNIVERSITY, MONTREAL. t ^araltg of jfaw. SESSIONAL, EXAMINATIONS, 1872. Monday, March 4th 4 to 6 ; to T p.m, for honours. CRIMINAL LAW, THIRD YEAR. Examiners* Professor C arter, Lecturer Archibald. 1 , Bv what law are wo governed in Criminal matters in the Province of Quebec, mentioning and defining the two great branches of that law ? 2 t Give the general rule as to responsibility for criminal acts, stating in detail the several exceptions, . ... _ 3 What is the effect of intoxication as regards responsibility for an act committed under its influence, and can the prisoner, under any Circum- stanefts, make it available as a defence, 4 State the different degrees in which a person may be indicted, arising from the part he takes either before, at, or after the commission of any crime ; and point out the exact distinction between these several degrees. 5 . Give a classification of crimes with a definition of each class, and give the origin and original signification of the vror&Jjlony. d State what crimes with relation to the coin, are by ihe Act of 18G9 matin felonies ; and what misdemeanors ; and what punishments are attached. 7 Define the crime of conspiracy;, and state what facta would require to he proved in order to secure a conviction. 8 , Define the crimes of Murder, Manslaughter, Burglary, a id Arson, give ing definitions in detail. 9 . Give in detail the proceedings necessary to secure the arrest and com- mittal of a person by warrant j and state in what cases an arrest can legally be made witout a warrant. 10 Are all Crimea bailable? ami if not, state those wherein bail should be refused; likewise state the different modes m which tue release of an accused on bail can be obtained, 11 Give the law relating to ihe challenge of jurors, as well to the array as to ihe polls, mentioning the different kinds of challenges and the extent to which they are allowed, i *12, Give an account of the early devel ipmsnl ol criminal juris, prudence. 13 State the manner and give the rules by which the common law har- monizes with the statutory taw, in securing the ends of criminal juris- 14 / Give the general tenor and effect of the Peel Acts copied in Canada by the Black Acts, _ 15 Describe the remedies of appeal and certiorari, distinguishing the dif- ference between them, and point out in a general way the course of pro- cedure on an appeal. *Tbe first eleven questions are for the Ordinary Drgree; the whole paper for Honours nod Medal, 1 61 \ 15323 — McGILL UNIVERSITY, MONTREAL. of gfow. SESSIONAL EXAMINATIONS, 1872. Thursday] March 7 th 4 to 6 | 4 to T P.tf*, for Ho sours. JEYim iK£LE- Third Year. Norman W. Trenholme, M.A., B.C.L. 1. Define evidence ; what, are it s different kinds, and some of the leading rules governing its adduction? 2. What were die different kinds of written evidence known to Roman Law and describe each? 2. Give a short historic sketch ot the principal limitations put upon parol evidence (l) in Roman Law, (2) in old French Law, (3) in English Law, pointing out the importance the French and English Law possess for us on the subject. 4. What was the law of evidence in this Province at the time of the Ces- sion, and what are the principal changes that have taken place therein since, and by what means and when were they effected ? 5. What things may be proved by parol evidence with ns, what are the exceptions to the general rule and what are the grounds or reasons for them? By what law ia the admissibility of parol to prove foreign contracts determined? 6 + What are the exceptions to the general rule as to parol evidence m commercial matters, and whence were those exceptions derived and how and when established in our law ? 7. Describe the different kinds of written evidence in our law, and how each may be disproved. 8. What are the qualifications required for witnesses to a notarial instru- ment? , , 9. Who are competent witnesses in matters of parol evidence, and what are the exceptions, and how classed 7 10. Distinguish the different kinds of presumptions, and indicate the importance of some of the presumptions established by law. 11 In what different ways may a party prove his case by his opponent, and is there any, and if so, what limitation upon the power of proving ftdmissiona? * , - 12. What are the different kinds of oaths in our law, and when, an i iT ; BTT KOfiAl/ fAUK.vmT JJZJOTOI Jb&TI ’taniT Uv ■ r ' • l t " r *J di ft ill ^jj|&M X {0i (Mi Jtirr ; ( : ,j ,,/ J •' " '•' Jn i rrl sou -L’v-a >0 WjJ •>,; f// j * V l>?*94$» vpt 7f niw J* .r. :i 4 ad w rf Xia . ■ ■>. >H Bbmn^kii m rf* i ; .. In what manner and by what process can the attendance of witnesses be secured ? 5. Under what circumstances can the deposition of a witness, taken before a Justice of the Peace, be received as evidence upon the trial of the accused ? 6. In what cases are Judges of the Superior Court precluded from admitting the accused to bail ? 7. State generally the rule regulating the power of Justices of the Peace to admit the accused parties to bail. CRIMINAL PROCEDURE. 8. State in what instances a constable or peace officer may arrest with- out a warrant, and in what instances a person, not being a constable or peace officer, is authorized SO to do, 9. What offences are excluded from the jurisdiction of the court of general or quarter sessions 7 10. Is any restriction imposed to laying Bills of Indictment before the Grand Jury with reference to certain offences ? State what are these restrictions, and to what offerees they apply. 11. State the rule relating to challenges of Jurors by the prisoner as well as by the Crown, and what is the rule respecting challenges when Jury is to he composed of English and French Jurors ? 12. State the rule relating to addresses to the Jury by Counsel for the prosecution aid defence. 113 McGill college, momtreal. (faruttg of gaa\ Tuesday, Apbil 13th ; — 4 to 3 pj. Criminal Law. THIRD YEAR. Examiner Pros'. Carter, 1. Give a definition of the crime of larceny and state all the eireum- stances necessary to constitute the offence* 2. State the rule applicable to the fraudulent conversion of goods, where the original taking, may have been bond jide and without any fraud- ulent intent. Give instances in illustration of the rule, 3* What is the rule applicable to clerks and servants having the pos- session or care of the property of their masters, 4. Are there any objects, the taking of which does not constitute lar- ceny. Give illustrations. G, Define the crime of embezzlement and state all the ingredients ne* cess ary to constitute it. 0. State in what respect the crime of embezzlement differs from that of larceny ) and give instances illustrating their distinctive characteris- tics, T. Define the offence of obtaining property under false pretenses, and the necessary ingredients to constitute it j and in what respect it differs from a mere deceit or fraud. 8. Define the crime of robbery and its characteristics. 9. In what respect does it differ from larceny ? 10. Define the crime of burglary and state ail the circumstances neces- sary to constitute it. 143 McGILL COLLEGE, MONTREAL. Jatuttg at 3Cau\ SESSIONAL EXAMINATIONS, 1868. Tuesday, April 14th to 6 r.n, CRIMINAL LAW. THIRD TEAR. hammer.. ... Professor Edw* Carter. 1, By wbat authority was the Criminal Law of England introduced Into Canada? 2, Give the derivation of the word Felony. 3, Bow are crimes known as misdemeanors classified ? Give a defini- tion of each classification. 4 What 13 the meaning of the terra accessory, and how many hinds of accessories are known to the law, and give a definition of each / 5 Do the same rales as respect accessories apply to misdemeanors as well as to felonies ? Give the reasons for yonr opinion thereon. 6 . What rules as to responsibility in criminal matters enst, in so tar as they relate to infancy, insanity, drunkenness and coverture . 7. What class of offence is that known as Riot, and describe what can- stilutes the offence? 8. What is an Affray ? 9. What constitutes the offence known as Nuisance ? Give some Ulus- trations of it. Iff. What difference exists between the remedy by Appeal and by Cer- tiorari ? Describe them both. 139 C 1 McGill college, Montreal. JaiMltg J0f |Cair. SESSIONAL EXAMINATIONS, 1866. Monday, April 2nd: — 4 f.m. to *1 P.M. CRIMINAL LAW. THIRD YEAR. Examiner t *, ** Professor Edw, Carter. whS/ \ L . aw sre . w . e governed in criminal matters? By what authority, and when was it introduced for the first time into this Province ? C “ law? Doea 5t form an r P«‘ * «« divided 7 tbe d0finiUon 0f 8 cr!me? Int0 how “*»y classes are crimes irrt^nlwtV’ 88 * a : e . per /° ns ® har S ed with a crime, to be considered as cases P ? bU? Explain ful 'y the rnles of law applicable to all such *' ^ p . !ain tb f f ules wh!ch formerly prevailed as to the right of tbe wh*?Al« “P ltal oa * M t0 examine witnesses on bis behalf; and state what changes m that respect were made, and by wbat authority ? Co^^nn'his'd^ancf?^ 6 ’ W " ** aCCUSed aUowed the assiat80ce of T. What remedies are by law given to a party aggrieved in cases of summary convictions by Justices? Explain them fully. arc,', 3i h nf P°7 tr9 , ar l inferred by law upon Justices to admit persons witScrL^? 6 bai ? ®* pldin what distinction, if any, is made with reference to exercise of these powers in felonies and misdemeanors ? Grand Jhro« a T 7 S ersona “ rc b ? law squired to compose the body of ijrana Jurats ? How many to find a True Bill? , Do G L racd furors possess the power of examining persons not named on the back of the Bill oflndiciment? * P McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 18S5, Monday, Apbil IQtu 4 p.m. to 7 f.m. CRIMINAL LAW. Examiner, - Professor Eow. Carter. 1, What is the definition of a crime, and into how many classes are crimes divided ? 2 , What is considered essential to constitute an act criminal and to render the accused responsible for it? 3 , Will intoxication at the time of the commission of the act, exone- rate the accused ? State whether evidence of this fact is admissible, and for what purpose. 4 , What is the rule applicable to cases, where the act wag committed by misfortune or chance ? 5 , Will ignorance of the Law be admitted as an excuse ? State the rule also where the act results from ignorance or mistake of the fact. 0 xn what cases will compul&i&fL relieve the accused from criminal liability, and in wliat cases will that defence not be admitted? 7 Do Justices of the Peace possess authority to issue a warrant in all cases for the arrest of the accused? State the distinction, if any exist, between their powers under the commission of the peace and under Statute law. 8 . Has the prisoner a right to be assisted by Counsel, at the eiamina- tion had before the Magistrate ? 9 . Have Justices the power to admit the accused to bail in all cages? State the rule on this subject. 10 . Have they the power of examining witnesses for the defence ? 11. How many Grand Jurors are required to find a true bill ; and can they examine witnesses for the defence ? 12 . How many different kinds of pleas may be made to an indictment ? Explain the nature of each. 13 Where several persons are jointly indicted, can they sever In their trial, and in what cases will that right, if it exists, be admitted, and upon what principle ? 14, How many kinds of challenges exist? Explain them. 15. How many peremptory challenges can be made by the accused? Will the character of the crime make any difference as to the exercise o that right? Explain the rule relating thereto. 1 10 * , McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1864. Monday, April 11th:— 4 pm. to 7 f.m, CRIMINAL LAW* Third Year- Examiner , , . » . Professor Edw, Carter L What constitutes the distinction between injuries punishable as crimes, and those regarded as the subject of a civil remedy only ? Ex- plain fully the doctrine upon this subject, 2. Into how many classes were offences at Common law divided, and describe them? 3. What difference exists between the offences of Treason and Mis- prision of Treason— describe them ? 4. Give the derivation of the word -FVAmy, and mention some of the offences which, at Common Law, are included under that denomina- tion, 5* What crimes are known by the appellation of Misdemeanors ? Into how many classes are they divided, and describe them ? 6, What persons are by law deemed incapable of committing any crime 7 State the rules applicable to each particular case, 7, Is there an exception to the application of the rule, malitia supple t fcfrtfem, and in what particular case would the exception apply ? 8, To what crimes would the rule of coercion arising out of the matrimonial subjection of the wife to her husband, not apply 7 9, From what authority do justices of the Peace derive their criminal jurisdiction— and their civil jurisdiction ? 10, Have Justices original jurisdiction to take cognisance of the crime of perjury, and to commit for trial ? 11, What distinction exists between the remedies by Appeal, and by Certiorari, and state some of the rules applicable to the exercise of those remedies 7 12, What changes have been introduced by our Statute law, with reference to the exercise of the remedy by Certiorari? McGILL COLLEGE, MONTREAL. Sessional Examinations, Arm, 1864 ,— Tuesday, Afbil 12tm, 4 F.H. TO 7 F*li; CUSTOMARY LAW, AND LAW OF REAL ESTATE, Ac. first yeas* Examiner , Professor Laflamme. I. Quel eat le droit civil qui nous rdgit j qn f egtrce qui le constitue? 3. Quand y a t-il lieu & Renvoi en possession, d q^i est-il aecordd et sous quelles conditions? 3, Quel les Bout lea conditions pour la validity d’un mar [age en Canada? 4, Lea enfans ilWgitimea peuvent-its fctre Ugitimds. Comment, et dans quels cas ? 5, Quel est Peffet de la tutelle. Quels sont lea devoirs et obligations du tuteur* 6, Donnes les grlncipales divisions deg biens ? 7, Qu’est-ce que Pugufruit, comment est-il ^tabll et sur quels biens? 8, Quels sont les droits et obligations de 1'usufniitier ? 9, Quels sont les dispositions de la coutumo de Faria relativemcnt au droit de vue et au mur mitoyen ? 10, Quels sont les droits du propri^taire du fond 9 auquel est due une servitude ? * — ■ - . II, Comment s’dteignent les EervitudeB? . 4 .. . , > 't , a % qr • ^ < - i r *' McGILL UNIVERSITY, MONTREAL, faculty of gjair, SESSIONAL EXAMINATIONS, 1872. Tuesday, March 12-Tn:— 4 to 6 p m , for degree; 6 to 7 p.m., for Honours, medical JURISPRUDENCE, SECOND YEAR, Examiner j .Prof. Gonealve D outre, B,CX, 1 . Donne a line definition de la medeciue legale. 2. Citez des c as oil, d’aprfes le Code Civil, I s identic de la pqrsoime eat require et indiquez comment leg principes de la medecine legale peuvent constater et etablir cCtte identity . 3. De quel caract&re doit etre la blessnre poor eonatituer ime felonle 7 Est-ce plus sa gravite apparent© que ses consequences inevitables qui doivent caracteriser la Messure pour £tre une felonie ? 4. Quand doit otre faite I'inhumation d’une personne dec6dee et dans quel C03 eat-il necessaire d’avoir un permU du coroner pour procMer b, telle inhumation 7 5. Dans quel cas pent-on demander Fexhuraatiou d’iin cadavre ? Y a-t-il dea exceptions quant it FApoque de Fexbumation 7 6. Le Code Civil but lea questions de survie, entcnd-il que plusieurs per- sonnel appelees respective meat it la succession, qui perissent dans le memo SvSnemerUj doivent aussi pc nr par la m"me caaM f Appuyez votre reponee de motifs, 7. Qtfest-ce qui constitue le viol et Indlquez la preuve requise pour le determiner 7 8. Qu*eutendez-vaus par err ear dam la peraonne en matiere de nnllite de manage 7 La femme, quoiqif epongant la personne tneme qu’ellc voulait ep ouser, peut-elle se prcvaloir encore de I'trrmr dim la per&onne f Si oui, diles dans quels cas ? 9. De quelle nature doivent fetre lea exc5s on injures graves donnant lieu it la separation de corps 7 10. La grossest© peut-elle Sire une cause de reconciliation en mature de separation de corps? Appuyez votre rfcponse de motifs. 11. Quand la grossesse eat-elle necessa : re pour constituerle crime davor- tement 7 12, Lorsque pendant l 1 accouchement, la mere et '/enfant ont succome lequel des deux a survecu7 N.B. The first 8 questions are tor Degree. The whole of the questions for Hvnour Course, IG6 McGill college, Montreal. Jaiultj) of £Caur. SESSIONAL EXAMINATIONS, 1872. SPECIAL EXAMINATION FOB THE ELIZABETH TORRANCE GOLD MEDAL, 1872. Tuesday, I9th March : — 4 p,m. to 6 p.ar. CIVIL CODE. Exam ineTj . . „ , . , „ . F rofebso a L apl amkb. 1. Comment s T acqui6rent le douaire coutumier et pr6fix, en quoi con- sistent-ils ? 2. En quel caa y a-t-il continuation de communaut6 et quelles sont les choses qui tombent en la continuation de communaut£ ? 3. Donnez leg diffcrents modea d’ acceptation des successiona et quand et Comment on peat les repudier. 4. Quelles sont lea incapacity de disposer et de recevoir par donations entre vifa daprus lc Code ? 5. En quo! congigtait la legitime d’apr&s le droit anterieor an Code et quelle reclamation en res ul tail ? G. Quels sont les droits des creanciera et legatairea particaliers centre les Mri tiers et legntnires it litre uni verse I ? 155 .JAMTtfOU t a;)3JJ00 JUIO M * 3’jKA.aaoT in lAXiia aar : w -?a«imik 3 *U! ... • o :n 3L i i I — ;iehui>: si€i t . .SKl'A^JUX floj* Snal B»I 3IKW5 K'jiltM/p •■■'■ -Vi fib :«» 'ima '(tto ii- > l i 1)3 II .= , t iBflil fOtSK^ *!• ri r )D$cf L l p a : nth i$l fr’Ui-'oa^ifi" .-Ln/ui '• v-V -■'•••• ;*» * ' • -t • • " & tHwiaif «*.; £ tinirjvgilJi , iriM McGILL UNIVERSITY, MONTREAL, faculty of IgaMi. SESSIONAL EXAMINATIONS, 1872. Tuesday, March 5th ; — 4 to 6 f.m. ; 6 to 7 p.il, for Honours. CIVIL CODE. SECOND AND THIRD YEAH. Examiner Pbofessoh Laflauke. 1. Donnez lea diffo rentes espioes d’immeuble3 ou Mens reputes tela d’apr&s la loL 2. Combien d’esp&ces do fruits, comment s , acqui£rent'ilB ? 3. Dana quels caa le posse aseur est-II de bonne foi et fait-il Les fruits slens ? 4. Quels sont leg princlpeg genoraux en matikre d accession relatlvement rux cboses immobilierea ? 5. Quellea sont lea obligations de Vusufruiticr relativemeut aux dettes et charges de la succession? B, Quellea etaient les regies de la succession des propres d’apr&a le droit anterienr an Code, et dans quels cas lea ascendants aucccdaicut-ils k leurs descendants d’aprfcs le room® droit 7 T. Quelles sont les regies do successions introduces par le Code taut en ligue directs accendante qu’eu ligne collat£rale 7 8* Comment B ? accepte et se repudie une succession 7 9. Quellea 3 ont Ics furraalites essentiellea pour une donation entre vifs, UnL ordinaire quo par contrat de mariage? 10. Quand et sous quellea conditions lea donationa entrevifs sont-ellos revocables 7 11. Quelles sont lea princi pales dispositions du Code relativement ii .a capacity de disposer et dc receyoir par testament ? 12. Combien d’especea de testament reconnuea par notre droit et quelles sont lea form allies essentieUea exigeea pour la validite do chacune d'dlea ? 154 .JAMflTZOM .YTianayiMU JJL r M£ .•unit ift $tm*% - m : ia/.oi ■iK .a oaoH m ; ”..'i 7 it ft j j' i a ot l — : tctS. l i 'u i , 3 UO'> JJ 710 •jIahy anait n>’/. 03*0380 . !*■ ... J . "I • -vT’- Bbl ^xiq^n u J jk> ^bfosininib u r '■ • ' Uhni , 1 t:-’ ; j US\ tiniatf yU fi-i' w £ck; $i e&? al . • ' t X tffv : • 1 ft- ' ' Lr V “ ‘J J Ol fl* J.-K' |Tr> **H‘ • • hi; 4 il U> - : If j ma Jttffffl! -Mvi i&ilUilUtill Mil n[ in* £ £ *jj StO-tf ijl-Jjt'ji* ’*3JO: ...m-'timvyut m] ■ i.h'V * ' : •!■ b* , oO 1 »ji *i * ?* * j it • ) cl Tiitv 6StIubc-i1tTi *nob uom '*!> k- 1 ; .-/i ltd -*m- 4i J 4 ~ h ? obniUd'lo^i U 9 *fip •‘Jfuibls ;T 7 ^ : r ( VilMir )■«)« $tUT«iiI 7 *< _ ••• -;i ,iir; Jii-. -*:i i nil (sfrffcitfl b : *4 .>ss “ >'■ - Y»j- iimk elj nUM ■? • r. «| owp t-'J .'lino :. i ;-ls7nJfi9 tm.'iTAaok **1 no-; * >ffopp .uoe is fv •! *1 i' ! fcn »bt»v» ol u 1 till- '■• , b Kfi^fotthq F f f tN.;y •- f II Y J-JUMU/Ut >7 lfitj li 7 -.‘>31 ub 59 lOcOt] 3 T! . fciflaflf f# 5 ; Tb <»T [ ! fifirn^jE '1 dfc * > 'll ■ i , V * l&’fr tfmJ37.it> ojb OJtfeUjVT *1 ItfOfJ em^k* 6jJl9i)H7^ti9 K fcliJfJUHMl I ' - McGILL UNIVERSITY, MONTREAL, fatuity j£aw. SESSIONAL EXAMINATIONS, 1872. Tuesday, Marcs 5th : — 4 to 6 p.m, ; 6 TO 7 P. M., FOR HONOURS C1V1X. CODE. First tear. Examiner,.*™.....- ... ■ Professor Laflahme. L Quel est 1’effet des lois du domicile d’un individu Stranger residaut en Bas-Canada, relatiTement k sa peraonne et ^ ses Mens, si lea lois sont cor- traires £l eelles de ce pays, et quel est Peffet de nos lois sur V habitant du pays k Fetranger dans le me me cas 7 2. Donuez I’&teudue des incapaciteg resultant de la profession religieuse quant k l’exercice de3 droits cm Is ? 3. Dans quel cas et comment peut-on suppleer & la preuve de Petal civil d f apres lea registry s reguliers 7 4. Quels sont les effete de Tenvol en possession, les droits et Us oblige tions de ceus qui robtiennent? G. Quelles sont les formalltes requises pour la raMlte d’un manage T G, Donnes les causes d’ excuse et de destitution de la tutelle ? 7. Quels sont les actes qa’vm tuteur peut fairs seuls et ceux pour lesquels il lui faut r&vis de parents et I'autorisation du juge? 8. Quelle est F origins des corporations on Canada, comment sont-elles ericas et quelles sont leurs incapacity 7 9. Quels sont les devoirs du tuteur pendant et aprfo la tutelle ? 10. Comment et dans quel cas le miueur est-il emancipe ? 11. Pour quelles causes les conjoinls peuvent-ils obtenir la separation de corps et de biens et quelles en sont les consequences 7 12. Comment smteignent les corporations 7 153 wsiTv.oM jTiSiiaviKU a-iOp^ *«tt? ‘>6 KtlWK ^ I iSTSr J&Y.OVT ///TMA 1 JiV. 01 P.r - • & tfr I*—; rrf. u-ji !£ jT RjnoyjOH 2JOT r « ,H \ OT 0 jaaoo jrm .JTAtiir j-ju^ *-J J; ... u.r ijubfid/i;!' i L* son ol> J'fe 1 ! to. kr /?«} ( ;•*!• > 1190 - ; ~ss 1 2D iSh-'j ^ \ t u ' Kuq m* fo-tarf adfo 0 1 t; 1 : ’■ nsj'fi rlAlw b\ i» 0 nn •-,. 1 .0 Vo^ii| u f ' 9Q^$i0in r t flri luaijin ! iw> lar.$ .mL .1 in- *?, > ,t)t *h m ’-otji-i' : itooftfc trdlo^iaa u * -^ir^p , *. ’ eci McGILL UNIVERSITY, MONTREAL. JimtltB of SPECIAL EXAMINATION for the ELIZABETH TORRANCE GOLD MEDAL, 1S?2, THIRD YEAR* Tuesday, March 19th. 4 to 6 r.M. Mxamnsr^ .Proves boh Lafrenayi, 1 . What are the rules particular to the lease or does the contract of the lease of kouies terminate ? hire of houses } and how 2 „ What are the provisions of our QivU Code upon the alienation of he thing leased ? 3. Explain the right of action by summary proceeding of the lessor against the Lessee ? 4. What are the provisions of our Civil Code upon the action of disso- lution of the sale, by reason of non-payment of the price 5. State all the distinctions existing between a voluntary deposit, and a necessary deposit- 6. In what cases can the surety, even before paying, proceed against the debtor to be indemnified ? 152 .JAIi iiraor ,YTimmV T JJJOolr , ar-XASi >t ht:-oaxiju sot jiom m iTirm.r/.n jMOtft l i .JAtuiw oj' ■ . .tfX-ijE U2I1JI i • 1 or ±-— : «;U smuK t TAa^j?T rr-'.- I ‘1..,, T*- - h: o i - . Mi -Hli r,, ! | •. ’ * - Jit nr v jRmiUi58 nr-: ni , £ ^ - oDiiTH UJO To jj ,,, ;/ U > e X 1 * t5Y .Siiwr f git tea any 1 jin.Ul j |I» gr. ■ \ a if v jvi- ;- ; t . n V kijftijifB rmi i ojt\*>j ' £iU « McGILL UNIVERSITY, MONTREAL, fatuity of 3£au>. SESSIONAL EXAMINATIONS, 1872. Wednesday* March 6th : — 4 to 6 p.m„ 7 for degree } 6 TO 7 P.M. ? FOE HONOURS. CIVIL CODE OF LOWER CAHADA. THIRD YEAR. Examiner , Professor LaFrenats. 1. Quelles sont lea conditions neceasairea pour ctablir la prescription acquisitive. 2. Expliquez la prescription extinctive on lib£ratoire ? 3. Lea tribuuaux peuvent-ila supplier ^office la prescription ? 4. Quelles sont lea causes qtti mterrompent la prescriptiou? 5. En quels cas uu litre nouveau pencil Stre requis ? 6. Quelle eat la duree de la garantie des architectes et entrepreneurs i 7. En quels cas la creance est-ella absolumeut 6teLnte 7 8. Qu’entendez-vous par la con train te par corps ? 9. Expliqucz V attachment for contempt of Court du droit anglais ? 10. Qu’entendez-vous par 1© jugement d'Uerato centre certains contra!- gnables par corps ? 11. Expliquez la nature do la contrainte par corps coutre le gardien ? 12. Quelles sont les dispositions finales du Droit Civil? 273- — The first R questions are for the Degree ; the whole of the questions for Honour Course. 151 ‘ .JA&HTZOIi ( YTI 3 Hr™U J-dl& K -Wl >o j&luwsj| • .Sfiii T ? ■mTLKm&Z'X OAKOI&H 3 E - naes .-; r K**i 0 t/r 1 : r rr* uoii/T4 t y/ : * ' , i -. i! m r r 'i S’ t»r a . A£i a su. i n:\ii ha io aooj arm .HAST CISIET ■i to* L. : ^ ... ": lK ’ . ! f,vadfl Cioj^i * OD ;*l ?«i rjwWff.r . - ,-ir- ■ as tiojirf r- '[ *1 i ' :M .* jut -ilPuli /mtypit ' in J f «io?tqrw y] m • . ' ' p • -> v i 1 ' * fifcJnp < f&iug pjiavxftn rur * * t ,& » t ••ifii-i -> ; 5 d & .ftiitKi 3 f.-ruJ >3.-1 « i/r - • ■ • I Jsf J -JilflPltlJUi! wf’SPq • IKV7-,-. 9J| i i‘ ’ V i . an JiO’ifj ul) v tnoOSp . I j !•; -.'I .5 l V -■* *'iirv -rfUrJ K>![ * : S i : 4 -.*i s r ;> nl <. > - , ■ i t • Ml : ' i jj * V i yI j JloUT nb iMtrf w>ish *!'/» ‘••T* feiulfc - ■ ;h ■ I Y s-mf h! i (AivII ■• McGILL UNIVERSITY, MONTREAL. Jaatltg of lP»u?- SESSIONAL EXAMINATIONS, 1872. Wednesday, March 6th :■ — 4 to 6 p-m., yor degr.ru ; 6 to 7 p,m. for Honours, CIVIL CODE OF LOWER CANADA, SECOND YEAR, Examiner, Prof, Lafrenayk, X, Quelles sent les dispositions generates du Code sur le^mandat ? % Quand et comment le mandataire doit-il rendre compte ? 3. Quelles sent les personnel qui peuvent Sire mandataires 7 4. Quelles sont les principal es operations du commerce des courtiers et des facte urs ? 5. Quelles sont lea dispositions du Code sur le jeu et le pari ? 6. Quelles sont les dispositions du Code sur le gage ? 7. Quelles sont les differences entre la caution simple et la caution soli- taire, ct entre U caution eonventionnelle, legale et judiciaire 7 g Qu’est-ce que le benefice de discussion 7 9. Qu est-ce que la transaction suivant le Code ? 10. Quelle eat 1ft diffirence entre le depot volontaire et le dep&t necea- gaire 7 x 11. Quelle est 1ft difference entre nne rente constitute, une rente fonciire et une rente 7 12. Expliquez les dispositions du Code sur le prfit J, int^ret T The first 8 questions are for the Degree ; tlie whole of the questions ar* for Honour Course, 150 .jAaaTKGi ,1 Baa / yjj a .n ,ifi •nu% to ipluvi% •STM ^VOlTA'/.IM/vXa JAWW. i «03KI 420.1 0 or : B rc r *].' . : oi ftf .ajnoHoFT m .k.i t at d .acia i : .S T ... i nj$ iu'tm&i tup feHiiom'4 i Ino bup r naiims Mb '^tisirnr* nb aalm]bcrhfi Initio* sftiWCj .r t-*h 4 . e A : * b n AwO trli mofi ■ if- sf [i-tcp s T &J is? afcoO af> p-lL >1 Its ,> y 71101 &>&!rrr#' at :]£• » i® ,-jlUtli 41 i mtr.ib yi Vltfvj r t I ei3iI5 ;? f*. ' Mfp . li ■ : V;: -’ = •' 1 ' 1t ! -•« ohoM .;.. . '. : - , H .nr “ta ti ' f« t >,:2 >j Jtij i i |45 h >1 sis Sijurjf, [? McGILL college, montreat, Jacuitjj of Sim 1 - SPECIAL EXAMINATION FOR THE ELIZABETH TORRANCE GOLD \i rn a I, iHiL April Urn 1 to 7 P m. THIRD YEAR. Examiner PKOFESSGft IiAPLAMMB, 1 . Bonnes les effets delamort civile resultant de la profession «li- gieuse en Canada tt leiar dnr£o 7 2. Quels sunt les droits de l’absent qui rcparait, reUtivement aux suc- whIoL dans lesqnelles il avail droit de pa«i«per et qm out did parta gees Bans lui durant son absence 7 3. Quelles soot las rentes rdputdes immeubles d’aprds le Code T 4 Dans quels cas les he ri tier a de l'usuftuitier peuvent-ils rddamer du sur propridtaire indemnity pour les amdliorations faites sur la prop* par l 1 Hsu fruitier pendant VuBufrait ? 5 Sous quelles conditions l’lndlvidn pottrvo d’ao conseil * Eftoque 7 6. Lorsde la dissolution de conm.un«utd,> profit de qui s’ouvre le droit de rSelamer la reprise de rapport 7 1. Comment se dissent la continuation de communaute eta la demand® de qui 7 8. Dans quels cas el comment pent on renoucer i unc succession future et quand s^teigneut ces reaoaciatioiis 7 9. Quaud et a quo! suceddent les ascendants, suivant le Code 1 10. Donne, les price ipes gdneranx de la succession des propres d’apres le droit ante rieut an Code. 174 McGill college, Montreal. faculty of gjaw. SESSIONAL EXAMINATIONS, 1875. Tuesday* March 7 th 4 p.m. to G p,m. t 6 p + m. to hj , for Honours. CITIL CODE. SECOND AND THIRD YEARS- Examiner r , Pkofessob Laflamme, 1. De quelles cbosea se compose la commuiiautk de biens en actif et passif ? 2, Quel est TefTet des clauses de realisation et d’ameublisseToent dans hh contrat de manage 7 3, Quand et comment la convention pour reprise de rapport s'exercc t-elle, et an profit de qui 7 4. Quels sont les droits des conjomts sur les biens de la cotntnuiiaute pendant le manage ? 5 t Donnes les modifications mlroduites par la legislation du Pays dans le rdgtme de la communantd tel qu’otablie par la con turns de Paris. 6, Comment aAccepte la communautd et quel estVeffet de racceptation 7 7, Dans quela cas le mari ou ses hdritiers doivcnt ils recompense a la femme lors de la dissolution de la communantd 7 8, Qu’est-ce que la continuation d© communaute et de quels biens se compose-t*elle 7 9, Comment se contracts le dona ire de quoi so compose le douaire coutnmierj pour la femme et pour les enfans 7 10, Comment la femme perd telle son douaire? 11, Quelles sont les obligations de la douairiore ? 12, Quand s T ouvre le douaire 7 pour la femme et pour les ©nfans. Sous quelle s conditions les enfans podVeat-ils ruclamcr le douaire 7 13* Comment la femme conserve-t-ille son douaire sur les biens de son marl ? 14. Quelles sont les exigences de la loi pour permettre a la femme de reclaimer 1© douaire coutumler sur des biena alidnea par le marl ? 15, Quelles sont les reclamations que la femme et les enfans peuveut excrcer pour la perte des biens sujeta an douaire. McGILL COLLEGE, MONTREAL, faculty 3Cuu\ SESSIONAL EXAMINATIONS, 1871. Tuesday, March 7th 4 to 6 p.m., 6 to 7 p.m, 3 for HoNotRS, CIVIL CODE. FIRST YEAR. Examiner* - . . , . .Professor Laflammr. 1. From what sources la oar civil law derived 7 2. How are our civil rights lost? 3. Enumerate the general principles of our code respecting the acts of civil status, 4. When and how are curators appointed to absentees ? 5. What are the qualities and conditions necessary for contracting marriage ? 6. la what cases can a marriage be annulled and what are the con- sequences of such annulment? I, For what causes is separation from bed and hoard granted, and what are its effects ? 8* Give the conditions required by the code to allow a husband to disown a child conceived during marriage ? 9. Who can be tutor and who can claim exemption from tutorship ? 10. What are the duties and the authority of a tutor]? II, How are corporations created in Canada? 12, What are the obligations and liabilities of members of corpo- ration s ? McGILL COLLEGE, MONTREAL. (faculty of |C;itt'. SESSIONAL EXAMINATIONS, 1871. Wudsesday, March 8th 4 r.M. to 6 p.m., for uegreb ; 9 p.it. to 7 p.H. fob Hon o orb. CIVIL CODE OF LOWER CANADA. SECOND YEAR. Examine - - - L aFrwsam. 1. Quell ea sent les dispositions gSnerales du code fur le mandat? 2. Lea mineurs peuvent-lla c tre mandataircs? 3. Dana quels cas s r dtablit la solidarity entre les mandataircs ? 4. Quel les sont les obligations du mamlant enver3 les tiers ? 5. Quell es sont lea obligations du mandataire envers les tier3 ? 6. Qnand et comment le mandataire doit-il rendre compte 7 7. Quelles sont les principals opdrations de commerce des courtiers et des facte urs ? 8 4 Quelles sont les dispositions du code surle pret a intent ? 9. Quelle est la difference entre le ddpdt rolontaire et le ddpdt ndceS- saire ? 10. Quelles sont les dispositions genorales du code sur les transac- tions 7 11. Quelles sont les dispositions du code sur le jeu et le pari ? 13. Qifentcndez-Yous par le content do constitution de rente?— Art. 1787. 13. Quelles sont les dispositions du code sur la nature, la division et Tdteudue du caution nement 7 14. Quelle est la difference entre la caution simple et la caution soli- daire ? — Art. 1941. la. Quelles sont les dispositions du code au sujet do la caution con- ventionnclle, de la caution legale et de la caution judiciaire ■ — Art. 19-39, I9G2* 16. Dans quel a c&s et pour quelles causes la caution peut-elle agir centre Je ddbiteur avant d 1 avoir pay 4 ? 17. Comment s’dteint le cautiounemeat ? Nt B.— The first 12 questions arc for degrees the whole of the questions for Honour Course, 169 MCGILL COLLEGE, MONTREAL. JtttuKg of Saw- SESSIONAL EXAMINATIONS. 1871. Wednesday, March 8th —4 f.m. to 6 h.m., for degree ; 6 F.M, TO 7 P.M.j FOR Hg^OUES, CIVIL COI1L OF LOWER CANADA.' FIRST YEAR- ,Frof, LaFrenayh. Examine^ - * . t _ . 1, DfSfinissez le central de yente et espliquoz comment U vente eat 2, Comment s’opere la deliYrance ? 3, Qu’entendez-voua par tine promesse de vente qui vaut vente 1 4 2)4&tU9CKp ft dfltion en paiemcnL 5 Explique* le droit de resolution d’nae rente d immeoble, faute de ' pntoent du pris, sous Vempire dea dispositions du Code ? 6. Dans quels cas, Vacbeteur doit-il finteret dn prtx ? 7. Definissez la licitation. 8 Outlies sent lea dispositions de Particle 1608 dn Code, an sujet de ceu S qui occupent des heritages, par simple toldrance dn propr.eta.re, TSe eat la difference entre le lounge des cboses, et le louage d'oumge ? * 10 . La Yente de la chose lou<5e a-t-eUe pour do eyerie bad? expliquez les dispositions du Code sur cette mature 7 11. Le locatalre peut-U louer ou cfSder son bail ? 12. EnomGrez les privileges sur lea biens-meubles. 13. Espliqnez la constitution de Phypotheqoe sur des immeubles pos- fddds en franc et common soccage conforms A 1 article -041 u 0 e * 14. Quelles sont les hypotheses legates? 15. Pour comb if n d’annees Venregistrement *Vun acte de vente con- serve-t-il an vendeur lea iutdrfcts an meme rang quo le principal 7 10. Quelles sont Us formality indiqnees par lea dispositions du Co e (art. 2098) quant a renrdgistrement de la transmission par succession, du droit au douftire coutumier ? Art. 2116* 17. Quelles sont les dispositions dn Code sur la constitution de Vbypo- theque conventionaelle? Art. 2040-2042-2044. N.B.-The Erst 12 questions are for degree. Tbe whole of the questions for Honour course. 168 McGILL COLLEGE, MONTREAL, faculty of i^aaj. SESSIONAL EXAMINATIONS, 1871. Thursday, March 9th -■ — 4 TO 7 p m. GIFTS, WILLS, SUBSTITUTIONS AND EVIDENCE. THIRD YEAR. Examiner, Norman W. TrbnholmBjM.A., B.O.L, 1. What were the sources of our law on gifts, wills »nd substitution^ before the Code, and to what enteut did our law on those subjects fal hort of the old French law as it was prior to the Code Napoleon f 2* Point out the principal changes effected by our Code in the law of gifts irafer ihpos and the reasons therefor. 3. Define gill inter vivos and will, and point out fully the differences between them. 4. A goes before a notary and makes donation of a piece of land to B but dies before B accepts the gift. Can B accept the gift after A's death? and would the law be the same if A before the gift is accepted incurred cWi^death or became insane? If it had been B who died, incurred civil death or became insane before the gift was accepted, could the gift be accepted by B's children or heirs, or in his behalf, as 'the case might be ? Give reasons fully. 5. Give an account of the different formalities essential to the validity of gifts in our law, pointing out any exceptions that occur to you. 6. Point out the principal features which distinguish gifts by contract of marriage from ordinary gifts. 7. Give an account of the different kinds of wills among us, and of the sources from which they were derived, and manner and date of their introduction into Canadian law, pointing out changes effected before the Code and bv the Code. 8. Who are incapable of making a valid will by our law, and how would you classify Incapacity? Answer fully with reasons. 9. How are legacies divided by our laws, and what importance attaches to this division. 10. What are substitutions ; bow many kinds exist in our law, and what was there in Roman Law that corresponded to the most important kind among us 7 11. How may substitutions be created, and bow and when may they be revoked and terra in ate d ? 12. What are the principal obligations of the institute, and what are some of the penalties be incurs by default ? 13. Define evidence and its different kinds, end give some o t, e leading rules governing its adduction. # 16 G McGILL UNIVERSITY, MONTREAL. Jacutig af £mr. SPECIAL EXAMINATION FOR THE ELIZABETH TOBBAKCE GOLD MEDAL, 1870. Monday, April 19 th 4 to 7 p*m, third year. jEiamwrr. PaoFsssoa Laflamas. 1. Comment se regient lea droits des parties qni out contract un ma- nage nul-et declare tel, et donnez aussi le resoltat de l'annolation d an mariage par rapport aux enfauts ? 2. Comment sont regle3 les droits d’lin absent dont on n'a pas de noo- Telles, et qoi n’a pas laisse de Procnreur, dans le cas de Vouverture d nne succession dans laquelle U Umait uue part ? 3. Quelles sont les obligations de l 1 113 ufrui tier relativement aux cau- sations pour constructions d T dglise et charges muni ci pales ? 4. Pour quelles causes ^mancipation d uo mineur est-elle accordee et quels en soot les effets ? 5. Sous quelles conditions le proprieiaire d un tonda enclavd de tou3 cotes par d’autres propri6Us a^l-fl le droit de demands uu passage a aueun dea proprietaires qui ravoismeat’? 0. Dau3 quels cas 1®3 enfauts peuventrils r^clamer le douaire 7. Comment la femme commune en bieus s’oblige-t-elle an paiemeut des dettes contractus par son man, et comment peut-elle s T en affranc it - 8. Qu’est-ceque la separation des patrimoines en matiere de succes- sion et comment s’obtient-elle 7 9. Quelles sont les foraalites eiigees aujourdhai par la loi pour do oner effet a une substitution 7 10 Quelle est Idtendue del obligations du iigataire nniversel par rapport an paiemeut des dettes de la succession tis-A-yIs dea creancie * 112 McGILL UNIVERSITY, MONTREAL. ^arulty of 'Caw. SESSIONAL EXAMINATIONS, JS70. Tuesday, Afiijl 5th : — 4 to 6 p,m. ; 6 to 7 r.M. for Honours, CIVIL CODE OF LOWER CANADA. Second and Third Years. Examiner . * + * Professor Laflamme. 1. Comment divise-t-on lea servitudes? 2. Comment s’dtablisBeat B'eteignentles servitudes? 3. Comment et sous quelles conditions peut-on acquerir la mitojemietd d ? un mur ? 4. Quels sent les droits gon<£raux de Pusufnntier sur les immeubles* lea biens incorporela et lea meubles? 5. Quelles sont lea fautes de Fusufruitier qtii peuveot entraSner sa res- ponsabllite via-A-vis du nu propriitaire el quels sont les droits de ce dernier relativement a ces fautes ? 6. Qu’est-ce que Fetnphyteose et quels sont les droits qull confere ? 7. Quels sont les droits des riverains sur les rivieres nun navigabks ? 8. Quelles sont les personnes capablea de transmetlre leurs successions? 9. Quel dtaitTordre de sueedder d’apres la loi anterleure an Code, et a quels btens succddaient les collatdraux et les ascendants en 1 absence daucun enfant on descendant du ddfunt? 19, Comment, dans quels cas, et a quels biens succddentles ascendants etlea collat^raux sous les dispositions du Code? 11. D'apres quelles regies, la loi anterieure an Code transmetlait-elle la succession dea pro pres ? 12. Comment s’accepte nne succession? 13. Dans quels cas j a-t-31 Leu au rapport et comment se fliit-il? 14. A la demands de qui et comment se fait le partage d’tine succes- sion? 15. Comment se regie Is paiement des dettes entre les h^ritiers? 16. Quel est Feffet du partage, et quelles sont les obligations qui en rdsulte pour les cobdritiers entre eux T et vis*a-vis des crdanciers? B. — The first twelve questions are for degree , the whole of the questions for honour course. Ill McGrILL UNIVERSITY, MONTREAL. Jacttltg of ^aiv. SESSIONAL EXAMINATIONS, 18 TO. Tuesday, April 5th : — 4 to G f.m. ; to 1 p,m. fob Honours. CIVIL CODE. First Year. Examiner * , , , , Peofessoe La flam me, 1. Quelle eet, d'apres nos lois, Imposition d'undtr nger relativementa I'acquisitiou et a la transmission des bjens ? 2. Donnes les causes do nullite d’tm manage, 3. Quels sont les droits que les parents d’un absent peuvent exercer as gujet des bfens de babsent ? 4. Quelles sont les causes qui pouvent donner lieu a la separation de corps et quel eat Peffet de cette separation? 5. Quels son t leg devoirs du tuteur, quels aont sea pouvoirs surl e biens du mmeur? 6. Pour quelles causes pent-on demander la destitution du tuteur? 7. Comment 4tablit-on I'd tat civil des particuliers en Canada, 8. Comblen d’especes de curatelles et quand ont elles lieu 1 9. Quels sont les droits d’une corporation, et quelles sont les obliga- tions des membres d’ane corporation ? 10. Quels sont les droits d'un absent qui ravient apres Venvoi ddfmitif accorde? 11. Sous quelles conditions leg enfants nds d’un commerce illdgitime peuvent-ils dtre Idgvtimds ? 12. Dans quels cas le mari et ses bdritiers peuvent41s desavouer la ldgitimitd d’un enfant? 13. Quelles sont les functions du subrogd tuteur? N, B. Toe first none questions an for degree, Tbe whole of the ques- tions for honour cause- 110 McGILL UNIVERSITY MONTREAL, of SESSIONAL EXAMINATIONS, 1870. Wednesday, April 6th 4 to 6 d.m,, for degree \ 9 to 7 f.m, for Honours, CIVIL CODE OF LOWER CANADA. SECOND YEAR. Eznminer ^ . Prof. LaFrenaynb. 1. D^finissca Ic eontrat de mandat. 2. Les mineurs peuvent-iU otre mandataires ? 3. Le mnndataire peut*il substituer un autre dans relocation da maadal? 4. Dans quel cas s Atablit la solidarity enlre les mandataires ? 5. Quelles sont lea obligations du mandant enters les tiers ? €. Quelles sont leg obligations do mandataire envers les tiers ? 7. Qn’entendez-vons par Courtiers et F auteurs, et quelles aont lea priucipalea operations de commerce dout Us se mfelent ? Art. 1735, etc, 8 . Comment se termine le mandat ? 9. Quelle eat la nature et quels sont les caracterea du contrat de cau- tion uemeot ? 10. Quel est Teffet du cautionn ament outre le chancier ei la caution quant an benefice de discussion et de division ct quant a la cession (Tactions et, sub rogation 7 11. Quelles sont les dispositions du Code aur le pr£t a intoret ? 12. Qifest-cc que le sdquestre judicial re, en quels cas et pour quelles causes peut-il avoir lien 7 13. Qu’entendez-roaa par le coutral de constitution de rente ? Art. 1787, 14 . Quelle eat la diff6renc» entre le ddpdt volontaire et le d^pdiudees saire 7 15. Quelles sont les dispositions du Code sur les transactions 7 Art. 1918-1926, 16. Quelles sont les dispositions du Code sur le jen et le pari? Art. 1927-1928. N,B. — The first 12 questions are for degree. The whole of the questions for Honour course. 107 McGill university, Montreal. Jarulty of -Eaui. SESSIONAL EXAMINATIONS, 1870, Wednesday, April 6th:— 4 to 6 p.m., for degree; 6 to 1 p h, } for Honours. CIVIL CODE OF LOWER CANADA. FIRST YEAR. Examiner i . . . . . Prof. LaFbeNATB. L Quelles gout les principles obligatlona du vendeur 7 Art. 1491 et seq, 2. Quelles sont les prineipalea obligations de l'ucheteur ? Art. F5 32 et seq. 3. Exp liquet la capadtG d’acbcter ou de vendre. 4. Comment s’opere la dblivrauce ? 5. Definlasez la dation en paiement? Art 1592. 6. Qu’entendez-vous par la foil© encbere suivant Particle 1568 ? 7. Ddfimssez la 1 l citation ? Art. 1562. 8. Quelles sont les dispositions generates du Code aur le lounge des chosci 7 9. Quel est le droit prinldgie du locate ur pour le p dement de son loyer 7 * 10. La vente de U chose londe a-t-ell© poor effet de casscr 1c bail ? Expliques lea dispositions du Code sur cette maliere, 11. Enntn4rez les privileges sur les biens menbles? Art. 1993-1994. 12. Qu’est-ce qu'une bypotheque et quel enestson effet? Art. 2016, etc. 13; Expliquez la constitution de Thypotbeque snr de3 irameubles pos- sess en franc et common soccage, conformement d Tarticle 2041 du Code 7 14. Quels sont les privileges exemptds de la formalttd de lenregistre- ment ? Art. 2034. 15. Quelles sont les formalins iudiqueea par les dispositions du Code (art. 2098) quant a renrdgistremcnt de la transmission par succession, et du droit au douaire coutumier ? Art. 2116, 16. Quelles sont les bypotbeques legales 7 Art, 2024, etc. 17. Quelles sont les dispositions du Code sur la constitution de Fhypo- tbeque convention nolle 7 Art. 2040-2042-2044. }y\ B. — Tbe first 12 questions are for degree. The whole of tbe questions for Honour course. 106 McGill college, Montreal. faculty af |Eaw. SESSIONAL EXAMINATIONS, 18T0. Thursday* April 7th 4 to G p.m., and 4 to 7 for Hofirocsg. GIFTS, WILLS, SUBSTITUTIONS AND EVIDENCE. THIRD YEAR. Examiners , Prof. Torrance k Mr, Tren holme, 1. Define gift And will, and point out essentials and differences in each, 2* Wbat are the principal changes that have been effected bj the (Jade in the Law of gifts 7 how would you class these changes ? 3. May a gift be made of future property, or subject to the payment of future debts, or revocable at the will of the donor? Answer fully with reasons, 4. Give some of the moat important changes effected by the Code iu the Law of Wills ? 5. When must capacity to make a will, or receive under it, exist ? Answer fully with reasons, 6. In what cases do legacies lapse, and why the difference between legacies or testamentary and abintestate successions ? When does the right of accretion exist ? 7. How are wilts revoked and is a revocation contained in a subsequent will, which itself is inoperative or void, effectual ? Answer fully with reasons. 8. What are the kinds of substitution in our law, and define each, point- ing oat any connection or differences you know of between our law and Roman Law, 9. Wh Q Q and where must gifts aod wills containing substitutions be registered, and what are the character and object of this registration and the penalty upon the institute who neglects to have It effected ? 10. Define evidence, and give the different kinds, pointing out the char- acter, sphere, and advantages or disadvantages of each kind. 2L Mention some of the principal legal presumptions which you know* Of. 12. Where do you look for our law, on gifts, wills and substitutions* as it stood before the Code? 13. What are some of the principal characteristics that distinguish gifts by contract of marriage from ordinary gifss? 14. What are the different causes of revocation of gifts, and how do different revocations differ in their effects as regards third parties who may have acquired the property of the gift ? Give reasons. 15. What is the position, and what are the principal rights, duties and obligations of the institute before the opening of the substitution, and what penalties is he exposed to in case of default ? 16. What are the sources respectively of the different branches of our law of evidence, and point out some of the principal changes that have taken place in each, since the Cession? — The first 12 questions for degree, and the whole for honors or standing. 104 McGILL COLLEGE, MONTREAL. SPECIAL EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL, I860. APRIL 21st; — 4 TO ? P.M. Examiner t . Professor L afrhnAYC. 1. Bxpliquez les dispositions du code stir la prom esse de rente ? 2. Eipliquez le droit de resolution d’uae rente d'immeuble faute de paiement du pm 7 3* Qiventendez-rous par la faculte de remerd et quel esi son edet . 4, Dans quels cas le locateur peut-il exoccer un droit faction pour re- tilier le bad ? . . 5, Le locataire a*t-il le droit d’enlever lea ameliorations qu il a taites a la chose loude 7 6, Comment se termins le contrat de lounge des choses ? 7,. Expliquez les dispositions dn code sur loa transactions? 8. Qnelles sont lea principales dispositions dn code aur les rentes via* geres? 9, La dation an paiement d&charge-t-elle la caution ? 10. Qnelles sont les priocipalas dispositions du code sur le gage ? Examiner r * - * Professor Laflamme. 1* Quels sont les effets parliculiers du mariuge annul e dans le cas ou les dpoux ou Fun d'eux dtaient de bonne foi? 2. Quels sont les poimnrs du tuteur en ce qni concern® les biens du mineur? , , 3. Quel est en gdndral reflet des actes passes soil par le tuteur sent par le mineur, sans automation du conscil de famille ou du juge 7 4. Dites ce que c ? est que la representation et sous quelles conditions el 3 e peut avoir lieu 7 , , . , . 5. En rertu de quel litre un bien pouvait-il acquerir la qualite de propre de succession sous le droit antdrieur au code 7 6. Les choses dont nous deletions propri^tairea en vertu d un droit qtu nou3 a did transmit & un titre que fait des propres, nous tie nneut-e lies na- ture de pro pres ? * t 7. Le rapport en matiere de succession se fait-il en nature 8. Les h^d tiers de la femme peuvent-ila dans tous les cas exerefer le droit de reprise d’apport 7 , 9. La separation coatractuelle differe-t-elb de le delusion de corumn- 10. Comment chacnue des parties est-elle tenue dys dettes de la conti- nuation de communaufe 7 Examiner* . . » Professor Carter, 1, Into how many classes are ofFencea at common law divided 7 Give a definition of each class fully. 2 f Explain what is meant by Common law ; and in what manner and to what extent it forms part of the criminal law, 3. What is the difference between an Appeal, and the remedy by Cer- tiorari? Explain the law applicable to each, and the formalities to be observed in the prosecution of these remedies. 146 McGILL COLLEGE, MONTREAL, Jiimlty ct gSmv. SESSIONAL EXAMINATIONS, 1869, Wednesday, April 7th, — 4 p.u to6 f.m,, for dig ree j 6 p.u, to 7 p,m,, for Honours. CIVIL CODE OF LOWER CANADA. THIRD YEAR, Examiner ^ . - ♦ ■ Phof. Lafht^ay* * ], Expliquea la prescription acquisitive, 2, Expliqucz la prescription extinctive on liheratoire, 3, Feut-on re n oncer d’avauce a la prescription ? 4, Les Tribunaux peuveut-Us supplier d'office la prescription? 5, Quelle eat la possession require pour la prescription ? 6, Enumdrez lea causes principalea qui empecksnt la prescription ? 7, Comment la prescription a-t-elle lien contra VEgliae ? 8, Quelles sont les causes qui interrompent la prescription ? 9, Quelles sont les causes qui suapendent le conrs'de la prescription ? 10, Bans quels cas la proscription de trente ans s'applique-t-elle ? 11, Dans quels cas un titre-nouvel doit-il §tre fourni ? 12, Comment s’acquiert la prescription par les liers-acqudreurs ? 13, Aprea quel laps de temps, les architectes et les entrepreneurs sont- ils decharges de leur garaatie? 14, Dans quels cus Faction est-elle preterite par cinq ans ? par deux aus ? j ar ua an ? 15, Dans quels cag de prescription la or^ance est absolument ^teinte et nulle action ne pout fetre reque ? 16, Quelle est ia difference entre la contraiate par corps pour causes d'action civile, pour rebellion a justice et pour mdpris de cour ? 17, Expliquez la nature, F6tendne etla dur4e de la contraiate par corps centre ie gardieu. 18, Dans quels cas et comment s’opere Farrestation d’und^biteur pour dettes par bref de capias ad re$p ondendu m f N. B. — The first 12 questions are for the Degree, All the IS questions' for the Honour course. 142 McGILL COLLEGE, MONTREAL, Jjatultg of SESSIONAL EXAMINATIONS, 1869. Thursday April 8th : — 4 p.k, to S p + m. AND 4 P.Mb TO 7 P.M. FOR HONORS. Tamo YEAR, Examiners * Professors Torrance and Trenholme. 1. In how many ways may a person by our law dispose of bis property ty gratuitous title ? Define each pointing out essential differences. 2. A being about to die or incur civil death hands to B. as a gift a sum rf £tOQ; is the givit valid, and on which principle is the law based in ibis matter? 3. In wbat form must all gifts and acceptances thereof be made and what exceptions to the general rule ? 4. May a gift be accepted after the death either of the donor or donee ? Give reasons. 5. What was insinuation of gifts ; whence did it derive its origin and when was it supplanted in our law ? 6. What was the actio pauiiana and does it exist ia our law ? 7. Mention some of the principal features that distinguish gifts by contract of marriage from ordinary gifts inter vivos ? 8. Mention some of the principal changes effected by the code in the law of gifts (1 ) as to the capacity of different persons and classes of per- sons to make or receive gifts ; (2) as to acceptance and delivery in gifts; (3) as to the revocation of gifts ; (4) as to the enumeration of moveables |n gifts. 9. How many kinds of wills exist in our law and explain each ? 10. May a will void as a will in the form in which in purports to be made nevertheless be valid as a will in another form ? 11. Mention the principal changes effected by our code respecting wills ? 12. What is the right of accrual (Jus accre&cendi ) between legatees and when does it take place ? 13 Mention some of the leading rules to be born in mind in the ad- duction of evidence' 14, Define evidence and mention its different kinds, stating how each kind maybe contradicted or disproved, 140 15, What was the law of evidence in force in Lower Canada at the time of the Conquest and give a sketch of the more important changes that have taken place in it since that date mentioning the ordinances and statutes effecting the same, 16. What crimes render a person incompetent ns a witness on account of infamy and state whether in ail cases this is a perpetual infamy according to our statutes? 1 V, What matters may be proved by testimony of witnesses and how many witnesses are necessary to established a fact ? 18. What four general rules does Pothler deduce from the Ord* of 16 j 7 respecting the admissibility of parol evidence ? 19. What was the Statute of Frauds and which of its pro visions exist in our law 7 How and when were the® introduced ? 20. How are presumptions divided and define each kind ? * The following questions are for honors : 21. Mention some of the consequences that follow respectively from the doctrine (i) that a gift is a contract : (2) that it is irrevocable : (3) that it must be gratuitous* 22. What is the right of separation of property (siparaiion dt patri- moin*) and when and by whom may it be exercised ? 23. What ordinances in France regulated the law respecting gifts, wilts and substitutions at the time Pothier wrote and were these ordin- nces ever law in Lower Canada? Give reasons. 24. Why is it important to know the law respecting gifts in force be- fore the Code as well as under the Code ? 25* From what time does the legatee acquire rights which are trans- missible to his heirs ? 2fi. How many kinds of substitutions are there in Lower Canada, and define each? 2?* What is the legal presumption that arises from a marriage in Lower Canada without a written contract of marriage, and does the same pre- sumption exist in case of persons marrying in England who afterwards remove to Lower Canada? Explain the principle on which the law pro- ceeds in these ma iters* 28. What are the different kinds of oaths that may be administered to an opposite party in a suit, and explain each? 29. Row 13 the juramentutn judicial^ divided, and when is each properly administered ? 30* Mention instances in our law where a person is allowed to give testimony for himself. 141 McGill college, Montreal. Jacuiti} of gJaw. SESSIONAL EXAMINATIONS, 1869. Tuesday, April 6th. CIVIL CODE. SECOND AND THIRD TEAR. Mvammer i * * , . . . Professor Laflamme. 1. Quand et par quela actes se font les conven tions matrimoniales? Quelles regies particuli£res la lol a-t-elle dtabli concernant ces conven- tions ? 2. Comment se forme la communautd de biens 7 de quoi se compose-t- die ? Quelle s en soot lea charges et dettes ? 3. Quelles aout les clauses et conditions les plus ordinaireg concernant la communautd conven Uonnelle ? 4. Quels sont les droits deg conjoints sur les biens de la communautd legale pendant qu’elle subsist© 7 5. Comment se dissent la communautd ? 6. Comment les crdandera respectifs del dpoux peuvent-ils esercer leurs reclamations contre eus pendant la communaute etapressa dissolu- tion, t. g. le crdancier du mari ou de la femme pour one dette antdrieure an manage, de xueme pour une dette contracts pendant le manage ? 7. Ponr quell es causes la femme ou ses hdritiers peuvenUls te darner indemnite contre le mari ou ses lieiitiers, apres la dissolution de la com- munautd ? 8* Qu'est-ce que le douaire, combien dkspeee, quelle est sa nature ? 9. En quoi consist© le douaire Idgal est le douaire conventlonuel de la femme et des enfants, quels biens y sont sujets? 10. Quand et comment sa contract© V obligation du douaire ; quand egt-il ouvert ©t comment la femme en est-elle saiste ? 11. Quelles sont les charges du douaire pour la douairi&re et pour lea enfants 7 12. Comment finit le douaire et pour quelles causes une femme peut- elle etrfi privde de son douaire 7 13. Sous quelles conditions leg enfants penvent-ils rdclamer leur don- ire ? 14. Quelles alienations faites pendant le manage del propridteg su- jettes an douaire font perdr© le droit des enfants au douaire sur ces pro- pridtds et quelles sont ieurs reclamations centre les hdrllierg du per® en pared caa ? 139 McGILL COLLEGE, MONTREAL. ^arutttj of ICau’. SESSIONAL EXAMINATIONS, 1869. Wednesday^ April 7th . — 4 p.m* to 6 p M.j tor degree: 6 p,sr. to T p.m\j for Honours. CIVIL COLE OF LOWER CAKADA. FIRST YEAR, J> Examiner, Frof. LaF renaye, 1* Q wiles sont les dispositions generates du code sur le contr&t de vente ? 2. Expliquez U capacity d’acheter ou de vendre, 3. Quelles sont les clioses qui peuvent 4tre vendues ? 4* Comment s f op5re la delivrance ? 5. Expliquez la garantie* 6 - Dans quels cas Facbeteur doit-il FiBt&$t da prix ? 7. Comment s'opdre la vei'te dea erdances et droits diction ? 8. Quell es aont lea dispositions generates du code stir le lonage des choses ? 9. Quel est le droit privilege du locate or pour le paiement de son lojer 7 10. La vente de la chose louee a-t-elle pour eflfet de ca-sser le bail ? Exphquqz les dispositions du code sur cette matiere. 11. Quel lea sont les dispositions de Particle 1603 du code au stijet dn bauV' 11 0ccGperitdea b ^ rita £ e9 par simple tolerance du proprietary sans 12. Quelles aont les r4parations necessaireg auxquellea est tenu le locateur f 13. Le locataire peut-il loner ou edder son bail ? H* Quelle est la responsabilite des voituriers pur terra et par eau 7 15. Enum4rez les privileges sur les biens meubles, it?* Dednissez. Fbjpotheqne. 17. Quelles sont les dispositions du code sur Fhypoiheque convene tionnelle? .. 5 '^V The first 1% lotions are for degree. The whole of the ques- tions for Honour course. 135 McGILL COLLEGE, MONTREAL. Jatutty of %mv. SESSIONAL EXAMINATIONS, 1803. FrjdaYj Arril 17th: — 4 p.m, to *i p.m. for degree. — 4 p.m. to 7 f.m. FOR HONOURS, CIVIL CODE, ARTS. 754 TO 981. » « ARTS. 1203 TO 1253. THIRD TEAR, Examiner. • «*.«*..*•»..,,*..'»*•*»*** * Prof* Torrance. 1. What ia a gift inter vivos? What is a Will? 2. What are the principal rules of the Code as to the capacity to give and to receive by gift inter vivos ? 3. What are the principal rules of our Code as to the form of gifts and of their acceptance? 4. What are the chief rules of our Code as to the revocation of gifts, and state wherein these rules are an amendment of the previous law ? 5. What are the chief rules of our Code as to the capacity to give and receive by will ? Are any of these rules an innovation upon the old law ? 6. What are the forms of Wills by our Code ? Are any of the rules as to forms changes from the old law ? If so, which ? 7. What are the rules as to the bequest of a thing which does not be- long to the testator. 3. State the rule as to the seizin of legatees, and give its history, 9, Has the wife of the institute any subsidiary recourse against the property of substitutions for the securing of her dower or dowry ? What is the history of this question? 10. What is now the form of a notarial instrument? What was the anterior law? 11. State the exceptions to the rule that all persons are legally com* petent to give testimony, 12, In what cases may proof be made by testimony ? Supplementary Questions on the Roman Law for the Gold Medal. 13. What is the difference between the tutorship and the curatorship ? Why were prodigals interdicted and not fools? Was an adult forced to receive a curator ? In what cases was a curator given to pupils, 141 14. What were the consequences of a tutor sutpectm being removed from office? In what case was there corporal punishment? 15. What is an institution of heir? What is meant by hates suns'! What was the effect of omitting a postumus ? What was the form of es- heredation ? Who were the postumi veUeitmi ? I n what did Justinian modify the rules of exheredation ? 16. How was the succession of freedmen regulated by the law of the 12 Tables ? What were the modiSeations introduced by the Pra?toman law ? by the Tax Papia ? by Justinian ? 1?* In the interest of what persons could the mandat urn be contracted ? Did the mandate in the interest of a third party produce obligations ? if the mandatory exceeded his instructions, did be bind the mandator ? Was the will of the one or the other sufficient to terminate the manda- turn ? What if the mandatory or third persons were ignorant of the termination of the mandate ? 16, Was the owner of a ferocious animal held for the damage caused by the animal ? Could several penal actions be cumulated with respect to the same delict? 19. When was a party, pleading mo nomine, obliged to furnish security before or after Justinian ? What security was to be furnished by the attorney of the plaintiff or that of the defendant? State an exemption under Justinian, 142 McGILL COLLEGE, MONTREAL. JParuUg of jChu*. SESSIONAL EXAMINATIONS, 3868. Thursi>at, April 16th : — 4 p.m. to 6 p.m. CIVIL CODE OF LOWER CANADA. THIRD TEAR, Examine r ... Peof, LaFrhnatk. L Enum^rez lea privileges qni distent sur les meubles sons Lempira dea dispositions dn Code? Art. 1993-04. 2, Quels sont les privileges qui existent snr lea immenbles ? Art. 2009, etc. 3. Qn r est-ce qu'une hjpotteque et quel est son effet? Art- 2016, etc. 4. Expliquez la constitution de Fhypotheque snr des immenbles poss§- d^s en franc et common soccage, conform 6tnent a Particle 2041 dn Code. 5. Quelle a sont Ies bjpotheqnes le gales ? Art 2024, etc. 6. Qnellea sont lea dispositions dn Code sur la constitution de Fbjpo- theque conventionnelle ? Art 2040-2042-2044. 7* Qn'estce qne le d^laissement ? Art 2079. 8. Ou doit £tre eor^giatr^e larenonciationao douaice aune succession ou a une comm anantd de biens ? Art 2126. 9. Pour combien d'annAes remAgistrement d’nn actede rente conserve- t-il an vendeur lea mt<£r§ta an m&me rang qae le principal ? Art. 2122. 10. Dans quel cai la demands fortune deraut nn tribunal n’interrompt pas la prescription ? Art. 2225, etc. 11. Quests ce qne la prescription trentenaire 7 Art. 2242, etc. 12. Quelle s sont lea personnel qut sont contraignables par corps T Art 2272. HO * % . . - V r McGill college, Montreal. faculty of %m. SESSIONAL EXAMINATIONS, I8S8. Thursday, April IGth: — 4 p.m. to G p.m. CIVIL CODE OF LOWEB CANADA. SECOND YEAR, Examiner j , , , . Prof, LaFksnays. 1. D4fini3sez le contrat do mandat, 2. Quelles soot les dispositions g^ndrales da Cdde Civil aar le mandat ? Art. 1701 et seq, 3. Comment le mandat se termine-t-il ? Art. 1755. 4. Expliquez lea dispositions du Code aurle pret a intdret? Art 1785, 5* Quelle est la difference entre le ddpot volontaire et le ddpot neces- saire ? 6. Quelles sont lea dispositions gdndralea du Code sur lea transac- tions? Art* 1918-1926, 7. Quelles sont lea depositions du Code stir le jeu et le pari? Art, 1927-1928, * 8. Quelles aont les dispositions du Code sur le central de nanti&ge- ment? Art. 1966, &c. f 9. Quel les sont les dispositions du Code au sujetde la caution conven- tionuelle, ftc la caution legale, et de La caution jadlciaire? Art. 1930, 1963, 10, Qu’estce quo le bftnefice de discussion? Art. 1943, &c, II. Quelle est la difference outre la caution simple et la caution so li- ft a ire ? Art. 1941, 13. Quelles est la difference entre les functions du courtier et celleB du ■facteur. Art 1735, 1736. ■ 134 > McGill college, Montreal. faculty n( ?£hu'. SESSIONAL EXAMINATIONS, 1B68. ThtbsbaVj April IGth:— 4 to 6fj, CIVIL. CODE OF LOWER CAXAJDA. FIRST YEAR* Examiner . . ♦ * * Professor Lafrbnatb. I. Quelles son t les principal es obligations da Yendeur? Art* 1491 et seq. 2* Quelles soul les priucipales obligations do Facheteur ? Art 1532 et eeq, 3, Quelleg sont les dispositions des articles 1582, 1583, et 1584 du Code Civil sur la Tente des droits litigieux ? 4, Ddfinissez la Dation en paiement? Ait 1592. 5, Q dentende z - yob s par la folio en chore Buivant Particle 1568? 6* Qu’eutendez-Yous par la faculty de r£rata6 v et quel en est son effet ? Art. 1546. 7* D4finissez la Hesitation ? Art. 1562* 8* Quelles sont les dispositions de l’ar tide 1608 du Code au sujet de ceui qui oecupent des heritages par simple tolerance du propri^taire* sans bail ? 9* Quelle est Fetendue dn droit privil£gi£ da locate ar^ sur lea effetg, raobiliers qai se trouvent gur la propri^t^ lou6e? Art. 1619 et eeq. 10* Quelles sent les reparations n^cesiaire3 atrxquelleg est tenu le lo- cated? Art. 1613. II, Quelle est la reaponsabilite des voituriers parterre et par eau ArL* 1672 et ssq. 12. Quelle est la responsabilite de l’ouvrier qai fonrnlt la matiere et se charge de fftire tout Touvrage? .Art* 1684. McGill college, Montreal. jgimttttj of SESSIONAL EXAMINATIONS, 18G8. April 15th 4 f.m. to 6 p.m, first year students. ..... Phot- Laflamhe, L La quality de sujet britannique confer e-t-ello das droits particulars, comment peut-on l’acqudrlr ? 2. Dans quels cas la mort civile a-t-elle lieu, el quels en sont les effete ? 3. Quelles emit lea priucipaleg dispositions eur leg actes de l’etat civil, Feut-on y supplier et les rectifier, dans quels cas et comment? 4. Qu’est-ce que le domicile, comment s’dtablit-il? 5. Sous quelles conditions peut-on obtenir la declaration d’abseuce et quelles sont les forcnalitds a observer pour qu'elie ait lieu. 6. Quand a lieu renvoi eu possession, comment peut-on Tobtenir et comment se termine-t-il ? I . Quelles sont les conditions et qualitds requites pour contractor uu manage valide ? 8. Four quelles causes les dpoux peuvent-ils obtenir la separation de corps, et quels en sont les effets t 9. Dans quel cas le marl pencil ddsavouer la paternitd de l'enfant nd ou con^u pendant le mariage ? 10. Quels sont ceux qui out droit a la tutelle et quelles sont les causes qui dispensent d’accepter la tutelle, cellos qui rendent incapable de Lex- er cer, et celles qui doivent faire destituer le tuteur en exercice ? II. En quo! consiste l 1 administration du tuteur, quelles sont ses obli- gations? 12. Comment et quand a lieu Fdmancipatioii ? 13, Qu’est-ce qn« la cur a telle et quand sut-elle lieu ? H. Comment sont constituees les Corporations et quels en sont les prin cipaux c ar ac te res ? 16. Quels sont les droits et privileges des Corporations? IS. Comment s’dteignent les Corporations? 130j McGill university, Montreal. (fnculti! of %m. SESSIONAL EXAMINATIONS, I860. Wednesday, April 4th: — 4 to 6 p.m* third year. Examiner, * , , .Prof, Lafeenaye, B,C*L. 1. Quel est le louage des choses et en quo! ce contrat differe-t-il des contra tg de rente et de mandat? 2. Quelle est la difference entre le contrat de lotiage et Fempliyt^ose ? 3. Quelles sont les obligations du bailleur ? 4. Quelles sont les obligations du preneur? 5. Quelle est la nature et quels sont les caracteres du contrat de cau- tionnement? 6. Quel est l f effet du cautionnement entre le crdancier et la caution quant au bendfice de discussion et de division et quant a la cession factions et subrogation ? 7. Quels sont leg effeta dn contrat de cautionnement entre le ddbiteur et la caution ? 8* Comment s’dteint Ie cautionnement ? 9. Quelles sont les principales dispositions du contrat de depot ? 10* Quelles sont les obligations du gardien? 11. Quelles sont les direrses lots et ordonnances qui ont introduit et modify la contrainte par corps ? 12. Quelle est la difference entre la contrainte par corps et le eonfempf of court dans le droit anglais? ♦ 30 * McGILL COLLEGE, MONTREAL, faculty at gm. SESSIONAL EXAMINATIONS, 1866. Tuesday, April 3rd; — 4 to 6 p.m, CUSTOMARY LAW. SECOND AND THIRD YEAR STUDENTS* Examiner } Prof. La fl amme . 1. Comment B’ouvre une succession, et comment se transmet-elle ? 2, Qnelles sont leg regies suivies poor determiner la transmission des biens dans le cas oft plusieum personnel respecti Yemen t appel4es a la succession Pune de l'autre p£ris$ent ensemble ? 3. Comment la Id qui nous r4git actuellement ddfere-t-elle la suc- cession ; I. par rapport aux descendants ; 2, par rapport aux ascendants ; 3* par rapport aux collat4raux? 4, Donnes lea cbangements introduitg par le projet du. Code dans la transmission des biens par succession? B* Comment et par quel aote peut-on accepter ou r^pndiemne succes- sion, et quel est Peffet de Pacceptation 7 6. Qui pent demander le partage des biens communs et quels sent lea prccMds pour y arriver ? 7* Dans qnel cas y R-t-11 lieu a rapport en matiere de succession ? 8, Comment se rdpartissent lea dettes entre les divers hdritiers et legalaires? 9. Qnelles soot leg modifications apportdea par le projet du Code aux anciennes lois Franqaises en matiere de Donations entre-rifs ? lfl. Combien d^especes de Testament? et donnei lea formalitds essen- tielles requlses pour la validity de chacune. 11. Qu T est-ce que la separation des Patrimolnes ; quand et pour quel objet est-il demandd ? 12* Par quels actes peut s 5 4tablir unc substitution? 13. La prohibition d’alidner constitue-t'dle une substitution ? 14* Quels sont les droits respectifs du greyd et de Pappeld pendant Pexistence de la substitution, et avant Pouverture ? 15. Jusqu’a quelle lirniie peut-on substituer? 146 . McGILL COLLEGE, MONTREAL. ^acultjj of 3pnu\ SESSIONAL EXAMINATIONS, 1866. Tuesday, April 3rd: — 4 to 8 f.m. CUSTOMARY LAW. FIRST YEAR- Examiner , , , . , Pro?- Uaflakme. 1. Comment prouve-t-oa l^tat civil des personnes ? 2. Quelles sont les in capacity I resultant de la qu&Hte d-dtranger non naturalist ? 3. Qu’entend-on par tnort civile, et pour quelles causes est-ellc en- conrrue ? 4. Qrfest-ce qne renvoi on possession dca biens d T ua absent ; quand, comment et a quelles conditions est-il accordd 7 5. Quelles aont les conditions essentieiles pour la validity d’un mariage ? 6. Qni peut interdir Taction on nullitt du manage, et pour quelles causes ? 7. Quelles aont les causes qui donnent lien & la separation de corps ; comment s'obtienUelle ? 8. Quelles en sont les consequences par rapport aux deux parties ? 9. Dans quel eas ie maci est-il autorisd a d^savouer un enfant T 10. Qu’est-ce quo la tutelle, par qui et comment est-elle ddfdrde ? IX, Quels sont les actes que le Tuteur peut faire soul* ceux qui lui aont interdits, et ceux qu'il peut faire avec Tautoriaation du Juge ? 12* Quelles sont les obligations dtt Tuteur? 13. Qu r est-ce que la Curate lie ; dans quel cas est-elle 4tablie T 14. Donnez les divisions principales dc biens d'apres la loi, et les mo- difications apportdea parle Code dans la classification de certains biens . 15. Quelle est la difference entre Tusufruit et T usage ? 16. Quelles sont les obligations de l’usufruitier ? 145 McGILL COLLEGE, MONTREAL* SESSIONAL EXAMINATIONS, 1865. Tuesday, April 11th i to T p.m. LAW FACULTY— CUSTOMARY LAW. SECOND AND THIRD YEAR STUDENTS. Examiner, Laflammk. / 1. Comment s'etablit la comruunautd do biens et do quoi se compoae- t-elie T 2. Quellfi3 soul leu charges de la eommunautd ? 3. Comment so reglent ies reclamations des conjoint® apres la disso- Julian de la communautd, a raison des ameliorations faites sur les propres respectlfs dea coujornta el pour le paiement des dettes prop res a ciianuc deux ? 4. Comment se dissout la eommunautd de biens ? \ 5, Comment rttablit ia continuation de communautd ; de quo! se com* ^ose-t-elle ? G* Combien d’especes de douaires? 7, Quels sont lea biens du marl qui sont sujets au dona ire costumier; en quo! consiste-t-il ; d'abord pour la femme, puis pour les enfants i 8, Quand le douaire est-il ouvert; comment la femme en est-elle Bui*' gle ] quand et comment les enfants peuvent-t-ils rdclamer le douaire t 9. A quo lies charges la femme est-elle tenue en acccptant le douaire coutumier 7 10. Quelles sont les actions aiixquelles donne lieu TouYerture du douaire ? 1L La femme douairiaire a-t-elle droit de prendre le bien sujet au douaire, tel qu’il est, sans dgard aux ameliorations qne le man a pu y faire ; et comment ces reclamations sont-elles rdgldes 7 / 12. Quels sont les privileges reconnus par la loi sur les biens? / 13* Quels sont leg privileges sur les immeubles, et quelles sont les (conditions pour leur exercice? 14. Combien d'especes d’hypotheques? 15. Quelles sent les principales dispositions de la loi d'enri^gUtrcment au sujet des hypolheques? 16. Quelles sont aujonrdlmi les principles dispositions relativement aux hypotheques legates et tacites? 17. Quelles sont les exceptions qu’ou peut opposer a Taction hypo- thecate ? 115 McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1863. Tuesday, April 11th 4 to 7 p.m. CUSTOMARY LAW AND LAW OF REAL ESTATE. FIRST YEAR- Examiner, — Professor L aflamme. 1. Quelles sont, dans noire droit actuel, lea incapacity qul resulted de la qualitd d J Stranger nqn naturalist 7 3, Quelles son! les causes de la mort civile en Canada 7 3. Comment dtablit-on Tdtat civil dea personnea relatlvement a la naissance, au manage, ou au dtces ? 4. Sous quelles conditions et suivant quels procddes les parents de ^absent peuvent-ils rtclamer see biens? 5. Quelles stmt lea obligations du tuteur ; quelle eat Intend ne de son autoriM relatlvement a la personne et aux biens du mineur ? 6. Comment trait la tutello ? Pour quelles raisons peut-on s’excuser de la tutelLe, et pour quelles causes peut-on obtenir la destitution d f un tuteur ? 8, Quelles sent les quality et conditions voulucs par la loi pour con- trader un mariage ? 9. Qu'est-ce qua la separation do corps, quand a-t-elle lieu et quels en sont lea effets 7 j 10, Donnea lea principal ©3 divisions dea Liens d’apres la loi et ce * qu’ellea comprennent. / 11, Quelles sont les obligations de Vusufruitier 7 \ 12, Quelle eat la difference entre F usage et Lusufruit? 114 ■B * McGill college, Montreal. SESSIONAL EX A MINATIONS. Wednesday April 12th: — 4 to 7 p.sl > LOU AGE, CAUTIONS EM EXT. THIRD YEAR- Examiner, Professor Lafrenaye. i 1 1. D^finUsez le contrat do louage des choses. 2 . Comment ® f eserce le droit de suite du conductor d’apres Pancien droit et lea modifications apporttfes par les loia Statute ires ? 3. Le bail se rdsout-il par la vente de la chose louee 7 4* Quelles sont les fins de non-recevoir que le locataire pent opposer aux arr4 rages de loyer 7 5, Le loyer eat-il preacriptible ? par quelle loi et sous quelles circons- lances 7 6, En quels c&s l’action en expulsion peut-elle &tre excrete ? 7, Quels sent les principes du contrat de louage appli cables aux ser- viteurs, employes et autrea engages ? 8, Quelles goat les formalitds udcessaires pour mettrc le bailleur en mesurc de faire retabllr, par le locataire, les lieux loa£s, en aussi bon 4 tat qu'il les a re (jus. 9, Expliquez la nature et l’4tendue du contrat de cautionnement, ID. liapportea les diffdrentcs causes de son extinction. 11 . Sons Umpire de quelles lois et en quelles eirconstances la con- trainte par corps peut-eHa etrc exercde 7 12. Qu’cntendes-vous par VJltlaehment for contempt of Court r et quell# est la procedure a suiYre cu nn tel caa ? 113 ■ Second and Thibd Tea a Students. 1. Qudles gout lea personuea qui ont droit de transmettre et quell es aont celles capables de receuillir une succession? 2. Quel est Pordre suivaut lequel elles so dGfdrent? 3. Comment s'ouvre une succession ? 4 . Comment sent r^partiea lea charges et dettca d’une succession, — et quel efFet peut produire Pouverture d’une succession ris-a-vU des cr4au- ciers du d6funt ? 5. Combien de substitutions reconuues dans notre droit. Et quel lea en aont les formality eaaeutidlea ? 6. Comment se fait une substitution ct quel cst Feffet d T uue substitu- tion fis-iUvia du grev£ et vis-a-vis des substitutes avant Pouverture 1 ?* Combien d’especes de testaments reconnues par notre droit et quelle a aont leurs formalitda essentielles. 3 , Quell es aont lea formality* essentielles pour la Yaliditd d’une dona* tion eutre vifs ? 9. Comment et pour quelle* causes peut*cn r^voquer une donation eutre vifa ? McGlLL COLLEGE, MONTREAL, SESSIONAL EXMINATIGNS, I8G4. Wednesday, April 13th -4 p.m. to G p.m. COUTGMES, ORDOXSTANCES, &o. FIRST YEAR. Examiner , - .Professor Lafrenaye. 1. Quelles sont leg principles sources du droit franqais? 3. Far quelle coutume sommca nous r£gis et de quel Parlcment buL tons nous la jurisprudence ? 3. Qu'entendez vous par meubleSj Immcubles, acquits et proprcs? 4. Quelle 3 sont les differentes prescriptions Gtablies par la coutume de Paris ? 5. De quelle manidre peut s T acqudrir une servitude ? 6. De quela biens se compose la communautd ? 7. Quelle eat Vdtcndue des droits que la femme s4par<5e de biens pen excrccr? 8. Quels sont les testaments reconnus par Tar tide 289 du litre 14 d la coutume j et qudle estla lot statutaire qui regie la maniere de tester 9. Quelles sont lea principales formal! tds rcquisea par la coutume peu la validity d'une donation? 10. Quelles sont lea principalea regies dea successions guivant le titr 15 de la coutume. 11. Dans quda caa lea ordon nances des Hois de France avaicutellc: force de lois 7 12. Comment a’est introduit le droit Remain commc autorite dans 1 droit frauds? ^ajpwltjj of gl»w. McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1862 , THURSDAY, AfRIL 24THI 4 F.M. TO 6 F.M. DROIT CIVIL ET CODTUMIER, SECOND AND THIRD YEAR, Examiner , * . Professor L ajl ahme. 1. Quest-ce que la succession 7 2. Quellea sont lespersonues capable! de transmettre leur succession? 3. Quel eat 1’ordre de succ^der d’apres ia coutume de Paris ? 4. La representation est elle admise dans la coutume de Paris, et dans quels caa 7 5. Qnand la succession d J un ddfunt est elle d^r^e a ses pure, mere, cu autres ascendans ? G. Comment se transmet la success ion des proprea } et quellea sont lea regies de notre droit relativement a cette eapece de biens ? 7, Comment s’aecepte une succession ? 8, Quels sont les eSbts du partage 7 9, Bonne z la definition dea diff^rentea esp^ces de testament dapres uos lots, et les conditions voulues pour leur validity. IQ, Quels SOnt les devoirs de rcxdeuUjut testamentaire 1 11, Euum^rez les diff&rentes formalitda exig^es pour la validity d un acte de donation. 12. Combien d’especes de substitutions et quelles choses peuventetre Vobjet des substitution a 7 faculty of Jaw. McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1862. Thursday, April 24th, 4 p.m. to 6 p.m- dkoit CIVIL ET coutumiek. FIRST YEAR, Examiner r , Professor Laflamhb. 1. Donnez les differentes divisions et definitions du droit et de ia loi? 2. Quelle eat d’apres nos lois la position d’un aubam relativement a 1 ’acquisition et a la transmission des Mens ? 3. Quel est l T effet de Pabsence, et comment sc rdglent lea droits d’un absent? 4. Combien y a-Ul d’especes d’emplchemente an manage ? ^ 5. Comment se prouye le manage ? 6. Dana quellcs circonstances les enfans nds d'nn commerce illegitime peuvent-ils etre l^gitimds ? 7. Le manage peut-il 6tre cassd, et pour quelles causes ? 8. Quelles sent les causes qui peuvent donner lieu d la separation du corps, et quels en sont les effete 7 8. Quel est Feffet de la puissance patemelle en Canada ? 10. Combien d’especes de tutelle en vertu de uos lois? Quand a t-elle lieu? comment est-elle dtablie? 11. Quelle s sont les personnel capables d’exercer la tutelle? pent- on s’en esempter, et dnumdrez les causes d'excuae ? 12. Quels sont les devoirs du tuteur ? 13 . Comment divise t~on les servitudes ? 14. Comment s’dtablissent et s'dteignent les servitudes ? 15. Quelles sont les principaies dispositions de la coutume de Paris concernant les murs mitoyens ? 16. Quelles sont les obligations de Tusufruitier ? * UNIVERSITY OP MCGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, APRIL, 1861. Titciieday, April 18th.— 4 p.u. to 6 p.m. BA.UX, ic. THIRD TEAR. Examiner Professor LaFbbhayb. L Ddfiniesea 1® contrat de louage. 2. DMnisscz le droit de gage qn’ont lea locateura Bur lea fruits et sut lea meubles de leurs locataires, 3, Quelles sont les causes de la resolution des bauz, tant par le droit comtnun que par nos lois atatutaires 7 4 Le statut de 1855, coneernanl les locateura et locataires, a-t-il apportd aucunes et quelles modifications au droit commun aur le contrat de lounge ? 5. Qu’entendez-vous par la tacite reconduction, et quel en eat son effet? - — _ 6. Qu’est-ce que le contrat de ddpdt 7 I. Combien y a-t-il d’espoces de ddpfits, et quelles sont les regies parti cuM res applicable! a chaque especc? 8. Qu 3 est-ce que le sequestre 7 9. Ddfintssez, le contrat de caution ne me nt. 10. Quelle est la difference entre la caution simple et la caution soli- daire 7 II, Comment s’tftemt le cautionnement ? 12. Qu'entendez-vous par les causes personnelles et rdelles de lex- Unction du contrat de canUonnement ? McGill university, Montreal. Jatttttg of jChu 1 . SESSIONAL EXAMINATIONS, 1872. Friday, March 8th ; — l to 6 p Prof. J. J. 0 , Abbott. OBLIGATIONS* 1 . Define an obligation. Stale the different senses in which the word is used. 2. What is the difference between a perfect and imperfect obligation, and what things are of the essence of a perfect obligation 7 3 + State the usual causes from which obligations proceed, defining each. State the various classes of defects which may occur in con- tracts, and the effects of each of them. 4. Define the principal accessory contracts. How may they be extin- guished ; and what are the leading distinctions between principal and accessory obligations 7 5. What is meant by the cession of actions in accessory obligations? What is the effect upon the parties, and upon the obligations, if the creditor has impaired or destroyed the rights he may be required to cede? 6. What are alternative obligations ? With whom does the power of choice rest? Explain the doctrine fully, marking the difference be- tween the obligation of one thing with another u in /acultale solu- tionis 51 and an alternative obligation of two things* 7. Define obligations in solido. What is the difference between soli- darity on the part of the Debtors and on that of the Creditors? How may solidarity be established, and how removed ? 8. State the effects of solidarity between several Debtors, and between several Creditors. What are the rights of a Debtor in solido who pays the whole debt; and how is a debt affected by the acknowledgment of it by one debtor, as regards prescription 7 D. Define the doctrine of Prescription. What are the different periods of prescription, and the contracts to which they apply; and what are the modes in which prescription may be prevented? 10. State the difference between novation and delegation. Define confusion, and the difference between novation and confusion. 11. Define suretyship. What exceptions may the surety oppose against a suit by the creditor ? Explain fully the nature and effect of such exceptions. 12. How are obligations extinguished? Explain concisely each mode of extinction. 108 ■ , , McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1864. Monday, April 17tii: — 4 to 6 h. 20 m. p.m* ROMAN LAW. THIRD YBAB. Examiner, . F*oy. F* W. Torrance* 1. Define an obligation* What were the causes of obligations? Give the divisions of obligations. 2* Give the divisions of contracts. Explain briefly each division* 3. How many degrees of faults were there ? Give Hie history of the question* 4. Was the depwitarius responsible for his negligence ? 5* What were the different H beneficia ” available to the fidejussor ? Explain each* 6, At whose risk were things sold ? Distinguish the cases. 7. What do you understand by the law Aede 1 Is it in force wilh us? If not, when was it repealed 7 8. Distinguish between error of law and error of fact. Could money paid under an error be recovered back ? What is our law on the subject? Mention a case deciding the question in our Courts, 9, State some of the general rules regulating the interpretation of contracts* 10* What was the Xea: Aquilia 1 Xl. What was the rule of the Ordinance de Moulins regulating thn admission of oral testimony? State four general principles which Pothicr deduces from this rule. 12. Define Public international law— private international law, 13* What four principles of international law were adopted by the Congress of Paris, A,D, 185$? 14 What rule of private international law was applied by our Courts in Rogers v. Rogers, 3 L.C., p, 64, and what rule was applied in the English case of Brook v. Brook ? 15. How far has the English law been in force in relation to Town- ship lands in Lower Canada? Mention any cases in which the question has been fully discussed, and where they are to be found ? Mention a statute of Lower Canada in 1857, bearing on this subject, and explain its aim and provisions. 107 > /■ • I » * . ■ ' ■ .. f , • rij I , . ' • .f-r,.: - ■ :l ■ • - : • 1 \ ; - , i ■ t I i ,U - ' >rc '1 • • i'i l i ft \ . i 1 •. , i J ; ' * .1 4.W, • f Jr . i ll. i I . ■ »i* .1 * m . i . i . , j * * - . . h n ■ - ■ ' McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1864. Friday, April 1 5 1 h. COMMERCIAL LAW. (FIRST TEAR.) OBLIGATIONS, Examine) . , , , ..... Prof. Abbott. 1. State the different senses in which the word “ Obligation* is used, and define its strict legal meaning. 2. How is an Obligation created, and what is its effect ? 3. What is the difference between a Contract and an Obligation? How is a Contract created 7 What is the difference between a pollici- tation and a Contract? 4. What is the effect of violence in the inception of a Contract? Of frand? Of lesion ? In what kinds of Contract may the latter defect occur, — and in what proportions does it affect them? Give a reason for the distinction, 5. Name and define the principal accessory Contracts, How may they be extinguished? State the leading distinctions between principal and accessory obligations. 6. What Is meant by the cession of actions in relation to accessory obligations ? To whom does the right of demanding it belong ? How may that right be wholly or partially lost? What is the effect upon the parties and upon the obligations if the creditor has acted in such a manner as to impart or destroy the rights which he might be required to cede ? 7. How may solidarity of obligation be contracted? If in different modes, state and explain each of them. How may it afterwards be limited or destroyed? Explain fully the effect of solidarity between creditors, 8. What is prescription? Upon what presumption does it rest? What natural law doe 3 it infringe ? State the different periods of pre- scription and the contracts to which they apply. State the modes in which prescription may ba prevented, and the distinctions, if any, applicable to different kinds of obligations. 9. What is novation? What Is the difference between novation and delegation ? How is novation effected ? What is the difference between novation and confusion? Explain confusion and its effect. THIRD YEAR. 1 . Define An obligation. What are the chief divisions of obligations? Whence do obligations arise? 2. Name the nominate real contracts and define each. 3. How many degrees of culpa were there In the Roman Law ? State the opinions of Pothier and Ducaurroy. 4. Give the history of the subject of umrm in the Roman jurisprudence and the history of the law of interest with us. 5. Explain the actions arising out ot deposit um and pignus. 6. In what contracts was a stipulation used-? What were the actions arising from it ? From what causes might it be inutilU ? 7. What was the aim of the Sc turn Velleianum ? 13 there any and if so what provision akin to it in our own law ? 8. Does error in law entitle to restitution? What was Pothiers opi- nion? What is the English and French law on the subject? Name a decision of our Courts and what was the rule then laid down ? 9. What was understood by fur turn concept oblatum , prohibitum, and non exhibit um 7 10. Explain the meaning and give the history of the legis actioms — the or mulary system — and the extraordinary procedure. 11. How wag the temerity of litigants restrained? Evidence, L. C. 1. What French ordinances laid down rules respecting the adduction of oral testimony, and what four general principles may be drawn from their dispositions ? 2. State the present position of our law respecting the examination of the parties ton cause and the effect of their testimony? What change have been made in the law in this matter since 1856. 3. What is the present state of the law of evidence with regard to the number and interest of witnesses? International Law. 1. Define public international law— private international law. 2, What were the rules applied in Languedoc v. Laviolette, 1 L. C. Jurist, 240 and in Laviolette v. Martin, 5 L. C. Jurist 211. TTNIVEBSITY OF MCGILL COLLEGE, MONTREAL, SESSIONAL EXAMINATIONS, APRIL, 1861, Tuesday, April 16th, — 4 p.m to 6 p,m* LAW FACULTY-COMMERCIAL LAW, iLxairvwtfT) * * . * J. J. C. Abbott, Prof, First Year Students, QUESTIONS ON THE LAW OF OBLIGATIONS. 1. Define an obligation. State the different senses m winch the term is used : the distinction between a perfect and an imperfect obligation : and what things are of the essence of a perfect obligation. 2, What are the usual causes from which obligations proceed. Define each of them. State the various classes of defects which may occur in contracts — and the effect of each of them; the persons who may con- tract obligations, and the things which may be the objects of them. 3. Explain the distinction between civil and natural obligations, and between principal and accessory obligations. Describe the nature of a conditional obligation \ the effect of a condition : and the distinctions between suspensive and resolutory conditions, 4, What is an alternative obligation? Does the power of choice of the thing to be paid rest with the creditor or with the debtor ? What is the effect of the unavoidable destruction of one of the things due ? of all ? What, if one of the things due perishes by the fault of the debtor, the other without? and distinguish between the case of the latter perishing before the former — and the contrary one. What is the difference be- tween an alternative obligation of two things, and the obligation of one thing whh another infacultatc solutionis* 5. Define obligations in S o2ido,-and distinguish between those m which the solidity exists on the part of the debtors and on that of the creditors. How is solidity caused or established? How may it be removed t What are the effects of solidity as between several debtors? As between several creditors ? What are the rights of a debtor ia Mo •who pays the whole debt? How is the debt afEected by the payment of it by one debtor ? By the acknowledgment of it by one debtor as re- gar d a prescription ? 6 . What is the nature and effect of the obligation of a surety ? What exceptions may a surety oppose against a suit by the creditor o e obligation for which he is surety ? State in full the nature and effect of such exceptions, and specially of the exception of discussion. 7 . How may obligations be extinguished ? Give a short desertion of each mode of extinction— and explain at length the effects of the Unction of the thing due— and of novation respectively. McGTLL UNIVERSITY, MONTREAL, faculty of genii’. SESSIONAL EXAMINATIONS, 19T2. TubbdaYj March 12th:— 4 to 6 p.m.* foe degree} 6 TO 7 P.M.j FOE HONOURS, CIVIL PROCEDURE. TDtD Year. Gonzalve DoutrEj B. 0. L, 1. Quell sont les tribunaiix en existence et iudiquez leur juridiction respective ? 2. Quels Boat le 3 moyens que le defendeur peat opposer pruliminairement et pereraptoirement it Taction dirigee contre lui 7 3. Far quel proc£d§ le deiendear d£montre-t-il qu’il edexiste aucuu lien de droit apparent entre le demandant et lui ? 4. Qu’ente □ dez- vous par contestation lide 7 5. Far quel moyen unc partie attaque-t-elle Tau then ti cite on la v&rito d J un note notarifi, soit par action directe ou dans nne instance pendants ? * 6. Comment une par lie non on cause peut-elle Her contestation avec lea parties en cause 1 7. Par quels precedes une partie peut-ellefaire examiner, sur leshenx, des temoins resident en dehors de Id Province on eloignes dn tribunal d’au deli de dk lienee. 8. Quelle distinction faites-vous entra une motion pour jagement snr le verdict) une motion pour nouveau proc&s par jury, une motion ponr jugement non obstante veredicto et une motion pour arr&t de jugement, et dites si cea diverges motions penvent etre prises indistmetemeut par rune ou Tautre partie ? 9. Lorsqu'une partie decode, par qnel proccd6 les representanta du defiint peuvent-Qs obt-mlr le droit de continuer T instance et par quel pro- ccde peuvent-lls etre forces de le fairs, s T iJs sy re fuse nt ? 10. Qu’entendez-voas par sermen t deciaoire, par serment d fere et par ser- rnent refer e 7 U. Si la minute dti jugement differ* de la transcription d n . jugement an registre, est-cc la minute ou la transcription qui fera foi 7 12, Combien le Code aecorde-t-il de genres de revision et dans quel caa sont-ils employes 7 % N. B.— The first eight questions are for Degree. The whole of the ques- tions for Honour course. 167 McGILL UNIVERSITY, MONTREAL, of Iptur- SPECIAL EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL, 18T2. MONDAY, Maroii 18th v — 4 TO 7 F.M. Examiner,..* Norm ax W. TrknBOLITE, M.A ,B.C.L. L Giva some account of the different epochs in early law and the nature of law in each, pointing out the importance of early Codes, and the effect ol codification on the growth and cultivation of law 7 Also of the principal attemps at codification in the history of Roman Law with dates, causes and results. 2, According to Maine, what is the nature of property in primitive society, what the origin of individual rights of property ; discuss some of the theories on this subject particularly the Roman doctrine of occupancy and the important part played by it ; also point out some of the means or agencies in the amelioration of the law of property and the manner in which they ope rated 7 3, Give briefly and historically, with reference to periods in Roman Law, the meaning of the following terms : Manus, dominium, potestaa, mancipii causa, confarreatio, coemptio, usus, just© imp the, concubmatus, usurpatio 3 usucapio, prmscriptio, civitas, jus Latii, Latmi-Juniani, perigrini, jus Itali- cum, bajreditas, bonormn posBcssio, nexnm, maneipium, obligatio, obligatio civilis, obligatio natural! 9, obligatio praetoria, pactum, agnatio, cognatio, testamentum, codicilli, fideicommisaum, 4 t Also give in like manner the meaning of : comltia enriata, centuriata, tribute; leges, plebisciia, Seta, prinripum placita, edictum perpetuum cdictum provinciate, 5. What was the jus gentium of early and also of later Roman Law, how was it. farmed, what causes gave rise to it? and point out some of its in- fluence on Roman jurisprudence, and in modern times. 6. Give the leading rules (with origin and dates) governing the admis- sibility of paral evidence in this Province since the Cession. 160 f .J/UilTXOM ,YTlSii3Y iZU JJK M t.A 'Hi * hm v\tniu& m J*l S9IW • ’& ■ l -” %l 1 Whim vf --i ui r«4 ,un:r ; V-v Ji)?!w , y^vX ’fy -t M i J VA .a tifciV '.»i[.r1n fiWJM’vTsiwiJ- ww tarfv bifn r ’. »* ‘MW - lu^ wlf •'■ iJ * tlXQoJ^iirbw I •(•i.it im. •'■'uaioj- ‘ . fr. • :• ‘ill- '.i; r M w ilo Je&l o;f> w JrifVT V v/jif \ j r ; .fcjfrte ^|j ■ McGILL UNIVERSITY, MONTREAL. ,far«tf!} cf £iuv- SESSIONAL EXAMINATIONS, IB72. Thursday, March 7th:— 4 to 6 j 4 to 7 p.m., for Honours* ROMAN LAW. First Year, - „ Normas W. Trenholme, M.A., B.O.L. L What are the chief matters treated of in the history of the Roman Law, and what advantages dues that, tew afford, oyer other systems, ibr the historic and philosophical study of jurisprudence? 2. Into what periods w ould you di vide the history of Roman Law ; state the grounds fur the division you adopt ; and some of the chief events in the external history of Rome during your second period that affected Roman Law and Legislation, pointing out how they affected it ? 3. What were some of the principal agencies and causes which led to the Roman Law being incorporated into the laws of modern nations? 4 What were some of the great constitutional changes in the govern- ment of Rome ; describe some one of these changes with its principal causes, and its effect on the character of Roman Legislation ? 4. What were leges {curiaiie and cenluriitt^) pkbwcita, senate consult^ vmgistratuum edicts response prudentiwn, prmcipum plaoita. and during what period or periods of Roman Law were they respectively recognised as sources of law 7 , , * , . 5 Define law, and show that in mature jurisprudence it has only_one rea I source, and point out how what are usually called the sources of the Ro- man Law may all be referred to this one source or fountain 7 What diffidence between the idea or definition of law in primitive and mature jurisprudence ? j . 4 _ H Give some account of the different attempts at codification in Roman Law before the time of Justinian, and of that Emperor’s Compilations, with dates, and the causes that called for codification ? 6 What works constitute the Corpus Juris Civilis f and how are they cited or referred to? Who are the great jurists from whose writings the Pandects are chiefly taken ? , a xl , 7. What is meant by persona in Roman Law ; what are the nifierent divisions of persons given in the u Institutes and their respective basis „ 8. How might marriage be formed lit Roman Law. and what were the effects of the different forms of marriage as regards the wife and her pro- 1 ^“What were the different kinds of tuttla in Roman Law, and how many kinds have we in our law 7 10 Distinguish the great agencies in the amelioration oflaw, and point out the order anil manner in which they exercised their beneficial influence on Roman Law? . , . , . , .. , 11 What are the great natural family relations, what their artificial extensions in Roman Law, and which have passed inio the tews of modem jiattens ? ^ ^ extent iio t j, e family relations come within the domain of Ifli/W ? * * 13 What were the principal sources of the Roman Law that prevailed in the Western Empire at the time of its overthrow, and what were the dif- ferent Barbarian Codes drawn up shortly after? The first nine questions are for the Ordinary Examination; the whole for Honours. 157 i .ma&fmt* jji; m . 7 '■ V " ,£Tci! , 0 KOiT;-KIia.Z 3 jil£ 0 R 5838 " £ ;•>: T xaitaaW »-«K IJnm *fc (q T1 ^ 3V t aJjuj* wU #ic , HI e„j j: ttjiT'iy Vmfow '' vil 1 ' t ; »hi 3 r -i. ■■ wll'T <\ - -*‘1 -.r • ■ | nJiiH ! v. f i H"' [■ l I ,T-!. . ..Li f ?? t 7 ■ -■ , : L. i • "•• utt’ McGILL COLLEGE, MONTREAL, of IP&W* SPECIAL EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL, March I 8th : — 4 to 7 p.m. ROMAN LAW. Norma s W. Tresuglmh, M.A., B.C.L, 1. Give an account in order of the principal points to be noted n the 'history of Roman Law with reference to (1) its sources and legisla- tion, (2) its growth, development and cultivation, (3) its codification, 2. In what departments of modern law has the Jus Prater ium had most influence, and have any, and if so what, provisions of the Edictum Mdilkium passed into our law ? 3. Give an historic sketch of the law of Abintestate Succession, and of Contract in Roman Law, and of their influence on modern law and subjects of thought, 4. GWb an historic account in order of the sources of our law respect- ing gifts, wills, substitutions and evidence, pointing out the most import- ant changes in the law on eac\i subject since the Conquest* 5. What matters may ba proved by witnesses in our law, and what was the origin of the different limitations in it respecting the admis- sibility of parol evidence? McGILL COLLEGE, MONTREAL, faculty of $aw. SESSIONAL EXAMINATIONS, 1871. Thursdav, 9th March : — 4 to 7 f.h* ROMAN LAW* SECOND YEAR, Examiner Norman W. Tbinholmb, M.A. f B.G*L. 1. Enumerate the different modes of acquiring per univer si latent describing f all j the principal of these and the importance of the position they occupy in jurisprudence, 2. Describe the different kinds of wills in Roman Law ; the require- ments for the validity of each, and the causes which called them into existence and led to their disuse? 3. What is the nature of the position occupied by Roman Law with regard to testamentary succession, and in what way did early views in Roman Law on this subject differ from those of mature Roman juris- prudence and of modern times ? 4. What was the querda inofficiosi testamenti ; what was the quart* jalcidia ? 5. What were the leading provisions of the 118 and 137 Novels o, Justinian, and what influence, if any, have they had on modern law and legislation. 6. Give an account of the origin and law of codicils and Jidei com mias and of the Seta Trebdlianum and Pegasianvm. 7. Give a full account of the origin and growth of the law of contract in Roman Law and of its influence in modern times? 8. Define obligatio \ and point out the real distinction between obit gatio civilis and obligatio mturaUs , and the effects given to the latter in Roman Law and in our law. 9. What were the contractus nominati and what the contractus innom- natij and in what respect did they differ from each other? 10 . What was the origin of the stringent provisions existing in modern jurisprudence against hotel keepers, carriers and the like? 11. A delivers to B, who is a manufacturer, a quantity of wool to be made In lo cloth. While the wool is in E T s mill a fire occurs by which it k burnt. Is 13 responsible to A for the loss of the wool? State th e general rule applicable In like cases, and point out any distinctions that may occur to yon ? What would the law be, if the wool had been delivered to B, as a carrier, to transport, and was burnt or stolen while |U B’s hands 7 12. When was the contract of sale perfected in Roman Law, and what importance attaches to the determining of this point? Indicate any similarity and differences that occur to you between the Roman Law and ©nr law respecting the contract of sale* 65 McGILL COLLEGE, MONTREAL. faculty of ;£»«■. SPECIAL EXAMINATION FOR ELIZABETH TOKRANCK Gold medal, ie7o April 19te ; — 4 to 7 f.m. KQMAX LAW. Examiners*. w . * „ * . *4 .Prof. Torrance A Mr* TrrnholhE- 1. Give same account of the different periods in the history of Raman Law and of the sources of legislation, distinguish tug characteristics, and leading juriscon suits, in each period. 2. What is the plan of the Institutes of Justinian and what the prin- cipal divisions of persons and things treated of Lu them ? 3. Give some account of the law of abintestate succession and of the character, importance and influence of the changes effected therein by the legislation of Justinian, particularly by the Novels. 4. Give an historic sketch of Testamentary succession in Roman Law and of the different kinds of Wills known therein, pointing out the im- portance of the position held by Roman Law on this subject 5. Give an account in order of the principal agencies in the develop- ment of Kcman Law, pointing out the importance Jan d place of each, and the period at, and manner in which, it operated. 6. Give some account of the history and progress of the Law Contract. 7. Point out some of the principal institutions or subjects in modern, jurisprudence which owe their existence to Roman Law or Lava been most deeply affected by its principles. 8* Explain manus, dominium, posiessio ; usucapio t prescript#) ; jus Lati* smaLfjus Italicum ; aarum, obligation actio utiiis u McGill college, Montreal, <#h rutty of ICaw. SESSIONAL EXAMINATIONS, 18T0. Tsdusdat, Apeil 7 th : — 4 to 6 p.m. ; ahd 4 to T tor Honours. roman law. Second Teas. Examiner, Torranch & Ms. Trbnholm. 1 . Give an account of Do* and of the matrimonial rights of women m Roman Law* 2 What are the different modes of acquiring per universUatem given in the Institutes, and what common idea underlies and runs through the whole of them 7 Which are the two principal modes of tlnis acquiring 3. Define Miw(w and give an historic accountof each kind of will in Roman La w and of the requirements of each. i. What were the institute and exheeredalio I, credit and what were the requisites necessary to their validity 7 5, What were the different kinds of heirs in Roman Law ; what bene- ficia did they enjoy, and what similar provisions in our law 7 6. What were the different kinds of JidHcommhsa in Roman Law and when and for what purpose were they introduced 7 1 State what yon know about the law of abintestate succession in Roman Law : what radical change did Justinian effect and how has hu legislation influenced modern legislation on the same subject 7 g What are the causes of obligations as given in the Institutes 7 8. What are the different kinds of contracts, and give some account of each ? 10. Give some account of Fidejussion or suretyship in Roman Law. 11 . What is the peculiarity of the position held by Roman Law as regards Wills? 12. What is the nature of the position occupied by Contract in modern times compared with Us position in early Roman Law, and what are some of the errors prevalent on this subject ? 1 3' Give a full account of the development and progress of the L aw of Contract in Roman Law, pointing out the steps in the progress and the nature and tendency of the changes, H. Mention some of the errors which the term, contractu, juris pent, urn, has given rise to both in ancient and modern times. N.B.— The first ten questions are for degree, and the whole for honors or standing. McGILL COLLEGE, MONTREAL, ^iuultg of ^Siw. SESSIONAL EXAMINATIONS, 1870. Thursday, April 7th : — 4 to 6 p.Jt. ; and 4 to 7 Ton Honours. BOMAN LAW. TIR3T YEAR. Examiner * , Prof* Torrance & M&. Trenuolme. 1. Point out some of the reasons which, in your opinion, give impor- tance to the study of Roman Law. 2. In what two ways may the history of Roman Law be divided into periods and what are the grounds and advantages of each method of division ? 3. What were the great constitutional changes and epochs in the Roman constitution and the causes, nature and tendency of these changes, and their influence upon the character of legislation? 4. What was the position of the city of Rome as regards legislative authority, and what the position of Italy aud the Provinces, during the different periods in the history of Roman Law ? 5. Define jns and its different divisions, and wbat m the source of all law or jut which constitutes the proper subject of jurisprudence ? G. What [is the corpus juris civilU 7 and what were the sources from which the different words forming it were taken ? 7. What is the character of the period in Roman Law between Hadrian and Alexander Severus ? 8. What are the different kinds of tutorships and curatorshipa in Roman Law, and what in our law ? 3. What security or protection had the pupil against the tutor in Roman Law, and what in our law ? 10. Explain the diderent kinds of pot edits in Roman Law, and how do you account for the patria potedas and the power of the husband over the wife being in early Roman Law nearly the same in extent as that over the slave ? 11. How are Res divided in the Institutes, and what are the principal jura in ram? 12. Describe the different methods of acquiring in Roman Law, and state the changes effected in usucapion or prescription by Justinian? N. B, — The first eight questions are for the degree, and the whole for honors or standing. 102 McGill university, Montreal, SPECIAL EXAMINATION FORTHE ELIZABETH TORRANCE GOLD MEDAL, 1869. April 20th 4 to ? Roman Law. Examiners., * . , . . Prof. Torrance and Mr, Trknholke. 1. Mention the different periods into which the history of Roman Law is usually divided, with the dbtiugiushing characteristics, and principal jurists, of each period. 2. Give an account of uvawph an ! prmscriptio in Roman Law, pointing out alogies in our taw. 3. What was the pseitlium of the son, an 1 what [were the successive steps of progress in the law on this subject ? 4. What was the &$$ and what were some of the changes it underwent 1 in Roman Law ? 5 ; Explain the different kinds of wills in Roman Law, (including co- dicils), and point out their connection with and influence upon wills in our law, 6. Give soma account of tha influence exerted on Roman Law by the jurisdiction of the Prmtor. f T. What wa3 the law of abintestate succession established by Justinian and point out analogies and differences in our law, 5. Explain the different contracts Re , 9. What is considered a survenance d* enfant in our law sufficient to give rise to revocation of gifts? In what condition does the thing then return to the donor, and is the law tbe same in case of revocation For cause of ingratitude ? Give reasons. 10. What is the conventional appointment of an heir (institution con* tractuelte) and to what extent does it exist in our law? 11. May the husband by our law dispose of all the property of this community by gift inter vivos \ may he by will, and what is the effect of his doing so in the latter case ? 12. Point ont fully the Importance at different periods since the Con- quest of distinguishing between commercial and non- commercial matters in our law. 13. Mention the different persons and classes of persons incompetent to give testimony in our law, with the grounds on which such incom potency is based in each case, , What U the effect of absence of place and date in wills in our law 7 144 McGill college, Montreal. 4? arultji of Slaw. SESSIONAL EXAMINATIONS, I860. Thursday, 8rn April* SECOND YEAR* Examiners,, . *, Professor Torrance and Mr* Trenholme. L Whfit was the order of abintestate success ton by the Law of the XII Tables ami what were seme of the principal changes ami how effected, (1) prior to the time of Justinian and (2) by Justinian? 2. What was the honor un possttsio anl state whether we have any* thing in our law corresponding to that unis uir si uxor f Whence undtf 3. What are the causes of obligations as given in tha Institutes ? 4. How manv classes of contracts wjco there ani explain each giving some idea of their comparative Importance at different period in Rom in Law 7 5* Define cmm&faivm and noint out wherein it resembles and differs from mutuum and locatio-conductio* 6, Was the commodutus liable for the loss of the thing caused by inevit- able accident, and if so in what cases ? 7, What were necessary deposits, and what important class of bailments are assimilated to necessary deposits in our law 7 8, Mention the different kinds of sureties known to Roman Law with some account of each* 3* Why was it important in sale that the price should be in money ? 10* When was the contract of sale perfected, and from what time was the thing sold at the risk of the purchaser 7 Explain fully. 11. What was the actio serviana, and does it exist in our law ? 12. How many degrees of culpa were there in Roman Law ? Explain fully. 13. What was the condidio indebiti, and does it exist in our law 7 14. Could a sum paid by error of law be recovered back^? W hat was the opinion of Pothier, and what is our law ? The following questions are for honors : 15. Define Migatio, and state how obligations are divided in the Insti- tutes. 16. Mention the contractus nominati , a state under what four beads all innominate contracts may be ranged. 17. A borrows from B 100 pieces of gold, and before he pays them back the piece is lowered in value one fifth by the sovereign, what num- ber of pieces is A obliged to return T 18. Define vcnditw^mplio, and state wherein it differs from sale as de- fined by our Code. 19. What were arrhne or nrrne, and what new character was given to them by Justinian 7 What is the rule in our law where earnest has been given ? 20. What are the principal obligations quasi ex contractu ? 136 I McGILL COLLEGE, MONTREAL. jgarultg of $au ; . SESSIONAL EXAM [NATION'S, 1869. Thurso at, April 8 th: — 4 elm. to 6 p,st* ; And 4 p,m, to 7 p.m. fob honours, FIRST TEAR, SrnjRHwrs Professor Torrance and Mr* Trenholme, I, Where is the golden age of Roman Jurisprudence usually placed ; what form did the cultivation of the law take in this age, and state what yon know of the lives of the great jurists whose names are associated with it ? 3* Mention the different sources of the Roman Law and define each. 3. Give some account of the works forming the corpus juris citilti and of the changes effect'd m Roman Law by J ustmian, 4* How many forms of marriage were there in Roman Law, and explain each with respect to the formality of its celebration, its consequences and the period when it prevailed? 5. Define tutela * how m\oy kinds were there in Roman Law, and ex- plain each? How many and what kinds exist in our law ? 6. Was a person under a certain age obliged to receive a curator ? 7. Define res, fromi, pecunia. Mention some divisions of rsnn early Ros man Law, and give the divisions of the Institutes, with the ground- upon which they are based* 8; Enumerate the different classes of res extra patrtenmium nostrum and define each* 6. When did a person acquire or lose the ownership in animals fer ae naturae t in animals wounded by him in the chase, and in bees escaped from n hire, and what U our law on Lhese subjects ? 10. Define thesaurus] to whom did it belong? To whom is it given by our law and to whom by the English law ? II. Explain the action de ti^no iuju id o and point out its exeeptio na character and the grounds therefor* 13. To whom did the Roman Law give Islands formed inrlvers and streams and what is our law on the subject ? 13. How were servitudes created and how terminated? 14. Mention the person il servitudes and the rights and obligations of the person enjoying them in each case? 133 The following questions are for honors. 15 . Mention some of the causes that successively contributed to the improvement of the Roman Law ? 10. How was legitimation effected? By whom was legitimation by sub- sequent marriage introduced, what were the conditions necessary to its va- lidity, and how did it differ in its effects from legitimation in our law? IT, Explain satisdatio tutorum. curatorum : exeumtioTtis tutorum vel curatorwrij pointing out the resemblances and differences that exist In our law. 18 , Under what class of res were the sea and sea-shore (mare rf litus maris) placed, and what Is the rule among modern nations as to Jurisdic- tion over these ? 15. Mention the different kinds of accession and some of the leading rules on the subject ? 20* How are real servitudes divided, and what is It that determines the character ot the servitude? Mention some of the principal servitudes of each kind. 21* Explain mphytemk t superficies ami jus pignoris. McGILL COLLEGE, MONTREAL, faculty of Saw'. SESSIONAL EXAMINATIONS, 1868. Friday, April 11th > [ p.m. to 6 p.m. tor Degrees. — 4 p.m. to ? p.m. for H oh ours. koman law. SECOND YEAR* Examiner . .Prof. Torrance. 1, TChai Wftg the order of successions recognized by the law of the 12 Tables ? 2, What was the system of successions introduced by the Praetorian law ? 3, What system did Justinian introduce by tbe 118th and 127th No- vets? A. What were the modifications introduced by the Stim Tertullianum T 5. Whflt those introduced by the Sctum Orphitianum/ 6. How was the succession of the freedroenrcgulatedby Jtalmrrf the 12 Tables? What modifications were introduced by the Prffitonan law, by the Lex Papia, and by Justinian ? t. What are the three heads of the Lex dquilia 1 8. What were the names and meanings of the different parts of the formula in the formulary period V 9. What was the effect of the noial abandonment made injure, in judicio, or after the condemnation ? 10. Was the proprietor of a ferocious animal liable for damages caused by the animal ? 1 1 . When was a party in a cause obliged to furnish security ? 12. What actions neither passed to nor against heirs ? 13 What was the effect of the assignation of afreedman ? U. In what case was the property of a deceased person adjudged in order to validate his enfranchisements ? 15. Explain tUpulaiio. 16. In what sense can slaves stipulate T Who profits thereby 7 Qnd, if there are several masters, 17 . What things arc not susceptible of being stipulated ? 1ft How did fideiuMvre* bind themselves? To what obligations did the fitUjunora accede? In what consisted the benefits ofjidtjuiuon . i?jg. The first 13 questions are for the Degree. All the 18 questions for the Honour course, 135 McGILL COLLEGE, MONTREAL. £ atults of gSaw. SESSIONAL EXAMINATIONS, 1868. FbjdAT, A PHIL 1 TtH 4 P.M. TO 6 P.M., FOB DEGREE.— 4 F.M. TO 7 T.V., TO* HONOURS* HOMAN LAW. tiasT mu* Examiner PEOr - Torrance. 1. State tbe component parts of the Corpus Juris Civilis 7 and give a brief account of each part. 2. Explain the different modes of manumitting slaves, and the restric- tions imposed upon manumission. ^ 3 i What did the paternal power originally comprise, and to wha extent and when was it modified ? 4. In what way was a Roman marriage made and dissolved 7 5. How waa legitimation effected, and what were its effects as regards the children legitimized? 6. How many kinds of tutorship were there ; explain each kind. What were the duties of the tutor before, during the pendency and at the ter- mination of his office respectively ? 7. How many modes of acquisition were there, according to the law of nature, and explain each kind. 8. Explain each of the industrial accessions. 9. Explain the differences between usucapion and prescription? What were the new rules introduced by Justinian. 10. How many kinds of pecului of children were there ? Explain each kind, 11. Explain the quality and differences of heirs. 12. Give a short account of the history of legacies. 13. Give a short account of the different kinds of adoption, 14. Explain the different kinds of li dminutio capitis” 15. State briefly the law as to 11 Tutor ts suspecti” In what cases was there corporal punishment? 16. What were the opinions of the Roman Jurists on the question whether the substance formed should belong to the perotm forming it, <> r to the proprietor of the material? Which opinion did Justinian adopt . 17. What were the rights of the husband over the dotal property ? 18. Could a legatee, fidei-commissary, or testamentary tutor, be wit- ness to a will by which he was named such legatee Ac. N.B. The first 12 questions are for the degree. The whole of the questions for Honour course. 132 I « McGill college, Montreal. JatitUg of £C«u'. SESSIONAL EXAMINATIONS, 1866. f hoesoav, April 5th :-4 p.m. to 6 p.m, for Degree } 4 to 7 p*m, for Honours. ROMAN LAW, SECOND year. Examiner, * Fbof, Toerance. 1 . How many kinds of things extra patrmoniuni are there, and define each kind ? 2, When an Island rises in the sea who is proprietor ? ‘Whose la the proprietorship in the case of an island rising in a river ? 3 + Explain specificatio and its effects on property ? If the speeificator used the material of another, did the new article belong to the specifi- cator } or to the proprietor of the raw material ? 4. How many kinds of real servitudes were there ? Explain fully each kind, 5* Define usucapio. — Explain its aim and consequences. What changes were introduced by Justinian ? 6. Define gifts mortis causd } — inter vivos , — ante nuptias , 7. Define peculium . — How many kinds were there? Explain each kind, 5, What were the original forms of wills at Rome ? What changes were made by Justinian ? 0. Who had the testamenti f actio ? 10, How many kinds of legacies were there ? Explain each kind ? 11, Explain the portw kgitima } — the lex falcidia /—the Sdum trebelh- amtm ;■ — the Sdum, Pegasianum 7 * i 12, What were the primitive rules of succession Jib intestato ? 13, Explain shortly the Sdum Tertullianum aud the Sdum Orphi- tianum. 14, Explain shortly the possessio bonorum , 16. Explain shortly tha rules of succession Introduced by the 118 th and 127th Novels, 16. State briefly Maine's theory as to the early history of succession, 17. Narrate the early history of primogeniture as given by Maine. 18. Give a few of the salient points of the early history of property as given by Mains, Kota.— T he twelve first questions, aa numbered, are the ordinary examination. 151 £ i >!;-U 1 toil! - +» . . > x McGILL COLLEGE, MONTREAL, nf Ifrnr. SESSIONAL EXAMINATIONS, I860. Thursday, April 5th :-4 f.m. to G r.si, for Degree j 4 to 7 p,m. for Honours. ROHAN LAW. FIRST tear. Examiner, Prof. Torrance. 1. Give some of the national characteristics of the ancient Romans,, and some of the characteristics of their jurisprudence. 2. State the divisions into tv hi ch the history of the Roman Law is generally made to fall, to whom we arc indebted for the division, and describe some of the features of each division. 3. Give the origin of the Lex Valeria — the tribuneahip — the Lex Puhlilia. 4. Give some account of they*** script ??* — jus noTi-scriptum. 5. State what you know of the jurists whose writings are found in the Digest. 6. Give some account of the works forming the corpus juris civilU , 7. Give the meaning otjus—justitia--jurisprudenUa—ju$ nature— jus gentium — iu the age of Justinian. 8. Explain how persons were made slaves and manumitted. Give an account of the restrictions imposed upon the manumission of slaves. 9. Explain Gives — La t ini — Stolid — Pravinciahs. * 10. How was marriage made and dissolved ? 11. What persons could be legitimized and how ? 12. How many kinds of tutors were there ? Explain each kind. 13. Explain shortly £l sati&dotio tutorum vel euratorum “ de excusa- tionibus tutorum vel curatorum ; ” and tbe title “ de suspedis tuioribus vel cumtoribw s. n Examination on MAINE — Ancient Law. 14. What is the difference between case law and code law ? What was the importance of codes to ancient societies ? 15. Explain how social necessities and opinions are always in advance of law, and by what agencies law is brought into harmony with society? 16. How does Maine explain the origin of the phrases — L aw of Nations, Law of Nature, and Equity ? 17. State the position in which he places Rousseau in relation to the modern law of nature. 18. What is Maine’s theory as to the formation of primitive societies ? Nota,< — The first 13 of the above questions are put for the Ordinary examination. The whole of the above questions are put for the exami- nation for Honours. 150 •" -%pe>u \ . . ' McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS. Monday, April 17tk:— 4 to 6 h, 20 m. ?m. ROMAN LAW. SECOND YEAH. Examiner r , * Prof. F. W. Torrance, X, Give the divisions of things extra pair momum, and define each. 2, Define each of the industrial accessions. 3, Mow many kinds of tradition were there 7 Explain each, ""V What were the conditions requisite to make tradition transfer property ? 4, What was the difference between urban and rural servitudes? Give the principal examples of each. D, What is the difference between usucapion and prescription ? ^What were the rules of prescription adopted by J ustinian ? a. Explain the different kinds of do& ? 7. How many kinds of wills were there in the Roman Law ? Explain each kind. 8. Give the rules respecting M exbseredatioJ' 9. In what ways were wills broken, 10. How many kinds of legacies were there ? Explain each kind, 11. Explain the aim and extent of the senalus consutium Tertullianujn , and senalus consul t urn Orphitianurn. 12. Explain shortly the possessio bonomm. 13. State the purport of the 118th and 1 2Tth novels. 106 • * McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1865. Monday, Afrit. ITtb 4 to 6 h. 20 m. f.k. ROMAN LAW. FJB5T YEA R. Examiner, P*of.. F. W. Torbancb, L Into how many periods is the history of the Roman Law usually divided, and to whom are we indebted for the division ? 2, Relate the incidents of the first origin of the tribunes of the people, and give the date when the tribunesbip arose. B, Enumerate the sources of the jus non-scriptum, and shortly explain each . 4. Name the great jurists of the golden age of the Roman jurispru- dence, and narrate anything you know of their lives. 5, Explain the meaning of the expressions “Institutes/' “ Digest,* a Code,” and H Novels,” and give a brief account of each. G, Define “ jus,” “ jurisprudentia/ 1 “ Justilia,” “jus publicum, “jus privatum," “jus civile,” “jus gentium /’ in the Roman Law. L Enumerate and explain the modes of manumission of slaves. 8. What was comprehended in the “ p atria potestas,” and how was it dissolved ? 9. How many modes of marriage were there among the Romans? Explain shortly each mode, and enumerate the impediments to a mar- riage, 10. What was legitimation] and explain in what way3 it was effected in the Ruman Law ? 1 1. How many kinds of u tutela" were there ? explain briefly in what cases they took place. 12. What was the duty of the tutor before, during, and after his gestion of his office ? 106 * * . McGILL COLLEGE, MONTREAL, SESSIONAL EXAMINATIONS, 1864. Thursday, April 14 th 4 p.bi. to 7 p,m, HOMAN LAW, m3T TEAR, Examiner^..***** Prop. F, W. Torrance. L Give an account of the origin bf the tribuneship at Romo. 2, How many kinds of praetorian edicts were there 7 Define each. 3, Who were Antistiue Labeo, Ateius Capito, Gains, Papiniamis, 'auius, Ulplanus, Modes tin us 7 4. Give a short account of the following works of Justinian— the Hgest, Code, Institutes, and Novels* 5, Define law, jurisprudentia, jus, jutiitia. 6. How were persons made slaves 7 7. Give the different modes of manumission with a briof explanation f each mode. S T What do yon understand by consanguinity and affinity, and what *ere the general rules prohibiting marriages for consanguinity and affi- ity? 9. What were the different forms of marriage among the Romans. 10. How many kinds of illegitimate children were there, and how rere children legitimized. 11. How many kinds of tutors were there and in what cases was each iud appointed 7 12. What wcto the tutor’s first duties on taking office 7 13. In what ways was the tutorship terminated 7 H. What were the excuses exonerating from the. charge ? 15. For what causes conld a tutor be deprived of his office ? SECOND YEAR, 1, Enumerate and define things extra patnmonimn. 2. Give the industrial accessions and erplain each kind. 3 Distinguish between ret numcipi, and res nec—mancipi . 4 What do yon understand by rural and urban servitudes. Enume- rate the principal ones, and shortly explain each. 5. Distinguish between usucapion and prescription before Justinian, and state the changes made by him in the law in this respect* 6, Explain the donatio wle nuptias and the dos , 1 Name the different peculia t and give their significations, and his- tory, fi. What were the formalities of the written will under Justinian? 9. To what extent was the verbal will admitted? 10. Name the ordinary divisions of the haredila*, 11 . What was the pupillary substitution? 12* In what ways was a will broken > 13* Define the ha redes necPt&arii ; tui et necessarti ; extranet. 14. Anciently, how many kind of legacies were there ? name and define each kind. 15* Explain the Lex Falcidia and the Sc turn Trebdlianum * 16. What was the po&m&io bonorwtn, and in what cases was it given? 1?* Give the rules of succession introduced by the 118th and 127 Novels. Jsmttttj of Jaw McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1062. Tuesday, April “22nd, 4 f.m, to 6 p.m. BOHAN LAW. FIRST YEAR. Ezamiwr , ... Prof. F. W. Torrance. 1. Explain the meaning, in the jurisprudence of Justinian, of the expressions, “ The Digest/ “ The Institutes/ “ The Code/ and « The Novels j H and give a short account of each. 2. Shortly explain the expressions, “jus publicum,’ 1 “jus privatum/ “jus acriptum/ “ jus non serlptum/’ , 3. Explain the different modes of manumission of slaves among the Romans. 4. Give an account of the different restrictions imposed upon the unlimited power of manumission of slaves. 5. What did the power of the Roman father over his child consist in - and how was it dissolved 7 6. Give the history of the “ dos ” of the wife. 7. How was the Roman marriage made and dissolved ? 8. Explain the different kinds of illegitimate children. How was legitimation effected? 9. How many kinds of tutors were there? Explain each shortly. What were the duties of the tutor, before, during, aud after hia gestion ? 10. In what cases was a “ curator ” appointed? U, In what cases did the tutor and curator give security? Is there any, and what, protection provided by our law to the minor, in relation to his tutor ? 12, In what cases did the offices of tutor and curator terminate 7 faculty of §5 aw. McGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, APRIL, 1862. Tuesday, April 22nb, 4 p,m. to 6 f.h. ROMAN LAW. SECOND YEAR. Examiner, ............ P=o*. F. W. Torrance. h How many kinds of “ res” extra patrimonium were there? Define each kind, and give examples. 2. Among which of the modes of acquiring property, are “ occupation u aeceaflio,” and 11 traditio,” ranged ? 3. Explain fully the different divisions and kinds of accession and tradition, giving examples. 4. What were the opinions of Roman jurisconsults with regard to the question, whether the substance formed should belong to the person forming it, or to the proprietor of the material ? Which opinion did Justinian adopt? 5. What conditions required to be complied with, in order to transfer property ? 6. What was the difference between rural and urban servitudes? 7. What were the conditions necessary, in order to acquire by 4t usucapio n ? 8. What were the rules of prescription adopted by Justinian ? 9. What were the rights of the husband over the dotal property? 10. Name the different upeculia 11 of children, and explain their differences, 11. What were the primitive forms of wills at Rome ? What were the forms under Justinian ? 12. Could a legatee, fidei-commissary, or a testamentary tutor, be a witness to a wUl by which he was named ? UNIVERSITY U 0 GILL COLLEGE , MONTEEAL, SESSIONAL EXAMINATIONS, APRIL, 1861. Wednesday, April 17th. — 4 p,m. to 6 p.m. B 0 M A N LAW. Third Year. Examiner) * F. W. Torrance, Prof. 1. State the order in which successions ab inte&taia descended. 2. What were the aim and scope of the Lex Voconia t the Sdum Teriullianum y and Sctum Orphitianum. 3. What were the aim and scope of the 118th and 127th Novels? Give some points of resemblance and difference between their provisions and the rules of our own customary law in the same matter* 4. What was meant by i! po&sessio bonorum T* Enumerate its different kinds, and explain them* 5. Explain the rule referred to in the expression " unde vir et uxor ” Is there such a provision in our law ? 0. Give the meaning of lt collatio bonorum ” and “jus accrescendi ’* among co-heirs. 7. \\ hat are the divisions of contracts in relation to their manner of formation ? Explain each division. 8. Give the divisions of nominate real contracts, explaining each division, 9. What are verbal obligations ? 10. Who were the fidejussores, and wftat beneficia could they invoke? 11* In what ways were obligations extinguished in the Roman law ? 12. Explain the different kinds of quasi-contracts* 13. What ia a deli t ? Quasi-delit ? 14. Give the different kinds of fur turn. 15. What were the prarisions of the Lex Jquilia? UNIVERSITY OF MCGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATION, APRIL, 1861. Wednesday, April 17. — 4 p.m. to 6 f.m. ROMAN LAW. Second Yeah. Examiner, ....... F. W. Torrance, Prof. 1- Explain ret mancipi and nec mancipi. 2. To whom belongs, in this jurisprudence, the proprietorship of the hanks of public rivers ? 3. State the different modes of acquiring property by the jus gentium, and explain each in detail. 4. What do you understand by usurupio and pr&scriptio ? Explain each fully, and give a short explanation of our own law in the same matter. 6. Explain urban and rural servitudes, and their differences. Give examples of each. Enumerate the different personal servitudes, and explain each, €h Give an explanation of the peculium. of a son, and state the pro- gress and final position of the Roman jurisprudence in this matter. 7. What were the forms of wills in use among the Romans 7 Trace the progress of the jurisprudence, 8. What were the rules with respect to u exh&redatianes” and u insti- tutiones hmredum ff ? 9. State the divisions of substitutions, and shortly explain each. 10. Into how many parts was a "kcereditas" divided? Gire the Latin names of the different parts. 11. State the different classes of heirs, and explain each, 12. How many kinds of legacies were there in the Homan law ? Give their meaning and history, 13. Give an account of the Lex Falcidia; Sdum TrebeUkmmi : and Set uni Pegasianum* 14 . What is the meaning of “ dies cedit ” and “ dies venit ” in relation to legacies, and of the “ reguia Catmiana V' UNIVERSITY OF MCGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATION, 1861. Wednesday, April 17th* — 4 P,M. 6 to P,M< ROMAN LA1V. First Tear. Examiner t -F. W. Torrance, Prof* 1 * Explain jus mturalejus gentium, jus civile, jus honorarium . 2. Give the different modes of manumission, and shortly explain each mode. 3. Explain the lex JElia Scniia, and the lex Fmia Caninia , 4. In what did the paternal power consist, and how was it modified in course of time ? 5. How many modes were there of forming the marriage tie among the Homans ? Explain each* 8, What were the impediments to a just marriage ? Give the rules for computing the degrees of consanguinity 8, In what ways was legitimation effected ? Explain each way. 9, Explain fully adoption. 10 * How many kinds of « lutela " were there ? Explain each kind, 11, Explain capitis deminutio * 12, In how many different ways did the “ tut da” terminate? 13* Explain shortly “ satisdatio tutorum vel curatorum ; n “exematt- oncs tutorum vd curatarujn and the title tl de suspectis tutoribus vel curator ihus* McGill university, Montreal. * Jarully of gnur. SESSIONAL EXAMINATIONS, 1872. Wednesday, March 6th.— 4 to 6 f.h., for degree ; 6 to 1 p.m.j for Honours. LEGAL HISTORY. FIRST YEAR. Earn iner .Prof. L aFrena ye. 1. Quelle etait la difference entre les Pays contumiers, et les Pays de droit 6 Grit sous Tempi re de Tanciea droit franqais ? 2. Quelle 6tait la coutume en force, en Ras-Canada, avant lc Code, i quelle opaque et comment a-t-elle £te introduite ? 3. Quelles 6 talent lea sources du droit Civil en Bas-Canada, avant Is Code ? 4. Comment les ordonnances des Rois de France devenaieut-eHes en force et indiquez -eu quelques-unes ? 5. Qa’entendeK-YOus par les Edita et Or don nances on Canada avan t la COnqucte. 6. De quel Parlement guivons-uous la jurisprudence et pour quelle raison ? T. QuVntendez-vouB par nn arret de riglement ? 8. Par quelle loi a introduit le proems par jury au Civil ? 9. Citez quelques parties du droit Remain qui ont 6fc£ mlroduites dans la jurisprudence fran<;aise ? 10. Quelles aont les prlncipalcs parties du droit Anglais qui nous regis- sent an Civil en cette Province ? 11. Quel est Tedit qui a statue en premier lien eur la rebellion h justice ? 12. Quelles sont les ordounanccs qui out 6te enregistrees au Conseil SupSrieur de Quebec? The drat 8 questions are for the Degree ; the whole of the questions for Honour course. 149 : | H. .JA 3 HT/J)M JTI-n 2 VI^U JJTOrtM JETS I ,SKOn'AV!lKiJtS JAHOIB 8 SIB ; :s*a0«a «<>i t-H.'i 0 ot —.11 ft) B9 ,VAi.«a*ua 7 .arjt/voB nm T ot a fflT %|> ftfiH. ■. I }a jsa«itoul«03 n *1 : bJJ slhct' 4 ill 1 1 ill £ .iit- 4 -i* it: 'mean? ^ airpo 0 c.okA *»«•!. • ittffovab tl -b nfo'A - ?’ •- maxi fr*o *»l J if j allai? t, 1t l ■ |* jsf -eiiorHUiovfciB * tfsafxtfl te#p t *0 n f IhlO ua *- w hJwj sir." > s ^ ^ dB 4 j <004 hrp ginl^aA lloib af* isim »9 !jm| I >anar 4hv0 .M V i>on< • irtH hi Ho ti» U l ha ia« $ lolHaddi /si VJ-- uaii ioki?‘j* It -II ffe*:ro(J fts as && Jno Uip f ■/.■ liiimiiii a»l >« ; 4 fc< ^ T ajiiiiJ&eirp udi !o vlotfw sill ; v (1 odi ic$ «ui j * * inB — r . r ”'.‘ i iio -4 uaonoH cm McGILL UNIVERSITY, MONTREAL. Jarultg of jfair. SESSIONAL EXAMINATIONS, 1866. Wednesday, April 4th;— 4 to 6 f.m. SECOND YEAR. Examiner^ ...... Prof. Lapbenaye, B.C.L. - 1. Quels sont lea principaux commentateurs de la coutume de Paris ? 3. Quels aont les principaux commeutateura des ordonnances ? 3. Quels sont les arretistes du Farlement do Paris, do Cbatelet, et de la C our de Cassation? 4. Quels sont leg mellleurs ouvragea d consulter sur la bibliographic du droit 7 5. Quelleg sont les meilleures publications qui out paru sur la science du droit 7 C. Quels Bout lea auteurs qui out traitd ex professo dea substitutions ? *T. Quels sont les principaux traitds sur Fenseinble du droit fraru;ais? 8, Quel a sont les auteurs a consul ter sur les preuves, taut dans le droit anglais que dans le droit franqaie ? 8. Quels sont les principaux ouvrages du droit anglais que nous con- sultons sur Vense ruble de ce droit? 10. Quels sont les auteurs qui out traits des billets et lettres de change, soua Pempire de ces deux droits ? 11. Quela aont lea comment* tears du code Napoleon que nous con- sul tons sur les parties de ce code qui out reproduit I'ancien droit ? 13. Donne?, une notice bibliographique des auteurs les plus aecrddi- t£s sur les parties prmeipalea du droit anglais et fran^ais 7 148 - ' • McGill university, Montreal. faculty of ?£aiv. SESSIONAL EXAMINATIONS, I860. Wednesday, April 4th ; — 4 to 6 p,h. first year* Examiner, Prof. Lafrenayb, B.C.L. I. En qnoi eonsistait la distinction entre lea pays de droit 4crit et les pays coutumlers en France 7 S* Quelle eat la coutume que nous suivona en Ba 3 -Canada, et quels sent les priueipaux titrea qni oat 4t4 abroges 7 3, Quelies sont les ordonnancea qui ont aboli la preuve testimoniale des conventions dont la valeur excede cent livres ancien corns 7 4* QiFentendez-vous par la jurisprudence des arrets et citez quelques arrets qui re pose nt. sur le droit rotnain? 5* Comment furent introduces, en Baa-Canada, les regies de tdmoi- gnage prescrites par les lots anglaiaes dans les affaires de commerce et quelies furent les questions controversies qni a’en auivirent? 6. Qnels sont lea changements apportis par Fact® d© 1801 sur lea testamenta ? 7* Quelies aont les dispositions du Statu t dea Frandes, suivies en Bas-Canada? 8. Quelies aont les parties do Droit Anglais qui nous regiasent en Bas- Canada ? 9. Quelle eat Futility de cormaitre les decisions principales, hading cases, dans le droit anglais ? 10. Quelies sont maintenant les dispositions de notre legislation sur lea preuvea, evidence 1 II. Quels itaient les principaux tribunaux en France, avant la B Evo- lution, dont nous snivona la jurisprudence ? 12. Qnellea sont les principalea coura de justice en Angleterre, dont noua snivons lea decisions 7 147 * * McGrILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS, 1665, Wednesday, April 12th:— 4 to *1 p.m- BIBLIOGRAPHIES SECONO YEAR. Examine^ Professor Lafrenaye. 1. Quels sont les meilleurs commentateurs de la coutume de Paris? 2. Quels gout les meilleurs arrfrtistes dn Parlement de Paris ? 3. Quels sont les principaux comment ale urs snr leg ordonnances des Rois de France ? 4. Quels sont les auteurs les plug accredileg sur le droit fhmgaU ? 5. Quels sont les auteurs qui out traitd ex professo du droit commer- cial, taut anglais que franqais? 6. Quels sont les principaux outrages qui traitent de la procedure ? 7. Quels outrages devons-nous consulter snr les diffSreutes parties du droit anglais en force en Eas-Canada? 8. En vertu de quelle loi et dans quels cas la preuve, euivant les formes admises, quant aux t^moignages, par les lois anglaisea, a-t-elle dtd exigee et quels sont leg auteurs a consulter sur les prenves on evi- dence ? 9. Dans quels cas les proces par jurds peuvent-ils avoir lieu au Civil, et quels sont les auteurs a consulter sur cette matiere ? 10. Quelles sont leg differentes formes de tester en Bas- Canada ; quelles loi 3 et quels auteurs devons-nous suivre d cet dgard ? 11. Q u 1 e n te n d a 7 .-vo us par V Habeas corpus one of the debtors a sum equal to his share, what Is the effect oi such payment In the one case who i the receipt specifies that it is for his share, and in the other case when it does not do so? And what i a the effect when the payment is only of arrears of interest 7 2. In what case has a creditor who has accepted a delegation and discharged his debtor, a remedy ^gainst the latter when his new debtor becomes insolvent ? And what is tho extent of his recourse 7 3. How are suits brought by and against a limited partnership 7 And what acts done by a special partner render him liable as a general partner ? 4. Are there any circumstances under which persona who have been partners in a firm become liable for debts contracted after their connec- tion has ceased 7 And if so, state them in detail, 5. How far can the negotiability of a note be impaired by \U form, or by the form of the indorsement upon it? And how far is its negotiability of necessity arrested by its payment ? 6. In what cas ®3 is the drawer prevented from availing himself of the want of protest or notice upon the dishonor of a bill? 7. How must the transfer of a registered colonial vessel be made ? And what h the effect of omitting to register tho transfer, and also of neglect- mg to get such transfer endorsed upon the certificate of ownership 1 8. To what extent is the owner of a sea-going vessel answerable for damages caused without his fault or privity ? 9. How may policies of Insurance be transferred ? To whom ? And how far is the privity or consent of the insurer required ? 10. Describe the differences, if any, between a representation in insu- rance and a warranty, as to their nature and as to the effect of their proving to bo unfounded in fact* 162 McGILL COLLEGE, MONTREAL. faculty of Saw. , SESSIONAL EXAMINATIONS, 1871. Friday, IOtb March 4 to 7 p.h. COM JI ERLTA L LAW . Second and Third Yba&3* Examiner.* ........ ,, .. . Lectorkr Wcrtile, PARTNERSHIP. 1. Define the contract of partnership; and state ho w it can be formed, and what is essential for its validity ? 2. Explain the effect of an agreement by which one partner is exempt from Lability for the losses of the partnership, 3. What formality is imposed upon partners in partnerships for trading, maeufac luring or mechanical purposes ; and what consequences are incurred by its emission ? 4, To what does a partner render himself liable when he fails to furnish his contribution to the partnership 7 5, What difference exists where in the one case the power of man- agement is conferred upon a partner by a clause in the contract, and in the other case by an Instrument posterior to it? 6, By what acts, and to what extent are partners bound towards third ersons ? 7, State the different kinds of partnership and the divisions of COmmer* dal partnership, defining concisely each kind and division. 8. What responsibility and liability attach to a stockholder in a Joint- Stock Company 7 „ 9, How is partnership dissolved j what are afterwards the powers of the partners, and how are the affairs of a firm settled and its property divided after such dissolution ? 10. In case of the insolvency of a firm, in what manner is the private property of a partner liable for the debts of the firm ? INSURANCE. L Define the Contract of Insurance, and state the divisions of contracts to which it belongs. 2. What persons can effect insurance, and what things can be the object of it ? 3. Explain the various kinds of insurance. 4. What is a representation in insurance \ what facts must be, and w hat need not bedisclosed ; and what ia the effect of misrepresentation or concealment? 5. What is a warranty ; what is the distinction between express and implied warranties ; what things usually are impliedly warranted in marine insurance ; ami what is the effect of the breach of a warranty ? 6. What particulars must policies for the various kinds of Insurance contain ; and what is the difference between valued and open policies ? 7. What is a constructive total loss, and what mn3t the insured do before he can claim for one - when must an abandonment bo made ; what must the notice thereof contain ; what is its effect; and what is the con- sequence of the insurer's refusal to accept a valid one 7 8. How is the amount for which the insurer is liable In a partial loss ascertained in marine insurance ? 9. In fire insurance, for what losses, and to what extent is the insurer liab'e , and on payment to what right Is he entitled ? 10. In life insurance, in whose life has the insured an insurable interest ; and what is the measure of his interest ? 101 McGILL COLLEGE, MONTREAL, { (^arultvj of j£auj. COMMERCIAL LAW. SPECIAL EXAMINATION FOE THE ELIZABETH TOE RANGES GOLI> MEDAL, 1870, APRIL 19tB 4 TO ? F.Jt, THIRD YEAR, Examiner .Professor Abbott, D.CLL- 1, On what principle are the effects uf a partnership and of the indi- vidual members thereof distributed tun on gat the creditors of the part- nership and of such individual members, in the event of Insolvency of the firm and of the partners thereof? 2, In what way may the limitation of liability of the special partners m a limited partnership be forfeited by such special partners ; and under what circumstances may a special partner rank as a creditor on the estate of the partnership, rf such partnership becomes Insolvent f 3, Describe the obligations and liabilities of an endorser for value before maturity, and point out the distinction between those obligations and duties, and those of a person transferring a bill or note without en- dorsement, Point out also the distinctions which exist between the rights of an endorsee receiving a Bill before and after maturity, 4, Describe the obligations assumed by an accepter for honor. When may such contract be entered into ? What are his remedies ? And against whom in the event of hk being compelled to pay the bill ? 5, State the law of prescription with regard to bills and promissory notes, and give a historical account of the changes in that law hi Lower Canada previous to the Code. Detail the implied warranties which every ship owner is presumed to undertake when he enters into a contract of aSVeightment of any kind. t. Define a contract of Insurance and stale particularly how far, and under what circumstances,, it is limited to the interest of the assured in the subject matter of the insurance, 8, Describe what is understood by sea worthiness? By deviation? By general average ? By particular average ? 9, State the obligations of the insured as to representations, conceal- ment and warranties; and point out under what circumstances, if any, a mis-representatiou or concealment of a fact will affect the insurance. 10, In Marine Insurance in whaL way la ihe loss adjusted ? And in cases where a memorandum exists regulating the extent ol liability with regard to particular articles, what is the effect of such memorandum as regards the rights of the assured ? State the differences of opinion that have pre- vailed as to Insurance upon freight, 100 McGILL COLLEGE, MONTREAL. Jivrttltg ot gw, SESSIONAL EXAMINATIONS, 1870. F HID AT, April 8 th:— VRO ir 4 10 7 P.K. COMMERCIAL LAW. SECOND AND THIRD YEARS, ifafrtjrctnfr. .F nor assort Abbott, fi]LL9 OF EXCHANGE AND FftOMISBQUY NOTES* 1. Define a Bill of Exchange, and point out the precise difference in effect between such a Bill and a Promissory Note. 2. What is the consequcnee as respects the rights of panics, and as, respects procedure of the words “ for value received” being omitted. 3. State the obligations and rights of an acceptor for honor. Explain under what circumstances such an acceptance may be made, and point out the difference between the position of the acceptor for honor and the ordinary acceptor. 4. Point out those paries to a Promissory Note and to a Bill who are in similar positions towards each Other, as i® their liabilities and remedies towards and against the other parties to the instrument. 5. State the effect of endorsement of a Bill or Note ; and specially the liability of an endorser, the rights of the bolder, and the remedies of the endorser upon payment of the instrument. Point oat the distinctions which arise between endorsement before and after maturity, endorsement pour aval and qualified endorsement. 6. State what circumstances will arrest or impede the negotiability of n Note or Bill, and explain the powers of the various parties thereto m respect of diminishing or increasing the facilities for negotiation. 7. Point out what, if any, responsibility ia incurred by the party who transfers a Note or Bill by delivery only, aud the distinctions which exist between such responsibility and that of the endorser. 8* If a Bill or Note be payable generally, where must it be presented for payment, and if the maker or acceptor is dead liow must such pre- sen tment be made 7 S, If, by reason of defective notice, one endorser amongst several becomes liberated from responsibility on a Bill or Note, what effect hag the liberation of such endorser upon the rights of the holder as against the maker or acceptor, and as against endorsers prior or snbseqnent to he endorser so relieved? n 10. What amount of damages does the drawer of a Bill of Exchange subject himself to if it be dishonored ; and is there any distinction arising out of the place upon which such Bill is drawn? 11. What privilege in mutter of procedure and proof is allowed to Bills and Notes 7 State the effect of a plea denying the signature, and supported by affidavits, upon the obligation of the plaintiff to make proof. 12. What is the present term by which an action on a Promissory Note or Bill is prescribed 7 State the changes in the law which have occurred in Lower Canada on this subject. AFFREIGHTMENT. l f For what purpose may contracts of affreightment be made 7 2. What is the security of the lessee for the performance of the obli- gations of the lessor, and in what way is the lessor secured for the per- formance of the obligations of the lessee? 3. What is the effect of a declaration of war, interdiction of trade, or other irresistible Force preventing the prosecution of the voyage, upon the contract of affreightment? And state any distinction which exists between such obstruction, if temporary or permanent. 4. Describe the usual contents of a charter party and its ordinary stipulations. 6. What is demurrage, and how is the amount of it regulated ? 6. Define a Bill of Lading and describe its usual contents. What are the privileges as to negotiation and transfer of good3 attached to a BUI of Lading, and how aro they exercised 7 f McGILL COLLEGE, MONTREAL. SPECIAL EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL, 1389. COMMERCIAL law. Kr a miner, ... Abbott, D,GJj. April, 20th 4 to 7 p,m. 1. Give the definitions of the contract of sale according- to the old law, and to the code. Point out the distinctions created by the change, and describe particularly the effect, if any, upon the doctrine of delivery* 2. Describe the changes, if any, produced by the code in the law of default, of damages, liquidated and unliquidated, and of penalties for non* performance of a contract. Point out the conflict caused by these changes with the rules which formerly were held to govern these subjects, and how far the principles on which those rules should have rested, are in- fringed by them, if at all : 3. Give a concise view of the rules of law governing the right of dis- solution of partnerships, not limited as to time State to what extent a partner has the power of withdrawing himself without legal cause before the expiration of the lima fixed by the agreement between the partners i and the consequences of ft partner's withdrawal from a firm, under any circumstances without the consent of his co-partners, 4. Define a 11 Charter Party " a BUI of Lading.' 1 In what respects can either of these instruments be used as evidence of the transfer or ownership of property 7 Describe the differences (if any) between the obligations of the owner of a ship under a u Charter Party/’ and those created by a Bill of Lading. 5* What is the effect upon a Bill of Exchange or Promissory Note, or upon the procedure in a suit for its recovery, of the omission of the words 11 value received?" Stale how far the negotiability of a note may be impaired by its form : or by the form of the endorsement upon it ; and how far its negotiability is of necessity arrested by its payment, 6* What are the obligations of the insured as to the representation of facts concerning the subject matter of an insurance ? State the effect of the misrepresentation or concealment of any fact, and all the distinction,, which arise in the discussion of that question Describe the differences if any, between a representation and a warrant}', as to their nature, and ns to the effects of their proving to be unfounded in fact. 145 # McGILL COLLEGE, MONTREAL, faculty of £Chw. SESSIONAL EXAMINATIONS, 1839 . PARTNERS H IF, SECOND AND THIRD YEARS, MzamineTj . Professor Abbott, L Define the contract of partnership: state the modifications in the liability of the individual p&riners towards third persons, and towards each other which may be made by the articles of partnership, 2. Are any and what formalities prescribed by law for giving publicity to the description of the members of a partnership? What are the con- sequences of neglect of these formalities, as to the penalties for such neglect ? and how does it affect the remedies of third persons. 3. What are the obligations of a partner in respect of what he has pro- mised to contribute to the firm? and as to things contributed to it, of which it has been evicted ? 4. If a partner is creditor individually of the debtor of the partnership, in what way should a payment to him be imputed? And how would the rule you lay down be affected, by an agreement between such partner and the debtor at the time of the payment? 5. What distinctions as to the person at whose risk things contributed to the partnership are held by it, arise from the nature of such things? What from the purpose for which they are contributed ? What are the powers of the partners as to the management of the business where no provision is made for it in the articles? How far may the general rule be varied by the agreement of partnership ? 7. Define universal and particular partnerships. How are commercial partnerships divided ? Define each class of commercial partnerships. 8. Describe the difference between a general partner and a special part- ner, in a limited partnership. Are special partners under any, and if any, what disabilities as to taking part m the business of the firm ? 9. In what modes may partnerships be dissolved ? What is the rule as to the dissolution of partnerships formed without limit as to duration ? To what modification is the general rule subjected ? How and under what circumstances may a partnership limited as to duration, be dissolved before the expiration of the stipulated term ? 10. Have the former partners any, and if any, what powers with regard to the business of the firm, after dissolution ? State the distinctions as to creditors’ rights against the effects of the firm, and the effects of indivi- dual partners. Are there any circumstances under which persona who have been partners in a firm remain liable fur debts incurred after their connection with it has ceased, and if there be, state them in detail. 1. State the circumstances which are essential to the existence of the coitxcv known as a bill of exchange. Also to that known as a promis- sory note, # 2. Describe the obligations towards third parties, and towards each other, which are assumed by the parties to a bill of exchange. And point out which of the parties to a bill and to a note, stand in the same posi- tions relatively to third parties and to each other, 137 I 3. Describe the obligation of an endorser pour aval * of an acceptor flu besoiiij and of an acceptor supra protest ; and point out any distinc- tions which exist between them and ordinary endorsers, and acceptors j whether as to the nature of their liability, or as to the remedies against them respectively* 4. What is the effect of the omission of the words t( value received 15 in a bill or note ? 5, Define the expression u bond fids holder for value, 57 giving an expla- nation of the bonajidss implied in it, the nature of the facta requisite to constitute a “ holder, 35 and the description of value which must be given to entitle such holder to be regarded as a holder tor value. 6, What facts respecting previous parties to a bill or note, are admit- ted by its endorsement? 7* What is meant by noting a bill for non acceptance? What notice thereof is necessary, if any? 8. What is meant by a bill or note being payable generally ? Where 1j such bill or note payable? Relate the changes of the law which have taken place in Lower Canada vrbh regard to the place at which bills and notes are payable. What is the effect as to the other parties to a bill, of the payment of it by the acceptor ? by the second endorser? by tbe drawer ? 10, In what eases is the drawer prevented from availing himself of the want of protest or notice, upon the dishonor of a bill- lastTRiNClt. 1. Define ibe contract of insurance, and give a general description of the matters to which it is applicable. Detail the matters to which it has already been applied. 2. cjtate which kinds of insurance are commercial contracts ; and which are not ; and point out the reasons for the distinction. 3. To what extern, if any, must the insured have un interest in the object of an insurance? When must he possess such Interest? To what extent can he recover upon a contract of insurance? 4. How arc contracts of ins lira nceusnallj evidenced ? Is the ordinary instrument essential in every case ? Describe the distinctions existing in this respect. 5. How may policies of insurance be transfixed ? To whom? How far is the privity or assent of the insurer required ? 6. What are the obligations of the insured as to the information to which the insurer ia entitled ? State the luw on this point fully and in detail. 7. What is a warranty ? What is the effect of it T What are the war- ranties implied In every contract of marine insurance? 8. When misrepresentation uf a material fact has occurred, and a loss hag followed ; is it material to the right of Indemnity that the lo$3 did not arise from any circumstance which was misrepresented 7 9. What should a policy of mirine insurance contain ? Answer this questic n in de all j and state re iBrn-, f>r the insertion of v ry thing can- usiered essential to the validity of the policy. 10. In what caies id the premium] not due; and if paid may be reco- vered back? Printout the reai ms fur the provisions of law m this respect. 138 McGILL COLLEGE, MONTREAL, jfarultjj uf glau;. SESSIONAL EXAMINATIONS, 1869. Wednesday, April 7th -4 p m. to 6 p.h., for degree; 6 p.m. to 7 p.h., for Honours. CIVIL CODE OF LOW EE CANADA. SECOND YEAR. Examiner t * . . Prof. L aFrenate, 1. Quelles sont les dispositions gdny rales da code sur le mandat? 2. Lea mineurs pearent-ils £tre mandataires ? 3. Le mandataire peut-il eub3tituer tan autre dans I’ex^cutioa du mandat? 4. Dans quels eas a^tablit la solidarity entre lea mandataires ? 5. Quand et comment le mandataire doit-il rendre comple 7 S. Quand dait-il l'inter£t7 7. Dans quels cas le mandataire est-il responsable personnellement en- vera les tiers ? 8. Quelles sont les obligations du maadant envers les tiers ? 9. Quelles sont les princi pales opd rations du commerce de 3 courtiers et des facteurs ? Id, Comment se termine le mandat ? 11. Quelles sont lea dispositions du code sur le pret a ml^ret? 12. Quelle est la difference entre le ddpot volootaire et le d6p6t ndces- saire 7 13. Qu’est-ce que le sequestre judiciaire, en quels cas et pour quelles causes peut-il avoir lieu 7 14. Quelles sont les dispositions du Code sur La nature, la division et rytendue du cautionnement? 15. Dans quels cas et poor quelles causes la caution peut-elle agi r contre le ddbiteur avant d avoir payd ? 16. Quelles sont les obligations principales de ia caution judiciaire ? 17. Comment s’eteint le cantionnement ? N.B, — The first 12 questions are for degree* The whole of the questions for Honour course. 130 McGILL COLLEGE, MONTREAL. jfarultij of g'aic. SESSIONAL EXAMINATIONS, 1868. OF AFFREIGHTMENT. SECOND AND THIRD TEARS. Examiner. — Fact, Abbott. 1 . In what way are contracts of affreightment usually made, and by whom ? 2. What constitutes the security of the lessee of a vessel for the per- formance of the obligations of the lessor? 3 . What is a charter party ? What is the precise difference between it and a bill of lading ? Are both ever executed with respect to the same ship, or Its freight? 4. What is the effect of a declaration of war between the country where a ship is, and that to which she is destined ? What difference would it make if the detention, though caused by irresistible force, was only tem- porary ? 5 . What is demurrage ? How is it regulated ? 6 . What are the obligations of the lessor in the contract of affreight- ment 7 7. What is the rule with regard to the stowage of goods on deck ? What are the consequences of a breach of it? 8 , What effect upon the liability of the ship for damage to goods, if there he a pilot on board? State any distinctions with respect to this ques tion * 9, To what estent is the owuer liable for damage to goods on board a sea-going ship 7 If damage has occurred on more than one occasion how is the rule applied? 10 . In what case does freight become due before the carriage of goods is completely performed ? 1 3 freight duo upon goods sold to procure money to repair the ship I At what rate are such goods accounted for by the master ? What remedy has the master if freight be not paid. 138 McGill college, Montreal. Jarultg of Saw. SESSIONAL EXAMINATIONS, 1868. PROMISSORY ROTES ARD BILLS, second and third years. Examimr Prof. Abbott. 1. Define a Bill of Exchange. A Promissory Note. 2. Describe the parties to a Bill? Also the parties to a note? State ’which of these bold positions analogous to each other. 3. What is the effect of the insertion in a Bill or Note of the words “ value received” ? And of their omission ? 4. Describe clearly the precise difference in effect between an endorse- ment before, and one after the maturity of a Note. Can the negotiability of a Note or Bill be stopped by endorsement, and how? 5. What is meant by an acceptor for honor ? State succinctly what are his rights and liabilities. 6. By whom should Bills or Notes be protested in the Province of Quebec ? Is there any, and what exception to this rule — and if there be, is anything more required to be stated in the protest than if it bad been made by a Notary ? 7. When must a Bill be presented for payment? What rule prevails if a Bill be unaccepted, and there is a drawee au be&oin ? 8. If anjaccoptor becomes insolvent, to whom must presentment for payment be made ? 9. Whatjis the difference between the rights and liabilities of a war- rantor, and those of an endorser ? 10. What is the effect upon previous and subsequent endorsers, of the omission to give Legal notice of protest to an endorser ? McGill college, Montreal. ^aruUtvj Of ijCati*. SESSIONAL EXAMINATIONS, 1B66. Friday, April 6th. COMMERCIAL LAW. FIRST TSAR. OBLIGATIONS. Examiner, Prof. Abbott, B.C.L, 1. Explain the sense in which the terra obligation is used in this eonrse, and state the principal divisions of such obligations. 2. Describe fully the causes from which obligations arise. 3. State the effect upon a contract, of error, and of fraud, respectively ; and define clearly the distinction which exists between the operation of those two defects in contracts. 4. What difference is there in the extent of inequality which will render a contract defective, considered with regard to the parties to such contract ? 5. State the distinction between the respective capacity for contract- ing, of minors below and above the age of puberty, of lunatics, and of married women. 6. Describe fully the distinctions which exist between persons obliged in solidO) and several debtors of an indivisible obligation ; and the effects which result from those distinctions as regards the debtors and their heirs, in case of the non-performance of such obligation. 7. What la the effect upon the heirs of the debtor of an indivisible obligation, of the breach of such obligation by one of them ? and state the distinction, if any, between the breach of such an obligation in faciendOj and that of such an obligation in nmfaciendo, 8. If a penal clause is attached to an obligation, is the penalty incurred for the whole, and by all the heirs of the debtor, by the contravention of one of them? and if the question bo susceptible of different answers, as the obligation is divisible or indivisible; give both of such answers. 9. What is the nature of the several exceptions of Division and Dis- cussion on the part of sureties, and what is their effect ? State any restrictions upon pleading them, arising from the nature of the contract, the time of opposing them, or the subject affected by them. 10. What are the rights which a surety may have against the princi- pal debtor; and how may he entitle himself to those rights? When has the surety an action against the principal, before he has paid the debt ? 153 what : 3 the leading rale for the imputation of pay moot a, when j 1 ' u s been made either by the debtor or creditor ? What is the dis- twtirm taken by Mr. Pothier, as to imputation, between interest stipu- iLted for!^ and interest which is the result only of a judgment? i') What is the difference between compensation and payment? Whit dell la may be opposed in compensation, and when doesit take Olaoe ? State in what cases the feet of the demand and the debt set up in compensation, having arisen ex code™ fonte, 13 of importance m con- side ring whether compensation has taken place. s econo and THinn yeakb, PROMISSORY NOTES AND BIIXS OF EXCHANGE. 1 wh a t are the laws which regulate the forms, negotiabiliiy] and general effect of Promissory Note3 and Bills in Lower Canada. In case of auv conflict of laws arising from the contract being partially nindem one connS and partially in another, by what law will it be governed ? 2 What kind of consideration i3 required to sustain a Promissory Note or Bill ? State the distinctions, if any, which arise from the feet of the instrument being held by the original payee,or of its i being in the hands of an innocent third party, who acquired it before maturity. 3. Describe what is meant by a bond fide holder of a Bill. State any defect, if any there be, that will avoid a Bill or Note the 'lands of a bond fide holder, nnd refer to any change in our law in that behalf. 4 What is the effect of the neglect of the holder of a note to present it nrouerlv for payment ; nnd state any distinctions which exist in respect cVZmaker andV the endorsers ; nnd which arise from the note being made payable at n particular place, nr without indication of place of payment ? 5 whom should a note bo protested, find by whom and when, should notice of dishonour be given ? State any distinction between our law and that of England m this respect. 6 . Wliat is the nature of the obligation of an endorser pour ami ? 1 In the case of a note made by A with three endorsers, B, C, and 1), what would be the etibet of the voluntary discharge by the holder of A 7 B7 C ? and D ? g What would be the difference in the effect upon the others, if the discharge of any party to the note were obtained under a Bankrupt or Insolvent law ? INSURANCE. 1, To what class of contracts does Insurance belong ? 2 What is the extent of the liability of the insured in respect of the subject of the Insurance, and the amount of damage caused to it by the occurrence of the event insured against. Distinguish between value, and open policies, and between Fire and Life Insurance. 1 54 ;s:::r to the ^ 8t»ted a inth e e C DoIW ?" p“ rin !;. I “ 8Urance that the “ aine of the insured be Staled m the policy ? Can different interests be covered by the same policy, and if they can, by what form of words can it be done ? r , f * n , Insurance is made “for whom it may concern ” is there any aLZm ldtw nGtl ^ *V° the parties whose intcrests *re covered by it? tlZt • T C a i^ CrCtlCe t0 the * >erB0QS who interested in thp became SsW ° f ““ P ° ,iCT ’ ^ to tho?e who Awards J„ t what is known in lhe English and American Uw as a warranty? ^twl’V rBpr , esen ‘ ati ° n? What is tb « distinction which prevada asss 'p 1 ,” w “ ,d ■“ th "■«*» ■» «ws 7. Define general a ye rage and particular average. 8. How many kinds of losses are there, which give rise to a claim for « #1 ■?— totlno«. atepB French interpretation of the phrase •< baraterie de patron.” policy, ^ovcr? SkS 13068 th * phraS6 “ l0S9 ° r damage b * Sre ” in a *» " M "> a » »»* «*• 155 * ■ * SECOND AND THIRD YEAR STUDENTS. AGENCY, 1. Define Agency, and state the precise distinction between a general, & particular! and an universal agent. 2. State who may T or may not, act validly as agents. What class of persona incapable of contracting may yet validly act as agents ? What Is t be reason for such a distinction ? 3. Give a concise explanation of the characteristics of those classes of agents, having distinct appellation. 4. Can a person acting as agent bind his alleged principal without authority, and if he can, under what circumstances ? 5. How may agents be appointed? What is the distinction as to the mode of appointment of agents, arising from the character or qualities of the principal, or the nature of the agency 7 G. How is the extent of the power of the agent established, as between the agent and. his principal, and as between the principal and third par- ties ? What is the effect of the unauthorised assumption of authority in both these respects ? 7. What is the effect of the ratification by the alleged principal of the act of the agent? Is the effect ever retroactive? If so, how can it be proved ? and when is it presumed ? 8. State ail the modes by which the contract of agency may be termi- 9 . What is the effect of the termination of agency, as to acts done afterwards . What is the effect of an agent’s admission, and the dis- tinction that may exist on the subject ? 10 f In case of special instructions by the principal, what is the effect as to third parties? 11. State any distinction that may arise in cases where the procur- ation is more extensive than the special instructions. 12. The same, when it is less extensive ; and when the instructions are made known, and when they are not? 109 10, At what place should payment be made to be effectual ? What is the effect of a payment at a wrong place 7 — to a wrong person 7 To what species of action, if any, does the latter give rise? What is the effect of a payment made before a debt is due ? 11* What is the effect upon an obligation of the death of the debtor ? —of the creditor? What is the effect upon the heirs of a debtor of an indivisible obligation, of the neglect of one of them to perform an obli- gation in faciendo 7— eSne the word “ obligation” in its legal sense. Describe the dis- tinction between an obligation and a contract, 2. Detail and define the leading classes of contracts. State to which of those classes the several contracts of sale, instance, deposit, letting for hire, and exchange, belong. 3, What is the effect of fraud in the inception of a contract 7 Of con- sent extorted by violence ? and state any distinction that may arise between the effect of the resort to violence by one of the contracting parties ; and of violence or forcible constraint by a stranger to the con- tract, without participation by the contracting party. 4. What is the effect of inequality in a contract ? State anj distinc- tions which may arise upon the extent of the inequality ; and also with regard to the relations of the contracting parties to each other. 5. What is meant by an accessory obligation ? Which are the ordi- nary accessory obligations ? What is the difference between the effect of the extinction of an accessory obligation, upon the principal ubllgation to which it attaches j and that of the extinction of a principal obligation upon its accessory. 6, What! is the effect as regards the debtor, of payment to one of several creditors m sotido ? And as regards the co-creditors, of the institution of proceedings against the debtor by one oi such creditors. 7, What is the effect upon the co-debtors in solido of the payment o the debt by one of them ? And as regards prescription, of the demand upon one of such debtors 7 And what are the rights of the debtor who pays, against his co -debtors m solido ? State distinctions that may arise from a difference in the shares in the indebtedness of the co-debtors inter se t G. What are the rights of a surety who pays the debt of bis principal? Define subrogation . Is it necessary for the surety paying the debt to demand a subrogation from the creditor at the time of payment 7 Is there any difference in this respect between the rights of the surety against his principal — and those of the debtor in solido who pays the debt, against his co-debtors in solido . 9. Define the exceptions of division and discussion — when may they be opposed 7 How may the surety be deprived of them ? What is their affect ? 10. Define divisible and indivisible obligations. Explain the difference between natural -division and civil or legal division. What is the effect upon the heirs of the debtor of an indivisible obligation in faciendo, of his neglect to perform such obligation 7 11. Detail and describe the various modes, exclusive of payment of performance, in which obligations may'be extinguished. State the rules and distinctions with regard to those which are extinguished by the death of either party to them. 12. Are there any cases in which payment to the debtor himself will not discharge an obligation ? If so state some of them — and, how in such cases, the debtor may obtain such discharge. Insurance. 1- In what collection of laws is insurance first mentioned? 2. What species of insurance was first used ? 3. When was the first fire insurance company established? 4. Define insurance, 5. To what purposes may the principles of insurance bo applied 7 $ r What is meant by insurable interest ? 7, To what extent must it be possessed by the assured 7 6. State the peculiar features of a mutual insurance company. 9* State the peculiar features of a proprietary company. 10. State the peculiar features of a mixed company. 11. What is a warranty, and what a representation? 12. What facts moat he stated on procuring a policy of life assurance j and what is the effect of concealing them ? Answer at length, with distinctions, 13. What are the rules respecting concealment of material facts, when an agent effects insurance ? 14. Wbat is the effect of the non-payment of the premium ? 15. What amount is payable under a life policy, on the determination of the risk 7 16. When, and under what circumstances, may the assured demand a return of premiums ? 17. Can a policy be assigned ; and, if so, in what manner ? 18. What is the nature of the declaration required from the assured against fire, on effecting insurance ; and the effect of it if false 7 19. Xu case of a loss, what preliminary proof is necessary before de- manding or enforcing payment of it from the insurer ? 20. If there be several insurances, in different offices of premises con- sumed or injured, must each office pay the full amount of its own policy- and if not, how is the allotment to be made ? 21. Define i( civil commotion/’ “ usurped power.’ 1 22. What is meant by the expression, “ lost or not lost” in a marine policy? 23. What Is illicit trade ; and to what extent, if any, may goods used in such a trade be insured? 24. What is meant by contraband of war, and to what extent may goods contraband of war be insured ? 25. What is an open policy ? 26. What is a valued policy j and what is the effect of the valuation contained in it? and double insurance? How far are they. 27. What is re-ass urnnce, or either of them allowable ? 28* What are the perils insured against, in a policy ot marine insu- rance ? 29. When does such policy attach, and when does it terminate ? 30, What is abandonment ? In what cases may it be made, and what is its effect ? Pronms&ry Notes and Bills. 1 what are the essential requisites of a promissory Note ? Of a Bill of exchange ? 2 What parties to Bills and to Notes stand in analogous positions? 3. How many different kinds of Promissory Notes are there ? 4* What are the peculiar privileges attached to Bills and Notes ? and why are such privileges granted to these species of contracts ? 5. How may the rights of property in Bills and Notes be transferred ? 6. When must a Bill or Note be presented for payment ; and in this connection— what are days of grace ? What do you understand by the term u a month »? What is the rule respecting Holidays ? 7. Tf a Bill or Note be not paid at maturity : within what time should it be protested? What is the effect of the neglect to protest a Bill or Note as regards the Maker? the Drawer ? the Acceptor ? the Endorsers ? 8 Are there any valid excuses for the non-present men t for accept- ance or payment of a Bill or Note ; and if there be, what are they ? 9. How would a Bill or Note he affected by the absence of considers tion, either partial or total, in its inception ? 10. How will a Bill or Note be affected by the illegality of its consid- eration either partial or total ? Answer these two questions at length, stating all distinct ions arising from the position of the various parties to such Bill or Note, by whom S uch failure or illegality of consideration might be set up as a defence. 11, How may the liability of the endorsers upon a Bill or Note be ex- tinguished otherwise than by payment? Also that of the drawer or payee , the maker or acceptor ? 12, What is the effect of notice of absence of consideration, upon the holder of a Bill or Note ? Answer stating distinctions. UNIVERSITY OJ MCGILL COLLEGE, MONTREAL. SESSIONAL EXAMINATIONS. APRIL, 1801. Tuesday, April 16th. — 4 p.m to 6 p.in LAW FACULTY-COMMERCIAL LAW. Examiner j * * • . • * J. J. 0. Abbott, Prof. Second and Third Year Students. AGENCY. 1. Define agency. State the distinctions between a general agent and a particular agent. 2. Who may be agents. Are there any, and what class of persona who are incapable of contracting, yet may validly act as agents ? State the reason for such distinction, if any there be. 3. Enumerate the various classes of agents which have acquired a distinctive appellation : and give a short explanation of the peculiar characteristics of each. 4. In what modes may agents he appointed? State any distinction which exists between the mode of appointing agents, arising from the character or qualities of the principal. Also any such distinction arising from the nature of the agency, 5. How is the extent of the power of the agent established as between the principal and third parties ? As between the agent and his princi- pal ? What is the effect of the unauthorised assumption of authority in both these respects ? Of exceeding the authority : of subsequent rati* fication by the principal, and how it may be evidenced. G. State all the modes by which the contract of agency may be terminated. What is the e fleet of its termination, as to acts done afterwards. What is the effect of the admissions or declarations of an agent \ and state any distinction that may exist on this subject. BAILMENTS. 1 . Define a Bailment. Explain the origin of the term, and the dis- tinction between this contract and that of agency. 2 . Describe what is understood by ordinary diligence ; ordinary negli- gence : gross negligence j and slight negligence. 4. Name and define the various classes of Bailments, giving the dis- tinguishing characteristics of each class, 5. What is the general rule as to the degree of diligence required from a Bailee, Apply this rule by stating what degree of diligence is required in each class of bailments. G. State how, and to what extent a Bailee may become responsible by the neglect of the rules as to diligence 3 and how, and to what extent, he may vary the effect of the rules, by a special agreement with the Bailor. 1 . Define Partnership, PARTNERSHIP. 2 . What bearing has the law of Agency on that of Partnership. 3. Under which of the classes into which Pothier divides contracts in general does that of Partnership fall, 4. How may a partnership be created ? 6 * Is any and what formality required in its creation, or for any pur- pose connected with its formation or subsequent management ? 0 . What is the distinction between a partnership and a community? 7, To what extent are partners liable for the debts of tho firm ? State distinctions, if there be any, between co-partnerships for different pur- poses. S. How and to what extent may a firm be rendered liable for the acts of any of Its members ? 9, To what extent may a firm he rendered liable by the declarations or admissions of one of its members ? 10 . What is a Partnership en coitimaridile and what Is the extent of responsibility incurred by its members. 11. Are there any, and what circumstances under which a person, not tacually a partner, may be liable for the debts of the firm ? 12 , How may a copartnership be dissolved? What are sufficient grounds for demanding its dissolution ? And what are the powers of the members of it as regards each other, after the dissolution. > * McGILL UNIVERSITY, MONTREAL, faculty of SESSIONAL EXAMINATIONS, 1S72. $ Tuesday, March 12th.— 4 to 6 p.m,, for degree j G to 7 p,m , for Honours. JUDICIARY LOGIC. • FIRST YEAR. Examiner. ..Prof. Gon zal ye D outre, B, C. L. 1. Donnez une definition die la logique judl daire. 2. Quels sont les principe a deg arguments ? 3. Qu’entendez-vous par un syllogisme, un enthy mouse et un dileume ? * Donnez des exemples 4. Quel est Fobjet de Fargument d definition* ? 5. En quoi consiste Fargument <3 wmtrario senm f 6. En quoi ['argument d simili diff&re-t-il de l’ argument d comilujs vel oppo~ •it is ¥ Donnez des exetnples, 7 L 'argument d fortiori est-il moms conclnaot que l 1 argument d coneiliw vel opposite ? Donnez des exetnples a Fappui de votre reponae. 8. Comment appelez-rous Fargument tire des motifs de la loi et dans quel but aYez-Yous reeours £k ces motifs ? 9. Quand devcz-vous yous servir de Y argument a b exception* ad regttlam ¥ Donnez un excmple. 10. Qu’est-ce quo Fargument d vulgari usu loquendi f Donnez un example. 1 1 QiFest-ce que Fargument d cessante ratione f et donnez un exemple. 12. Quel cat F argument ah imposnbili ¥ et indiquez par deg exemples en quoi il differs de Fargument a b absurdo. N.B. The first 8 questions are for Degree, The whole of the questions for Honour Course. IGo McGILL COLLEGE, MONTREAL. 4»fuUg of Xaiv- SPECIAL EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL, 1871. MARCH 17th : — 4 TO 7 P, M. THIRD YEAR. Examintr , Professor Lafrena yb* 1. Qu’entendez-vous par taction redhibitoire 7 Art. 1530* C, 0. 2* Dana quels caa le vendeur peut4l exercer la faculte de rdm4rd ? Art. 1546 ? et seq. 3. Qu f entendez-Youa par la limitation 7 4. Dana quels caa le locateur a* Ml un droit d'action pour rdsilter le bail ? Art. 1624. 5. Comment so terminc le contrat de lounge des clxoaeg. Art 1655 et seq. 6. Expliquez lea differed ta coniratg de rente indiqu£a an Code Civil Art. 1593, 1787 et 1901. 7. Queries sont lea differences qui existent entre la saisie-arrot. Art 612* Farret simple. Art 834, et Farris t en main- tierce. Art. 855. C. P. Q. 7 8. Dana quels caa le writ de mandamus est-il applicable ? Art 1022. 9 QiFentendez-Youa par Fappoaition et la levee des scellea ? Art 1279 et seq, 10. Queries sont leg principales dispositions du code de procedure civile aur les arbitrages en gdndral. Art, 1341 el seq, 171 McCILL COLLEGE, MON REAL, faculty of ZCiur, SESSIONAL EXAMINATIONS, 18T1. Wednesday, March Bth :^4 p,h. to 6 p.m,, for degree; 6 PhM. to 7 p.m., pqh Honours, CIVIL CODE AND CODE OF CIVIL PROCEDURE. THIRD YEAR. Examiner. Prof. LaFkenaye, 1. Comment se fail resignation dang leg diffbrents cas Indiquds au code de procedure civile ? art. 57 et seq. 2. Quelleg sont les exceptions prdlimlnaires et sons qnel ddlai dokent- elles fetre produces ? 3. Quelles sont ks principales dispositions du code de procedure civile eiir ^articulation do faits ? 4. Quels sont les systfemes dVnquetes indiquds an code de procedure civile ? 5. Dans quelle espece d‘ action et dans quelle poursuite le proces par jury peut-il avoir lieu ? art. 348. G. Qu’entendea-voua par, folle enchere et quelles en sont les conse- quences ? 7. Dans quels cas une opposition on sous ordre peut-elle etre faite? 8. Dans qtiela cas pent-on demander un compulsoire 7 art. 1245 C.P.G 9> Qa’est-ce que la peremption d’instance ? 10. Quels sont les effete du ddcret ? 1 1 . Qu’est-ce quo la prescription trentenaire 7 12. DonneE-un exposb de quelques courtes prescriptions ? 13. Dana quels cas les tribnuaux petivent-ils supplier d’office le moyeu resultant do la prescription ? art* 2188 0.0. 14. Feut-on prescrirc au-dela deson titre etdaug quels cas ? art. 2210, 15. Dans quels cas le Jcr dander peut-11 exiger nn titre- nouvel ? art. 2240-2257. 16. Quelles sont les personnes qni sont contraignahtes par corps ? 17 Quelles sont les consequences de la rebellion a justice ? N.B.— The fi rst 12 questions are for degree. The whole of the questions, for Honour course. 170 McGill university, Montreal. {fucuttjj of gnu?. SPECIAL EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL, 1810. Monday, April 19th : — 4 to T p.si. THIRD YEAR. Ma mm iner, Professor L afrena ye. 1. Comment so complete la vente par encan ? Art. 1567. 2. Quels sont lea privileges du maitre pour repousser Faction pour sal a ire par les domestiqnea ou servile urs dc forme ? Art. 1669. 3 Quels sont les droits de FentrepreneuF pour les ebangements dans les plans et devis on augmentations de la main-d' oeuvre on des mat4- riaux 7 Art. 1690* 4. Dans quels caslc erdnneier peut-il exigerun litre- notrvel ? Art. 2249 2257. 5. Pent-on prescrire au-deldde son litre et dans quels cas ? art. 2210, 6. Quelle est la difference entre lea experts et lea arbitres ? C, P, C., art .322-341. 7- Quel eat FefTet dn d^aistemeut^? C, P. C., art. 450, etc. 8. Dans quels cas se pratique lop position en sous-ordre ? C.P. C. art i53j etc- 9. Quels sont les diff£rents cas dans ieaquels la saisie-anet est prati- que ? 0. P, 0., art. 612, 834, 855. 10. Dans quels cas les jugements de la Co ir de Circuit sont-ils sua- ceptiblea d’appel a. la Oour du Banc de la Heine ? C. P. G,, art. 1142, 109 McGill university, Montreal. ^aruttii at Sau-. SESSIONAL EXAMINATIONS, 18 TO. Wednesday, April Gtb 4 ro 6 p.m., for degree 6 to 7 P.ar., for Honours* CIVIL CODE AND CODE OF CIVIL PROCEDURE* THIRD YEAR, Examiner** Prof. L aFrenaye T, Qnelles sont les exceptions prdlimmaires et sons quel d^lai doivent* dies etre produitea ? 2* Dana quel cas one intervention peut-elle &tre produite? 3. Qu’est-ce que T inscription en faux et comment doit-elle etre pro- duite ? 4. Qn'est^ce quo le d^saveu et comment doit-il se faire ? 5. Quds sontles ajs-etnes d’enqu&te indiqndg au Code de Procedure Civile 7 6* Qifest-ce que la reprise distance ? 7* Qa f est-ce que la peremption ^instance ? 8, Quels sent leg effets dn d^cret? 9, Que lie a sont les diffdrentes oppositions iudiqudes au Code de Proce- dure Civile et quelles sont les fios de chaque opposition 7 10* Qnelles sont les conditions voulues par le Code pour la prescription de dix ans par les tiers acquire urs ? 11* Donnea nn expos-S de quelqnes courtes prescriptions 7 Art 2200, etc. 12. Qu’est-ce que la prescription trentenaire ? Art. 2242, etc. 13. Qnelles sont les personnea qni sont con traignables par corps? Art 2272. 14„ Quelles sont les consequences de la rebellion a justice ? 15. Quels eont les precedes a adopter centre un gardien qni ne reprd* sente pas lea effets eonfids a sa garde, 16* Quelle est la difference entre la con train te par corps et le contempt of court dans le droit anglais? N,B.— The first 12 questions are for degree. The whole of the question** for Honour course. 108 McGTLL UNIVERSITY, MONTREAL. Jarultg of 3Caiv- SESSIONAL EXAMINATIONS, I8T2. Monday! March 11th; — 4 to 6; 6 to 7 f.m., for Honours* IN TEEN ATI ON A L LAW AND COMMERCIAL SALE. Second and Third Years, Examiner, William H. Kerb. L What is the meaning of the words il International Law? How and when wits International Law created ? Who are subject to its rules ? Are there any tribunals capable of giving effect to its principles? 2. Who are a Persons’ 1 in international Law? Wuat Is necessary to constitute a person in International Law ? 3. Define me principal rights and duties of States ? A In what consists the right of legation ? What privileges areattached to the person of an ambassador in the country to which he is accredited? What are consuls and what are their duties ? 5, What are the characteristics distinguishing a commercial from a non- commercial sale in England, France, ana Quebec? 6. Under the law ofLower Canada previous to the Code, what were the effects of the contract of sale? Have any changes been effected therein by the Civil Code, if yea, detail the changes so effected 71 What are the chief distinctions between perfect and imperfect sales under our law ? What is the difference between a perfect sale and au executory contract of sale? 8. What species of assent is necessary in order Lo constitute a valid con- tract of sale ? What, difference is there between the French and English Law, when two people bargain face to face for the purchase and sale of an article* quoad assent ? 9. When a person in Montreal offers by letter to sell to a person in Que- bec, say 100 tons of iron, price and terms therein being expressed, when is the contract between them perfect? Has the would-be vendor a right to retract at any time ? When does the right to retract — if it exists at all — expire ? If the letter he sent by post, when is the assent mutual? If it be sent by special agent of the would-be vendor when is the bargain con- cluded ? If the acceptance be delivered to a servant or agent of the party to whom the offer has been made for delivery to the would-be vendor, wheals the contract perfect ? 10. Can things not actually in existence form the subject matter of a con- tract of sale? If a sale of such articles can be made, is such sale perfect or imperfect? Gan a person sell a thing which does not belong to him? What changes in the law, as it existed previous to the Civil Code of Lower Canada, have been effected by Art. 1235 of that Code. 11. What is the effect of war quoad the subjects of the belligerents? What effect has war upon neutrals ? 12. What is the right of blockade ? Under what circumstances does it exist? How is it commenced? How ls it ended? What is the penalty for violation of blockade ? 13. What is the meaning of the words £< Contraband of war?" What articles are contraband? What articles may be declared contraband? What is the penalty attaching to a cargo, of which a portion is contra- band? 14. What is the right of visitation and search? Under what circum- stances can it be exercised ? The first eight questions for the Degree ; the last six for Honors. 156 jah«t mn jTiBHavmu jjiboM .Tiftlg Jot ,mi fimnhmitkx:*. j/.zoffiSra suioH Jir .«** 7 T a fil QT I — *.i U K a’H ,/ f' .HJA UU >JU 1 U » •: 4 T ffLl JfcTOlTAXiJ l> m **7 -xkT uia *.400aB .*po3 II eaujiW«>..- v H ? 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(faculty of £au\ SESSIONAL EXAMINATIONS, 1874. FIRST YEAR. SOMAN LAW. Monday, March 17th:— Afternoon, 4 to 6. Htx&jninaleuTj...,, Pnor, C. A. Geoffkion, B.C.L. 1. Quellea eon ties definitions de Le.c t Senaiui Comuftum y Pfobimium f 2. Quelle? elatent les attributions des Consuls^ des Frtteura, des JSdileg, des Tribuns du Peuule 7 3. Diles par quia 6(6 promulg6 le Corpus jurit Civil de comb 'e a de parties 11 esf compose, et de quellea sources du droit est fomee thaeune des ditea parties? 4. Douuez lea pimdp&les divisions du droit et !a definition de chacune de ces divisions 7 > 5. Qu’entend-on par pe^sonne; donnez lei divisions des personnes d’apres lea Ins Uutes? 6. QueMe eialt Veto mine de la puissance domicirale et de T a puis- sance paieruelle a Home, h qni apparteoaicaL-elks et comment etaleulelles dissouies? 7. Qcelle diflcreuce y avatt il enLre jttstee pupiise et concuhinafva ; eutre leg e n^aats l&ffitimij natural**, et vulgo eonceptif 3. Que fau t- il emend re par maxima, media et minima ccpitix damn 't'io f 9. Dcfitrssez l’ad option, l'ad rogation, V emancipation et donnez-eu les principally efieis? M 4 f 163 Examiner^ FIRST TEAR. LEGAL HISTORY. FrUDAY, MARCH Gth, 1874:— 3 to 6 F.K, f Professor Lafrbnaye, 1 E. La re ah, Lecturer, 1. Nommez ies grandes Grdonnances qut ont ete publlees au XVI giggle dans l’ordre civil, avec la date respective de lour publication, 2. Quellcs aont lei matures princi pales qui a ont traitecs dans ces or don nances ? 3. Quelles scrat lea prineipalea sources da droit canadien ? 4. Quelle est la date de la redaction da la Ooutume de Paris et cells de sa reformation 7 5. A quelle date remonterintrod action de ia Coutunie de Paris en Canada quand a-t-elle ete reform ee dans la colonie et quelle est la date do boh abolition? 6. En combien de litres se divise la Ooutume de Paris ; et enumerez le mati&res qui font l'objet de ecs litres 1 7. A quelle annee remonte la creation da Conseil Supgrieur de Quebec 7 8. Quelle etait la composition du Conseil Superieur de Quebec ; et enume- rez sea principales attributions 7 9. Quelles 6 talent lea attributions et pou voire du Gonverneufi de Hnten- dantj et da Froemreur du Roi sous la domination franqaise. 10. Quels aont lea principally chaugements conatitutionnela oti formes de gonveroemeut qui se sout snecedeB depuis l’6tablissement de la Colonie jusqu f i\ 1759. 11. Enumerez lea differentes formes de gouvernement quiae eont succedees depuis la cession du Canada i V Augleterre jusqu T & 1837. 12. Depuis qu-elle annee avons noua le gouvemement responsable en Canada ? FIRST TEAR, COMMERCIAL LAW. MoHDAY, March 16th- 3 to 6 P,M. Ezmin^ Profesor Wurtile, Q.C., B.C.L OBLIGATIONS. 1. Wbat are tbe principal divisions of contracts? 2. How ia consent manifested ; and what invalidates it ? 164 3. What difference is there between the incapacity resulting from insa- nity and that resulting from interdiction for prodigality ? 4. What obligations can a married woman contract without her hus- band 5 s authorization ? 5. What is understood in our law as the cause of obligations; and what cause or consideration of a contract Is unlawful ? 6. What Is the effect of a contract for the alienation of property ? 7* What contracts can be impeached by creditors ; and in what cases is there a presumption of fraud 7 8. When Is a debtor in default? 9. What is the measure of damages ; and for what damages does a debtor become liable in cases of breach of contract? 10. What is the effect of a resolutive condition? 11* What is the difference between a term and a suspensive condition 7 12, When is the benefit of a term forfeited ? 13, What is the nature of the obligation arming from the common offence of two or more persons ? 14, What exceptions may, and what may not, be pleaded by a joint and several debtor ? 15, What ia the effect of a release granted to one of a number of joint and several debtors. FIRST YEAR. LEGAL LOGIC. Examiner,.** * Profmsoh Gonzalvb Doutbh, D,C.L. L Qu'est-ce que la Logique judlciaire? 2. Qu ] est-ce qu'un argument? 3. Quels sont lea prioclpes dea arguments? 4. Quelle difference faites vous entre un syllogisme et un en thy m time ? \ 5. Qffest-ce qu'une definition? 6. Eu quo! cornua Uj Ftityuiologie et de quel a vantage est-elle en logique ? T. L^intention de la loi peutrelle titre expliqutie d'aprtis Tordre dans lequel diverges choses sont expos ties, si ouj, dites comment vous le demon- trerez en logique ? it >, 165 8 PGuvez-YQus conclude d’uue cliose qui eat dans la loi f 1 exclusion de celles qui n j j soul pas comprises, Demontrez le par un argument? 9. En logique, pourez-Tons d’abord conclure d’un cas k un autre 3en> blable et ensuite raisouner d'un cas au cas contraire? Comment appelerez- yous ces deux genres d'argumeut? 10. Quel cst V argument & fortiori ? 11. Comblen d T objets a F argument ad impassibilif 12. La loi cesse-t-elle d' avoir son effet lorsque le motif de cette loi a cesse ? Demon trez le par un argument. FIRST YEAR. CIVIL CODE. Mzaminatu r f „ I.—-. .„.„Frof. H. F, Bajtouw: 1. Par quelles lols sent r£gis lea biens meubles et immenbles sUn£s en Bas-Can&da? 2. Buivant quelles lois dolvent fitre faits les notes quant k leur forme? 3. Comment s’ncquiert la qualite de sujet britannique? 4. Quels sont les effete de la mort civile ? 0. Quo doit contenir Facte de manage ? 6. Quels sont les eflfets de la reparition de Fable at apr&s le jugemeut d' envoi cn possession prorisoire ? 7. Quel pretre ou ministre est competent k celebrer un mariage ? 8. Pour quelles causes une femme peut-elle demander la separation de corps ? 9. Quelles personnes ne peuvent Gtre tutrices? 10. De quelle marn&re un mineur est-il enmncipe ? SECOND YEAR. ROMAN LAW. iUnCH 17 th : — Afternoon, 3 to 6. Examinateur, Pnop. 0. A. Geoitbios, E.C.L. 1. Quels sont les objets du Droit, et etablisses-les relations qui existent entre ces differents objets au point de vue du Droit ? .. 2 . Quellea sout lea differentes eap£cea de choses, et defrnissez chaqne esp&ce 7 3. Q Ei'est ce que le droit de propri£t&, comment s'acquiert-il sur lea choaes, les diffe rents attribute eu sont-Ils susceptibles de division ? 4. Debnisaez ce quo Ton entend par servitude, et nommez les princi- pales servitudes utbaines et rurales. 5. Qne feut-il entendre par usucapion et prescription ; les deux s'ap- pliquaient-elles aux memos biena? 6. Expliquez les clifFcirentes mani&res de tester reconnuea & Home depuis sa fondation. k Justinien? 7. Queil es o talent les personnes capables de tester? 8. Quelles & talent les dispositions essentielles a lavalidite d’untest-n ment? 9. Qu’est co qu'un testament inutile, rompu et annule (inutile, ruptum et irritum) t 10. Qn'entend-on par testament inoffideux^et par quelle procedure 4iait il mis de cdtb? SECOND YEAR, LEGAL HISTORY. Friday, Mauch dim, 1874 ; — 3 to 6 P.M. Examiner v ..~. { Professor Lafrenaye, E, Laheau, Lecturer. L Comment, sur qui s et k quel titre, la rente viagere pcut-elle etre eons- titnee ? 2. Quels sent les droits et obligations du creancier et du debiteur de 3a rente viag^re ? 3. Qu’est cc que H transaction, et quel est son effet entre les parties ? 4, Qtfest ce que le cautionnement et en combieu d ? especes ae divise t-U ? 6. Dites quels son ties princlpaux effeta du cautionnement outre le crean- cier et la caution, 6, Dites quels sontles principaux effete du cautionnement entre le debi- teur et la caution. 7, Dans quela cas la caution peut-elle ae fairs mdemniser et se faire d6- ebarger de son obligation, tnome avail t d’avoir pay 6 7 m 8, Dites quels sont les effets du cautionnement cntre les cofideju secure 9. Comment seteint le contrat de cautlonnement ? 10, Quelle difference y at-il entre la caution legale etla caution judiciaire. 11, Dans quel cas le gage eat il ad mis & la place de la caution 7 12, Les cautious convent! o mi elles sont ellea contraignableB par corps; Quid, des cautions U gales et judiciaires ? SECOND YEAR, CONSTITUTIONAL LAW. Wednesday, 4th March, 3 to 6 PJL _ , f Professor Carte®, Examiner* — \ Mr. Archibald. 1. What are the different branches of the Legislature under the British Constitution, and explain the principal functions of each. 2. What is the authority of the Crown in regard to calling, adjourning, proroguing and dissolving Parliament? 3. Supposing ministers having the confidence of Parliament should advise measures which, in the opinion of the Crown, would prove disastrous to the country, what course or courses would he open to the Crown to follow ? 4. What are the three great maxims of Parliamentary Government ? and point out briefly the beneficial consequences resulting frqm their operation, 5. What do you understand by privilege of Parliament ? t>. Give a short account of the tom of government among the Saxons. 7. Define Prerogative and Parliamentary Government, and show the main points of difference between them, 8. What is allegiance ? Is it due to the person or to the office of the Sovereign ? and develops an argument in support of your opinion. 9. What is the effect of naturalization in a foreign state, with regard to the tie of allegiance ? SECOND AND THIRD YEARS. COMMERCIAL LAW. Monday, March 16te ; 3 to 6 PAL Examiner * „..Pbgf. Wortblb, Q.O., B.CU* BILLS OF EXCHANGE, l. What bills of exchange and promissory notes are negotiable ; and how- can negotiable paper be transferred ? 2, What is the peculiar characteristic of negotiable paper ; and when docs this characteristic commence to operate and cease? What is an acceptance for honor ; and what is the undertaking, and what are the rights of the acceptor for honor? 4. When is the holder hound to prove consideration? 5. When can the drawer avail himself of the want of protest? PARTNERSHIP* f>. What is the effect of an agreement excluding a partner from participa- tion in the profits ;and of one exempting a partner from liability for losses 7 7. When there is no special agreement, what are the powers of individual partners - and how are third persons affected by their acts? 8. What is an anonymous partnership according to our law, and what is it under the French Code? 9* When can a dissolution be demanded before the expiration of the sti- pulated term? 10, What are the powers and rights of a partner after the dissolution 1 and when are third persons not ajfeoted by it? CORPORATIONS, 11, What is a corporation, and how are they constituted? 12, How are corporations divided j and what are their various kinds 13, How axe the powers of a corporation exercised 7 14, What is the principal privilege of a corporation ? 15, Under what disability do corporations lie with respect to real estate ? SECOND YEAR. MEDICAL JURISPRUDENCE. Examiner^...* Professor Gokzalye Douthe, D.C.L. 1. Eq quoi consistent les questions d'mdentite en medicine legale ? 2. Quelle distinction faiten vous, entre les violences, coups et blessures sur la perse une, quant & la peine 7 3. Qifexige-t^on en Canada pour la conetatatioiLfdes dec&s ? 4. Dans quels caa les exhumations judiciaires ont ellcs lien ? 109 5. Lorsqoe lea circonstances du fait de Paccident n’ont pu £tre deter- mm^ea, comment reglez vous lee questions de suivie en droit civil? 6. Qu’est-ce qai constitute ie viol en droit criminal 7 Quel ftga diovent avoir la vi e time ©t le coiip&ble 7 7. Le Code CiviLadmet-ilcomme motif d’oppositiou son mar iage, d’ autre maladie que la demence ? Indiquez lea, 8. Quels sont les cas de nullitc de manage 7 9. Quels sont les eas de separation de corps 7 10. La capacite de recevoir par donation ou legs eat-elle subordonnie & Fev^nement de la naiasance on de la conception 7 11. Quelle difference faites vous entre Favortement et F infanticide 7 12* Faut il que Tavortement, ait et eu lieu pour que la femme on son com- plice soit coupabler SECOND AND THIRD YEARS* CIVIL CODE, Examiiialeufy . .* ^.* »♦- ,.,Pkof. Rain Thai. 1. Comment des objets mobiliers peuvent-ils devenir immeubles par destination 7 2. A qui appartlennent les isles et atterissements qni se foment dans lea fleuvea ou les rivieres ? 3. Quelles sont les obligations de 1'usufruitier 7 4. Comment s’etemt Uueufmit ? 5. Quelles sont les peraonnes capables de tester ? £. Combien y a-t-il de formes de testament dans notre droit? 7* Quels biens peutnm donner par testament? 8. Le legs d’une chose qui n'appartiendrait pas au testate ur est-il valide ? 9, Comment un testament peut-il &tre revoquA 7 10* Quelle s sont les obligations de Fax ecu teur-tes tame ntaire ? SECOND AND THIRD YEARS. INTERNATIONAL LAW AND COMMERCIAL SALE, „ Wednesday, Mar.ch 11th 3 to 9 P, M. Examiner ^ ♦»*. „ Professor Kerr* 1. Give a definition of the Contract of Sale ? What concurrence of elements is necessary ? What is a Commercial Sale under the Law of Quebec ? 170 2 Give the rules applicable to Commercial Sales of things lost or stolen. 3 What is the difference between the law of England and that of Quebec with reference to an offer to sell, with delay, to the person to whom such offer is made, to accept? 4. When was the Statute of Frauds passed? How was it introduced into this Province ? How and in what manner has it been modified or changed ? 5. State the difference between Acceptance and Receipt under the Statute of Frauds ? 6. What must the memorandum in wri tin g under 1 Art. 1 2M contain? How must it be signed ? When must it be made ? 7. What are the rights, privileges and immunities of Ambassadors 7 What are the rights, duties and privileges of Consuls 7 8. What is the meaning of the word Extradition in International Law, What proceedings are necessary in order to obtain the Extradition of an offender seeking refuge in Canada after his commission of a crime in the United States ? 9. What is the difference between private property on sea and on land belonging to either of the belligerents during war ? 10. What law governs the interpretation of Wills or Contracts 7 11. Can land in the United States be affected by a judgment pronounced in Canada? What is the effect upon land m foreign countries of an assignee being appointed to the bankrupt estate of the owner at the place of his domicile ? 12. What is the lex fori f in what cases is it applicable as a general rule ? THIRD YEAR. ROMAN LAW. March 17th: — 3 to 6 f,m. Js/Xamiuet C. A, Geoffkion, D.C.L. 1, Combi en y a-t-il d’eep&ces d'obligations, et dormer la definition de chacune 7 2* Quelle difference y a-t-il entre l 1 obligati on conjointe et 1 'obligation Bolidaire, lea stipulate dans cos sorbet d’ obligations peuvent-ils s’ohliger h, la memo chose sous des modalites dlfferentes ? 3 . Qu T entend-on par stipulations in utiles, et donnez en quelqucs exempts ? 171 4. Expliquez ce qifil faut entendre par quasi conlrat $i quasi MU et rapportez quelques-nnes des principals dispositions de la loi Aquilia, G. Qu’eet-ceque le mutuum et 1 e eonmodatum * ft qui sont les risquee de la chose dans Fun et Fautre contrat ? 6. Veuillez expliquer ce que Ton entend par mandat, ce que Van pent fairs et ne pent pas faire par mandataire, et on quo! il diffftr© du louage d’ouvrage ? 7, Expliquez en qnoi different la rente et Fdchange et quelleg aont les regies de droit applicables aux deux contrats 7 8* Qifentendez-voiis par lex commissoria on paete commissoire ; avait- il lieu de plein droit on failiait-il une stipulation expresse ? THIRD YEAR. LEGAL HISTORY. Friday, March 6th, 1874: — 3 to 6 p.sr, T Professor Lafthwayh. l E. L are Air, Lecturer. 1 . Dans quel ordre s r etablissent les privileges eur les Liens meubles 7 2. Dans quel ordre s’etabUsseut les creances priviligiuea aur les in* meublea ? 3. Quelle difference etablissez vans entre le privilege et l’bypotheque ; donnez la definition de Fun et de Fautre 7 4. Combkn distingue t-on de sortes d’hypotheque t et donnez la definition de chacime d’elle ? 5. Quand Faction hypothecate est elle adtnise et qnel est son objet 7 6. Quellea sont les exceptions que le tiers d 6 ten tour pout op poser ft eelu qui poursuit hypo the eaireraent ; donnez la definition de ces divers as excep- tions ? 7. Quels sont les droits exempts de la form all t6 de Fenregistrement 7 8. Comment a’eteignent les privileges ot bypot UftquesJ? 9. De combien de manures peut so fair© Fenregistrement d'im ante et determine z en la difference? 10. Quelles sont les causes qui interrompent la prescription ; quellea sont les causes qui snspendent le cours de la prescription 7 172 11. Nominee les courtes prescriptions* 12. Quellcs sout lea personnel coutraignahles par corps, et quellea soul cellos qui ne tombent pas sons le coup de ceite lot 7 THIRD YEAR. CRIMINAL LAW. Wednesday, 4th March, 3 to 6 F* M- f Professor Carter, Examiners -**.......*• j Mr. Archibald. 1. Define a crime. What is a private wrong? State clearly the distinc- tion between the two, 2. Define Statutory Law and Common Law, and show how they har- monize together. 3. Give a short account of the nature and scope of the Peel Acts* Were their provisions enacted in Canada? If so, by what acts and when? 4. Point out in detail the distinctions, as to the criminalty of an act, aris- ing from the age of the person committing it, and the principle of law upon which they are founded. 5. Is a married woman acting in the presence of her husband, responsible for murder, larceny, keeping a house of prostitution? and give in each case the reasons of your opinion. 6. What degree oflunacy will exempt a man from responsibility for his acts ? and lay down a rule governing the case* 7. Define u A principal in the first degree,” “ A principal in the second degree,” u An accessory before tbe fact, 11 and “ An accessory after the fact. 8. Define the crime of counterfeiting, and to what extent must the coun- terfeit coin resemble current coin to constitute the offence ? 9. Define Piracy, and mention the principal acts which constitute that offence. 10. Define Murder, Manslaughter, Burglary, Arson, Larceny, Embezzle- ment, and Obtaining under False Pretences. 11. What is the nature and intent of punishments? and dlacnftfl shortly the question as to the right of the legislature to inflict capital punishment* 12. What is meant by Benefit of Clergy. How did it originate, and when was it abolished ? 173 13. What was the original meaning of the word felony, and state how that signification has been changed, and point out an important change in procedure, resulting from such change. 14. Arc there any circumstances in which intoxication may be pleaded in palliation of an offence? If so, what are they ? lo. What is a libel? What acts will amount to a publication? Can the Defendant plead the truth of the publication ? and give reasons for your opinion. Is there any difference between the civil and criminal action in relation to this matter ? and give reasons For such difference. * The first ten questions are for the ordinary examination, the whole paper for the medal. THIRD YEAR. CIYIL PROCEDURE. Monday, March 9th 3 to 6 f.m. Examiner^ Profess os Gonzalvr Dohteb, D.C.L. 4 1. QtfesUce qu*uu desistement et quand Femployez vons ? 2. Quand le delaisscment pent-il avoir lieu en justice? 3. Quelle difference faites vous entre un Bref de Mandamus et un Bref de Quo Warranto, 4. Quells est la procedure pour obtenir un jugement final de separation des biens ? 5. Quelle est la difference entre un jugement de ratification de litre et un d£eret du Sharif? 6. Qu’est-co quo la ventilation ? 7. Qu’est-ce qnune action en homage et que fant-il faire pour que lea freis d J action soient a la charge du defends ur ? 6, Combien d’encMrea anx ventes ou Imitations judiciairea ? 9, Comment proc&dez vous an partage et Hesitation de3 biens en common? 10. Quelle difference existe-t-il entre le texte anglais et le lex to fran^ais dans le Code de Procedure an sujet des poursuites entre locate ura et loca- taires? 11. Quand Favocat dolt41 ctre muni d’uue procuration spfccMe pour procoder? 12, Si le notaire refuse de depoaer en, Cour Facte impugns do faux comment Fy contraindrez-vous ? 174 EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL. Tuesday, March, 17th 6 to 7 p.bi. Mxfimner,.,,,., .Frofesseuk C. A. Geoffrion, B.C.L. 1. Expos ez en pcnde mots le Droit des Douze Tables conccrpant la puissance paternelle. les Testaments et leg Successions legitimes, avec lea modifications graduelles que leur ont fait subir la civilisation et le developpement de la science legale ? 2. Quefaut-il entendre par agnati et cognate, jmi& nujtfix et concu* binatuSj adoptiOj adrogatio et evnancipdtio f 3. Qu T 6tait-ce que le domaine quiritaire ; quelle espece de biens en fctaient suaceptibtes, ces biens Gtaieut-ils regia par d’autres regies quo le reste des biens des citoyens Remains? 4. Quelled etaient les differentes especes de tutelles et dans quels cas chacunes aYaient-elles lieu 7 5. Resumes le droit des Successions ab intestate et coinparez-le avec le Droit Canadien en indiquant les dispositions analogues dans eliaque droit ? EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL. COMMERCIAL LAW. Monday, March 16th i— 6 to 7 P.M. Exaniiner, , Prop. Wurtele, Q.C., B.C.L. L What is the liability and what are the rights of a debtor consenting to be delegated 7 2. What is the rule of imputation with respect to payments made to a partner by a person who is a debtor of both the partner and the firm ? 3. What is the power of amotion ; and for what causes and bow can it be exercised? 4. What are the rights of the holder of a dishonored cheque ? 5. How is the sale and transfer of a ship made and perfected 7 6. What are the rights of the master in default of payment of his freight? EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL. Wednesday, March 11th s— < 3 to 6 PAL toiner Professor Kerr. 1. Give a definition of Private International Law. 175 2. What is the reason inducing Courts Inone country adjudicating upon contracts made and to be performed in another to take into consideration the Law of that other country ? 3 What is the Right of Jurisdiction of a State ; to what objects does it ex- tend, and over what individuals have its laws power ? 4 , What is the theory recognized with respect to the public and private ships of the State on the ocean, or in a foreign port ? 5, In sales by brokers what constitutes the Memorandum in writing? Who signs such Memorandum? Can there in such sale be such a variance in what constitutes the Memorandum as to destroy its effect 6, What is the Vendor's Lien? When does it exist? When is it extin- guished ? « 153 3, Compare the respective merits of the Dial and the Theodolite, as underground surveying instruments, , 4. In how many ways can the underground be connected with the sur- face Survey? 5* Exhibit a form of note 'book suitable for underground work. 6. Illustrate, by means of an iso metrical view on a scale of V^- in. to a foot, the “Post and Stall v method of working a coal mine. 154 FACULTY OF LA W FIRST YEAR COMMERCIAL LAW. Examiner,, Professor W Uriels, Q.C., RC.L* OBLIGATIONS, L What are the essentials of an obligation 7 2* What persons are incapable of contracting? 3. Explain the difference between the incapacity of married women and that of minors ? 4. What is fraud ? and when is it a cause of nullity ? i 5. From what contracts is a minor who has attained the age of discern- . mcnt not relievable? 6. What is the effect of a contract for the purchase of a thing which is indeterminate? 7. What obligation rests upon him who uuduly receives anything \ and explain the difference in his liability when he was in good faith and when he was in bad Faith? 8. To what does a breach of obligation render the debtor liable ; and in such case what are the rights of the creditor ? 9. To what damages is a debtor liable j and what is the effect of a certain sum being stipulated for damages in a contract? 10. What is a term ; and when does a debtor lose its benefit? 1. Quand la profession d'a vocal a-t-elle ete intro duke en Canada ? 2. Comment les parties comparaissaient-elles devam les tribunaux sons la domination iran^alge ? 3. Quand les notaires ont-il commence & pratiquer leur profession dans cette Colonic? FIRST YEAR, CIVIL PROCEDURE. Examiner,, Professor DnttTKEj D.C,L, 155 4, Quels etaient leg divers tribunal en existence sous la domination 5ra n^aise taut au Civil qu'&u Criminal ? 5, La haute, moyenne et baaae justices ont-elles etc adminiatreea s6p&- rement par lea seigneurs sous la domination fran^alse, et indiquez en quo! ltur$ attributions coDsiataicnt ? 6, Indiquez depuis quant et comment la profession d'avocat a’est cons- titute en corporation 7 7, La profession d'avocat a-t-elle des regies particular res pour ce qui se rapporte A sea devoirs, si oui f indiquez-en les sujeta prindpaux 7 8h Veuillez indiquer par leurs noms settlement les divers tribunaux en existence sous le Code de Procedure 7 9, Quel les sont les attributions d’un Commissaire de la Cour Superieure et comment le noramea-voue? 10. Devant quel tribunal assignez-vous un defendeur ? FIRST YEAR. CIVIL LAW, Examiner. ,***Frgfessor Rainvilue. 1. Qui eat sujet britanniqne ? 2. Quels sont les effets de la mort civile ? 3. Que doit contenir Facte de celebration de manage ? 4. On est le domicile du mmeur 7 Ou cat celui de la femme tnarice 7 5. Quelles personnes peuvent deraander l'envoi on possession provisoire des biens d ? uu absent? Quant et devaot quel tribunal? 6. Le conjoint de Fabsent peut-il ae remarier s’ 11 s eat ecoule cent ans depuis la naissance de ce dernier? 7. Dans quels cas la femme tnariee peut-clle agir sans Fassistance ou Fautorisatiou de son marl 8. Q tidies sont les causes qui donnent droit A la separation de corpa 7 FIRST YEAR, LEGAL HISTORY. Ezamimr. „ Mr, Lareau. i 1. A quelle anuee date Hotrod action du droit fran^aip, ou de la Cootume de Paris, dans le Canada* 2, Quelles sont les sources principals du droit canaden. 156 3* Qu’eutendez-vous par edit, declaration et ordonnance dea rois de France* 4. Noramez les grander ordonnances qui out ete publiees au XlVe aieele, arec la date respective de letir publication. 5* Quel eat Fobjet de Tordonnance de 1667, et k quelle date se rapport© son enregistrement an Cons©!! Superleur de Quebec. 6. Teuiliez decrire lea principal^ rouages du ays tame judtetaire sous la domination fran^aiae. 7, A quelle annfie remonte 1'acte de Quebec, et ©numerez lea principals dispositions de cette loi et celtes de 1‘acte constitutionnel de 1T3L 5. Enum£rez leg principales questions qui ont Me debattues dans Fancier! Parlement de Quebec (17&1-1840), ©t dang I© Farlement-Uni (1840-1867)* to 9 - Quels sont les principaux ebangements constitutionnela on formes de gouveruement qui sc sont succMes depuia l’etablisaement de la colouie jusqu’a 1759. 10. Enumerez les difFerentes formes do gouvemement qui ae sont succ5- dfees depuis 1859 jusqu’i 1867. lh Dites ce qu© vous connaissez de VEpraU des Messieurs. 12. Comment s’ e tabl it 1© chiffr© de la representation en vertu de Facte constitutionnel de 1867, et comment s'oper© la reduction et I 1 augmentation de la deputation dans ebaqu© province de la Puissance du Canada. FIRST YEAR. ROMAN LAW. Examiner,, „„ . **..C. A. Gboffrion, R.G.L. 1 - Nommez les principauz juri aeons u lies Roms ins avant Justin ten, ainsi que quelques-uns de leurs ouvrages qui nous sont parvenus. 2. Donnez en pen de mots 1'hktorique du Corpus juris Civ tits ainsi que «es princtpales divisions. 3, Fzpliquez la difference entr© pUbiscitumj eenatus-consultum, et lex. 4* Definissez le droit nature!, le droit des gens et 1© droit civil, telaqu’ez- pliques dans les Institutes. 6. Que faut-il entendre par personne ; tous les bommes aont-ils des per- sonnel ? 6. Quel lea aont les personnes qui dependent d’ el les -monies ou d'autrui j sui vel aUeni juris f 7. Pouvait-on eontracter mariage de differentes mauitres & Rome ; defi- nissez chacune de ces manures et leurs effeta civil© ? 157 8. Que fauUil entendre par adoption et adrogation ; quelle etait la diffe- rence entre ceg deux modes d‘acqu£rir la puissance paternelle ? 9 . Qu'etaient les apnati et les copnatif 10 . Combien y avait-il d-especes de tutelles a Rome ; expliquer la nature cbacune en pen de mots ? SECOND YEAR. ROMAN LAW. Examiner.. ... -0. A. GxOFBTOW, B. 0. L. 1. Qu ? entendez-vous par choses communes, publiques, qui n'appartieunent it personae (tes nuihm ) ? 2. Cites qnelques modes d f acqu£rir par accession. 3. De combien d'attributa se compose le droit de propriety ; peuvent-ils ex is ter separement en faveur dc differentes personnes ? 4. Qa f est-ce que les servitudes ; en combien de classes se diviseut-ellea ? 5. Quelle difference etablisses^vous entre le droit d’usage et Tusufruit ? 6. Definissez les choses mancipi et nec marmpi ; & quell es de ces cboses s’appliquaient TneucapiDn et la prescription ? 1, Eipliquez les fomalites e&sentielles an testament tripartite ? 8» Qn’etait-ce que la querela inofficiQ&i testamenti et quand avaifelle lieu? 9. Que faut il entendre par faction active et faction passive de testa- ment? SECOND YEAR. CONSTITUTIONAL LAW AND HISTORY, Examiner^.,, ........ *..... Mb. Archibald. }* is allegiance due to the person or to the office of the Sovereign, and give reasons and authorities for your opinion ? 2; Can a British subject abandon bis status as such ? If so 3 how 1 State the changes in the law, in this respect, since the Code. x>. Give an outline ot the form of government among the early Saxon?, and of the functions and powers of the Wittanageunt. 4. Give a descriptive statement of responsible government, pointing out the principal points of difference between it and prerogative government ? 158 5. About, what date was the necessity of unanimity in the Cabinet recog- nised, and point out some of the results to which this principle leads? 6. What is the earliest trace of popular election of representatives to serve in Parliament, and when did such election become a fixed principle of the Constitution ? 7. What id the measure of responsibility, if any exist, of one cabinet minister for the acts of another : 1, under prerogative government ; 2, under responsible government ? 8. What are the principal prerogatives of the Sovereign under our form of government ? 9. What is the relation of our Federal and Local Parliaments to each other with regard to legislation? 10. Are our Courts of Justice bound by every Act not repealed or disal- lowed which maybe passed either by the Local or Dominion Parliaments? and point out distinctions if any exist, 11. Give a short resume of the procedure in Parliament upon a contested Private Bill. SECOND AND THIRD YEARS. COMMERCIAL LAW. Examiner i Professor Wort ele, Q.C,, B.C.L, MERCHANT SHIPPING. L Give the principal Statutes regulating this subject? 2. How is a British ship divided, and how can it be owned ? 3* How is a British ship registered ? 4. What are the privileges of a British ship ? 5. What is the liability of owners, and what statutory limitation exists in their favor 6. In cases of collision, by whom and bow is the loss borne ? 7* When can the master bind the owner : when does he incur personal liability ; and when can he sell the cargo and even the ship ? 8. What is a charter party? 9. What right and privilege has the master when the freight is not paid ? 10. To what does a consignee subject himself towards the master when he receives goods conveyed ? 159 SECOND AND THIRD YEARS. INTIRNaTIQNAL LAW AND INSURANCE Examiner . ...... - ....... . >PftOFEaS0B K err. ], What is general average ? What is the difference between general and particular average? 2. When does a general average eontributien arise ? Who are the parties liable therefor ? 3. What is jettison ? To what rights does jettison give rise ? 4. In life Insurance what species of interest, if any, is required to exist in favor of the insured ? 5. Can a creditor insure the life of his debtor ? if so ; state under what circumstances, and in the event of payment by the debtor of the debt in question, does the insurance remain valid 7 6. What is the difference between a warranty and a representation in insu- rance policies ? 7. Where there are three different policies of Marine insurance in exis- tence on the same object the first of which fully covers the value of the article insured, what becomes of the other two policies, are they liable to contribute or not ? S. What is abandonment? How is it effected? What effect does It pro- duce 7 9. In a policy of fire insurance, can the insured generally declare merely that he is interested in the object insured, or must he specify his inte- rest? 10. Does the value for which the goods are insured under a policy of fire insurance prove conclusively that value, if nay, state what should be done by the insured under the circa instances ? U. What is the difference between bottomry and respondentia? 12, What is the main condition upon which bottomry bonds are entitled to payment in preference to other securities, held by other creditors ? If there be three bottomry bonds validly granted on the same vessel which of the three is entitled to payment in the first instance ? 160 SECOND AND THIRD YEARS. CIVIL PROCEDURE. Examiner Fhofessor DotrrRE. 1. Veuillez indiquer la juridiction des tribunaux en existence dans la Province de Quebec 7 2. Quels sont les jours on vous pouvex on vous ne p on vex pas proceder devant lea tribun&ux on pin tot qu'entendcz-vons par jo era furies et jours non ferns ? 3. Qu ? est-ce que pro coder in formal pauperis ? 4. Indiquez les regies du Code de Procedure relativenjent h ce qui est requis poor assignor le on les defenders, quant & la signification du Bref? 5. QiFest-ee que Election de domicile relati Yemeni & la pariie assignee et an procureur ? 6. Combien deceptions preliminaires, et en quoi consistent-elles ? 7. Combien de faux, et indiquez la procedure dans chacuti ? S, Combien y a-t-il de modes d’EnquSte ? 9. Dans quel c&s le proc&s par jury a-t-il lieu ? SECOND AND THIRD YEARS. CIVIL LAW. Examiner ...Mb. L AREir, 1. Dans quel or die s’etablissent les privileges sur les biens meablea et eur Jes biens immeubles. 2. Quell es sont lea exceptions que le tiers-detenteur pent oppose r a celui qni poursuit hypotbecairement ; donnez la definition de ces demieres ex- ceptions, 3. Qu’cst-ce qne lhypotheque, en combien d’especes se divise-t-elle, et donnez la definition de chacune d’elle. 4. Quels sont lea principaux efTets de Faction hypothecate. 5. Comment s’&tdgnent lea privileges et hypotfitqnes. 6. QiFest-ce que la prescription et qu s entendez-vous par prescription ae- quisitoire et prescription liberate ire. 7. Comment se regie la prescription en fait d'immeubles et en matiere de biens mcnbles. S. Qu'est-ce que la possession et dans quelle condition peut-elle servir de bfiae it la prescription. 161 9. Quelleg sont lea causes legales qni empechent la prescription. . ( 10 - Q“;“tendez-v 0 «, par interversion de litre, et dans quels cas cetta mtervereion peut-elie Crete une possession utile a la prescription. H. Quelles sont lea choses Imprescriptibles de leur nature. ^12. Queues sont tea causes qui interrompent ou suspendent la preacrip. THIRD year, roman law. Examiner i: 0. A, Geoffhion, E.0,JLe 1. EipliqHez I'ordre et It systems des successions legitimes k Rome ■ le mode de compter les degrea de parente, et dites si ce mode differs d. celni conaacre par notre Code Civil, c '°“ bieE d * dn99es itaient divieles les personnes; i qui d onnait . «r“. Ite r r UD °“ r4tear Ct ,U9lle 4tai ‘ la iatie d * la ,uldi * ou fla la 3. Quelle etait 1’etendue de la puissance paternelle, par qui et sur qui b exerqait-eile et comment etaiteelle dissoute ? 4 rL** ?l 0it ; de > r° V ? lM »’ e “ r 9» i t-it toujours de la meme mautere k Rome y a™t-il des choses qui etaiont susceptibles d’un domains particu- Iier et quelle etait la maniere d’acquerir et d'aliener ces dernteres/ 5. En oombien d’epoques differeuies I’histoire du Droit Romaia peut-elle ^ oq d ™ er ! donaez les prirrcipales sources du droit i ehacune de css third year. CIVIL LAW. Examiner.. — Professor Kaivvillb, 1. Quand commence la communaute de biena entre cpoui ? 2. Lea meublea tombent-ils dans la communaute ? Quid, d’une creauce alternative ? 3. Quand le rerapioi, eat-il parfait & 1’egard de la femme ? 4. Centre qui et contre quels biena les creanciers de la femme, anterieurs au manage, ont*ils recours ? eW$di ^J hUeati003 * fefflme Sipar “ de bi «* V-mt «« 6. Quels sont les droits de la femme qui renoace a la communautc ? M 162 7 Quelle eat la differen t eniie U Eviration de biens et rexcltuion de comm u mttite 7 3. La femme peuWlfc s’obliger pour son m iri? quels scat ses droit; si rile execute sun obligation, v. g. si elle pave ? THIRD YEAR. CRIMINAL LAW. Examiner t ... ] . Define a crime. MR, AaCHlBALB* In what aspect does it differ from a private wrong? 2 , Classify crimes, and give a description of each class. 3, Give a minute definition of the term malice as used in criminal law, 4 Give a statement of the law in cases where an act in itself criminal ia committed by a person labouring under some defect of will* pointing out the different classes of such cases. 5 What degree of insanity will exempt from criminal responsibility ? and lay down a rule to govern such cases. 6. What is an accessory before the fact? What is an accessory after the fact? 7. Are there any crimes in the commission of which there can be no accessories 7 and if so, state your reasons. 8. Point out the distinction between murder and manslaughter. On a trial for murder, what pleas may be urged to reduce the crime to manslaughter 7 9. What are the priuei pal special pleas by which an indictment may be met f and under what circumstances may each be pleaded? 10. What is a challenge to the array, and for what causes may it be sus- tained? 1L How many peremptory challenges are allowed to the Crown and the prisoner, respectively, in a trial for murder ? How many in a trial for obtaining goods under false pretences ? 12. What is understood by the right of the Crown to order jurors to stand aside ? Has the private prosecutor this right in all cases ? If not, mention any exceptions that may occur to you, 13. What are the duties of a justice of the peace in relation to indictable offences ? 14. Are there any crimes for which bail cannot be accepted ? State the different methods of obtaining bail in different cases. 1R3 ra ent ?' hal ^ ° f a “ raUd j ’" y w:tl1 reference t0 ^ bi» of indict- thl ilf ‘ 10 qUe3ti ° nS f ° r ° rdiEary Nation, the whole paper f or EXAMINATION FOR THE ELIZABETH TORRANCE GOLD MEDAL. COMMERCIAL LAW, Examiner^ Professor Wubtrle, Q.C., B,C.L, ^ When must a divisible obligation be performed as if it were iadirisi- 2. How are partners liable towards third persons? 3. What are the principal privileges and disabilities of corporations ? oftilS n t« g m V ~ * *<“* — «* the' mortgagee ? * **** UP ° D " ahip ' ttnd what the rights of «lrTemtr a L™ilyf 01 ’ and Wh8t " tbE * ffeCt of itB **“•** 164 FACULTY OF MEDICINE. M.D., C.M., PRIMARY EXAMINATION'. elemextary botaky. Saturday, December 12th :-Momisg. 9 to 12. 3. W. Dawson, LL.D., F.R.S. Examiner 1. Describe an ordinary parenchymatous cell and the mode of thicken- ing of the cell-wall* 2. Mention the substances found in the cell-sap ° f Plant S -(l) * So- lution, (2) in the solid State ; and state which are most important to the plant, and why ? 3. Name the kinds of vascular tissue, and describe one of them. 4. Explain the division of plants into Cormophytes and Tballopbytes ; Phsenogama and Cryptogams. 5. Explain the structure and functions of the Leaf. 6. Describe the Exogenous stem, and state how it differs frem the Endogenous and Acrogenous. 7 . Explain Phyllotaxis, and state it3 principal kinds. 8. Explain the sources of the food of plants, with special reference to their organic part. 9. State the more important relations of the plant to the soil, with reference to inorganic matters- 10. Explain any two of the following terms :-(a) Parasite, (bl Osmose, (c) Stolon, (d) Liber, (e) Pbyllodia. BOTANY. Saturday, March 6th Morning, 9 to 1. Examiner, *■ W - Daws<1 *> LL * D '* 1. What are Cellular Structures as distinguished from Vascular? Give examples. 2 r Describe Prosencbymatoue Tissue, with examples, and state its mode of foimation. 3, Describe the structures in the blade of the leaf. 4. Explain the relations of Carbonic Acid and Ammonia to the nutrition of the plant 175 METEREOLOGY. MobdaTj April L7tu Morning, 10 to 12, JSwMiMr, ........ * C, H. McLeod, Bad. App,Sc. L Explain the construction of an ordinary min gauge and howit is used. 3. Explain the construction of the barometer, and state the corrections which are necessary in order that observations made at different stations may be intercom parable, (a) How is this instrument used in the measurement uf heights? 3. How would you graduate a thermometer, and wbat precaution is neces- sary in order that the same volume of mercury may at all temperatures re- present an equal number of degrees ? 4. Define u dewpoint. 1 ’ (a) How can this bo determined ? ( b ) Explain the construction of an instrument used for measuring the amount of moisture in the air. 5. How is dew formed ? e. Why doe a the barometer fall under a cloud ? 7, Describe a recording anemograph. B. The temperature of the air is 42 6 and that of the wet bulb thermome- erfifrom Guyot’s tables the corresponding pressure of aqdtuos u 38 .n5; vapour and relative humidity. % 176 FACULTY OF LAW. FIRST YEAR. COMMERCIAL LAW. Examiner .. Professor W or tele, Q.CL, B.C.L. OBLIGATIONS. What conditions are requisite in all cases for the validity oi a con* tract and of the obligations arising from it? 2. Give the principal divisions of contracts. 3. What persons are legally incapable of contracting? 4. What is fraud, and when Is it a cause of nullity? 5* When is error a cause of nullity ? 6. Who may Impeach contracts alleged to be fraudulent ; and within what time must it be done ? 7. What is the effect of a contract for the alienation of property? 8. When can a party stipulate for the benefit of a third person, and when does such stipulation become irrevocable ? 9. On whom lies the burden of proof in an action to recover a payment alleged to have been made through error ? 10. What is the measure of damages,— first, in obligations where the ol^ ject is not a sum of money ; and secondly, in obligations where the object is a sum of money ? FIRST YEAR. CIVIL LAW. Examiner ,^ * ■■•—**■*.« - . . .... * Professor Rainvillb. L Par quelle loi sont regis ies biens-meubles ? 2. Par quelle loi sont regia lea actes ? 3. Quels sont lei eftets de la mort civile? 4. Oil doit etre celeb re le manage ? Que doit conte nir Pacts de manage ? 5. Uh est le domicile du m Incur ? 6. Quels sont lea droits de Pabsent qui reparait 1. contre l [ envoy6 en possession ; et 2. contre les tiers qui out contract! avec reuvoye en posses aioo ? 177 FIRST YEAR. ROMAN LAW. Mxaminsr^ ......... Professor Tbesholme, M.A., B.C.L. 1. What arc some of the things that give importance to the study of Roman law, and render it properly a part of a university course in law ? 2. What are the chief matters treated of in the history of Roman law? 3. En combien de periodes divise-t-on Pbistoire du Droit Remain ; expliquez les tvenetnents polltiqnes et constiiuilonnels qul distingnent ces diverges periodes? 4. Give some account of the great Roman magistracies, the time and mode of their origin, and particularly of the PraetorsMp. 5. Quelles ont etc les prmeipales sources du droit depuis les XXII. Tables jusqu’ii Justinien, et definiagez ce qu ? il faut entendre paries sources du droit que vous avez a fcuimer ? Quelles £tai£ut lesj&ygs mterim f 6. Give some account of the mode of Government and administration of Justice in the Roman Provinces in the time of Cicero; and state by what means chiefly did Roman jurisprudence become assimilated throughout the Empire ? 7. What are the great agencies in the amelioration of law ? give some account of their operation in Roman Law, and state the periods at which they respectively acted thereon. 8. Paites rhistorlque dea differentes tentatives de codifier les lois romaines. Quels scat les principaux caraet&re3 distjhclifs des differentes parties du Corpus Juris CiyiUs ? # 9. Give as full an account as yon can of the influence of Greek Philoso- phy on Roman Law T and of the time and mode of that influence. 10. What were some of the causes of the superiority of Roman Law 7 11. What was iho nature and what the causes of the change in the Roman Constitution known as the Servian Constitution, and what means have we of forming any judgment in this matter? 12. Give some account of the principal Schools of Law.J 13. What are the great natural family relations, and what their artificial extensions in Roman Law, and in Modem Law? N.B. — The first 9 questions are for the ordinary examination Tall for honors. 178 FIRST YEAR, LEGAL HISTORY, Examiner^ -**•* M. L are At;. 1. Quelles sont les prmcipaleg sources du droit Canadian ? 2. Comment se composait le droit comrnun de la France avant I68$f 3. Quelles sont les principales ord on nances des Rois de France emauees an XVI. siecle, et enoncez les principales dispositions quelles renferment ? 4. A quelle date remonte la creation du Conseil Snpcrieur de Quebec ; diles ee que vous savez de sa composition, de sea pouvoirs, privileges et attributions, et des modifications apport6es par la suite k sa composition ? 5. Hites ceqae vous savez de Forganisation judicial re sous la domination franqaiae 7 6. Itapportaz les principaux evenements diplomatique^, administratifs et judiciaires qui se sent passes dans la colonie, on relativement k la colonie, k partir de 1760 jusqu’b 1 764. 7. Quelle est la fame de gouve mem ent qui regit le Canada de 1 7i>4 a 1774. 8. Quels sont les dmngements que l’acte de Quebec de 1774 apporta dans Fad ministration dn Canada, et quelle est la forme de gouvernemm quiprevalut dans la colonie de 1774 k 1791. 9. Quelles sont les principals clauses de Facte const itutionnel de 1791 et veniilez mentionner l'objet des luttes parlementaires les plus importantes k partir de 1791 jusqu’A 1849. 10. Quelles sont les principales clauses de Facte d’Union et veuillez mentionner F object de luttes parlemeutalres les plus importantes a partir do 1840 juaqtfi 1867, FIRST AMD SECOND YEARS. LEGAL HISTORY, Examiner LjjtEAU, 1, De quo! se compose Fensemble de la bibliographic du droit Canadian, 2, Quelles sont les gran des fscolea dn droit fmn^ais et enumerez lee norns de leurs principaux chefs 7 3, Quels sont les droits et obligations du locateur. 4, Quels sont les droits et obligations du locataire. 5, Quelles sont les responsabilites du voiturier par terra et par eau, 6, Quels sont les effete du contrat de rente viagere. 7, Mentionner les etfets du cautionnement entre le ereancier et la caution ? 8, Mention nez les efFeta du cautionnemententra le deblteuretla caution- 9, Mention nez les effets du. cautionnement entre les cofidejuaseurg. 10, Quels sont les droits du creancier gagiste. SECOND YEAR. CONSTITUTIONAL LAW. Mxamnsr y ,„ ....... .. . Ms, Archibald. 1. What are the main differences between prerogative and responsible government? 2. Give an account of the growth of the principle of popular represen- tation in the House of Commons with dates. 3. What were the principal powers and functions of the Saxon Witten- agemot ? 4. What was the mode of accession of the Saxon Kings and the powers of the Witte nagemot with regard to them ? 5* At what time did Unanimity in the Cabinet become a fixed principle of the Constitution, and give the names of the principle statesmen instru- mental in establishing it ? 6. Give an account of the principal events which led to the Confedera- tion of the Provinces constituting the Dominion. 7. What are the principal legislative powers of the Federal Parliament ? 8. What are the principle legislative powers granted exclusively to the Local Parliament of the Province of Quebec ? 9. What are the functions of the Federal and Local Legislatures respec- tively with regard to the Constitution of the Courts, the appointment and payment of the judges and the establishment of rules of Procedure ? 10. What are the respective powers of the Local and Federal Legisla- tures with relation to education. SECOND AND THIRD YEARS. CIVIL LAW. Examiner , ***** Professor Raisviwb. 1. Ous’ouvre une succession ? 2. Quelles soul les quail tes requires pour succeder ? 3. Dans quels cas la representation a-t-elle lien en ligae direct® ? 4. Dans quels cas les neveux et nieces vlennent-ils par representation a la succession de leur ancle ? 5. Dans quels cas les creanciers d'un heritier peuvent-ils faire res cinder sa renonciation d’une succession ? quel est reflet de Pannutation de cet;e renonciation 7 180 €. Quel eat 1'effet de Facceptatioa d’une succession sous benefice d'inveij- taire ? 7. S’il y a plusieurs heritiers et plusieurs legataires umversels comment contribuent-ila au payment dee dettes de la succession ? 8. Quelle sont lea effets du part age entre co-hdritier 7 SECOND AND THIRD YEARS. INTERNATIONAL LAW AND COMMERCIAL SALES, Examiner*,* .. .Processor Kerr. 1. What elements must concur in order to constitute a valid sale? 2. Into what classes are commercial sales divided ? Give examples of each class. 3. What is the general rule as to the species of evidence required to prove the existence of a con tract for the sale of goods* wares, and merchan- dise ? What is the exception to that rule 7 By what provision of law is it made 7 4. What is a warranty ? What is the difference between express and implied warranties ? 5. What difference is there between a condition and a warranty ? 6. What is a vendors lien? In what cases does it exist ? Bow is i lost ? 7. What is stoppage in transitu? How is that right exercised and when does it cease to exist? 8. If the vendor neglects to perform his part under an executory con- tract of sale, what course should the vendee pursue to enable him to recover damages for such breach of contract ? If the vendee neglects to perform his part under a like contract, what should the vendor do to enable him to recover damages 7 10. If fraud has been practised by the vendor, is the contract void or voidable ? 11. What constitutes a reservation of the jut di&ponendi ? What e fleet hsa such reservation ? 12. Can articles stolen or lost, purchased in good faith, be retained by the vendee? Explain the law on this subject. 181 SCOND AND THIRD YEARS. CIVIL PROCEDURE. Examiners. PaOFESBOtt DOUTIJE, D.C.L. M. Hutchinson, B.Q. L, 1. Can the Court or Judge on being satisfied by affidavit that a party has a good cause of action, grant leave to proceed in Jorrna pauperis in every case? If not, in what case is the Court or Judge unable to do so? 2. How many kinds of preliminary exceptions are there ? Give the nature of each, and state when they can be pleaded ? 3. What is a demurrer and when can it be pleaded by the Plaintiff and Defend ant res pe c tively ? 4. In the case of a Defendant being sued on a promissory note, the signature to which has been forged, can he throw the burden of proof of the genuineness of the note on the Plaintiff? If so, how and when is it done? 5. How may the taxation of a witness be enforced, and against whom ? 6. Under what circumstances can a commimm royataire be issued, and how are the Commissioners chosen when both parties join in the commis- sion, 7. In what actions may a trial by jury he had, and at what stage of the case must the motion for such a trial be made ? 8. How many names of jurors are submitted by the Prothonotary from which to strike the panel? Howls the panel struck? How many jurors arc summoned to try the cause ? How many are chosen 7 And how many are sufficient to carry a verdict? 9. When and before what Court can the party in whose favor a verdict has been rendered move for judgment on the same ? 1ft, By what means can a motion for judgment on the verdict be opposed ? 11. How is the continuance of a suit effected when one of the parties has lost the quality under which he was acting ? 12, When and how does peremption of a suit take place? and what It the effect of it on the right of action ? N 182 SECOND AND THIRD YEARS. COMMERCIAL LAW. Examiner y , .Professor Wurtele, Q.C., B.C.L. PARTNERSHIP. 1 . What conditions are essential in a Contract of Partnership ? 3, How do partners share when there is no agreement about the division of profits and losses ? 3. How are partners liable for the obligations of the partnership T 4. Give the different kinds into which partnerships are divided and sub- divided. 5. How and when can a partnership not limited as to duration be dis„ solved ? CORPORATIONS. 6. Give the definition of a Corporation. 7. Give the divisions of Corporations. 8. How are Corporations created? a What are the ordinary incidents of Corporations ? 10. What are the ordinary disabilities of Corporations j and to what extent hag the law prohibiting the acquisition of real estate by Corpor- ations without the permission of the Crown, been amended with respect to Trading Companies? THIRD YEAR- ROMAN LAW. Examiner ..Professor T rex holme. L What are primary and what are sanctioning rights 7 Point out the difference fully between jura in rem and jura in personam, and the subjects to the Institutes comprehended under each* 2 . Give some account of the early history of the law of property and of the Agencies that tended to its amelioration. 3. What were the different kinds of Testamenta in Homan Law, the re- quirements of each, and the periods they were in use respectively ? 4. How many kinds of Wills in our law, and what is the origin of each ? 5. What was the law of abintestate succession under the old civil law of the Romans, and what were some of the changes it underwent in the hands of the Prmtor, And of Justinian respectively ? 183 6. Define evidence : what are its different kinds, and some of the leading rules governing its adduction. What were the different kinds of written evidence known to the Homan Law ; and what in oar law? and point out differences as to manner of proof or disproof, 7, Give some account with dates of the limitations put on parol evidence and state fully what may and what thirgs may not be proved by parol under onr law. 8 t What was the law of evidence in this Province at the time of the Cession, and give an historic sketch of the changed therein since, men- tioning dates and statutes. Is any part of the Statute of Frauds law with ns and if so* how was it introduced ? d. Give some account of the different epochs in the growth of Law, the nature of Law in each* and the importance of early codes ? Describe the great agencies in the amelioration of L a w«- particularly of Homan Law. 10. What was the jus gentium of earlier and later Homan Law* how was it formed,, and point out some of its influence on Homan jurisprudence and in modern times ? 11. Give an historic account of the development of the law of contract, and describe, in order of time, the different contractus nominati. What are the contractus innominati f 12. What was an obligatio naturalis } and what efficacy, if any, had It In Roman Law ? What in our Law ? 13* How do you account for the superiority of Roman Law ? NJB, — The first 10 questions for ordinary, all for honors* THIRD YEAR* CRIMINAL LAW, Examiner Mr. Archibald. 1. Define a crime ; and give the distinction between crimes and private wrongs* 2. State the rules of law with regard to the responsibility of married women for criminal offences* 3* What is the scope of the maxim— 11 Maltiia supplet xtatem j' J and what exceptions are there to this rule ? 4. What are the different kinds of dementia? and state the effect of each as regards responsibility for criminal actions* 184 5« What ia tbs distinction between an accessory before the fact, and a principal in the second degree? 6 Define murder and manslaughter j and what ia the distinction be- tween them? 7* Define ifialitia, as used in criminal law, 8. Give a rule limiting the Admiralty jurisdiction in bays and the mouths of rivers* 9. What is counterfeiting j and to what class of offences docs it belong? 10. Define burglary ; and show particularly in what places it may be committed ■ and point out any charges in the law relating to it. 11, How many peremptory challenges are allowed to the prisoner in the different classes of crimes? 12* Are all offences bailable ; and how may bail be obtained in the dif- ferent clashes of offences ? 1. How can a minor enforce bis right before oar courts. 2. Under what conditions can a public officer be sued for damages by reason of any act done by him in the exercise of his functions ? 3* What must a fiat for a writ of summons contain 7 4. How do you describe a corporate body in a writ of summons? D, Ia how many different ways can you auromoa before our courts a defendant residing in, Nova Scotia, and what arc the formalities to be ob- served in so doing? 6* Suppose a demand of plea be served upon a defendant on a Thursday, on whut day can you foreclose him from pleading ? 7. How many kinds of preliminary exceptions are there ; give the liatur* of each, and state when they can be pleaded ? 8. IV hat is a demurrer? Give an example, 0. Jii what cases can a plaintiff make an incidental dernapd? 10. What is the effect of neglecting to answer interrogatories upon arti- culated facts; and which party bears the expense of them? 11. In the case of a defendant being 3ued on a promissory note, the signature to which has been forged, can he oblige the plaintiff to prove the genuineness of the note, if so* how and when is it done ? 12. Can a witness be examined in a cause before it is inscribed for proof, if so, how and under what circumstances ? Ba. App. Sp. EXAMINATION-. MINING. Satithday, April 20th Mousing, 9 to 12. tatkT r „ B. J- HlttTOTOW, B.A,, Fb.D, L Point out some of the principal differences commonly observed in the composition of metalliferous veins at different depths and along their Strike. 2, For the purposes of mining, vrbat are regarded as thick and what tia thin lodes? Describe the cross-cut method for the exploitation of the former. 3, State the conditions which determine the dimensions and site of a shaft, and describe the method of Kind & Chaudron for sinking and tub- bing shafts in watery ground. 4, Describe fully the different parts of the timbering of a gallery, and state under what conditions the timber is usually found to last longest, 5, Describe the man-engine, pointing out its advantages as compared with other appliances for raising miners in shafts, 6, State the circumstances under which overhand or underhand s toping may be followed with most advantage, 7 + What arc the best forms and dimensions of rails for under-ground roadways* 8. Point out the differences between slow and shattering explosives, and state In what oases the one or the other may be used most advantageously. 9. Describe the construction and use of a rotatory huddle and a shaking . table. 10. Explain the following terms : Hade, attic, balance-bob, plunger, nog and gob. 11*8 MIDDLE YEAR. ASSAYING, Friday, Apiud 26th :— Morning, 3 to II. Examiner,..**.*... - B. J. Harrington, R.A., PilD, I Describe fully the volumetric assay of Zinc Ores with Sodic Sulphide. 2. Id what ways may Titanic Acid be detected in Iron Ores, aud how is the q ua n i i ty ea tim a ted 7 3. Describe Marguerite’s method for the determination of Iron, and point out its advantages or disadvantages as compared with Penny's method, 4* Describe the method of Fresenius and Will for the valuation of Man- ganese Gres, 5. How would you determine the amount of Gold, (1} in auriferous Iron Pyrites, and (2) in quarts free from Sulphides? 6, What charges would you employ in the seorification assay for Silver of specimens of Galena, Copper Pyrites. Zinc Blende and Stibnite. 7. Describe any method for the determination of Sulphur in Coals. 8, In determining the value of a coal, what are the principal points to be ascertained ? FACULTY OF LAW. SESSIONAL EXAMINATIONS, FIRST YEAR. ROMAN LA wH" Mxamtner ,. - Prof, Tubs hod ke. }- Iritc> wbat Periods would you divide the history of Roman Law, and give the reasons for the division you adopt ? 2. What means have we of funning some idea of the primitive Roman Constitution ? 3. To what era in legal history does the legislation of the XII tablet belong, and point out the importance of such legislation ? 4. Give some account of the Corpus Juris UivUis t and of the works form- ing it. 199 t 5„ How do you account for the Roman Law forming the basis of a large portion of our Law ? 6. What are some of the great agencies in the amelioration of lawj and point out the time and manner of their operation ? 7. Give some account of the origin and nature of the great Roman Magistracies, particularly of the Ptaetorship. 8. What are the great natural family relations, and what their extensions in Ilomun Law and whai in our Law ? What were the different kinds of Tufelsc in Roman Law j what in our law, and point out what security in each case the Minor enjoys? ID, What was the probable nature and what gome of the causes of the change in the Roman Constitution known as the Servian Constitution? 11. What were leges, plebiscite, semtus consult a, principum placita, respa nsa pru dentum , 12, Iq what way did Grecian culture and philosophy affect Roman Law, and at what period? (Only 8 questions to be answered.) FIRST YEAR. CIVIL CODE* Mcamintr, . Pbof. H. F. Riisnui. 1. Par qudles loia sont regis les biens menbles et immeubles si tuna en Bas-Canada ? 2. Suiv&nt quel les lois doivent £tre fails les actes quand i. leur forme ? 3. Comment s'acqniert la quality de sujet bntannique? * 4. Quels sont les effets de la mort civile ? fi, Que doit contenir Facte de manage? 6. Quids sont les droits et les obligations du curateur k V absent ? 7. Quel prStre on minlstre est competent & celebrcr nn manage ? 8. Pour quel lea causes une femme peut-elle demands r la separation de corps? 200 FIRST YEAR. LEGAL HISTORY. Exami ner . * M. L aheau, 1. Quelles sont les origincs du droit canadien 7 2. Comment se divssait le droit frangais avaat IE163? 3. A quelle date rcmonte Fintroductioa de la Coutume de Paris dans la eolonie ? 4. De quo! trails Fordon nance de 1667 ; a-t-ellc &U enregtetree au Couseil Supiricur de Quebec ? 5. Dites la date de la creation da Caused Superieur de Quebec ? 6. Qu! formait partie (origin akeme at) da Congeil Superieur de Quebec? 7. Coasidcrez-vous que leg ordon nances des Hois de France, postMeures A la date de la creation du dit Conseil, duesent j frtro enregtetrees pour avoir force de loi dans la eolonie ; dites vog raisons pour on contre? B. Dans quelle amioe les lois criminelles anglai&es on belles k\k intro- duites legale meat en Canada? 9* Rappelez quelqnes-imes des- princlpales dispositions confeimes dans Facte cons titu lion uel de 1774? 10. lUppelez quel ques- ones des principales dispositions continues dans Facie constitutio inei de 17017 FIRST YEAR. CIVIL LAW. toinWr .* ♦. M, Kqbidoux. 1 « Comment sont deferees les Tutelles ? 2. Par qui pent ctre conroque le conseil de famllle? Et devant qui pent il elre convoqu& ? 3. Combieu de Tutenrs peuvent £tre nomm6s £ uu Minenr? 4. Quelles sent les foaettons dn sabrog6 Tutear ? Quelle est sa responsa- bilitc 7 5. A la demande de qui un Mi near peat il ctre frnancipe? Par qui peut- il Gtre emancipe? 201 6. Quand un Majeur ou Minenr Graaucipe, dolt-11 e(rc interdit? Ruppor- tez la procedure pour pro nonce r V inter diction ? 7. Combieu y a*t-il d’esp&ces de curatellcs? A qui doniie-t-ou un Curiitcnr ? 8. Quels sout lea poovoirs do Curateur? 9. A quids biens nomraed-oii des Curateurs? 10. A qui Homme- t-on un consell judidaire? Par qui est-il donne? Quels Boat sea ponvoirs? FIRST YEAR. CTYIL PROCEDURE. (3 to 4.30 p.w. for Orpin art ; and 3 To 5.30 p.m. for HoNOtrafl.) Examiner f ,...M Hutchinson, B.C.L, 1. How could the first of May next be declared a non-juridical day? 2. What formalities moat be observed in order that a minor may institute m action for the recovery of damages suffered by liim ? 3. Gan a married woman sue her husband ? If so, in whose name, and by what an thorny? 4. Can a contract entered into in New York between two Germans be enforced in our courts? If so, under what circumstances? 5. Can a contract entered into at Montreal between two Chicago mer- chants be enforced iu our courts? If so ; how would you summon the De- fendant? * fh In how many ways can you summon a Defendant residing in Nova Scotia to appear before our courts ? Explain each. 7. Under what circumstances can a party plead in forma pauperis ? In what case would such party be refused leave to so plead 7 8. Can a husband residing in New York prosecute an action in our courts for separation from bed and board against his wife residing in Mon- treal ? 9. llow many kinds of preliminary pleas are there? Within what delay must they be fyled ? 10. Explain the nature of a declinatory exception. 21)2 11. What is the effect of an attorney neglecting to elect domicile 7 12. What must the conclusions of a suit contain? Is a prayer for justice in the premises sufficient? N.B. (Any eight of the above twelve questions to be answered.) FIRST YEAR. CRIMINAL LAW. Examiner) ....Mb. Archibald. 1. What is the distinction between crimes and private injuries? 2. Give the exact technical signification of the word malice aa used in criminal law. 3. What is the meaning of the maxim El M ilitia supplet aetatem, 1f and what exceptions are there to it? 4. What are lli4 rules of law in relation to the responsibility of a femme cower te for criminal acts ? 5. Mention and define the principal offices against the coin, classing each either as felony or misdemeanor* as the case may be. 6. State the several punishments awarded to the offences mentioned in the last question. 7. Give a short resumS of the law' relating to the effect of provocation in a case of homicide. 8. Under what circumstances, if at all, are medical men responsible cri- minally for the death of persons under their care? 9. Define larceny with precision. 10. Explain in detail the different elements of larceny as contained in your last answer. 11. Is a clerk in a ba ik who receives money from a customer, puts it m the till, and afterwards takes it out and appropriates it, guilty of larceny, or of some other, and what offence 7 and give the reason of your opinion ? 12. What is the nature of the entry which forms an element in the crime of Burglary ? (N, B. Students have the right to answer any 8 questions which they may choose out of the foregoing.) 203 H SECOND AND THIRD YEARS* INTERNATIONAL LAW AND COMMERCIAL SALES. Examiner).,.... ........... Professoa Kkrb, 1. What is a contract 7 What is a contract of sale ? 2. Wliat are the principal obligations of the Vendor 7 What are the principal obligations of the Vendee ? 3. Whatsis public International Law? What is private International Law ? 4. State the rights of Belligerents, Detail the rights of Neutrals. 5. What is a lien? When docs it exist? G. What is stoppage in transitu ? In what does it differ from lien ? I. What is the effect of stoppage in transitu? 8. What change has been effected in the rights and privileges of the unpaid vendor by the Insolvent Act of 1875? 9. Wbut is Blockade 7 How and by whom can it he exercised ? 10. From what law do obligations derive their force ? Does the lex fori exercise any influence upon obligations ? If yea, in what manner? II. Point out the differences existing between the 17th section of the Statute of Frauds and Art. 1235 G. 0* L, 0. 12. WTiat is Extradition? What changes have recently been introduced into the interpretation of Extradition Treaties ns to the trial of offenders extradited for an offence other than the one for which the surrender had been demanded ? SECOND AND THIRD YEARS. ROMAN LAW. (3 TO 4h P.M, FOR OKMNAIIY ; AND 3 TO 5J P.M. FOR HoNOBS.) Examiner^ * . ................... Prof. Trhnholme. 1. Give in chronological order the differfent kinds of testamentd) and point out some ot the more important changes therein 7 2. Whence do we deri ve our law of willing, and the different forms of wills prevailing in Lower Canada? 204 3 What was .tub st initio and what were Jidei eommksn in Homan Law, and when and why were the latter introduced 7 4. What w m the order of succession established by the XII tables, nud what by Justinian ? 5. A person dies worth SO ? OQO aura, leaving surviving him a father, a maternal grandmother, a full brother, three nephews, children of a deceased sister of the full blood, and also a brother of the half blood ; how would the 60,000 anrri be divided in Roman Law under J us tin Ws legislation, and how in our law 7 6. Give an account of the different h&mfida enjoyed by heirs and by creditors in Roman Law, and point out analogies in our law. 7 . What are the different kinds of legatees in our law, and what their liability for the debts of the testator? E, What was the legitim# portio of the Roman Law, and had or have we any thing similar in our iaw7 N. B. 8 Questions for Ordinary, all for Honors. O. Give some account of the nature and causes of the change known as the Servian Constitution, and of the means by which a judgment may be formed on the subject. 10. Give some account of the jus gentium of earlier and later Roman Law, and of the influence it exerted in Roman Law, 11. Define, leges, plebmtta, prime ipum placita, jus honorarium) responsa prudent um f f nanus, mancipation dominium quiritarium , usueapio. 12. What are the natural family relations, and to what extent do they come under the domain of law? What were their artificial extensions in Roman Law, and what in our law SECOND AND THIRD YEARS. CIVIL LAW. J$maminer,*«*y ..*M. Lakkau. L Donnez la definition du contmt de louage? 2. Quelles sont lea principales obligations du locateur? 3, Quelles sont les principales obligations du locataire? 4 Comment se term me le bail d'nne mats mi lorsque la duree n T en cat pft3 fixee? 205 5, Le Yoitnrier pencil retenir la chose t rang par tee jusqu’au paiement du Yoiturage et du fret ? 6, Dana quels caa lea entrepreneurs et architects peureut-ila reclamer des extras ? 7, Donnez la definition du contrat de transaction ? S, Donnez la definition du contrat de cantionnement. 9, Dites quel est Teffet du cautionnement entre lea co-fid e-jusseurs ? 10, Mentiounes lea sources d’oii ie droit ennadien tire son origins 7 1. Comment des objetg raobiliers peuyentdls devenir hnmenbles par destination ? 2. A qui appartiennent lea isles qni se foment dans lea fie uvea ou les rm^res ? 3. Quels aont les obligations de rusufruitier ? 4. Comment a’eteint Tuan fruit 7 5. Quels sont les droits et lea obligati on a des proprietairea voialns ? 6. Oomblen y a-Ul de formes de testament dans notre droit? 7. Quels btens peut-on donner par testament ? 8. Le legs d’une chose qui n'apparticndrait pa. a au testate nr eat-il valide ? 9 Comment no testament oeut-U etre evoqu& SECOND AND THIRD YEARS. CIVIL LAW. Examiner, .Prof. Rainvillb, O 206 SECOND AND THIRD YEARS, CIYIL PROCEDURE. (3 to 4.30 p.m, for Ordinary ; 3 to 5.30 mar. for Honours.) Examiner, M - Hutchinson, B.C.L. 1. When can a judgment be executed in the name of a deceased person? 2. Under what circumstances may a judgment be executed immediately after being rendered? 3. What is the effect of a garnishee refusing to make his declaration when legally called upon; of the amount he owes the defendant? 4. What real rightB does a sheriff's sale not discharge property from ? 5. How is an abandonment of property by a debtor arrested under a capias effected? 6. Within what delay can a creditor contest the statement of such debtor’s abandonment ? And on what grounds ? 7. Have the creditors of such debtor any claim upon him after he has abandoned his property and obtained his discharge from imprisonment?, 8. How is coercive imprisonment carried into execution ? 3. What penalty does a defendant subject himself who locks his doors against a bailiff to prevent the seizure of his effects? 10. Draw up a form of affidavit for the issue of a writ of capias on the ground that the defendant ia about immediately to leave the country ? 11. From what court should a capias issue based on a debt of $50? If the capias be quashed, before what court must the plaintiff proceed to judgment on his debt ? If the capias be not executed; before what court must the plaintiff proceed to judgment on his debt ? 12. How many kinds of bail may the defendant give? Explain briefly the nature of each, N.B. — Any eight of the above twelve questions for Ordinary, the whole twelve for Candidates for the Medal. SECOND AND THIRD YEARS, COMMERCIAL LAW. *M. Robidil oblige de payer pour les merchandises qu T il a etc euntmmt do vendre pour subvenir aux reparations, victuailles et autres necessites presaantes da Mtiment arrive k sa destination? Le frSt est-il dft sur les marchandises dans ce dernier cas 7 Quel prix est du pour lea merchandises, si le b&timent perit avant darriver h. destination 7 11. Quand une demands de cession peut elle 5tre faite & uu comtner- ^ant? 12. Quand un debiteur cummer^at eet-il repute en faillite ? 208 THIRD YEAR, CRIMINAL PROCEDURE. Archibald 1. Define Criminal Procedure, and state what it comprises. 2. Where should crimes be tried, and give exceptions ? 3. In what cases may arrests be made by private persons ? 4. In what cases may arrests be made by an officer without a warrant ? 5. What Is the procedure to be adopted to obtain a warrant of arrest on a charge of Felony ? 6. What should an officer holding a warrant to arrest a man in one dis- trict do, in case the accused escapes into another district? 7. Under what circumstances may a warrant issued for the arrest of a person in one district be executed in another without being Ported ? 8. When a man is arrested on a charge of Felony, what course must be followed to secure his committal 1 9 . Explain the law relating to bail by one or two magistrates. 10. How is bail obtained in case it is refused by the magistrate ? 11. How are the Petit jury lists made ? 12. What are the essentials of an indictment ? N. R. Ordinary students may answer any 8 of the foregoing questions. Medal students are to answer the whole 12. Ba. Afp. Sc. EXAMINATION. MINING. Saturday, April 20 th :— Morning, 0 to 12. Examiner, * ».B. J. Harrington, B.A., PhD, 1. Point out some of the principal differences commonly observed in the composition of metalliferous veins at different depths and along their strike. 2. For the purposes of mining, what are regarded as thick and what as thin lodes? Describe the cross-cut method for the exploitation of tho former. 3. State the condition! which determine the dimensions and site of a shaft, and describe the method of Kind & Chaudron for staking and tub- bing shafts in watery ground. 4. Describe fully the different parts of the timbering of a gallery, and slate under what conditions the timber is usually found to last longest. 5. Describe the man-engine, pointing out its advantages as compared with other appliances for raising miners in shafts. 6. State the circumstances under which overhand or underhand sloping may be followed with most advantage. 7. What are the best forms and dimensions of rails Tor underground roadways. 8. Point out the difference! between slow and shattering explosives, and state in what cases the one or the other may be used most advantageously. £h Describe the construction and use of a rotntory huddle and a shaking table. 10. Explain the following terms ; Hade, attic, balance-hob, plunger, nog and gob. im MIDDLE YEAR. ASSAYING, Friday, April 26th r— Morning, 9 to 11. * - — .B. J. n arrington, B A,, Ph.D, 1, Describe fully the volumetric assay of Zinc Ores with Sodjc Sulphide, 2, In what ways may Titanic Acid be detected in Iron Ores, and how is the quantity estimated? 3, Describe Marguerite’s method for the determination of Iron, and point out its advantages or disadvantages as compared with Penny s method. 4, Describe the method of Fre&enius and Will for the valuation of Man- ganese Ores, 5, How would yon determine the amount of Gold, (1) in auriferous Iron Pyrites, and (2) in quarU free from Sulphides ? 6, What charges would yon employ in the scorificatbn assay for Silver of specimens of Galena, Copper Pyrites, Zinc Blende and Stibnite. 1 Describe auy method for the determination of Sulphur in Coals, 8, In determining the value of a coal, what are the principal points to be ascertained ? FACULTY OF LAW, SESSIONAL EXAMINATIONS. FIRST YEAR. ROMAN LAW, Examiner, ........ .....Pnoi. Trenholme. L Into what periods would you divide the history of Roman Law, and give the reasons for the division you adopt ? 2. What means have we of forming some idea of the primitive Roman Constitution ? 3. To what era in legal history does the legislation of the XII tables belong, and point out the importance of such legislation ? 4. Give some account of the Corpus Juris Civilis, and of the works form- ing It 199 5. How do von account for the Roman Law farming the basis of a large 6. What are some of the great agencies in the amelioration of law, and point out the time and manner of their operation ? 7 Q]ve some account of the origin and nature of the great Roman Magistracies, particularly of the Fvaetorship, g, What are the great natural family relations, and what their extensions in Roman Law and what in our Law ? What were the different kind?? of Tutefoe in Roman Law] what in our law, and point out what security in each case the Minor enjoys? 10. What was the probable nature and w-hat some of the causes of the change in the Roman Constitution known as the Servian Constitution? 11. What were %es, plebiscite senate* consult a, principum placita t respond prudentum . 12. In what way did Grecian culture and philosophy affect Roman Law, and at what period 7 (Only 8 questions to be answered.) 1. Par quel les loia sont r£gis lea biens raenblea et immeubles sitnea en Bus- Canada? 2* Suivant quelles loia doivent §tre faits les notes quand it leur forme ? 3* Comment s’acquiort la qualite de sujet britanniqne? 4, Qnels sont les effets de la mert civile ? 6. Que doit contenir facte de manage? 6. Quels sont les droita et les obligations du enrateur a Tabsenl? 7 Quel pr&tre on tmnistre eat competent h ctd&brer un mariage ? 8. Four quelks causes unn femme paut-elle deni under la separation de corps? portion of our Law ? FIRST YEAR. CIVIL CORE. Examiner, ,Phof. H. F, Rainyillb. 200 FIRST YEAR. LEGAL HISTORY. Examiner * M, Laueau. 1. Quelleg sont les origins du droit canadien? 2. Comment se divEsait le droit fran^ais av&nt 1663 ? 3* A quelle dale remonte Fin induction de la Coutnme de Paris dana la colonic 7 4. De quo! traite Pordonnance de 1667 : a-t-clle §t& enreglstroe au Coiiseil gup6rieur de Quebec 7 5. Ditcs la date de la creation du Conseil Sup£rieur de Quebec ? 6. Qui format t partie (original remen t) du Conseil Snperimir de Quebec? 7. Considerez-vous que les ordon nances des Rots de France, postfaieures A la date de la creation du dlt Conseil, d assent y etre enregistreea pour avoir force de loi dans ta colonfe ; dites vos raisons pour ou centre? 8. Dans quelle ann£e les lois criminelles anglaises out-elles gte iutro- duites legakmeut eu Canada 7 9. Rappelcz qnclques-unes des princi pales dispositions contenueg dans Paete const! tutionnel de 1774? 10. Rappeiez q’ielques-unes des prmcipales dispositions contenues dans Facte constitute nnd de 17017 FIRST YEAR. CIVIL LAW. Examiner * ....M, Robidocx. L Comment sont deforces lea Tutelles? 2. Par qui pent Utq convoque le conseil de famille? Et devaut qui peut il etre convoquS ? 3. Combien de Tu tears pen vent etre nomm£s A un Mi near 7 4. Que lies sont les functions du subroge Tuteur? Quelle est sa responsa- bilite? d. A la demande de qui ua M incur peut il etre cmancipe? Par qui peut- il £tre cmancinc? 201 6, Qnand un Majcur ou Minenr fonancipfe, dolt-it £tre mterdlt? Rappor* tez la procedure pour prouoncer ^interdiction ? - 7* Comhieu y a- t-il d ; esp6ces de curate Ilea ? A qiu donne-t^oa on Curate nr 7 8, Quels Bont lea pouvoirs du Curateur? 9, A quels Mens nomme-t-on des Curaleurs? 10, A qui nomme-Hm un couseil judiciaire? Par qur est-il donue ? Quels sent sea potiYuira? FIRST YEAR. CIVIL PROCEDURE. (3 ro 4.30 p.ir, for Ordinary ; and 3 to 5,30 p,m, for HoNotras.) 1. How could the first of May next be declared a non-juridieal day ? 3. What form all Lies must be observed in order that a minor may institute an action for the recovery of damages suffered by him ? 3. Cau a married woman sue her husband ? If so, in whose name, and by what authority? 4. Can a contract entered into in New York between two Germans be enforced, in our courts? if so, under what circumstances? 5* Can a contract entered into at Montreal between two Chicago mer- chants be enforced in our courts? If so, how would you summon the De- fendant? fi + In how many ways can you summon a Defendant residing in Nova Scotia to appear before our courts? Explain each. 7. Under wbat circumstances can a party plead in forma pauperis? In what case would such party be refused leave to so plead 7 8. Cart a husband residing in New York prosecut* an action in our courts for separation from bed and board against his wife residing In Mon* treal 7 9. How many kinds of preliminary pleas are there ? Within what delay must they be fyled ? ID. Explain the nature of a declinatory exception. Examiner y M. Hutchinson, R.U.L. 202 11. What is the effect of a a attorney neglecting to elect domicile ? 12* What must the conclusions of a suit contain? Is a prayer for Justice in the premises sufficient? N.B. (Any eight of the above twelve questions to be answered.) FIRST YEAR. CRIMINAL LAW. Examiner, . -.Mr. Archibald* L What is the distinction between crimes and private injuries? 2. Give the exact technical signification of the word malice ns used in criminal law. 3. What is the meaning of the maxim “Malitia supplet aetfttem J ' , and what exceptions are there to ii? 4< What are the rules of law io relation to the responsibility of a femme t ouverte for criminal acts ? 5 Mention and define the principal offences against the coin, classing each either as felony or misdemeanor, as the case may be. G. State the several punishments awarded to the offences mentioned in the last question. 7. Give a short res amt of the law relating to the effect of provocation in a case of hom rcide, S. Under what circumstanced, if at all, are medical men responsible cri- minally for the death of person? under their care? 9. Define larceny with precision. 10. Explain in detail the different elements of larceny as contained in your last answer. 11- Is a clerk in a bank who receives money from a customer, puts it in the till, and afterwards takes it out, and appropriates it, guilty of larceny, or of some other, and what offence ? and give the reason of yonr opinion ? 12- What ia the nature of the entry which forms an element in the crime of Burglary ? (N. B. Students have the right to answer any 8 questions which they may choose out of the foregoing.) 203 2. What are the principal obligation* of the Vendor 7 What are the principal obligations of the Vendee ? 3. Whatsis public International Law? What is private International Law ? 4 + State the rights of Belligerents. Detail the rights of Neutrals. G. What is a lien ? When does it exist? 6. What is stoppage in transitu f In what does it differ from lieu ? 7. What is the effect of stoppage in transitu ? B. What change has been effected in the rights and privileges of the unpaid vendor by the Insolvent Act of 1875? 9. What is Blockade ? How- and by whom cun it be exercised? 10. From wlmt law do obligations derive their force? Does the lex fod exercise any influence upon obligations 7 If yea, in what manner? 11. Point out the differences existing between the 1 Till section of the Statute of Frauds aud Art. 1235 C. 0. L. C* 12. What is Extradition? What changes have recently been introduced into the interpretation of Extradition Treaties as to the trial of offenders extradited for an offence other than the one for which the surrender had been demanded ? SECOND AND THIRD YEARS, ROMAN LAW. (3 TO 4j F.M. FOR Ordinary j ano 3 to 5J f.m for Honors.) Examimr,.,, — P R0V ‘ TWholhh. L Give in chronological order the different kinds of testament a } and point out some of the more important changes therein ? 2. Whence do we derive our law of willing, mid the different forms of wills prevailing in Lower Canada? 204 3. What was mbatilutio and what were fidei commits# in Roman Law, and when and why were the latter introduced ? 4. What was the order of an c cession established by the XII tables, and w fan t fay J usti o i a n 7 5. A person dies worth 60,000 aurei, leaving surviving him a father, a maternal grandmother, a ftill brother, three nephews, children of a deceased sister of the full blood; and also a brother of the half blood ; how would the 60,000 aurei be divided in Roman Law under Justinian’s legislation, and how In our law? 6. Give an account of the different bencficia enjoyed by heirs and by creditors in Roman Law, and point out analogies io onr law. ?* What are the different kinds of legatees in our law, and what their liability for the debts of the testator ? 8. What wag the legitima poriio of the Roman Law, and had or have we any thing similar in our law? N*B. 8 Questions for Ordinary, all for Honors* 9. Give some account of the nature and causes of the change known as the Servian Constitution, and of the means by which a judgment may be formed on the subject* Kb Give some account of the jus gentium of earlier and later Roman Law, and of the influence it exerted in Roman Law, 1 1 . Define, leges 7 plebi^titu^ principum placita^ jus honorarium, respond prudent um^ mantis , mancipatio t dominium quiritarium t Vtucapio, 12. What are the natural family re la Cions, and to what extent do they come under the domain of law? Wha* were their artificial extensions in Roman Law, and what in our law SECOND AND THIRD YEARS, CIVIL LAW* Eecaminer . ......... * * M. Laueau. 1. Donnes la definition da contrat dc lauage? 2. Quelles sont lea principales obligations da locateur? 3. Quelles sont leg principales obligations dn locataire 7 4 Comment se terming le bail d’uue mats on lorfque la duree nkn eat pas fisee ? 205 5, Le Yoiturier peufc-il retenir la chose transports jusqu’au paiement da yoiturage et da fret? 6, Dans quels cas tea entrepreneurs et architectes peuvent-ils reclamer des extras ? 7. Donnez la definition du contrat de transaction ? 8. Donn.cz la definition da contrat de c anti onne men t« 9, Cites quel eat Veffet du cautionnement entre les co-fide-jusseurs ? 10. Meotiasmez lea sources d T ou le droit canadien tire boo origine ? SECOND AND THIRD YEARS. CIVIL LAW. Examiner, > „ T , t ... Prof . R aixvitLa . 1, Comment des objets mobi tiers peuyentdla devenir immeubles par destination ? 2, A qui appartiennent les isles qni se foment dans les fleuves ou les rivieres 7 3, Quels sont les obligations de l ? usu fruitier 7 4, Comment s'eteiut l'usufruit? 5, Quels sont les droits et les obligations des proprifctaires voisLuB? 6, Combien y a-t-H de formes de testament dans notre droit? 7, Quels biens pent-on donner par testament? 8, Le legs d’nne chose qni n’appartiendraitpas an testatenr est-il valide ? 9 Comment no testament oeut-il Stre evoque O 206 SECOND AND THIRD YEARS. CIVIL PROCEDURE. (3 to 4.30 f.m. FOE Ordinary ; 3 to 5,30 p.m. foe Honours.) Examiner , * - Hutchimsoic, B.C.L. 1. When can a judgment be executed in the name of a deceased person? 1 2. Under what circumstances may a judgment be executed immediately ’ after being rendered? 3. What is the effect of a garnishee refusing to make his declaration when legally called upon, of the amount he owes the defendant? 4. What real rights does a sheriff’s sale not discharge property from ? 5. How is an abandonment of property by a debtor arrested under a capias effected? 6. Within what delay can a creditor contest the statement of Buch debtor's abandonment ? And on what grounds ? 7. Have the creditors of such debtor any claim upon him after he has abandoned his property and obtained bis discharge from imprisonment 8. How is coercive imprisonment carried into execution? 9. What penalty does a defendant subject himself who locks his doors against a bailiff to prevent the seizure of his effects ? 10. Draw up a form of affidavit for the Issue of a writ of capias on the ground that the defendant ia about immediately to leave the country ? 11. From what court should a capias issue based on a debt of $50? If the capias be quashed, before what court must the plaintiff proceed to judgment on his debt? If the capias be not executed, before what court must the plaintiff proceed to judgment od his debt ? 12. How many kinds of bail may the defendant give? Explain briefly the nature of each. N.B, — Any eight of the above twelve questions for Ordinary, the whole 1 twelve for Candidates fbr the Medal. 207 SECOND AND THIRD YEARS. COMMERCIAL LAW. £$a mi ner, M. R oeidqux * 1. Quelles sont leg creaoce$'privi16giec3 sup lea Mti meats nmr chanda? 2. Quellea sent les creancea pritrilegieea aur la cargaison? 3. Quellea soot lea creaaces prmlegi^ea sur 1© fret 7 4. A quelle responmbllitd eat aoumlse e avers lea tiers une personne qni affrfite im b&UujeiiL. pour eu avoir le oontrole et le naviguer aeuie? 5. Quand le maitre petit-il vendre le bailment sans Tautorisation expresSe des pro prie lakes? 6. Qu’eat-ce qiie le conasiaacment? Par qui est-il signe ? En combien d’exemplaires ? Que dolt contenir le eoanaissement? 7. Qu’ente ad-on par fraia de aurestaire 7 ^ 9. Que!a soat lea droits da Capitaine sur lea marebandisea traasportles sur son Mtiment et doat le fret n’est pas paye t N. B. — Tous les dtudianta devront repondre aux questions ci-dessus. Lea concurrents pour la medaille devrout repondre aux questions auivantes. &. Quellea sont les marchaudises qui pen vent etre abandonees poar fret? Et dans quel eas pen vent ellea &tre ainai a band ounces ? 10. Quel prix le maitre est4l oblige de payer pour les marebandiseg qu'il a ©to contraint de vendre pour subvemr aux reparations, victuailles et autrea n£ces sites pressautes da b aliment arrive & sa destination? Le fr0t est-il da mr les marchandises dans ce dernier cas ? Qael prix est du pour les marc handles, si lo b&timent peril avant d’amver t\ destination ? 11. Quand une demande de cession peut elle etre faite li un commer- ^ant,? 12. Quand ua debiteur c uunmer^ant eeUil repute en faillite ? 208 THIRD YEAR. CRIMINAL PROCEDURE. £zamin&r r *— * — Mr. Archibald 1. Define Criminal Procedure, and state what it comprise a. 2. Where should crimes be tried, and give exceptions 7 3. In what cases may arrests be made by private persons 7 4. In what cases may arrests be made by an officer without a warrant? 5. What is the procedure to be adopted to obtain a warrant of arrest on a charge of Felony 7 6. What should an officer holding a warrant to arrest a man in one dis- trict do, in case the accused escapes into another district? 7. Under what circumstances may a warrant issued for the arrest of a person in one district be executed in another without being backed ? 8. When a man is arrested on a charge of Felony, what course must he followed to secure bis committal ? 9. Explain the law relating to bail by one or two magistrates. 10. How is bail obtained in case it is refused by the magistrate ? 11. How are the Petit jury lists made ? 12. What are the essentials of an indictment? N. B. Ordinary students may answer any 8 of the foregoing questions. Medal students are to answer the whole 12, 239 ferent therm smeters in ordinary use and the rules for converting degrees of out* scale into degrees of the other. 2. Explain Boyle’s or Mariettas law, and the principles involved in the action of the mercurial barometer and the common air pump. 3. Write the formula; for the oxides of nitrogen ; show how nitric acid h derived from the Pentoxide, and describe the mode of manufacture and the properties of commercial nitric acid, 4 In what condition are the metals usually found in nature 7 Give an outline of the process by which they are obtained in the metallic state with the chemical changes involved in the cases of iron and potassium expressed in symbolic equations. 5, Write the formulae for a monatomic, a diatomic and a triatomic alcohol and show how Ethyl alcohol is converted into an Aldehyde anti subsequently Into an Acid, 6. Write the form aim for a primary, a secondary and a tertiary monamine. State to which of these classes the vegetable alkaloids belong, and describe the tests for strychnia. faculty of law, FIRST YEAR. ROMAN LAYY. Examiner, Piicf. Tisknuolmb 1. Mention the principal sources of our information on the history of Roman Law ? 2. flow is the history of Human Law divided, and state what division you prefer, and why ? 3. By what moans are we able to kmw anything of the primitive and reformed Roman Constitution ? 4. Give the date and import of L ots Saenz ; Lcz Oanuitm; Roga- tiones Lkimanae ; Lex Hortetma; Lex Moenia. What were Leges Agrarimf 5. With whom did the power of Iftgi.sUtioii li* at different periods in Roman history, and what were the different legislative enactments called 7 6. What was the Jus. Honorarium f What the Jus. Gentium ? What the E dictum Perpetuum ? 240 7 Mention in chronological order Hie grant agencies in the amelior- ation of the law, and by what they were represented in Roman Law. 8 Explain the meaning of Chita,; Jos. Lniinum ; JWj*. Italioum Colonia ; Munhiyium, Praejeclura; Proconsul; Propraetor; Corpus Juris Civilis ; Lex Roma mi Vzsigoihorum. FIRST YEAR* CIVIL FROCK DC RE. (4 TO 5.30 P.M, FOE OEOIMART \ AND 4 TO 6 P-M. FOB TtONOHS-) Examiner > . —■-****•*" ■* 1. Can a minor institute an action in his own name woman! Is there any exception in either case? M. Hutchinson* ? Can ft mftiried 7 , Can ft foreign corporation institute an action before our Courts? 3 Can a creditor join several causes of action in the same suit? Can be divide hi 3 debt and late two actions against his debtor? 4 What preliminary steps must betaken in order to sue a public officer for damages by reason of any act done by him in the exercise of his func- tions ? rr the act complained of was committed at Quebec, could such action be brought at Montreal if a personal service were effected at the latter place ? B . Do delays run upon Sundays and holidays? If so, are there any, and what exceptions ? G, Under what conditions can a party plead mformd pauperis 7 T. Under what conditions can an artion for the recovery of a debt con- tracted in a foreign country be taken in our Courts ? 8, Can a married woman institute an action at Montreal, for separation from bed and board, against her husband, domiciled at Toronto, if a per- ional service was made on him in Montreal? & If there are several defendants in Ihe same suit residing in different districts, under what, circumstances could yon bring them all before the court sitting at Montreal? 1ft. Under what circumstances can a i action be taken against a debtor, the initials of whose name can only be ascertained ? XL In how many ways may a defendant residing in Nova Scotia be flummoned to appear before our Courts ? Describe each. 12. Can an attorney confess judgment for his client? If so, under what circumstances ? (Any eight of the above twelve questions to be answered.) 241 FIRST YEAR, CIVIL LAW, fiaminer,-..... - Pbof, Raintill*. 1. A qudlcij lois sont soumis les actes quant & lenr forme 7 2 . Qaelles persounea penvent se faire naturaliser et qnellea sunt lev forma Utes necessaires & la naturalisation ? 3. Qu’est ce que le domicile? Oil le mineur et la femme mariee ontril* lour domicile ? Qui pent changer son domicile ? 4. Quels so at les droits des pcrsonnes envoy ees en possession provisoire 7 5. Quellcs person nes pen vent domander l’eavoi en possession definitive 7 Et quund 7 FIRST YEAR, HISTORY OF CANADIAN LAW- Examiner f — * .........k. Laread. 1. Quelles sont leg principales sources du Droit Canadian* 2. Comment se composait ie Droit Oommn i da la France arent 1G63. 3. Mentionnez lea gratides onion nances du XVfe si&cle, e£ dites Les matures principales qui en faisaient Fob-jet. 4. Qu’est-ce que la Couturae do Paris ; dttea le ride qu'elle a joue en France et en Canada. 5* Quelles sent les principales clauses mcntionnces dans la Charts de 1627, 6. Dites les principales dispositions de 1’Edit de Creation dc 1663, 7. Donne2 V analyse de l'Acte Constitution nel de 1774. 8. Donuez ['analyse de l'Acte Constitutionnel de 1791. 9. Donnez [’analyse de l’Acte Constitutionnel de 1840. 10. Donnez [’analyse de l’Acte Constitutionnel de 1867, 242 FIRST YEAR, COMMERCIAL LAW. fizaminer, * Professor Wurtele, Q.C., B C.L. OBLIGATIONS. 1 W ha t thing* are essential to a contract; what things are of its nature and what things are accidental to a contract? 2 + To give validity to a contract, what must be the nature of the consent ? 3. What is the general rule as to the capacity to contract ? 4 . What difference is there between the incapacity of a person interdicted for Insanity and of a person interdicted for prodigality ? 5. When the cause of a contract is not expressed, on whom does the burden of proof fail when it is alleged that none exists? 6. What is the effect of the obligation to give ? 7. When the creditor demands the removal of what has been done iiu breach of his rights, has the Court the option of ordering the removal or of giving damages ? 8. What three conditions must exist to render a debtor liable to pay damages ? 9. When is a debtor liable in damages notwithstanding fortuitous events or irresistible force? 10. What, is the rule respecting damages when the obligation cunsbta hi the payment of money ? 11. What two conditions are necessary to give the Paultan Action? 12. When is the Paulian Action prescribed ? FIRST YEAR. CRIMINAL LAW. i?Ti3Trtin£r, .**...*<». Mr. Archibald. L Define Criminal Law. 2. Define the term “Current Coin’ 1 in relation to the offence of coun- terfeiting. 3. What degree of resemblance, as to form and colour must exist be- tween a false coin and the current coin to constitute the making of the former “ counterfeiting ?f 7 4. Define larceny* embezzlement, obtaining- goods under false pretences ; and point out the distinctions between each. 5. If a man obtains goods from a merchant, promising to return in a few minutes and pay for them, which he did not do f and does not at the time intend to do, is he guilty of the offence of obtaining goods by false pre- tences 7 and give the reason for your opinion. 6. A merchant having secured a piece of goods to his counter by a cord, a person, intending to steal them, moves them away until arrested by the cord, is he guilty of larceny ? Would it make any difference if the goods had not been secured, other things being the same? Give reasons for jour opinion. I. Define an accessory after the fact. 8. Define “ A Riot,” i£ Rout/' Unlawful Assembly.” Is an assembly of persons guilty of gome criminal offence necessarily an tl Unlawful Assembly' 1 7 9. May burglary be committed in the out-houses surrounding a man's dwelling? What is meant by the word t( night” In reference to this offence* 10. Under what circumstances would a finder of lost goods who con- verted them to his owu use be guilty of larceny ? II. State concisely the law relating to provocation m reference to homicide ? 12, What offences are punishable by death under our law ? * Students are to answer any eight of the foregoing questions* SECOND AND THIRD YEARS. ROMAN LAW* Examiner ,***"**. .** ** ... *..*.*.*.* ....* Puor. Tkekholhb . 1, Indicate briefly the successive steps in the development of the Roman Law of Contract. 2. Give a short account of piffims and depn&itum in Roman Law* 3, What was an ohtigatio nature Us } ami what effect had it, if any, in Roman Law, and what in our law 7 4. Distinguish, in chronological order, the different kinds of suretyship known to Roman Law, and mention the henejhia enjoyed by sureties* 244 ft . What was the origin of the stringent provisions in modern juris- prudence ns to the responsibility of hotel keepers and carriers, and to what extent may these persons limit their responsibility by notices ? 6. What, was the actio commodati ; send ana ; pauliana ; pro socio ■ /am Him ereismmdm; communi dividundo; negatoria . confess area, T* State the general rule as to the measure of damages for breach of contract, and mention any leading cases you know on this subject. 8„ What is evidence? What are its different kinds ? What maybe proved by parol ? Whence de we derive our law on this subject? 9* Give lb e date and Import of Leges Sacrse; Lex Canulew; Lex Hot- tensia ; Lex mecnia What were Leges Agrarm ? 10. With whom did the power of legislation lie at different periods in Roman history, and what were the different legislative enactments called ? 11. What was the Jus. Honorarium? What the Jus, Gentium ? What the Edict urn Perpetu um ? 12* Mention in chronological order the great agencies in the amelior- ation of the law, and by what they were represented in Roman Law. 13. Explain the meaning of deltas ; Jus. Lalinum ; Jus. Italicum ; (Jolmiia j j}Junicipium f Prae/ectttra j Proconsul ; Propraetor ; Corpus Juris Civil is ; Lex Romana V ingot horum. SECOND AND THIRD YEARS. INTERNATIONAL LAW. INSURANCE RND BOTTOMRY. Examiner ) „ «...►«» Professor Kerr* 1* What is a Sovereign State ? Are the State of New York and the Dominion of Canada Sovereign States ? What are the rights of a Sovereign State? 2. State what constitutes a breach of Blockade under the English practice? What is the difference between the English and Continental practice relative to breach of Blockade ? 3* What is the, procedure to obtain condemnation of enemy’s property captured at sea ? Of property seized as contraband, or for violation of Blockade ? 4* What Is the difference between domicile m International Law and domicile under the Civil Code of Lower Canada? 245 5, What -ire the differences between a time and a voyage policy in Marine Insurance ? 6. If a creditor insures the life of Ms debtor for an amount equal to big debt, and the debtor’s heirs after the death of the debtor (the policy having hem kept alive by the creditor) pay the debt, can Hie creditor recover from the insurer the amount of she policy 7 If the debtor during Ida life- time pay the debt (the creditor keeping the policy alive), dots the creditor lose his recourse against the insurer? Give the leading cases on the subject, 7. What is the difference between u warranty and a representation 7 8, For what losses is the insurer liable under a policy of fire insurance? 8. In what consists the Maritime territory of a state 7 10. What principles regulate the divorce o' parties married iti a State Other than the one in which the application for divorce ts made? 11. What is abandonment in Marine Insurance? When 13 it necessary ? How is it made ? 12. What is Jettison ? When does it give rise to a general average cun* tri button ? What 13 the difference between the Civil Code of Lower Canada and the practice of English average adjusters in the event of a second jettison quoad the goods jettisoned in the first instance ? ftas. 1 to 8 inclusive, for degree ; the whole paper for honors. SECOND AND THIRD YEARS, COMMERCIAL LAW. Examiner ^.*. . Professor WrruTKLE, Q.tL, B.G.L. PARTNERSHIP. L What is the difference between Partnership and Community 7 2 . What is of the essence of the Contract of Partnership ? 3 What is a Commercial Partnership; and what are its kinds ? 4 What is an anonymous Partnership 7 5. How ig the contract of Partnership formed; what formalities arc requisite in the case of a trailing partnership ; and what is iIiccoDr^uence of 'non-com pliance with such formalities ? 6. What is the scope of a partner’s power or mandate? 7. Is a retired partner ever liable for debts created after his retirement from the lirm ? 8. How do debts cheated after the retirement of a dormant partner affect him? D. What difference is There between a Limited Partnership and a Joint Stock Company ? 10. By what modes can a Partnership be diseased 7 U. What is the effect uf the dissolution as regards the powers of the partners ? 12. How Is the co in i n unity which exists after the dissolution of a Partner- ship dissolved 7 SECOND AND THIRD YEARS. CiViL LAW. Examiner^.. ................. ..... il. Lareaii. 1. Qu'est-ce qifnu privilege; qu’esUce qn f uno hypotb&que ; qu’enten- dea-vous pur tie rs-dfc tern ear 7 2. Comment s'etablissent leg privileges sur les raeubles ? 3. Comment s'Stablissent les privileges sor les immeubles? 4. C ombre a j a-t-0 de sortes d'hypotheques? Definissez. 5. Quel les son t les hypotheques legal eg 7 Definissez 6. Quelleg eont ies exceptions que le tiers-detenteur pent oppoBer L Tac- tion hypotb^cuire, et definissez ces ditterents cas? 7. Qu’est-ee que la prescription ? Combiea de sortes? Dehuissez? 8. Qu'ftppellez-vons intei version de tit re ? 3. Quand et comment a lieu l'interrupiiott dc prescription? 30. II s*ngit d’une ereannee hypo ih 6 cat re, resultant re pendant on one obligation divisible coiiBentie par Jupiter en favour de Primus. Secunduset Terfius au montan t de $3,000. Secundus decode, laissaut trois hcritiers, Gefar, Giceron et Hostillus. La crdance hypotbfecaire est sur te point d'etre prc&crite lorsqne Primus fait une reconnaissance du droit emportant mter- rnption de prescription a regard et en favour de Giceron settlement. On demands si les autres creanciers solidaires et les cu-beri tiers aurout le benefice de cette interruption, et juequ'u quel moutant. 247 SECOND YEAR AND THIRD YEARS, t IYI L LAW. Examiner ^ .... — **«**..■♦. ■* ..Prof. Ralnvji.le. DDK ATI ON 3. 1. Quel est TefFet d’une condition illicit® apposee k one donation? Enu- m£rt>z quelques-unes deg conditions i lli cites ou immo rales. 2. Quetles personneg gont incapables de disposer par donation entre vifs? Donnez la nature de ces incapacites. 3. Quelle fipoque, doit-on considerer pour approver la capaeite du dona- tear de disposer par donation entre vifs ? 4. En quelle forme doit §tre faite une donation entre vifs? 5. En quelle forme doit ctre faite I’acceptation d T une donation entre Fife? SECOND AND THIRD YEARS. CIVIL PROCEDURE, (4 to 5,30 p,jf. for gudin a air; and 4 to 6 p.m. tor Honors.) Examine . . . M. Ha tohinbon. 1. What is a demurrer? Give an example 7 2. What is the object of an intervention? la what respects does it differ from an opposition ? 3. When may a party to a suit be summoned to answer interrogatories upon articulated facts {fairs et articles), and wbat is the effect of ueglec t ing to answer such interrogatories ? 4. Can a corporation be summoned to answer interrogatories upon articu- lated tacts? If so, how must such corporation answer? 5. When can evidence be taken before our courts in short hand 7 6. Under what circumstances and at what stage of the ca-*e can you ex- amine a witness who is about to leave the Province ? 7. Does relationship render a witness incompetent to give evidence ? If BG t what degree 7 B. Can a party residing in Toronto be summoned as a Witness before a Montreal Court? If e>, by whom m ist the subpoena be served, and in case the witness make default, how can he be punished? 248 9, Under what circumstance* can ft grown person, in the exercise of his mental faculties, and not related to the parties, be prevented from giving evidence ? 10 . When can a witness object to answer a question put to him? 11, In how manv ways may yofi obtain the evidence of a witness residing at Quebec, Toronto and New York, respectively ? Describe each ? 12 . If a landlord takes an action against his tenant for damages done to the house occupied by the latter, can either party demand a trial by j my ? Give your reasons. (Any eight of the above twelve questions for ordinary : the whole twelve for candidates for the Medal,) _ SECOND AND THIRD YEARS, EXAMINATIONS IN CRIMINAL PROCEDURE. $xaminGr r ,..., Archibald 1. What do you understand by the term Criminal Procedure? 2 . Ho w ia a warrant of arrest obtained 7 To whom k it addressed ? 3 How is it executed in case the Defendant has escaped into another jurisdiction within Canada? 4 . When may arrests be made without a warrant ? 5. Where arC offences to be tried ? 6. How many terms of the Criminal Court per annum are held in the District of Montreal, and when do they open ? 7 Whose duty is it to see that jurors arc summoned for these terms, and how is this duty performed ? g. Fur what length of time does a petty jury usually serve ? 9. How are the jury lists prepared? ]0, What are the functions of the Grand Jury? 11. What offence s arc b a: lab 1 e by um' or mo re in a gi s tra tea ? Wh at is the duty of magistrates with reference to accepting bail? 12, State the law respecting challenges as well to the array as to the polls. * Students not competing for the Medal may answer any eight of the foregoing questions, Medal Students to answer the whole twelve* 249 U H 3 tit ■- HUMAN LAW, (FOR THE DEGREE OF D.C.L,) Ti!K!{HOI iBB _ 1. Translate Gains, IV Com., §§ 11, 12, 30. 2. Give a short account of the actions mentioned in the above sections, and of the changes in procedure treated of bj Gains in the IV Commen- tary. 3. Translate Pompon ins, § 2, 7, 32. 4. Give some account with dates: Jus Civile Fapirinam* Jus Civ#* Flaviunum ; Jus A ‘liana m ; Jus Honorarium * 5. Give a. short sketch of the Roman Constitution, primitive and reformed, and indicate the means by which we are able to know anything on this subject. fb Give a short account of the struggle for equal right?] between the Plebeians and Patricians, and the principal measures enacted and magis- trates created in connection therewith. What was the place and nature ,, of the position held by the XII Tables in this struggle? COMMERCIAL LAW. (FOR THE DEGREE OF D.C.L > to Examiner.,... ..... Professor Wootbli, Q.G., B.C.L. ODLIGATIOSS. L Why must the artifice in the case of fraud emanate from the other party to be a cause tor the avoidance of a contract ? 2. When a person contracts that another will perform an obligation, is 5 he liable in damages when such other person has ratified and assumed the obligation ? 3. In what form must the acceptance of a gift be made, when such gift is stipulated m favor of a third party in a deed to which he is not a party ? 4. What difference is there in the effect of a resolution by mutual consent and the resiliution of a contract. SALE. 5. What difference is there in the effect of the contract of Sale before and since the promulgation of the Civil Code? 6. What are I he rights of a person buying in good faith a moveable, which is in the possession of but does not belong to the Seller ? 7. What is the effect of an unregistered title of conveyance of real estate : r t as regards the parties thereto ; and 2 3 , ai regards a third party ? 8. What is the effect of a sale of moveable property sold by measure? 250 InhwjSitit JPrUocrl teafinaiiottiS, 1879. PRELIMINARY SUBJECTS. U0SPEL8, Monday, May 19th : — Afternoon, 4 to 5. Examiner^*,...... , *.J, Clark Murray, LL*D* 1, Who wag (a) the Mother of Jesus, (b) the Mother of John the Rapti3t? (c) How were they related ? 2, ('j) In what town, and in what province of Palestine did the Mother of Jesus reside 7 ( b ) What led to Jesus being born elsewhere 7 3. (a.) What act of cruelty was perpetrated by Herod shortly after the birth of Jesus? (h) How did Jc*n* is this a conspiracy, and state your 9. Point out the difference between larceny and embezzlement. 10 A gave h ig clerk £5, out of which he was to pay for an advert.*- ment he paid *1 but told A he had paid £2, and accounted with i accordingly. Of what offence, if any, wae the clerk guilty, giving reason* f 11. If a beggar obtains a gift 0 f money by making false statements as to h ia condition, what offence, if any, is he guilty of, giving reasons? b*fnV^ n , the - prillCipal fe,0niea which do not a dmit of accessories before the fact, giving reasons in each case 7 eUt '° n Ee faire enVOyere “ P 03session provisoire des biens d'u, 9. Quels sont eeux qui peuvent Stre envovk on biens d'un absent ? Que doivent-Us f aire avant d'eLr ^o^ZT “ pusses 10. Quels SUQ l lee edits de I'absence relativement an mariage? m w [ raa nd£r quel8 088 et par ^ d ’ u “ mar *ire peutelle et re £ (N,B. Ceux qut coiicourent pour la medailte mint a * , ,i toutes lm quest tans* Ceux q u i ne concoarent pas ne boh^L^^ repondre k huit des questions, k leur choix.) ' ia que ^ Examiner v , SECOND AND THIRD YEARS, ROMAN LAW. FaiDAY, March 12th r— 3 to 5 p*m. N, W* TREtf HOlHR, M.A 1* Indicate the different kinds of ownersbiti ktmnm * +l -a tbe nature of the protection enjoyed by each, * *“ »titat!I? at ““ the PriaC4mI m ° des of «**«<» P^erty given in the Is 4 ;^2!£;- nr srcSrr" *?*■ original means of acquiring individual ownership “ “ between his rights and those of a possessor not* i “ ■iiSEirr te ™ B ! mancipl ‘ m "" mancipil “*« ^nptu "• What Were the diffBrent ki “ ds ° f *«» *■— to the Romans, and th, faculty op LAW. 211 il H* respectively in which they were in use, and give the requirements each * What wills exist in oar law, and whence derived / ^ 7; Give the order of abintestate succession by the law of the XU Table*, nd by the Legislation of Justinian? 8 A dies worth $100,000, leaving surviving him a father, two brothers ,,fil ree nephews, children of a deceased sister, and also a halt-brother ami Jf-aisler. How would his estate be divided by our Code, and how under Legislation of Justinian? iiwr y .*** ... 10. Comment s’otablit IWufmit ? Prove fiSErni Kobidoux. 2o. Que faut-il entendre pur fruits naturela 7 par fruits industrials? Par fruits civile 7 * 216 faculty of medicine. 3 d. Qnand leg bois sont-ila conaidfcres comme dea fruits ? Dang quels cai sontrlls considers comme im capital auqiid lusufruitier ue neut ml toucher? 4o. Quelles aont les obligations de rueufruitier avant d T entrer enioui^ nance? pendant sa jouisgance? aprfes sa joule sauce ? 5o. Comment 1'iuafruit prend-il fin? 60. Qu’est-ce que Ie droit d’ usage? Ie dmit d’habitation ? En quoi rei. seniblent-ils principal ement & I’usufrnit el en quoi en diflBrent-ilE ? 7o. Qu ’est-ce qu’une servitude? Comment eont crciea les servitudes i Qu’ enteud-on par fonds servant et fonds dominant ? So. Qu' est-ce que le homage? A quelle epoque peut-il Stre demands » Qui pent le demander? Aux frais de qui est-il fait? 9o. Qu’est-ce qu’un mur mitoyen? Quels murs sont reputes mitoyena ? Quand la presumption de mitoyennete cesse-t-elle ? lOo. Qu’ est-ce qu'une vue droite? Qu’est-ce qu'une vue oblique? Quelle distance Joit-il y avoir, quant aux vues droitee, entre le mur ou cites sont etablios, et 1’ heritage voisin? Quelle distance, quant aux vuesobli. ques ? llo. Quel droit la loi accorde-t-elle an proprietaim d J un fonds enclave ? Quid si r heritage eat enclave par suite d’uu partage? 12o, Qu ! est-ce qu’nne servitude continue? Discontinue? Apparent* ? Non-ap parent.* ? Donnez deg exempleg, (N.B — Les ctudiantg qui ne concourrent pas pour la medailie ne sont t en ™ de r ^POndre qu*a huft des questions h lour choii ; ceux qui concour- i rent, doiveut re pond re k toutes les questions.) faculty of medicine. SESSIONAL EXAMINATIONS, 1 S 80 . BOTANY. J. W. Dawson, LL.D., F.R,S^ &c, 1 . Explain the relations of Carbonic Acid and Ammonia to the nutrition of the plant, 2 . Wh at ingredients are specially needed in fertile soils, and what at* the causes of exhaustion of soils ? FACULTY OF MEDICINE. 221 3. Give the features of continued and relapsing acute Rheumatism, and the relations of these forms to Endocarditis and to treatment 4. The character of the urine in acute Parenchymatous Nephritis — the treatment of the disease, with the doses ? 5. Enumerate the physical signs of tl large-lunged Jt Emphysema, and the consequences of the affection. 6* Describe the morbid anatomy of Diphtheritic inflammation of the mucous membrane. 7 . State the causes of Chorea, and of its cardiac murmurs, 8, The remedies and their doses for Chorea and Epilepsy 7 fl. What are the symptoms of Ulcerative Endocarditis, and what the most important point iu the treatment of acute inflammation of the valves? 10. State the considerations that should guide us in recommending change of climate in consumption. PASS. EXAMINATION IN CHEMISTRY. Examiner^ * .....G- P. Gjrdwood, M,D, h When a ray of light falls on a polished surface of a transparent medium, what becomes of it ? 2. What is meant by the terms, latent heat, specific heat, atomic heat and sensible heat 7 3. Describe the mode of occurrence in nature of oiygen and nitrogen their mode of preparation, and their physical properties. 4. How is Chlorine prepared ? what are its properties ? Describe the manufacture of H Cl. What are its common impurities, and the tests for their presence? 5. Describe the mode of separating mercury from its ores. How many classes of saHs does it form, and what are the teats for the different classes 7 6. What is meant by a saturated hydro carbon 7 write out the formula for otic. What is the difference between an homologous series and un isologous series of hydro carbons ? 222 FACULTY OF LAW. jFamltg of Jtaio. MATRICULATION EXAMINATION, 1880. J'Jx&mimrsy | Me. AmcuiaALD* f Mr. Lar^ap. 1. Translate into English or French tb© following extracts (a) Locus in urbs fait media, laetisslmus umbrae Quo prim um j aclati uadis m turbine Poeni E ffod ere 1 oco sign li m, quod regia J q tm Monstrarat, caput aeris equi ; sic cam for© bello Egregiam ct facilem victu per saecula gentem. Hie te m plum Junoai ingens Sidortia Dido Condebat, douis opulentum et numine divre, Aerea cui g rad i bus surgebant limttia nexsequ© Acre tmbea, fori bus cardo g tridebat aertis. (h) Pm id a luce, quum summits mo ns a T. Lnbieno teneretur, ipse ab h os- tium caatri non longing inille el quiugentis paaatbus abesset, raeque ut pos- ter ex eaptivL coraperit, ant ipsiua adyentus, ant Labient cogaitus es 3 et. Conaidius ©quo ad miss o ad eum adcurrit ; dicit moutem quem a Labieno occupari yoluent ab hostlbui teneri ; id se a Gal l ids aruiU atque msigiiibus cognovisse, Cmsar, Bell, Gall. I., 22. (e) Utiuam, Quirkes, virorum fortium atqiie mnoccntium Co pi am tantam fcaberetis, ut ba;c vobis deliberate difticilis esset, quemuam potissimum tantis rebus ac tantq hello praeheiendum putaretia I Nunc yern quum sit onus Cn. Pompeius, qui non modo eorutu hominum, qui nunc sunt, sed etiam antiqukatis menoriam yirtute superant : qua res ©at qu® cujnsquam an ) mum in bae causa dubium facere possit ? 1 r irg. Mn. I, 441-449. Vie. Pro Leg. Manil . a. 10. FACULTY OF LAW, 223 2. Translate into English Le MAITRI D’iRMlf.— Je vous l’fti deji dit, tout Ie secret des armes ne consiste qu'en deux chose a, i donuer et Si ne point recevoir ; et, com me je TOiisfis voir l’autre jour par raison demonstrative, il est impossible que vous receviez si vous saves detourner I’epfie do votre cnnerai de la ligne da votre corps, ce qui ne depend seulement que d'un petit movement do poignet ; ou en dedans, on en dehors. M. JotJBiuiN.— De cette fai;on done un liotnm, sans emur, est B tir de tuer son homine, et de n’fitre point tue f Moulin®, he Bcurg , Gent. It., 3, 3. Give the future indicative, imperfect subjunctive, and past participle of recevoir, naitre, dtre t alter. The plural of animal, hal, clou, gtnou, ml. 4. Translate into French The Prince wrote to his idol in the style of a worshipper ; and Voltaire replied with exquisite grace and address. A correspondence followed, which may be studied with advantage by those who wish to become pro- ficients in the ignoble art of flattery. No man ever paid compliments better than Voltaire. Ilia sweetest confectionery had always a delicate, yet stimu- lating flavour, which was delightful to palates wearied by the coarse pre- parations of inferior artists. It was ooly from his hand that so much sugar could be swallowed without making the swallower sick. Macaulay, Essay on Frederick the Great. 5. Give the general rule for the formation of ihe plural of English nouns and the principal exceptions thereto. Compare the adjectives had, lovely , proper, and the adverbs mack and well, 6. (a) .4 can do a piece of work in 12 days, a id A and B together can do it in 5 days j in what time can B alone do it ? (6) What sum will amount to $605 in 2^ years at 4 per cent, simple interest ? 1 {a) Reduce to lowest terms the following : _ x—y x 1 + g.y 1 4- * y> i + * y— (b) Solve the equation 2 x f x — 1 ss x — 4 T~ " g. Show that any two aides of a triangle are together greater than the third side. 224 FA€tJLTr OF LAW. 9. Relate the principal events which took place in Canada during the administration of Governor da Froutenac, 10. Give a definition of Logic. What is a Syllogism ? 11. Name the principal English writers who flourished during the reign of Queen Anne ■ nod mention their best known works. U, Name the principal philosophers of the German school. 13. What French general was in command at the battle of Jemmapea ? When was this battle fought, and between whom ? 14, Give the date of the Cession of Canada to Great Britain. FIRST YEAR, CRIMINAL LAW. £xamitier v „ r ,,.. , — PaoyjCBSGit AacmiuLD, L What persons are incapable of committing a crime 7 2. The prisoner was indicted for murder, and insanity was pleaded. The proof consisted of a number of crrcura stances showing strange and unusual conduct on the part of the prisoner: What tests of insanity should the judge direct the jury to apply to this proof to justify &u acquittal? 3 A wife went from house to house uttering base coin. Her husband accompanied her, bit remained outside. Both were Indicted. Should both be convicted 7 and give you reasons, 4. Define larceny, embezzlement^ obtaining by false pretences, burglary riotj conspiracy, libel, 5 Where the prisoner stopped the prosecutor who was carrying a bed on his shoulders, and told him to lay it down or he would shoot him. and be laid it down on the ground, but before the prisoner could take it up he was apprehended: Had the offence of larcency been completed? and give reasons. 6 G. Define murder, nninslaughter. If two persons fight, and after an interchange of blows cn equal terms, one, suddenly and without any such intentmu at the commencement of the fight, snatched np a deadly weapon and kills the other party with it: Is this murder or manslaughter ? and give reasons. FACULTY OF LAW. 225 PREMIERE ANNEE, DEOlT CB1UINEL. JSxamnateurr^ - -.-.-.Paor. Archibald. L Quelles personnel sont ineapables de commettre an crime? 2 . Le prison siier est accuse de meurtre, et plaide alienation tnentale. La preuve oonsiste on plusicura eirconstanees demon trant une condnite strange insolite de la part de V accuse. Quels aonL lee cri teres d’atknaiion mentale que le juge doit ordotmer an jury d’appliquer k cette preuve afip de justifkr [’absolution du prisonnier. 3 . Une femme mariee va de maison eo maison e met tan t de fausse monnak. Son mari Vaccompagne mnls reste dehors. 11 a sont tons dear accuses. Doivent-ils Sire condamnos tom les deux ? Donneas vos raisons. 4 * Defipissez k lnrcin t le larcin par semteur (embezzlement), les fain pretextea, le rol avec effraction (burglary) t Temeute, la conjuration, k libetle. 5o. Le prUoouier avait retenu le poursuivant qui portait un lit sur ses Spanks, lul disant de le deposed sans quoi il ferait feu sur lui. Le pour, auivaot |K>sa le lit k terie, maia k pdaonruer fut arrSte avant de pan voir k prendre. A-t-it commis un larcin ? Donnez vos raisons. Go. Definlssen le meurtre, rhomicide non-preukditS (manslaughter ) . Deux personnel se battent et cchange des coupa de part et d' autre. Soudainement et sans en avoir eu l’inteption an commencement de la hataille, 1 un des combattants saisit une arrae meurtriere et tue son adversaire. A’t-iJ cona- tnk uq meurtre ou un homicide non-prSmSditS ? Donnes yo 3 raisons. 226 FACULTY OF LAW. SECOND AND THIRD YEAR. CRIMINAL PROCEDURE, Examiner, «« * Professor Archibald, 1. Define Criminal Procedure, and divide it into Us several stages, 2. State the principal eases in which an arrest may be made without a warrant by a constable. 3. A police magistrate having received ail information under oath, accus- ng an individual of larceny, issued a warrant, and after arrest immediately committed the prisoner for trial to the Queen's Bench : Was the course of the magistrate legal ? If not, what course should he have followed ? 4. What are the duties and powers of a police magistrate respecting bailing prisoners ? 5 P How is the jury list, grand and petit, formed ? 6. How is the panel of jurors for any term of court summoned, and what are the incidents connected with it 7 7. The prisoner, who wag clerk to the prosecutor, was indicted for embez- zling certain moneys belonging to his master. The evidence showed that the prisoner had received, at different times, several sums of money from the prosecutor, a dealer in skins, for the purpose of purchasing skins. The prisoner obtained the skins on credit, and applied the money to his own use, but debited the prosecutor in his day-book with sc vend sums of money as having been paid for the skins; Was the offence larceny or em- bezzlement ? and give reasons* 8. A person informs a constable; that an individual whom he points out has stolen his watch; at the same time he points out another iadividual whom he declares to have obtained his ring by false pretences Thereupon the constable arrests both without a warrant: Was the arrest legal in both cases or in either ? and give reasons. 9. Several soldiers employed by the messenger of the Secretary of State to assist, in the apprehension ot a person untatvfully broke open the door of a house where the person was supposed to be. Having dune so some of the soldiers began to plunder, and stole some goods : Were ail the soldiers guilty of this larcency ? and give reasons. ( 1 be first six questions only to be answered by students not competing tor the medal ; the whole paper for medical students.) FACULTY O F LAW. 227 DEUX JEM E ET TROJSIEME ANNEES, FROL' EL>U UK CKi MIXELLE. £xarninsr y * *» Prof. Archibald. L Definissez la Procedure Crimsnelle, et indiquez leg diff rentes p^riodes do cette procedure. 2. Faibes ccmnaUre lea principaux cas dans lesquela un constable pent apprebeuder sans un mandat (warrant) ? 3. Un magistral de police revolt une denunciation (information) gouaser- mentj accusant un individu de larcin, ordonne l'§manation d’un mandat (warrant) , cl immed interne nt aprfeg l 1 apprehension de 1 inntilpfi le fail em- prisonner en attendant son proems devant la Conr du Banc de la Reine, A-t-il prochdh t%ftlement? Si non, quelle procedure mimit-il dCt adopter ? 4. Faites conn alt re lea devpirs e L les po.voira dun magistral de police a Tegard du cautionnem&nt des prtwmmera. 5. Expliquez la formation de la liste du jury (grand et petit). * 6. Comment se fait V assignation du tableau des jures pour un terme de la Cour? Donne a les incidents d une telle assignation. 7. Le prisonmer> comrnis du poursuivaut, Fut accuse d'avolr SOUS' rait (embezzled) eerlaines somiues appurtenant k son raaltre. La preuve eta- blit que !e prisonuier avail requ & diiFe rentes epoques plusieurs sommea d 'argent du poorsuivant, marcliand do peaox, pour acbeter dea peaux. Le prisonuier se fit donner lea peaux k credit ci emplojn Targent k son propre ueage, mais dans sou tirre-joiirnal fit pared tre Is poursuivaut cotnme d^bi- teur de plusieura aommea soLdisaut payees pour !es peaux. Le prisonuier est-ii coupable de larcui oil d 'embezzlement? Donnez vos raisons. 8. Une persovme denonce un individu u un constable comrae ayant role sa montre. Eu meme temps il indique un second individu qu'il acccuse d 1 avoir obtenu sa hague sous faux prfetextes. LiVdessus le constable les apprfebende tons deux sans mandat. L'arrestati on est-elle legale dans lea deux eas, ou dans Fun seulement ? Donnez une reponse motive**. jy Plusieura soldata employes par I’emiBsaire du secrelaire d’Etat pour alder dans F apprehension d une per-ionne, forc&reni illigahmmt la ports d ? uoe maison dans laquelle on croyait trouTer Faccuse. L:\-dessus lea soldats commeti cerent a piller, et volcrent quelques effete. ^ont-ils tons coupablffi de larcln ? Donnez vos niisona. (Les etudiants qui ne concourrent pas pour la medaille repondront anx six premieres questions settlement ; ceux qui concourrent ropondront k toutes lea questions ) 228 FACULTY OF LAW. INTER NATIONAL LA W AND INSURANCE. Professor, ... * — W, W. H. Kjcrii, Q,tb f D.C.L. L In order to float a ship after stranding, some of the goads laden on board of her are put into two lighters to be carried on shore ] it becomes necessary, to save one of the lighters from foundering, to jettison some of the goods on board of her : the ship and cargo are totally lost, the lighters reach shore, and land the goods (with the exception of those jettisoned) safely. What recourse have the owners of the jettisoned goods, if any ? 2. A person insured his life for $10,000, payable to his heirs and assigns, and a Policy wag issued in his favor ; he afterwards transferred the Policy to one, of his creditors, to whom he owed $10,000, with the consent of tbs Company, the premiums were regularly paid, and he committed suicide during the continuance in force of the Policy, under the delusion that he had received a command from God to kill himself. Can his assignee maintain an action to recover the amount insured against the Company? Give your reasons, pro or con. 3. During the war between the United and Confederate States, a British vessel sailed from Liverpool in England for Matamoras, no the Rio Grande,— that river being the boundary between Texas, one of the Confederate States, and Mexico— laden in great part with boots fit for soldiers’ use, cavalry fondles and saddles, quinine and rifles,— a portion of this cargo belonging to the Shipowner, One hundred miles from the Coast of Ireland a United States cruiser seized her, and she was in due course, with her cargo, libelled in a United States Prize Court. Upon what grounds was the condem- nation asked for, and what should have been the decree? 4. The land surrounding the Black Sea is owned by Turkey and Russia, the land on both sides of the Straits connecting that sea with (he Mediter- ranean is owned by Turkey, and ia many places is less than six miles wide— apart from Treaty regulations what are the rights of Russia (if any) to the passage of those Straits ? 5. A, the proprietor of a bouse valued at $10,000, insures it against fire For $3, 00Q. B, who holds a mortgage on it, insures it against fire for$d,OO0, amount of his mortgage. The house is burned. What are the rights of the proprietor and the mortgagee against their respective insurers 7 6. The prim© cost of goods insured is $2,000, and they are so valued in the Policy, being damaged by a peril of the sea, they sell for $500 in the market, where their sound price would be $1,000, how much does the In- surer pay? 7. A vessel valued in the Policy of Insurance at $20,000,and insured for that amount, but actually worth $30,000, leaves Montreal for Liverpool with a cargo of the value of $50,000, the freight on the same being $5,000. FACULTY OF LAW. 229 A general average loss occurs amounting to £15,000, how will contribution in that case be divided amongst the different interests, and what amount will the shipowner be entitled to recover from the insurer of the ship ? 8, During the war between Great Britain and France, in 1800, an English vessel was captured by ft French man-of-war belongingto a Squadron : the officers and crew, with the ship’s papers, were taken out and put on board the enemy’s ship, and a prize crew put on board the captured vessel, where they remained for more than twenty-four hours. The prize crew were then removed, and the commander of the Squadron ordered the prize to be burned, which was attempted without success. She was then abandoned, and was afterwards taken possession of by an American ship and safely brought into Boston. Tbe owners and crew of the American vessel filed their libel in one of the United States Prize Courts, the British Consul on behalf of the original owners put iu a claim, and demanded restoration on pay- ment of salvage. The French Consul, on behalf of the French Republic, filed his claim to the vessel and cargo as the property of the Captors, by the law of nations. What should have been the decree of the Court T 9. A Bill of Exchange was drawn and endorsed by the defendants in England, on French subjects resident in Paris (France), and was accepted by them in Paris. The bill on its face was payable on the 5th October, 1870 • before that date the Emperor of the French, in consequence of the War with Germany, enlarged the time for the payment and protesting of current Bills of Exchange for one mouth ; and the time was afterwards enlarged from time to lime by the Government of France for the time being By these enlargements the defendants' bill did not become payable until the 3th September, 1871. On that day the bill was presented to the acceptors, and payment refused : it was protested, and notice of dishonor was given to all parties concerned, in due time, after tbe 5th beptember, 1871 » Can an action be maintained against the defendants in England for ' the amount of the Bill of Exchange and costs of protest, at the amt of their indorsee, for value 7 State jour reasons for yonr opinion ? (The first six questions for ordinary students, the whole to be answered by those competing for the medal and the Professors prize.) 2S0 SCHOOL EXAMINATIONS. SUmbemtg School iSxaminatums 1881. PRELIMINARY SUBJECTS. CEOGHAFHT, WEDNESDAY, 1ST JUNE AFTERNOON, 2 TO 4. Examiner. { J Or. ARK WtriraAY, LL,D. Rev. Prof. Scarth, 11. A. Ohaulbs E, Mofse, B.A. 1 P Define Latitude and Longitude, 2 + (a) What are the two Hemispheres into which the earth is divided by one of the meridian circles ? (b) Which of these Hemispheres is called the Old World ; which, the New ? (c) Which has most water ; which, most 3. (a) What are the two Hemispheres into which the earth is divided by the equator ? (6) Which has most water ; which, mosl land? 4. Name the continents of the Old World, and describe their relative positions. 5. Name any two great rivers in each of the Old World continents, and the seas into which they flow. 6. ( a ) What is an Isthmus ? (b) Name one which joins two continents in the Old World, and one which joins the two main divisions of the New, 7. Name any four of the great mountain ranges of Europe, and describe their positions. 8. Describe the position of each of the following countries, and name its capital Spain, Brazil, Persia, Mexico, Belgium, Greece, Afghanistan. 9. Name in order, proceeding from north to south, those of the United States which lie on the Atlantic coast. 10. Name in order, proceeding from east to west, the provinces of the Dominion of Canada, with the capital of each. 11. Draw a map showing the relative positions of the five great lakes and the course of the St. Lawrence. Ued? FACULTY OV MEDICINE. 181 7. When, between whom, and with what results were fought the battles of Hastings, Bannock bur a, Crecy, A gin court, Worcester, Boyne r What were the Treaty of Utrecht, the Pence of Amiens, the Peace of Paris ! 8, State briefly who were Stephen Langton, the Spensera, Jack Cade, Fairfax, Thomas Cromwell, Kizzio, Laud, Cardinal Pole. GENERAL GEOGRAPHY. 1. Explain the terms Latitude, Zone } Trade-wind^ Simoon , Isothermal tine , If dinette Foie* 2. Name, and state in what parts of the world are found : — (a) The greatest bodies of Fresh water* (h) The largest salt-water lakes. (c) The longest risers. ^ci) The highest mountain ranges. (tf) The widest deserts. 3* What countries produce, in greatest abundance, coal, iron, copper, salt ; wheat, cotton, silk, wool; timber, cattle, hides ! 4, What are the chief foreign possessions of England, and where situated ? 6. Draw the coast line East of Asia from Behring Straits to Malacca, and put in the names of chief islands, countries, cities, and mouths of rivers, 6* What and where are Algiers, the sea of Aral, Bolivia, Borneo, Corsica, the Crimea, Cuba, the Great Belt, Thunder Bay, the Persian Gulf, the White Sea, Cadiz, the Malabar Coast? .ifacultg of iLato ROMAN LAW, FIRST YEAR. March 9TB, 1883 4 to 6 P.M. Examiner^ .. . W. Trenholme. M.A., B.C-L. L Define law ; and point out the different conceptions and forma of law that prevailed at different epochs, according to Maine. 2. What is the true source of law ? And describe and classify under their proper heads of direct and indirect law-making what are called the sources of Roman Law, 3* To what part of law does the first book of the Institutes correspond 7 And describe the legal instiimipns contained therein, and indicate which of these exist in our law. 4, State briefly what you understand by the history of Roman Law; how would you divide it, and what are some of the benefits to be derived from Its study. 5. Give aome account of the Corpus Juris Civil is and of the works composing it fi. Explain fully : Leges Agr arise t Latini, comitia cxiriita y camitia centuriata, emnitia leges §acrfe t lex Canidem, lex Ilorienna t Liclniau rogations. FIRST YEAR, CRIMINAL LAW* Monday, 12tb March, 1883. Examiner r ... ....Professor Archibald. L, Define Larceny. A watchmaker to whom a watch was given by the owner for the purpose of having it regulated, disposed of the watch and applied tlic proceeds to hk own purposes : Waa be guilty of larceny, and give reasons for your opinion ? FACULTY OF LAW. 183 2 . A lady wiping to get a railway ticket, the price of which was ten shillings finding a crowd at the pay place at the station, asked the prisoner, who was nearer in to the wicket, to get a ticket for her, and handed him a sovereign to pay for it. He took the sovereign intending to steal it, and instead of getting the ticket mn away. Was he guilty of larceny, and give reasons ? 3. Upon an indictment far receiving stolen goods found in the posses- sion of the prisoner where there is no direct evidence of guilty knowledge on his part, what circumstances are material in proof of that fact r 4. What were the principal alterations introduced into the law of libel by Lord UampMFs Act: where two proprietors of a newspaper had com- pletely distinct functions, one having charge of the literary, the other of the commercial, each having a general authority to manage his own de- partment, and a libel was published la the literary department during the absence of the commercial editor, and without his knowledge Wt uld the latter be responsible? Would the question be in any way affected by the previous character of the newspaper? 5. Define conspiracy. Is it necessary that the object of the conspiracy should be accomplished ? What circumstances are material to prove con- spiracy ? 6. State the rules of law relating to the limitations of responsibility for criminal acts arising from want of sufficient age* BIBLICGRAPHIE LEGALE* PREMIERE ANISfEE* Marhi, 13 Mars, 1883. Emmirwteur, ««. . ,,-PaoF. Labeau. 1. Quels flout les elements du D'oit Canadian? 3. Quel les soot lea principals ordou nances des rois de France au XYL sl&cle, et dues ce qu’elles contiennent de remarquable ? 3. Qu'est-ce que la Couttune de Paris j et qu'est-ce que UOrdonnance de 1667? 4. Comment £tait organ ts£ft Tad ministration de la justice sons ladomimu tiun frnni;aise ? 5. Quel les sont les prinei pales clauses de 1'acte de Quebec (1774) 7 6. Quell es so it tes prinelpates dispositions de facte const it utionel de 1791. lBt FACULTY OF LAW. FIRST YEAR. CIVIL PROCEDURE* Wednesday, Mahch 14th;— 4 to G p, if. FIRST YEAR. A'xtimintrj -M Hutchinson, BOX. 1. A gives his note to R, a resident of Quebec, dated and made payable Rt Morn real. B endorses it at Quebec, and transfers it to C. Can C sue B alone on the note in the District of Montreal ? Give reasons. 2. A enters into a contract in New York by which he agrees to pay B a sum of money Can B sue for the recovery of bis debt in Montreal 1 Give reasons, and state under what circumstances a declinatory exception would lie? 3. A note is dated and made payable in the District of Bedford, where the maker resides, and is endorsed by A, B and C,also residents of the Dis- trict of Bedford. D, the holder, institutes an action on the note in Mont- real, where he serves C personally f the other defendants being served at their respective domiciles, lias any oae of the defendants a ground fur a declinatory exception ? Give reasons. 4. How would you describe In a suit “The Montreal Cotton Co./ 1 if it was a corporate body, and ( *The Montreal Lumber Uo,* if it was the busi- ness name of a partnership composed of John Brown and Thomas Junes? 5. How is service of action made upon a general partnership composed of several persons ? How upon the captain or master of a ship who lias no domicile in this Province ? How upon a church fabrique ? 6. In how many way} may a defendant resident in Toronto be summoned before our Courts? Describe each. 7. Give ao instance in which a suit may be stayed by & dilatory excep- tion, and state within what delay it must be fyled, and under what cir- cumstances might other preliminary exceptions be fjded later 8 What is the difference between a case of personal warranty and real warranty as regards the rights of the warrantor to take up the defence of the defendant? 9. A default case is pending before our Superior Court founded upon a detailed account for goods sold and delivered. The only witness who can prove the account is iu New' York. Before whom must his affidavit he sworn iu order that judgment may be obtained on it here? FACULTY OF LAW, 185 FIRST YEAR. CIVIL LAW. Thitosdayj 15th MJlEcb, 1883 . Examiner,.,. ... » J. E Rgbidoux, L When and under what coudi Lions does a woman an alien be come a British subject 7 'l t Wliat are the effects of civil death ? 3 Who keeps the registers of civil status? Who has authority to deliver extracts from the saute ? 4. How matte kinds of domicile are known tn the civil law ? What per- sons have no domicil© distinct and independent from the domicile of other persons 7 5. What are the effects of absence : (®) with regard to the property of the absentee, (6) with regard to his eventual rights, (c) with regard to his con- sort ? 6. When and on what grounds may the nulli ty of marriage be demanded by the consorts onltjf When may the nullity of marriage be demanded by parties other than the consorts, and who are the parties who can demand such nullity ? FIRST YEAR. COMMERCIAL LAW, Friday, IStii H a boh, 1883, Examiner, * . ...... ,L, H. Davidsox, M.A., B.O.L, Aya acf/— Partners hip . L Define li Agency,” and state what are euentiah in respect of the con- tract, Who may appoint an agent, or grant a mandate, and who may act as agent? Explain fully the exceptions to general rule in each instance. Explain the maxim Vicarius non habet vicarium 13 2, Explain the particulars distinguishing the following cdasses of com- mercial agents from encb other : (1) Auctioneers from Brokers. (2) Ordi- nary Brokers from Stock Brokers, (3) Ships' Husbands from Masters of Ships. Explain the principle, “ No man can bs alljwed to have an interest against his duly" as applied to agency, 3 What are the chief obligations of the principal towards hit agent ? What U a factor r What sp cial powers does he possess relatively to his principal and third parties f I SB FACULTY OF LAW. 4. What Is the effect of the agent entering into a contract m his own name as to bis principal and as to third parties? Explain fully, 5. Define u Partnership . *’ Slate the different kinds of commercial partnership, defining each. 6. What is the position of partners towards each other, as to the part- nership property? as to dealing with third parties I What declaration is necessary under out law upon the formation of a j artnersfaip ? And what is the effect of failing to ct mply with the law in this behalf f INTERNATIONAL LAW AND INSURANCE. SECOND AND THIRD YEARS. Thursday, 8th March, 1883 ‘—4 to G i\ m. Examiner ^. .... ..W. W> IL Kerr, Q.C., D.CX, L A neutral vessel is hired by a belligerent as a transport, and m then despatched as part of a fleet, carrying troops, lo make a descent upon the coa^t of the enemy, and is captured by one of the la tier’s cruisers/ Is the vessel good prize ? Give reasons. 2 - D t domiciled in Scotland, marries, in London, B, an Englishwoman domiciled in England. D abandons his wife, goes to the United Slates, and there obtains a divorce. B marries again in England, immediately on hearing of the divorce. Is B guilty of bigamy ? 3. A ship is insured for a voyage from Quebec to Liver pc ol, but clears for London. The master, however, in lien ol holding the vessel's course for London, sails direct for Liverpool, and the vessel arrives there in a damaged condition caused by perils of the sea. Is the insurer liable? Give reasons. 4. During the war between the United and Confederate States a vessel sailed from Liverpool, bound for Matamoras, in Mexico, a neutral port, loaded with arms and munitions of war. When wiiliin 2 miles and a half of the Coast of France she w as overhauled by an American cruiser, taken possession of, and carried into an American port, where vessel and cargo were libelled as prize of war. Were the same good prize, and who would be the proper parties, if any, to claim the delivery to them of said ship and cargo? Give reasons. 5. D, a German, emigrates to the United States, acquires a domicile in tli* State of New York, and becomes naturalised , he then abandons Ins domi- cile there, sails for England, with the intention of acquiring a domicile in FACULTY OF LAW. 187 Scotland, but dies intestate on Lis arrival at Liverpool, leaving moveables in the State of New York. By what law is the succession to those move- ables regulated ? Give reasons. 6. A applied to an agent of an Insurance Company to effect a policy of insurance on his property to the extent of $2000. This application was refused by the agent. A then applied to another agent of the same Com- pany, and the risk was accepted and policy issued without his revealing to such second agent the previous application and refusal. The premises were burned during the continuance of such policy. Is the Insurance Company 1 i able ? Give reas on s . SECOND AND THIRD YEARS. ROMAN LAW. March *>th, 18B3 4 to 6 f. m. Emminer t N. W. Treitoolmh, M.A., B.C.L. 1. Point out some of the successive steps in the development of the Roman law of contract. 2. How is ohligatio defined in the Institutes, and what is the value, if any, of the division of obligations given therein? What other division is there? 3. Give some account of the growth of the law of pignut in Roman Law, and of the actions connected therewith? 4. Indicate the principal differences in the obligations of the vendor and remedies of the purchaser as regards warranty in Roman Law, in old French Law and under our Code. 5. What are the actio redhibitoria, actio quanii minority when may they be exercised, and to what branch of Roman Law are we indebted for our law on this subject ? S. What is the condictio indebiti, when did it lie in Roman Law, when does it lie in our law, and what are the obligations of tbs debtor thereunder by our Code ? 7. Wlrnt are the different kinds of d^positum, and point out differences in the obligations of the parties in each ? 8. Give an historic account of the different kinds of sureties in Roman Law, and of their obligations and rights. 9. Define, maims, canfarreatio, UBtietipio, dominium, Jus Latinum, Jus Italicum , Bon or urn possesio f coTtitia cur into, centuriata and triiwta, principum placita. The first six questions for ordinary, and all nine for medal. 188 FACULTY OF LAW* OKI U INAL PROCEDURE AND CONSTITOTlGxVAL LAW. SECOND AND THIRD YEARS* Monday, 12th March, 1833. £zaminerj , * *..***■*****,♦* Prop, Archibald, 1. What are the principal parts of an indictment ? 2. C harles Henry, on March 1st, stole ten yards of broadcloth from a firm doing business under the name of Francis Smith & Co„ composed of Francis Smith and John Jones, at Montreal : Draw an indictment against him r Insert also a count for receiving stolen goods (that is the same goods) against him. 3. What do you understand by the terms jury list, panel of jurors? Bow is the jury list formed 7 4* Give a resume of the proceedings before justices necessary to arrive at the committal of a prisoner for trial. 5 h Describe the process by which the attendance of a sufficent number of jurors at the sessions of the criminal court is secured. 6 .Give your views and arguments as to the constitutionality of the Act, 45 Vic. cap. 22, imposing burdens on certain corporations. 7. The directors of a joint stock bank, knowing it to be in a state of Insolvency, issued a balance sheet shewing a profit, and thereupon declared a dividend of six per cent. They also issued advertisements inviting the public to take shares upon the faith of their representations that the bank was in a flourishing condition. Were they guilty of any, and if' so what criminal offence? S. Two persons were joint proprietors and editors of a newspaper, one, however, having complete control of the literary and the other of the com- mercial departments, neither interfering wuh the other, or knowing what the other did. A libel was published in the literary department during the absence of the commercial editor, and without hia knowledge. The literary department of the paper had frequently previously contained libellous matter. Ought the commercial editor to be convicted of the libel? 9. Have our local Legislatures jurisdiction to pass laws restraining the sale of intoxicating liquors on Sundays, or after 11 p.m* on other days? Give reasons for your opinion* * Competitors for the Medal answer the wLole the first six questions. paper, oLlierts will answer ouly FACULTY OF LAW. 189 SECCLVDE ET TROISIEME AXXfcKS. LOI CIVILE. MabijI, 13 Mass, 1883. Examinateu^ .. * Pkof. La beat. 1. Quelles sont leg quality 9 requises par la loi pour que ta pomioa soit utile i\ la prescription 7 2. Qtfentendez-Tous par possession precaire, et qu’^ppelez-vous inter- version de ti l re 7 3. Quelle i sont lea c hoses que la loi declare im pres crip tibles 7 4. Quelles sont les causes qui Lnterrompent la prescription? 5. Quell es sont les causes qui sus pendent le cours de la prescription ? 6 . Dans quels cas pent*on iuvoqner niilement la prescription de 30 ans. et dans quels cas peut-on invoquer eelle de 10 ana ? 7. Quelles sont les personnes sujettes a rempriionnemeut en matieres civiles ? 8. Quelle est la difference entre le privilege ei rbypotb^que? 9. Comment et dans quel ordre s’etablit ie privilege sur les meubles, et sur lee immeubies? SECOND AND THIRD YEARS. CIVIL PROCEDURE. Wednesday, March I 4th:— 4 to 6. SECOND AND* THIRD YEARS. Examiner 1 M. HctchibsoNj B.C.L. 1. A is sued on a promissory note which be alleges in bis plea is forged, upon whom at the institution of the action refill the burden of proof, and bow may it be thrown from one party on to the other ? 2. What is a demurrer? Give an example. 3. W bat 1 b the object of an Intervention! in a suit ? At what stage of the suit can it be fyled, and what h the effect of it when allowed ? 4. Can a husband joined in a suit merely to aufhori&e bU wife he sum- moned <0 answer interrogatories *tir fail* et articles f Can he be examined as a witness ; if so, for whom and under what circumstances? 190 FACULTY OF LAW* 5. Haw can a corporate body which is a party to a>uit answer inter* rogatories sur fails et articles? Can supplementary questions be put? Give reasons. 6. In what cases may evidence be taken before the trial of the cause? State how such evidence is taken both as regards witnesses in this pro- vince and in a foreign country. 7. A suit is pending in Mo: treat. In how many ways may! the evidence of witnesses resident at Quebec be obtained ? Describe each mode, 8. A landlord claims from his tenant $500 damages done to a house rented by the latter. The tenant applies for a jury trial. Is he entitled to it ? Give reasons. 9. Hnw f and before what Court must judgment be obtained on a verdict of a jury for the plaintiff? How opposed ? SECONDE ETTROISIEME ANNEE. LOI CIVILE. 15 Mars, 1883. JExaminateur, ..... ......... Pro*. J. E. Robidoux, 1. Qu’entend-on par fruits natnrels et par fruits civils ? Comment s‘ac- qui&rent les fruits naturels? Comment s'acqui&rent leg fruits civils ? 2. Quaad l’usufruitier peut-rl se liberer en rendaut V estimation men tio- l{ u6e dans l 1 article sui van t, “ Si l usu fruit comprend des choses dont on u pent fa ire usage sans les consotnmer, com me 1’ argent, les grains, les u liqueurs, rusufruitier a le droit de ren servir, mais it la charge d’enrendre il une pareille quantite, quail tu, on four estimation t a la fin do riisufruiL” 3. Qael lea sou t leg dispositions dti Code Civil rehuivement 1 k Fusufrait des amm&ttx? 4. En qitoi une stipulation faite en vertu des dispositions de Particle 1029 du Code Civil 7 f *Gn peut. pareitlement etipuler an profit d^n tiers, iors- *' q lie est la condition d'un contra! que I on fait pour sobmOme, ou u d ime donation que Ton fait h un autre n ressetnbie-t-elle h, une substitu- tion 7 En qnoi en diSere-t-elle ? 5. Par quel a etc peut-on creer one substitution ? Qui peut se privalojr du defaut d T enregistreoient d’une substitution? 6. Quelle difference y a-t-il entre les droits de Pnsufruitier, lx Pexti notion de l-usufruit et les droits du grevd de substitution, a Pouverture de la subs- titution? FACULTY OF LAW. 191 7. Un usufrmtier protestant est-il tenu de payer les rotisations impost' eg sur un immeuble &njet h son usufruit, poor V erection dhine epiise OUho- lique, le nu proprktaire etaut catfaoliqne 7 8. Qaand 1' alienation finale dea bkns substitu^s peut-elle avoir lieu valk dement pendant la substitution 7 9, Quelle dolt etre la nature du tilre con tenant nne prohibition d’alfiiines* N B. — Lea 61c vea qui ne concourent pas poor la medaillo ne repondront qiraux six premieres question?. Ceux qui concourent pour la medaille repondront k toutes les questions. COMMERCIAL LAW. SECOND YEAR;— THIRD YEAR FOR DEGREE OF B.C.L. Friday, 16 th March. Examiner,"..,, Prof. Dated son. Partner skip — Joint Stock Companies. 1. Define “Partnership/’ and specify what is essential to its existence. State the rules as to determining whether a partnership exists or nut rela- tively to third parlies and apart from special agreement evidencing it. Explain fully, 2. Name the different kinds of Commercial Partnerships, and define each explaining the position of the partners in regard to third parties. Explain fully. 3. Explain the points of difference between Joint Stock Companies and (1) Ordinary Partnerships and (2) Corporations proper. How are Joint Stock Companies formed? Explain the steps necessary. 4. Explain these maxims applicable to Partnerships: “ Tenet iotum in fI commum et nihil separatist per se t ” and Each partner is lt przepositus negotiU societatisT 5. In what wny may partnerships be dissolved? What is the efiect of dissolution as to the partners themselves? As to their liability towards third parties for the debts due at the time of the dissolution ? As to debts incurred after dissolution in the name of the firm ? 6. What is the rule as to the application of private property of ihe members of the firm to the partnership liabilities ? 7. May partnerships unlimited as to duration be dissolved at the will of any one of the partners, and if so how ? Explain at length. 192 FACULTY OF LAW. 8. How far pan one partner bind the firm by guarantee given in Its name fur the debt of & third party 7 Give the test of the validity of such a guarantee. 9. What arc tlie powers of Directors of a Joint Stock Company tinder the Dominion Act? How are they regarded in their dealing with third parlies 7 To what extent do they bind the Company? (The first six questions are for ordinary students ; those competing for the Medal must answer all the questions.) THEORY AND PRACTICE OF NOTARIAL DEEDS AND PRO- CEEDINGS, Tuesday, 13th March, 1883 to 6 t\ m. Examiner, Lewis A, Hart, M.A., B.O,L, 1. Mention and explain the principal divisions of notarial deeds, (l)as to their form, and (2) as to their substance or matter. 2. In what form should the accessory acts necessary to complete the principal deed be made, in those eases where the law requires the deed to be passed before a notary ? Mention some instances, and give reasons for your opinion. 3. What are the eases in which a notarial deed must be passed m brevet ; and stale the reasons why, in such cases, the deed cannot be made en minute ? 4. Can a notary stipulate or accept for an absent party ■ and, If not, why not? 5. Draft the mentions to he made In the principal deed and on the docu- ment annexed, (l) when the latter is executed under private seal, and (2) when it Is made en brevet . 6. A notary, assisted by witnesses, is receiving the will of a sick person whose death may at any moment occur. The testator declares that he can sign i but when he takes the pen in hand to do so, he states that be cannot sign on account of momentary weakness, and that he will sign presently. What should the notary do in such a case ? Draft the closing pari of a will made under such circumstances. 7. When a party has falsely declared in a deed that he did not know bow to *ign, is the deed null Y How is it in the case of a will 7 Give reasons for your opinion. FACULTY OF LAW, 193 8. A notary is called upon to receive a will for a stranger, of whose language be is ignorant, and who does not understand English. Two witnesses are at hand to assist in receiving the will, but one of them only knows the English language, while the other witness undersi&nds both English and tire language of the testator, and acts as interpreter. The notary, assisted by these two witnesses, executes the will in the Eneli&h language. Is the will valid ? What is the jurisprudence of our courts upon the subject ? 9. What are the cases m which it is advisable to stale whether a deed has been passed in the fore or in the afternoon 7 What advantage mix j sometimes result from such mention ? Students not competing for the Medal will answer the first six questions only; those competing will answer the whole paper. Uni wait# *rijool lEranunatfons. ENGLISH GRAMMAR. (Pri slminaey.) Monday, Junk 4 th s—MornikG] 9 to II* Fzaminers I Oh as. E, Moyas, B A. Rev. A. Williamson, Rev. Prof. Sc a nr r, M.A. Rev. C. P, Read, M.A. 1. Into what classes may nouns and adjectives be divided 7 Give in- stances. 2. In what cases are capital letters to be need instead of small ? 3. Give a plain rale for the gender of nouns, 4. What do you mean by root, derivative, inflexion, prefix, tense, transitive 7 5. What is the meaning of a 4 direct object f and an 1 Indirect object ’ in a sentence ? 6. W hat are * simple, 1 1 compound/ and ‘ complex 1 sentences ? Give exam plea. 7. Give the past tense and complete participle of i split, read, shine, think, slide, spring, stride. 8. From what sources are English words derived 7 Give any marks by which their different origins may be distinguished. 9* What Is the difference between a personal and a relative pronoun 7 10. Write the pi oral of pea, penny, this, money, die, memorandum. 11. Analyse u 110 w up the second series of sub-orders of insects, in which the different segments of the body shew a strong tendency to remain equal in size, a* in the larva State : in other words, there is less concentration towards the head?* FACULTY OF MEDICINE. 181 7, When, between whom, and with what results were fought the battles of Hastings, Bannockburn, Crecy, Agincourt, Worcester, Boyne r What were the Treaty of Utrecht, the Peace of Amiens, the Peace of Paris ? %. State briefly who were Stephen Langton, the Spensers, Jack Cade, Fairfax, Thomas Cromwell, Rizzio, Land, Cardinal Pole. GENERAL GEOGRAPHY. 1. Explain the terms Latitude t %one f Trade-wind) Simoon , hothermal line, Magnetic Pole. 2. Name, and state in what parts of the world are found : — (а) The greatest bodies of fresh water, (б) The largest saltwater lakes. (e) The longest risers, fcf) The highest mountain ranges, (tf) Tlje widest deserts. 3. What countries produce, in greatest abundance, coal, iron, copper, salt ; wheat, cotton, silk, wool j timber, cattle, hides ? 4. What are the chief foreign possessions of England, and where situated 7 6. Draw the coast line East of Asia from Behring Straits to Malacca, and put in the names of chief islands, countries, cities, and months of rivers. 6, What and where are Algiers, the sea of Aral, Bolivia, Borneo, Corsica, the Crimea, Cuba, the Great Belt, Thunder Bay, the Persian Gulf, the White Sea, Cadiz, the Malabar Coast? jfaruttB of Hato ROMAS LAW, FIRST YEAR. March 9th, 1883 4 to 6 p.m. Examiner,.*.** **.,*„$L W, Trexholme. Mi., B,C.L. 1. Define law ; and point out the different conceptions and forma of law that prevailed at different epochs, according to Maine. 2. \\ hat is the true source of law ? And describe and classify under their proper heads of direct and indirect law-making what are called the sources of Roman Law. 3* To what part of law does the first book of the Institutes correspond? And describe the legal institutions contained therein, and indicate which of these eiist in our law, 4. State briefly what you understand by the history of Roman Law; how would you divide it, and what are sums of the benefits to be derived from its study, 5. Give some account of the Corpus Juris Civilis and of the works composing it. 6. Explain fully : Leges AgrarUc t La tint] comitia curinta , comitia centuriata, comitia trikuta l leges saerse t tex Canuleiuj lex MorUnsia f Liciniau rogations. FIRST TEAR, CRIMINAL LAW. Monday, 12th March, 1883. Examine ««■—»*.. ... Professor Archibald. 1. Define Larceny, A watchmaker to whom a watch was given by the owner for the purpose of having it regulated, disposed of the watch and applied che proceeds fro his own purposes : Was he guilty of larceny, and give reasons for your opinion ? FACULTY OF LAW. 183 2. A lady wishing to get a railway ticket, the price of which was ten shillings, finding a crowd at the pay place at the station, asked the prisoner, who was nearer in to the wicket, to get a ticket for her, and handed him a sovereign to pay for it, He took the sovereign intending to steal it, and instead of getting the ticket ran away. Was he guilty of larceny, and give reasons ? 3. Upon an indictment for receiving stolen goods found in the posses- sion of the prisoner where there is no direct evidence of guilty knowledge on his part, what circumstances are material in proof of that fact ? 4. What were Ihe principal alterations introduced into the law of Irbe! by Lord Campbell’s Act : where two proprietors of a newspaper had com* pie tely distinct functions, one having charge of the literary, the other of the com mere ial. each having a general authority to manage his own de- partment, and a libel was published in the literary department dim cor the absence of the commercial editor, and without his knowledge. Waild the latter be responsible ? Would the question he in any way affected by the previous character of the newspaper? 5. Define conspiracy. Is it necessary that the object of the conspiracy should be accomplished ? What circumstances are material to prove con- spiracy ? 6. Slate the rules of law relating to the limitations of responsibility for criminal acts arising from want of sufficient age. lillH.ICGRAL’ME LSOALE PREMIERE ANNEE. Mabdi, 13 Maes, 1883* E^aminateur ....Paop. Labbau. 1. Quels sont les elements du D'oit Caimdien? 2. Quel les sunt les principals ordonnances des rois de France au XVI. siede, et dites ce qu s e!lea contiennent de remarqunble 7 3. Q.ii'cst-ce que la Cuutume de Paris ; et qu’esLce qua rOcdoimance de IGG7? 4. Comment etait organUce l 1 administration de la justice sous la domina- tion frsn^atse '! 5. Quelles sont les principals clauses de l’acte de Quebec (1774) ? 6. Quelles so tt les princlpales dispositions de facto constitutionel dc 1791. 184 FACULTY OF LAW* FIRST YEAR. CIVIL PROCEDURE. WE»NasruYj March 14th 4 to 6 p. m. FIRST YEAR. M. Hutchinson, R C.L. 1. A gives his note to B, a resident of Quebec, dated and made payable at Montreal. B endorses it at Quebec, and transfers U to C. Can C sue B alone on the note in the District of Montreal? Give reasons. 2. A enters inlo a contract in New York by which he agrees to pay B a sum of money Can R sue for the recovery of his debt in Montreal ? Give reasons, and state under what circumstances a declinatory exception would lie? 3. A note is dated and made payable in the District of Bedford, where the maker resides, and is endorsed by A, R and U,a!so residents of the Dis- trict of Bedford. D, the holder, institutes an action on tne note in Mont- real, where he serves C personally, the other defendants being served at their respective domiciles. IJas any one of the defendants a ground for a declinatory exception? Give reasons. 4. How would yon describe in a suit “The Montreal Cotton On., 1 ' if it was a corporate body, and “The Montreal Lumber Co.,” if it was the busi- ness name of a partnership composed of John Brown and Thomas Junes? 5. How is service of action made upon a general partnership composed of several persons Y How upon the captain or master of a Ship who has no domicile in this Province? How upon a church fabrique ? 6. In how many ways may a defendant resident in Toronto be summoned before out Courts? Describe each. 7. Give an instance in which a suit may be stayed by a dilatory excep- tion, and state within what delay it must be fyled, and under what cir- cumstances might other preliminary exceptions be fyled later. 8 Wf Imt (3 the difference between a case of personal warranty and real warranty as regards the rights of the warrantor to take up the defence of the defendant? 9. A default case Is pending before our Superior Court founded upon a detailed account for goods sold and delivered. The only witness who can prove the account is in New York. Before whom must his affidavit be sworn in order that judgment may be obtained on it here 7 185 FACULTY OF LAW, FIRST YEAR, CIVIL LAW, Tbb&sday, 15th March, 1883. Examiner,** * J E Robidodx. 1. When and under what conditions does ft woman an alien be come a Britt sb subject 7 2, Wlm l are the effects of civil death ? 3 Who keeps the registers of elf'll status? Who has authority to deliver extracts from the same? 4. How many kinds of domicile are known to the civil law? What per- sons have no domicile distinct and independent from the domicile of other persons ? 5. What are the effects of absence : (a) with regard to the property of the absentee, ib) with regard to his eventual rights* (c) with regard to his con- sort ? 6. When and on what grounds may the nullity of marriage be demanded by the consorts B c L 1 Mention and explain the principal divisions of notarial deeds, (l)as o their form, and (2) as to their substance or matter ?' sbould the accessory acts necessary to complete the prin ctpul deed be made, in those cases where the law requires the deed to y ou^o pin ion OTe & ' JtUr ‘ V ? ^ IeDt ' 0n SOme instance*, and give reasons for and I'*? thC “** T Which * n0tanAl deed mustbe P^cd en brevet; SIT r " a80nS * 8UCh ** ^ «tbe made m not ? CaU a n ° tar “ V atipulate or a ecept for an absent party ; and, iruot, why t nTTT lhe , m ^ tio i QS to be made m the principal deed and on the docu- h .. D Xe } £1 ^ 7 hen tbe IaUer is exectJt€ ^ under private seal, and (2) when it is made m brevet w fi. A notary, assisted by witnesses, is receiving the witl of a sick person . ° Se , i"" 1 '. 81 aTI ’ cloment °ccur. The testator declares that he can fn L“, " '‘"I tok(!3 > len ,o do so, he states that he cannot ,,,, . C , I ’ I '° 0 a,omenta ry weakness, and that he will sign presently. !lllt U V e n °' llry 110 in s "cha case? Draft the closing pari of 'a will made tinder such circumstances. how h a par ' y b 1 RS f * , * e, y declared in a deed that he did not know 18 the deed nul1 7 How is it in the case of a will 7 Give reasons lor your opinion. 193 FACULTY OF LAW. 8, A notary is called upon to receive a will for a stranger, of whose language He is ignorant* and who docs not understand English, Two witnesses are at Hand to assist in receiving the will, but one of them only know's the English language* while the Giber witness understands both English and the language of the testator, and acts as interpreter. The notary, assisted by these two witnesses, executes the will in the English language. Is the will valid? What is the jurisprudence of our courts upon the subject? 9. What are the cases in which it is advisable to state whether a deed has been passed in the fore or in the afternoon? What advantage may some times result from such mention ? Students not competing for the Medal will answer the first six quesdons only; those competing will answer the whole paper. ©niucrsitj) ^djool Examinations. EXGLISH GRAMMAR, (PmS£,im*naby.) Monday, June 4th Morning, 0 to 11* C Cftas. E Moyse, B A. &zamner& .«****. 1 R»v. A. WiuliamsoK a Ref. p H0Fi Sc A El tit, M.A* t Rky. C. P. Read, M.A. 1. Into what classes ma y nouns and adjectires be divided? Give in- stances. 2. In it bat cases are capital letters to be used instead of small ? 3. Give a plain rule for the gender of nouns. 4. What do you mean by ■ root, derivative, inflexion* prefix, tense, transitive? ' ' 5. What Is the meaning of a * direct object ’ and an ■ indirect object 1 In ft sentence 7 6. What are ‘ aim pie,’ < compound,- and' complex’ sentences 7 Give examples. 7. Give the past tense and complete participle of split, read, shine* thinkt slide, spring, stride. K From what sources are English words derived ? Give any marks by which their different origins may be distinguished. 9. What is the difference between a personal and a relative pronoun ? 10. t\ rite the plural of pea, penny, this, money, die, memorandum. 11. Analyse Me non take up the second series of sub-orders of insects, in which t e different segments of the body shew a strong tendency to remain equal in sEztj a* in the larva state : in other words, there is less concentration towards the head.* 4Fant!tg of Ea'jo. 1884. COMMERCIAL LAW. Tuesday, IBtft Marcs. FIRST YEAR AGENCY. Professor, L. H. Davidson, M.A. t D.C.L I. Flaw may the relation of principal and agent be created in commer- cial matters ? State how the powers and duties of the agent are to be determined under the several modes of appointment? Name the principal classes of commercial agents. 2 How is the remuneration of the factor determined ? What is meant by a del credere commission ? When does it become due to the agent ? What is its effect as to the principal ? 3. Explain the difference between a factor and a broker. Is there *any difference in the rights of one and other as to remuneration, and if so what ? 4, U there any difference, and if so wbat, in the liability towards third parties of a home and foreign factor? What is meant by the ^lien ” of the FigeiV, and when and to what does it attach ? How may it be lost ? 5 What is the effect as to third parties of the possession by, or the entrusting to, an agent of the goods ofhia principal ? Explain fully. <5. flow may the agent's power to hind his principal be terminated ? 252 FACULTY OF LAW. COMMERCIAL LAW. Tuesday, I8th Mahcu. SECOND AND THIRD YEARS. BILLS, NOTES AND CHEQUES. Professor, L. H. Davidsoh, M.A., D.C.L. 1. Give definition, respectively, of a bill of exchange, promissory note and cheque ; and explain what parties to these several instruments aland in similar position ns to liability. 2. What is meant by “ Consideration " in reference to bills and note* and alien may it be enquired into? What is the effect of absence of con- alteration between the original parties in the case of a subsequent bona fide holder for value receiving the bill or note^l) before nmlnrity, (2i after maturity? 3. It hat is the effect of acceptance of a bill as to the acceptor ? of the indorsement of a promissory note as against the endorser? of the accept- ance or certification of a cheque as to the bank accepting ? Answer fully. 4. What is the rule as to the “ Equities ■* in reference to bills, notes and cheques, and eiplam when it applies and its extent? 5. Er plain the steps necessary to be taken to hold tbe parties in case of non-acceptance ora bill, and non-payment of a bill or note? 6. What are “Days of Grace? " and m what cases are they allowed? T. What is the general rule as to the effect of an alteration in a'bill of note after its issue ? and in what cases does the rule not apply ? 8. Wliat is the effect of uon-presentment within a reasonable time of a cheqoe payable on demand, (1) as to the drawer and endorser, (2) as to the Bank when presented ? t 9. What is the rule as to the forgery of the signature of the drawer of a cheque, and a* to the alteration of any other part of the instrument in re- gard to tbe liability of Bank paying tbe cheque ?and explain. iVB. Competitors for the Medal will answer all the knly the first ai* questions j others FACULTY OF LAW. 253 FIRST YEAR. CIVIL PROCEDURE. Friday, March 14th 3 to 5 t“-“. Emmimr,... “• Hoachmsm, B.O.L. 1. Id how mini v ways may fl debtor resident at Halibut he summoned before oar courts? Describe each mode. 2 How is service effected upon ship captains who have no dotoicUe in Quebec 7 How are church fabriques served ? 3. A suit ia to be taken against the Collector of Customs by reaeon of some net done by him in the exercise of his functions at Montreal, Under what circumstances,, if any, could this suit be taken at Sherbrooke ? nnd what notice must be given before taking the suit, and what must it specil j * 4. A suit is to be taken for separation from bed and hoard by a wife against her husband ; the husband is domiciled at Quebec and the wife at Montreal. Under what circumstances, if any, could die suit be taken in Montreal ? 5. /V debt is contracted in New York between two Germans, Under what circa instances, if any, could suit be taken in Montreal for the collec- tion of ibis debt ? 6. B, a minor, is injured by the careless driving of 0, who is in the em- ploy of l> and driving D*s horses. How can B take suit for the recovery of damages ? and by whom and against whom ought suit to be brought ? SECOND AND THIRD YEARS. CIVIL PROCEDURE, Friday, March 14th : — 3 to 5 akd 3 to 6 p m. Matmimr, HdMH»k>h, B.C.L. 1, A is arrested under ft capiat at the instance of B; he petitions and succeeds in quashing the capias. Has A a good action of damages against B ? Give reasons. 2. A contracts a debt in favor of B in Sew York. A afterwards secretes his property and effects and comes to Montreal with a por lion "fhu Shorts. Can he be arrested under a capias by B in Montreal ’ Can bis goods here be seized be fare judgment? faceltt of law. 254 a An action accompanied by a capiaa is taken for the recovery of a debt of $- 0 . rhe debtor is arrested, bnt the capias is afterwards quashed ' lli * t 00urt hns jurisdiction to give judgment for the debt ? If there had been no arrest how could judgment be obtained for the debt 7 4. A traveller g.vca his watch to a hotelkeeper for safekeeping ove , mgbt ; it is taken away, and it is necessary to revendicate it Who can lake this action, and what affidavit is necessary to seise it before judg- 5 A landlord leases a shop to a fruit denier. The rent is not paid and the landlord seizes, and among other effects seized are one hundred cuesef oranges. If the landlord merely asks for a money condemnation for toe amount of hi. rent what delay must he give the defendant before he can take judgment I and what are bis legal rights for the protectioo of him- self against the perishable nature of the goods seised? What would be b.s legal right if ho claimed the goods as his own, and was attempting to revindicate them ? 1 s w 6. What public notice must be given m suits for separation of property ? and hi what stage ? What notice m suits for separation from bed and board ? and what are the requisites in order to give jurisdiction to the court in these cases ? i- A is insolvent. B has a judgment against him for $5,000 and has fizzed A s effects, and is about to sell them. What right has 0, another creditor of A’s, to share in the proceeds of the sate to be made by B and how can 0 enforce his rights ? 8, If in the case of the last preceding question C was A’g landlord, and had a hen on the effects seized by B, what would be Os rights, and what proceeding should he take to he paid his rent ? * 0nder what ciTCiimstauees may a perso /imprisoned compel his ere- dilor to pay him an alimentary allowance? 1 he last three questions to be answered medal. only by candidates for the FACULTY OF LAW, 255 PREMIERE ANNEE, LusdIj L7 Maes 1884, Eiabunatuvr, Vmr. J - E RoBittODi. 1, Qui e>sL snjet britannlque ? 2. (a) Comment se perdent les droits civil 7 (£) Quels sont les cffets de 1 a mart civile 7 3* (a) Qu*enteiid-on par possession proviso ire 7 (&) Quand y a-t-il lieu & tii possession provisoire? (Jomment s'oblient i’eavol on possession pro- visoire 7 4. («) Quelles goat les formalites relatives A la celebration do tnariage l (h) Quoad y a-t-il lieu it la ciemande en nullite de manage ? 5* (a) Qusuid j a-t-il lieu ala separation de corps? {£) Quelles sont tea formalites de la demande en separation de corps? 6. {a) A qni sent con fids lea enfaats dans le cas de separation de corps ? (6) Comment prend-elle tin ? FIRST YEAR, March 17th* 1864. Examiner^, ■* - P*>F- X B. HosiDOni. 1. What is a British h abject ? 2. (a) How civil rights are lost? (6) What are the effects of civil death? 3. (a) What is provisional possession ? (?>) When does it takes place T How is it obtained ? 4 (A) What are tlie necessary formalities for the celebration of mar- riage? (6) When may the nullity of marriage be demanded? fi* (a) When separation from bed and board may be demanded? (b) Wha are the ncocaanry formalities of a demand of separation from bed and board ? 6- (a) To whom are the children entrusted, in cage o* separation of from bed an j board 7 (i) How separation from bed and board may be ended ? 256 FACULTY 0E LAW. SECOND AND THIRD YEARS, March 17 th, 1884 £Wn j. E. Eobi&odx. L (d) Why must the marriage contract be made? ( h } la what form must it be made? (r) When and bow can it be modified? (rf) Who are the parties to a marriage contract? (e) Quid, if one of the parties refuses his consent to alterations? 2. O) What U a regimen {regime) ? (t) How many are recognized by the Code? (c) Define each of those admitted by the Code ? 3. (a) What is legal community? (A) In what does it differ from part- nership ? (e) What are the principal mod ill cat Eons which can be made to the legal community ? (d) State in what consists each of those modifi- cations ? 4 (a) What are the debts due by a succession which fall or do not fall on the community, as regards the creditors? (A) What are the deb y due by a succession which tall on community, as regards the consorts 7 5. (a) What is compensation (rScompenu) f (h) What compensation is due by one of the consorts to the community ? ( c ) What compensation is due to the community by the consorts ? e. (a) What properly form the dmd&ble mass of the community ? (6) How is it determined? (c) What properties must the consorts return? What do they pretake ? T. (a) How many kinds of dowers are there r <&) On what property is customary dower constituted? Ce) Wbat is the customary dower resulting of a second marriage ? 8. When may the wife be deprived of her dower 7 9. What are the dispositions of the •H-45th Victoria (Quebec! as to dower ? 10. in wbat state are things which are subject to dower taken by the dowager? 11. What rights has the wife on the additions made to the thing subject to her dower? N.U. Those not competing for the medal need not answer the three last question*. FACULTY OP LAW. 257 ROMAN 1 LAW. SECOND AND THIRD YEARS. T bespat, March l Ith, 1884 : — 3 to 5 ; 3 to e tor Mebal. Examiner, W ‘ Tnnaoun, lhA. 1 . Point out briefly the nature and importance of the division of res, into ret muncti and ret nee maneipi f 2. W bat things are movable and what immoveable, in our laws acid point out tins importance of this division ? 3. What are the rights of a possessor ( Which is the moal CiT; ' 5 ll Cl,n W U3 th* largest empire ? W The name of that ritenSr® “ le Rre lt m<,tltltain ra:1 * es of •*! Bay where each is ^Define the limits of the three great natural sections of the tlnited dA Name* the !>r* A bl ° |M% the Valle . v > ‘he Pacific Slope. (4) Name the prmcpal rirers on the Atlantic Slope. of tbe ^ ■-«"** ° f 1 o*— * Name its chief tributaries, and 8. Give the position of Wo u dun U here are Kartuam sod Su&kim Y SESSIONAL EXAMINATIONS, 1886. SECOND AND THIRD TEARS. INTERNATIONAL LAW AND SALES. Examiner, PnoFitssOR W. H. ***», Q-O-i D - CIj ' 1. A sold verbal’.)- to B, 1,000 bushels of wheat at $1 in three days, U per sample, which sample, consisting of a half bushel ot the wheat taken from the 1,000 bushels sold, was delivered over to B at the time of the sate. B afterwards, on the 999* bushels being tendered to him at the time agreed upon, refused to take them, wheat in the meantime hav- tag fallen to 90 cts, yer bushel. , . . Can A maintain an action «. B ? Give the reasons for your decision. 2 A sold to B 100 tons pig iron, to arrive per Sd. Ciremrian on or about the 15th May, 1881. The Oire^aan arrived on the 14th May, 1881,witbou having on board any iron for A, but having on board 190 tons ptg ,rou the property of and consigned to C. B demanded dehvery of the iron from A, which was refused. Has B any action c. A for non-delivery? Give the reasonsfor your de- cision. 3 A a merchant at Quebec, purchased from B, at Montreal, five hundred ouarfe’rs of wheat. A sent a barge, his property, to Montreal to receive r"b..° shipped i, « U. Us. »>« *, «“ •'>■*■« *” £ barge master, deliverable to bis, B’s, order, B drawing sou same time for the price, which he attached totho hill of lading. On the way from Montreal to Quebec the barge foundered, and the wheat was a total loss. B sued A fo r the Price of the wheat. Had A any defence ? What judg- ment should have been given in the case? Give yonr reasons. 4. A, of Montreal, by letter requested B, a merchants London, to sell him fifty pipes of wine and to dispatch them to him at Montreal. B selects y pipesof wine from his stock, and delivered them to a common carrier^ bv him taken and shipped from the docks by steamer to Montreal. Im dutely after delivery to such common carrier all the pipes of wine were destroyed by accident icaafortuit). B sued K for the price of the fifty pipes of wine by action before the Superior Court at Montreal. A pleaded that the wine was never dehvered to him. What should be the judgment in the case ? Givey our r a FACULTY OP LAW. J. In March, 1866, a schooner belonging to citizens of the United States and there restored, entered a bayon the Canadian const, five miles wide between its headlands, but with a breadth of fifteen miles, seventies f rom >U entrance, and twenty miles deep. At a distance of four mites from the shoi-L at the widest part of the bay the persons on board the said schooner commenced to fish. A British cruiser seized the schooner immediately Was such seizure justified f Give your reasons. °f l WP,1, - V - tW0 ^ 1,r9 married, according tn Ji, Jto 'J ; ’ “ BritiS t h Bubject ' w!!l ' 0lit living obtained the consent of his wmftM*, required by the law of France. A al.erwsrds totodS™ n” B ‘S‘ nd Wi ! hiU * he tiU18 all0W0 ' 1 b - T ,he Frpncn '“«• insti- of w!n. h f Pr ! Ug " - t0 lVe his marria «<- declared null, on the ground of want of consent by Ins ascendant,. Had the marriage been collated n FranCj) «» pound alleged would have been sufficient. Does the fect of the marriage havmg taken place in Quebec work any difference ? 7. A sold to B 500 bushels of wheat, ,to be taken out . f 1,000 bushels belonging to him stored in a warehouse in Montreal, and gave a deliverv 1 said on7 7, t 1 > 0,J0 bushels of barley, 11?, k t was exhihited to B before he bought, at eighty cents ™ bushel; but the broker's notes were silent as to the sale being' by sample or that a sample had been exhibited. B refused to accept the bulk, on the ground that it was not equal to the sample exhibited. Bariev having fallen between the date of the contract and that fixed for the deliverv to 7fl cents per bushel, A sued in damages for non-acceptance. What judgment sboutd be rendered in the case ? Give your reasons. J 6 should The first six questions for Ordinary Students .Mediti and Professor’s Prize. The whole paper for FACULTY OF LAW, i FIRST YEAR, ROMAN LAW. Examiner i Prof. N. W, Tret* holme, M.A- t. Give the principal sources of our knowledge of the history of Roman Law and the divisions of that history, 2. Describe the different Kpoehs in the growth of law mentioned by Maine. 3. What are the principal sources of the Roman Law ? 4. What were Leges Agrariae of the Roman Law ? 5. What events in the latter half of the Republic affected the extension and culture of the Roman Law f S. Give an account of the compilations of Justinian and of the destiny of the Roman Law after his time. SECOND AND THIRD YEARS, ROMAN LAW. Examiner, Prof. N. W. Trjsjs holmbi, M.A, 1. What was the Hmreditaa, and how was it deferred in Roman Law, and how in our Law ? 2, What were the principal forms of wills in Roman Law ; what in our Law? 3, What is they m separation**) and when and by whom may i e exer- cised in our law ? 4. What is paring* , and how Is it effected with us ? s W |, ftt was the substitutio and fidei commilta of the Romaa Law, and what have we corresponding thereto ? 6. Give some of the principal divisions of property in Roman Law and in our Law— and their importance. The following are only for medal men : 7. Indicate how the debts of a succession are to he paid where there are different heirs and legatees, 8. Give a sketch of the growth of the Law of Contract 9. Define Uiucapio, Re, Maneipi, Jm Ltes **uIZ A ^ concourent poor in tions. Ceux qui no concourent pns repondront nux six prem eeulem^u t. FIRST YEAR- CIVIL PROCEDURE. Prof. M- Hutchinson, B.C.L. Examiner, * ” * * ” - _ ! under what circumstances cnn to Lieutenant-Governor render a particular day nou-juridical f . \ How can a minor sue or be sued, How can a .named woman » 3 . What difference is there, if any, between « Courts V Ml a B e, as to and whatdiffer- 4 In taking ft wit ««*«* * musHeob served, and where the exercise of his functions, WQuld it be if the action against the must the action he brought . at personally, independent of public o dicer was to recover a debt due by n p "‘.Taffldavit of a party in New luhll order to lie recognised by to Court ^ tinder what gZfifiZ How about tba defence - ana wim 'Ta ».k,. . T — ~ ~ “ — - tavoro L k and C, in Montreal V obligation against A, d anu o, liJ FACULTY OP LAW. J±r°^ r0UdMCribe a ' Trit 0f persons doing '< T ,r ! f '' r m I,flr,ner3hip in Montre “l the name and Hrm / f „ ‘ * Cotton Co.", and bow would the description be if these “ lnC ° rP<,mBd “ d ^ b “ — *■ —— SECOND AND THIRD YEARS. CIVIL PROCEDCRE. i£ibaminer y ,. -Prof. M. Hotchinson, B.C.L. demand b i made and bywhL? ? T*?"' And whp " mD3t ■ judicial abandonment he made, and bow! u lZZT ° f ^“ ardian ; Wh!Ltarehis *»**■«* what he J,r a :r ac t! P0381 ° f and bow long doe. ; e rr 4 ’ - b ° 8eiEed l,niier * of execution from be unsold / Wh«"™w T immoreab ea belong™ ^ * k „ ^ , s f - 1 nal Cojl a be do if the «« » «~ on the estate as to his costs of judgment and seisuT? ° m those imet! R d tTh a !it r ^! T £’f 0 E$ !r ** * ^ pnr,y - h ° W acd would y ou proceed to retv^ v & T ? »°* tion or the Estate? Bowk th# i ° mtor in hia admiaistra- Estate effected? Who is sties ^e wart ^ U "T T “* ,1m belonging to the uo issues the warrant, and to whom is it addressed? .Jo «t r ,To“ “vri 1 “■« ■*•>« * *“» vmmS'ZZrXZ r** “•'■w to a. ta.fc.ri* ^a»^^E~‘ 1 srss?. , s; «, ,..rsr • wi » - * in^t^his temm^^he'm befoPe j ud ? n,ent by garnishment goods belong tSw! ti.cr/Tu 0 ” ° f * third parv ’ W, ' at recourse has a P-mises, and wLi E «K t ° b **'?’ T"* * araisM «“ ^lord's * aica fire m ih 0 poaseasion uf u itUrd party? FACULTY OF LAW. 13 a ,»««« - *»">■ required? . Ary 9. In a wit for separation as to property what nonces to separation from bed and board, wia no > ^ ^ husband takes the FIRST YEAR. CIVIL LAW. Examiner, i; What is understood by the term Peofbbsoe 11 civil rights? 11 KouliKMJX, B.C.L* Whfvt persons do "Thow^Zt degree piri.de, of absence does the law recognise ? State ™ domicile established as regards marriage V^baUB^mder- 8t0 od by publication of bans * effects ct marriage 4. What is separation from bed and bo lt be -^Trrrrr^ rl- w»-e.e. tion of a tutor ? _ A » 6. How are corporations formed ? How are the} lS&u \ PREMIERE ANNfiE, DROIT CIVIL* JUjraT&in&tetiT..-—"” *■* 1, Qu'ent end-on par droits civiU ! >+ PnoFCsauuB Robidoux, R.l L. Qnelies soot les personnes qui n f en touissent pas ? ,, _ nh** ^ 2. Combien de ptriodes la loi dUtingue-t-elle dans absen oui est particulier h chacnne d'elles. 3. Comment a’fitablitle domicile quant an manage- Quenteu -on P publication de bans T Quand et oh doitelle se fa ■ 4 Qu'est-ce que la separation de corps et de hieus ? Que 14 FACULTY of law* Wage IaiEGe-t-elle subsister ? Pour quelle cause peut-elle Quels sont les effets da la separation quant aux bieus ? Stre demanded ? o. Devant qut pent etre convoque un couseil de famille dans 1 0 but de W ^SSS’JTA--”* ■ — - 6 ‘ ^ omnaent float ere yes les corporations ? sou tea ? Comment sont-elles dis- SECOND AND THIRD YEARS, 4&£Qtttiner r . CIVIL LAW, ' "-**»'■ t-*****. FeofksSor Ro^toonXj B.C.L* 1. Of what do the assets of the community eonant. ■> wi , ... pose the assets (pmpres) of the consorts ? nr f H ' ? *! \ coln ' community consist ? Of what do the liah tf r d ° 11 he h * 1 * 1,| ties of the consist ? - i ities (propres) of the consorts 2. What are the powers of the husband over tte'propre. ofbis wife? wL^LToS^S ° f ,bE wife wto hM “ d «» «— ■* T tbese^gr^menfs eemCntS “ V “ tS n,od ^ tbe community ? Define xSHrF ,: itsssri ™™ a ’ *-^£125 sr. ; for its debts f How fa/i^th/husba ° U “ Ced the C0B1 ' n “nity liable contracted by him ? * n 1 e * or ^ ts of tbe community, <■»' zT:^ dom M ,b * ■“ ““»• - **• FACULTY OP LAW- 15 DECXIEME ET THGlSTfiUE ANNIES. DROIT CIVIL, Examnateur, Bramovz, B.C.L, !. [>o qiioi se compose 1'nctif de U commuuaul.e? De quo i se compose l’aclif prupre des eponx 7 De quoi se compose le pas3if de la communaute . De quo! se compose Je passif propre dea epoux? 2. Quels sont les pouvoiw du man aur lea propres de la femme? a. Quels sont lea droits et les obligations de la femme commune en biens qni re li once A la cotumunaiUe ? 4 . Queues aont les differeutes modifications que les epoux peuvent appor- ter i la commune Me legale ? Dfefinissest-les. 5 Lors de la dissolution de la communaute quelles valenrs les epoux doWent-ils reporter 7 Quelles valeora sont prelevces par cheque epoux . Sur quels biens sexercent les prelcvemenls des epoux ? 6. Quaiid parmi les hcritiers les uns acceptent et les autres re non cent, quels sont les droits des tins et des autres ? T Jusqu’h quel point la femme est-elle tenue des dettes de lacommu- naute? Comment le mail est-il lenu des dettes de la common anti eon- tr&ct&es par iui ? 8 Enqaoi eonsiste pour la femme le douaire contnmier ? Quand la femme peut-elle Stre declares dtcbne de son douarre T FIRST TEAR. MERCANTILE AGENCY AND PARTNERSHIP. Examiner Professor L. H. DavioSon, M.A., D.C.L, 1 What are the principal classes of Mercantile Agents ? Explain briefly the characteristics distinguishing one class from another ■ TV ho may legally appoint, and who may be appointed and act as, an Agent 1 a Explain the reasons for the ruin that, apart from special authorisation grated by the Principal, an agent cannot delegate bis *“ another, and state any exceptions to this rule. Show how tins rule apphes in the of Fortner all ip. 3 What are the chief duties of the Agent in regard to his p " nci K and What the rights of third pers ns against the Utter for acts former ? Explain full J’ 10 FACULTY OF LAW. 4. What is meant by tbe * lien f ' of the Agent, and explain briefly how the right may be acquired, how enforced, and how lost? 5. State the rules for determining whether a Partnership exists or not between two or more persons acting together, iu the absence of specific agreement or in ease of one, indefinite in terms ? 6. What are the chief classes of Commercial Partnerships? Define each. What are the rights and liabilities of partners amongst themselves? Explain fully. Examiner,. SECOND AND THIRD YEAR3. RILLS, NOTES AND CHEQUES. Pbofk^or L. H. Davidsos, M.A.j D.O.L. 1, Explain the difference between » Bill, Note and Cheque, pointing out the points in which they agree, or resemble each other ? 2 What is meant by “ Consideration ” as applied to Bills and Notes? xplain what is a good or sufficient Consideration, and what defences may made’ 11 C011neKtioQ in case *>»«; «d by whom such delence may he 3. What is meant by “ transferrings bill or note," and explain when and how this may be done, effectively nnder the law merchant ? Explain fully. 4. What steps are necessary in order to fix the liability of the drawer, drawee and indorsers respectively upon a Bill t What is the effect of pay. «“rfeUta! J 1 a0 “ PtOr ’ ftDl1 ° f aa ° te bj,tfaemftker . ^ the indor- ‘ S , a u mater:al " lteraHoa ” 5n 8 BlU or Note ? and what is the V,m wVrL a ‘ e ™ ti0! ‘ made fc y (L > «>■ drawer and payee of the bill, or (2) by an indorsee ? J 6 What is necessary in order to fix the liability of the Bank upon which qne is drawn < What is the effect of marking or certifying a Cheque? c i,!?/Y 0 ;f tUteS V"**" in ~ c,i °" with * Bill » Note or Cheque? And how u . . hon&ftde holder (or value affected by It? Explain as to the case of forged signature of makerand of indorser respectively ? S Expkin the differences, if any, n 9 to presentation, for acceptance and for payment m the case of a Bill and a Cheque? P is the E ];St m ° ant by an aCCepUllce " Supra protest '* f What an« aSmit 7 '****' “ Supf “ »<” a “ d *■»« does his accep faculty of law* 225 faculty of law. international LAW AND SAT.ES. Mo.vtreaLj 28th March, mi. Examiner, ~ P»«r«MO»S. H. Km, Q.C., D.C.L. A sold to B a lot of (roods, to be delivered within ten days of the day of sale. A only offered 10 deliver on the twelfth day after the sale, refused to accept, the goods having fallen in piiee, A sued B for damages. Cun A recover, if yea, what are his damages? Give your reasons. A, a broker, sold to B for 0 W tons of iron, sent to B a bought note and to C a sold note of the bargain, the price in the sold note was expressed lu be for cash, whilst to the bought note it was expressed M payable by note at three months* B refused to accept the iron, and C su*d him for the price after tender. Can 0 recover? Give your reasons. A sold B verbally 100 tons of iron, at a certain price per ton, payable by note at three months, deliveraole in ten days. A memorandum >o wntmg was drawn up embodying ail tbe terms of the agreement, save that the pay- ment was to be by note at three months. A tendered the iron and B refused to accept, iron having fallen in price A sued B to recover the difference between the contract and market price on the day on w ic it was stipulated it should be delivered. Is A entitled to judgment? Give your reasons. A sold to B on credit a quantity of wheat stored in A’s name in a ware- house at Montreal, and gave B a delivery order on the warehousemens showed the delivery order to the warehouseman, who said it was all right, but made no eutrv in his books, the wheat standing in A's name ; B became insolvent ere his 'term of credit had expired, and A served a notice upon tbe warehouseman not to deliver to B or bis representative. The curator to B’S estate on the refusal of the warehouseman to deliver took out a in this suit A intervened, claiming to hold tbe wheat until he should be paid. Is A entitled to succeed on his intervention ! Give your reasons. During the last war between Germany and France a British subject, domiciled at Hamburg in Germany, loaded one of his vessels with German manufactured goods and dispatched her to New York. On tbe voyage he was captured by a French man-of-war, taken into Bordeaux and con- drinneU as good prize. . . Was tbe 'condemnation according to tbe principles of International Law 7 Give your reasons. . A, a merchant in London, dispatched goods in accordance with cruets to B, a merchant in Montreal by steamer, sending to B the bill of lading, 22a SESSIONAL EXAMINATIONS, ‘ 0 ,be ,ftUer s 0rder B on arri '“> of the steamer pj eented h.s Ml of lad mg, recmved the goods, and placed them ip a Customs bonded warehouse ; ten days after such receipt he became insolvent Vs CaU$ed t0b£ ' S5Ued ft sahie rtvendicaUon and seized la A entitled to recover back the goods, and is the sale dissolved? r. Give your reasons. During the war between the United and Confederate States a British vessel loaded with supplies of alt kinds, ran the blockade of oE£ return 0 to L (ja ™ I,na . di3 « h “ r ^ her cargo, and started light on her „ ■ , " After touching at Nassau, she was captured bv a " B ‘“ "* “ k " «■**. «*—• ~ —a Was the capture legal? Give yottr reasons rent ZZZ^ " °* Pr °™ Ce of Q 1 '* 1 ™. ”*^ d « Mont- real, without any contract, B, a French Canadian woman, born and domiciled in that Province, who possessed at her marriage real and per- ZT , A returne ' 1 with his wife to Franc *--- *■>“ th™ r* Z - ’ Ieavin « four cllildren - i^ue of his marriage. Ev his will made m Quebec, in holograph form, he bequeathed the usufruct of his property real and personal, all situated in France, to his wife whh the provision there, n that after her death it was to revert to his children What law should the French Courts be guided by ip prooouorine upon the validity of the bequest and of the will ? Give vour reasons 8 barreU Tu’T in Montrea !> bou ^' *<>» *, a merchant in Liverpool. 100 barrels of oil at a certain price per gallon, to be delivered at M. ntreal B shipped the oil by steamer to Montreal, taking the bill of lading to bisowu order He « hen drew a bin of exchange for the price, attached to it 5 bill of lading, and despatched both by mail to his agent in Montreal with i rucuonsnottodel.ver tbe bill of lading without acceptance of b>U of exchange, Un the bill of exchange being presented to A hi accepted it, and the bill of lading was duly handed to him properly endorsed. The vessel on which the oil w« s shipped foundered at seX the oil was totallr lost. B when the hm u , * ^ and A for the amount' b f * Ch ** ge du * sued A any defence 7 Gke your reasons. i u ",“r ,o ' ort, "“' 1 "■ w« I* f If* & n FACULTY OF LAW, 227 FIRST YEAR. CRIMINAL LAW, Friday, Dec* 17th, 1886. Ennui tier, Paor, Archibald. 1 A delivered a parcel to a carrier to be given to B, C pretending to toe B obtained the parcel from the carrier's servant, of what offence was C gilUty and giro reasons ? (1 Leach C. C, 520.) 2. Give the rules by which the common and statute law harmonize with each other. 3. Define conspiracy, libel, larceny, embezzlement, murder, riot and •obtaining by false pretences. 4. A kills R, acting under an irre*i*tible influence, is he guilty of man- slaughter ? What is the criterion of responsibility in such cases ? (1 F. A F .666.) 5. Under what circumstances is a medical practitioner responsible for manslaughter when a patient dies nnder his treatment? (3 C. A P. 633.) 6. Two private watchmen, seeing the prisoner and another person with two carts laden with apples which they had jointly stolen, went np to them intending as soon as they could get assistance to secure them ; one of the watchmen walked beside the prisoner, and the other watchman beside the other person, at some distance from the prisoner. The other person wounded the watchman who was near him. Should the prisoner be convicted of Lhe wounding ? If not, give reasons -and state any additional circumitaneea which WJuld render the prisoner ^guilty. (4 0 & P* 565. 1 ) SECOND AND THIRD YEARS. CRIMINAL PROCEDURE. Thursday, 24th March, 1387. imnw 1. In wbat cases may an arrest be made in n district other than that in which the warrant issued? 2. What is the general rale as to the place where an offence should be rred ? State exceptions to the rule, 3. Distinguish between the qualifications of a Grand and Petit juryman, 4. What persons are exempt from serving as jurors ? What persons are disqualified from serving as jurors. 228 SESSIONAL EXAMINATIONS. 5. What is the meaning of “ Venue ” in relation to an indictment? I 3 ;| necessary to state the venue in the body of the indictment ? Give exception* 6. W hat is an indictment? What are ita constituent parts? ’T ( 7. " A " in an affidavit for capias, in a suit of A vs. B. made the follow 1 mg statement : “ The Defendant is personally indebted to me in the sum of $45.00 for goods ; the Defendant is now immediately about to abscond from the ° f i"»nt to defraud ; without the benefit of a writ of capias to arrest the Defendant, the Plaintiff will lose his recourse -'fiT I wmm * • ■ — ■ - * ■«■*** van*-!, ti in ijiju it vuur° of which was false. Draft an indictment for perjury on above fact?, 8. Give ft short rwamfe of the law in relation to proof of admissions made by an accused person In criminal matters. 9. In what cases may a deposition of a wttness given upon a prelimin aiy examination before a magistrate be read in evidence at the trial? j t$- > T .B.-Tbe first six questions are for the pass examinations: the whole paper for the medal J PREMIERE AX'NEE. mSTOlKE DtT DROIT CANADIEX, Emminatiur, - t> _ * * ■— «. Pboj*. Laeeau. Ses droits et attributions, Sa l’ih I. Le Conseil Stiperieur de Quebec, composition. The Supreme Council of Quebec. Ita rights and attributions. The com- position of its members, ^2.^ Queues sont lea principales clauses de 1'Acte Constitutionnel de What are the principal dispositions of the Constitutional Act of 1791 ? 3. Quels sont lea principal changcments introduits par lea codifica- tears aq litre de la vente ? titfe ^sa^? the PrinCipal modiBcalion > brought by the codifiers in (he de^l 84Q 1 h*! 86 tV* 3 pri,lcipales di3 P™tions legislatives qui furent adoptees Give the principal subjects debated before the House from 1840 to 186T. v . 5 ,' ^“ e ' 3 sont les l 10UT0irs des legislatures locales et du Parlemeut Federal d apres 1 Acte de la Confederation ? r ^ o mt Sre t | le 1> ? w ® r3 of t!,e Provincial Legislatures and of the Federal Government by the Confederation Act’/ faculty of law. 229 ’ 6, Comment se rigle la representation dans la Chambre des Communes tantfes te rocjme acte ? How is the mode of representation in the House of Commons regulated by the same act ? DEUXlfiME ET TROISlfiME AJTXEES. / Pirn*. Laabau. Exa mi jiateut , * 1. Qu’est.ce qu'un privilege ? Qn’eat-ce qu’une hypotheqae ? Quelle difference y a-t-il entre les deux ? What is a privilege 7 What is a hypothec? What is the differen between the two ? , 2. Quels sont les droits privilegies que possede le vendeur non payc sn la chose vendue ? W hat are the privileged rights of the unpaid vendor of a thing • 3. Quelles sont lea differeutes especes d’hypotbcques legates? u - ■nissez? What are the different kinds of legal hypothec ? Define ? 4. Quelles sont les exceptions que le tiers-ddtenieur pent opposer il’action hypothecate ? lea caa ? What are the exceptions the bolder may set up against the hypothecary action’ Define the different cases ? 5 Qu'eat-ce que l’intervertionde Hire? Dans quel eas a-t-elte Ueu What ia meant by intervertion of title? In what cases dues it take place? 6, Qn l eat-ce que la possession ? What is possession 7 T. Quelles cboses sont imprescriptible* ; et qu-entendex-vous par pres- -crip lions prMle glees 7 , What things are imprescriptible, and what is privileged prescriptions 8. Quelles sont les causes qui interrompent la prescription ? By what causes is the prescription interrupted ? 9 Comment s’eteignent les privileges et les hypotheques ? flow privileges and hypothecs become extinct? questions seulement nine for cau didates for The first six questions for ordinary, i n* i,he medal ] 230 SESSIONAL EXAMINATIONS* Examiner , . FIRST YEAR, EXAMINATION IN CIVIL LAW. Wbdsesday, December 22nd, 1886, * * * * ' mu , i , . * * . PROFESSOE RoBlDOU^i. l. Who has the status of a British Subject f i ta 2 ei; i8U8d " S,O0dbrCiTilde * lh? How is ;t incurred ? Wbatsrw 3. What are the effects of absence with regard to marriage? 4. For what causes can marriage be annulled ? Dy whom and when ran Ihe grounds of nullity be invoked? * cw 5. What a re the grounds of separation from bed and board ? What are is; si^; ! it "“ a ? wi “ « "» z SECOND AND THIRD YEARS. 22 sj > DeceukeEj 1886, Examiner % ....... * Professor Robjboui InWnVP 31 13 Mq,lifed t0 enab ‘ e OIW 10 inbWit? Wh <> * unworthy to- 2. What is representation ? When does it take place ? i. **• ^SSSSSSsSS^ti^-^^ 5. w hat is an action of partition, and who can take it * j. ft hat is a donation inter vivos f What ia a H nha t;A * meet t What is understood by Nation *££, , * * * can SinvoEed ?“ * ° f ”#«*«** of donations, and by whom S. When may donations b« revoked ? Whnt j &tion ? V> * at are tbe grounds of revoc- answer the first sir questions. Sec0Bd ? e#r w '» only FACULTY OF LAW* 231 FIRST YEAR. COMMERCIAL LAW, agency and partnership. WEDNESDAY) 30th MaRCH- Hxaminer^. ...PaoFEBsOR L. B, Davidson, M-A*, D.C.L, 1 Give definition of the contract of “ Agency." and state what are th* essentials in its formation. Name the principal classes of commercial agents, and distinguish between each, ■2 Explain the di He re nee between a general and a special agent. Ex- plain the maxi um vicarhu non habet viearium, What is meant by ft del credere commission, and how does it arise and when IS it payable ! 3, What are the chief obligations of the principal towards m agen ati^ of the agent towards his principal ? What is the “ lien ” of the agent and when aud to what dots it attach ? 4 Define “Partnership,” and state the ru'es for determining whether Mt 'b a relationship exists or not relatively to third parlies in the absence of defioite agreement evidencing it. 5 Name the different kinds of commercial partnership*, and give the distinguishing characteristics of each and the formalities, .f any, necessary to be observed in their formation. 0. In what ways may partnerships be dissolved 7 What is the effcc ‘ dissolution (a) as to third parties (4) as to the partners themselves? and wbat are the rights of the latter in regard to the partnership property SECOND AND THIRD YEARS. COMMERCIAL LAW. JOIST STOCK COMPANIES AND CORPORATIONS. ■ WF.IMJE3DAT, 30th MahCB. _ . . Pjiofesbok L. H. Davidsob, M.A., D.C.L. £ 3“i(I ffl t- f j *»#*■- - - **4.» ** 1 m * * ■ * * ■ ’ 1. Row may a Joint Stock Comnany be formed under the Laws of Canada 7 State the steps necessary to be taken : explain fully- 2. In wbat respects does a Joint Stock Company differ from « Corpom- tiori »reper T and from an ordinary partnership ? Explain fully. i lie affairs of the Company directed and managed, and wbat are powers of those entrusted with such management . 3. What is meant by the capital stock of the Company ? H° - «• * ^ fflin ed7 How is it made available? Can it be increased or dec ceased, 232 SESSIONAL EXAMINATIONS. if ao how ? What is meant by “ Preference ” or “ Preferential " Stock and what privileges attach to it ? 4. flow is the liability or a shareholder in a Joint Stock Company determined 7 How does it cease ? J fi What is meant by the term "dividends,’- and from what are they derived ? How are they determined? When has the shareholder right thereto 7 IV hat sett-off may there be against them. Eiplain fe!ly tlle Wlil ^ shaieh<,Wers in any Company ascertained! t. What is the position of Directors of a Joint Slock Company, relatively to it and to the public ? How do they act in the conduct of the affairs of Eipia^^Uy aQd What “ neceESar7 t0 enaore Ta,id acti0B on tbeirp-trl t 8 T ant by Di *K eHonar y> Directory and Imperative formalities, applied to the action of Directors of a Company, and what is the effect or the omission of such formalities? Explain f U Hj, J, \ hat neCeS3ar J in ° rder t( > » valid transfer of Stock by a share- fthat responsibilities Imre directors in regard to 'transferor SESSIONAL EXmOINHTIONS, 1837. FACULTY OF L WW FIRST Y K A li. HUMAN LAY. DECBliSfcK 15 th 4 TO 6. f«nu- M r : »>■*** W * Twiholm, D.C.L, 1. With what subject dne 3 the history of Runixn Law deni, aud how would you divide that history? 2. Give an account of the principal works of the Roman Law that have come down to os. 3 Qive some account of the primitive consiimtioa of Rome and of tba first great change therein, 4, What were t lie Liclnia^a Rogation? and what were their prmcipa provisions. 5 What were pome of the principal events in the history of Romo during the last half of the Republic that alfec led Roman Law and it* destinies. 9 G. (Jive a summary of Maine's views on the different agencies that serve to ameliorate the law. SECOND AND THIRD YEARS. ROMAN LAW. jDeciimukh lava: — 4 to 6 p m. Examiner, *>»*» W TaltNU0L " li ' D C ' L 1. Give a short account of the law of testimentary succession in Roman Law aud in rnir Law, indicating the different forma of wills and their re. quirementg. 1 Give an outline of Maine’s criticism on the doctrine of occupancy as a original means of acquisition, and also of I* views as 10 t.l« benefits that have accrued by the classification of property into a higher and lower grade- , 3. How is property divided in onr law. and what things are immoveables . 4. Give some account of the different kinds of servitudes. 2P ? SESSIONAL EX A M 1 X A T £ O S S . 5. fVlial rights has a person in a public street or navigable river border- ing bis property, and cite authorities for your views. 6. Give sume account of sub'titulh and Jideieo, arnica, and also of cor- re? ponding mstitutfoas m out law. 7. Give a summary of Maine's views on the history of contract. 8. Give some account of the destiny of Roman Law after Justinian. J' : (i r:rr * Cm " al ° rtbe m,M ' nt ' rIn Which the Roman Law became 4i5Simjlatt;d throughout iLe Empire* FIRST year. CIVIL PROCEDURE. MosmAY, OECKJtfflJiu IJ)rR ; — 4 T0 C P U Examiner*".,, , ..... 1 rT * -• JL ntrrcHiN.soN, D.u.L 1. AVI, at difference, if any, bet ween the civil rights of an nnmamtd man nnd i.mnarned woman, both off,, II age ■■ Wl,„t islhediff. fence heel wen tiic otvtl rights ot a tn -rried man and married won, an? ~ tlnvv are the civil rights of minor children exercised? How turn ihev ZZTll*: Httw ““ ***"«“• * d. What would be the effect if a party brought an actio:, for lev, than the pvool shows that he is entitle, I ? m „| how can he temedv ih'e ,„ u f ‘ he ^ ir be - —• hau v * a “ delt d “ 8 by c be •»«* «* - 5. What is the nature of the notice a public olttser is entitled ... r ” -ft '*/-»«'•• ^i„, L h m L dJ5' Uy^reLou tflts taken/ 1,11 10 tU ® ****** 01 l,U lu ‘ ,cUo, ‘- ‘ a “ ! * where must the suit be How cn tl a person be appointed a commissioner to reccve zt ™ be j " ‘ir ■ : '* i - <■«••*- ••• •* how l:z n * **» le " ,0 ™«W a didavits in Mew Z-aland f ug8 he « , 7 ‘ Ul,Jer wii3it ^inuutisLince^ i-m. tin action be tubm in ■«rnl in what actions does the law r, fuse such a rigid / 8. fn suits for ecp,, rotf011 fn>IU , lw} ,„ a l„,ard, before what Court mus Defendant bo summoned? Inactions i„ wam.utvn, what- place most the Defendants be summuD.-tl '* \yh ., , * 1 lst •SftssKfis r * a u ' ' UraLun 1 ha l the note was protested FACULTY OF LAW* 213 for non payment, should the Defendant fok* a Wantage nr this defect by an exception to the form, or by a demurrer ( MfatiM en droit)*! Give reasons . Examiner, 1. What h 1 what diff-muN made between 2. W nAt is t ent means of e In vs’ hat order, 3. Hu for wlnt civil pnncKf>riU5« tfEGOXD AND THIRD YEARS. Monday, Dkckm hie 10 ru - -4 to G r-U. M Hutchinson, D.O.L a nl 'lender mfoht tliei «ml when and how should il lie made r Aru* - 1h> irtio the manner in which the tender ia ir non lit of ;4, ihW forexn union Which i ly, must th •cutJi'tlAnc id i.mn n amount of 3 ■ r.hr* j 1 1 r uTnt-s ? and whit are th rt differ il r . | L w- nlhiws a judgment creditor? Amt ey b* ex-ivised ? 5 mX y & j i fo rrmt be. executed in the muns of a deceased Plaintiff? and how can a judgment be cxecnle-l njain’t a tarty who change* hi* civil «*»*. or die* before nttetiUmi is com- tnenced ? ,, _ , , 4 Wliftt U lb ■ nature of the o.>w>wtiou that ft landlord should make when the furnitur ■ anti effect* of hi. tcrm-.i are *«t»ertl*ed to betohl by 1 iiciftl sale a I the insranc- of« thirl party .* What rights «o»ld lho landlord have npoiAhe monies if the took place ? Comd an ordinary -editor make uny opposition in such ac*«# if so r under what circling BtRUCC*! ? . , * . 5 Under wlmt cl renin stances mny a trader be obliged to abandon hn% pronerty For the benefit of his creditors'-' Under what circa m stances, a 6. When is a debtor who lms mad ’ a T abandonment of Uis property for the benefit of his creditor?, and against whom ft writ of atpms lias been taken and been maintained, entitled to his liberation, it m jail? A ml under what circumstances may the time for bis liberation be prolonged V 7 How is the insolvent estate of a debtor who lias made an abandonment of his property for the benefit of his creditors liquidated and wound up, and the proceeds distribute 1 among his creditors? How may pensha « goods be disposed o* immediately after the abandonment ! ^w tf the Real Estate disposed of? And how can an insolvent Estate of a debtor who has absconded be taken possession and disposed of? 8. A debtor who has been arrested under a writ of capias petitions and succeeds ir. quashing the writ and obtaining his liberty. Under wha tir- enn, stances can an action to recover damages be mnintamed agamst the party who issued the writ of capias ? D.' How many kinds orbail may a debtor arrested under a writ of capia, give? What are the conditions of each kind ot bail " And a w a, g of the case may each be given? 214 S ESS H JN AL EXAMINATIONS* PREMIERE ANN EE. Phof. Lariau. fixamiriftteurj 1. Quellea sunt les sources rtu Droit On mtiitu ? WhiU is the origin of our Canadian L&w ? 2- Dites ce quo veils saves de la Coutume de Pads ? Suj- what you know about the Coutume de Path t 3. Qaelles sout lea priucipales ord®ooancea dn viri„ -a, ... qu’elles renfernieot '■ XVIe. siicle, et dites ce object"? “ W PriDdpal ° rdo!i ’ u t>K^ of die XVIih century, and their I’enregistWnt de* dc Coo »T elIe ““ " riiparlit U **■*»«*«•■ d apres la conatitn- According Lu what i tiles tire representation \s determined he th« ™ , tutional act of 1867 ? ie “ D c °nsti- 6, Eli quelle amice fut ab die la tenure selgneunale ? r “ Wbtlt yeat ' 1Va3 w abolish the aeijjoeurial rights 1 DEC XI EM E E V TfcOISltME ANNE EH, &mminateur t “*«•..*-. Prof. Larhau* 1. Quelle* sort le* regies pnrticulieres *„ lounge des raatious? Wl]at are tlle ruI “ PWtioular to the lease or hire of houses’ rurate Q sT' lt8SMt a " de* terres et propriety fstatesf “ 1116 nileSPm ' tk ' UlUr l ° thR lease aud «• °* farms and rural 3. (Jotame n se term ins le control de Image ties choses ? How is terminated the lease or hire or thing*? 4. Quelles sout ies obtig dims et resmosabdiL des voituriers? What are tbebbligations a„,l liabilities of common carriers’ 6. Dites ce que vous eortuaistet eoacsniMt les transactions. Say whit you kmw abiut the coo tract or transaction. valoif™* U ,t Teai “ ne “if 11 " U **>**dn* garamie de fournir et faire tilf-tm i CO dernier petit-ii exercei' un reco'iP 4 flit‘an-r« m ou * n '" aiil; ' ,te *« *»r6aJ»J»le le debileur de sa crtawT '*" * "‘ U,t . FACULTY OF LAW. 215 rcndor/o^wiVLe be obliged to discuw the proiorij or the debtor, before taking the recourse en par&ntie ? 7 Le cantionnement fourni en vertu de (’article 829 do C. P. U. par un sltfendeur arrttfi sur capias est-il .... ca.ilio.inen.ent legal ou un caution- nement judiciaire 1 La caution fournie eat-elle contra.gnable par corps . The hails under art. 8i9 C.P.U. for a defendant arrested under capia* 4 d*W 0 «i*n,ium. are they legal or judicial suretyships ? are they liable c ont ra inte par c orpe ¥ . 8 4 fait .me convention avec B, par laquelle il lot lone on .aoul.n pour V ans '1 s’engage de fairc certaiues constructions sur les premisses iouces l; de payer .Ker annuellemmt. Ce contrat tombe-t-.l sous le coup de 1 Acte de locateura et locataires l A makes a con tract with B, by witich a mill is let for 12 - vw *> wl J * Btiptiiation that U shall make certain bnild.ngs on the premis s an 1 pay an ^annual lease. Is this contract subject to the provisions of the lessor and lessee's Act ? a 7 engage dintroduire B dans une maison de commerce «!« • hie t>our V venire ses produits. Plus tard la maison de commerce Mint. Ae^lresponsableaBdes per.es soatfer.es par ce dern.er augment, r! l n Z* it tut garantir la solvnbilile continue de la maisott ! A to give a party B an introduction to a Arm ol respo.isib.lity andlnding. Later the firm became insolvent. Has B a recourse aga.ust \ | 0r loss ? is he a guarantee of continued solvency • N . B .-The six first questions for ordinary; those competing for the medal the whole INSURANCE. 17th Mabch:— 4- to 6 p.m, N osMAS W, Tuenuoi-me, D.CbL* ^TThat are’ the essentials to a contract of insurance in case of marine, ^ I' Usance,. and at what points of time must they ««t f a when must .he insured make an abandonment in order to recover, amJ a hat are the principal rules governing abandonment . 3 . What is average contribution and what losses give rise , t,be “; riffHoe creditor, recovers from an insurance company the 4. A, a mortgage creditor ,„ken out by himself on the pro- amount Of h.s insurance U., ' he seeks to again recover the J! 1 V7SL-, «•» - - - «*• — foc jour opinion ? 216 SESSIONAL EXAMINATIONS. J f - applies to a Life Company for an insurance on biilife hk S ^t’XtoT/vn ‘ ,:i0l,ey ?" e -' but ia not delivered to him „ s £ : . ! 11 •’ the premium. C thereupon transfers the policy to D ^rrr;: **"” -*•■* ss, ™ iri'Sr - ■ •* ** *••» °» COMMERCIAL LAW. .BIl.Lis, NOTES, CHEQUES, 23it[i IIahcb, IS88. L * H. Divjdson, D.C.U. O.C ■ 1 . at are the essential requisites of Hills and .Votes:’ Explain fuilv ?™* ^fltitftons of ear h, and naming and describing the ' In n bat respects doe, a '• Cheque » agree w.th or differ from ehher wi i9 t;~ an< ' ^.ora^ndoLr of a Bil^K ^payee, ma^^aTd^r^ra 6. " bat are ” Days of Grace,” and when are they allowed ? P rV hat is the fiffeci of the ccrtificsiirm , # d tu , *** “ -* “• *- .I a Vf" '••• ,m ■*“ ii ”- betwpen ,* am „ „ d >, P .;:r'LH.S: ,ni “* - «a • c ^- ** *» «■* FACULTY OF LAW, COMMERCIAL SALES AND INTERNATIONAL LAW, April 20th:— 3 to 5 p.N. Exam liter,.,. W. TRENtroLMEj D.C.L. 1* When are contracts formed by correspondence perfected? 2 . When iB lhe memorandum in writing required by the 17th Section of the Slatute of Frauds necessary, and for wbat purpose ; and indicate any difference between English Law and our Law on this subject, 3. In what cases can the seller give a good title to a thing of which he is not the owner ? 4. When does the property pass by the contract of sale alone without delivery, and when not ? 5. E i plain the different remedies which the unpaid vendor has in our law m case of the failure of the buyer to perform his contract, and m case of his insolvency, and the conditions under which they may be exercised* 6. Wbat is Internal ional Law, public and private, and give some account of its sources and authority. 7. What four roles on Maritime Law were agreed to at the Treaty of Paris of 1856, and indicate in what respect these rules were declaratory of, and in wbat respect lhey changed the previously existing rules ? 8. State the rules laid down by our Code governing the application of; 1. the lex fori ; 2. lex domicilii ; 3. lex loci contractus ; 4 lex rei si tie, 9. A French man, domiciled in England, tn&rrried an English woman there, and after living there for several years came to this province where they made their home, and acquired property, real and personal. On the death of the wife 3 her heirs claimed community of property. Could they do so, there being no community of property by the law of England. CIVIL PROCEDURE. Satdroav, 6tb April, 18 09:^ Afternoon, 3 to 5* £/.(t miner- PROFESSOR McGottn, 1. What are [the different classes of Preliminary exceptions '/ Describe briefly the nature of each. Within what delay and with what special for- mality are they filed? 2. What is the difference between simple warranty and real warranty? 3. When security for costs has been ordered, when does the delay for pleading bcgiujto run, (a) for preliminary plea3, li) for pleas to the merits 7 230 FACULTY OF LAW. 4. Define exceptions temporary and perpetual and distinguish them from other pleas. 5. What is a demurrer? Where several pleas are filed [raising issues of fact affirmatively and negatively, and issues of law alone, in what order should they be pleaded ? 6* What is the difference between a dilatory exception and a temporary peremptory exception ? Which would be pleaded to an action on a note not matured 7 In what cases could an action on such a note be main- tained ? 7. Should prescription be pleaded by exception or demurrer? Are there a n} r cases in which the opposite rule prevails ? 8. What is the law and what the practice as to the proof of facts denied only by a general denial ? 9. When must an affidavit be filed with a plea ? 10. How can an outsider be made party to a suit (a) if he desires to in- tervene, (£>} if any of the parties to the suit require his presence? 11. What are the powers of the attorney of record as to making d&si&te- •ment or retraxit from a demand, and from a judgment respectively? 12. When can husband or wife be examined as a witness in a suit in which the other consort is a party ? Gan the examination take place on behalf of the other consort, or only on behalf of the adverse party ? 13. On what can any witness refuse to testify? On what, in addition , can a professional witness refuse ? and to what professions does this privi- lege extend ? 14. in what cases can trial by jury jo civil cases be demanded? 15. What in general are the qualifications of jurors in Civil cases? 16. What are the remedies against an adverse verdict ? Before what Court are they sought? 17. What is distraction of costs ? Do costs bear interest? CIVIL PROCEDURE, Examiner, ..Professor L aheap. 1. How Privileges upon moveable property are ranked. Comment s'etablissent lea privileges sur les meublea. % Hypothec. Define, How many kinds ? Define. Hypoth^que. Definissez. Uombien d’espdees? Definisaez. 3. What are the legal hypothecs ? Define. Quelles sent les by potMques legates ? Definissez. 4. What are the exceptions which may be set up by the holder to the hypothecary action? Quelles sont les exceptions que le tiers ten ten r peat apposer h Paction by pothdcairc ? SESSIONAL EXAMINATIONS. 231 5. For what causes may the prescription be interrupted? Pour quelles causes la prescription peut-elle Gtre Interrompue? G. What are the causes which suspend the course of prescription? Quelles sent les causes qui suspendent le cours de la prescription ? 7. What actions are prescribed by ten years ? Quelles sont les pourguiiea qui se prescrivent par dix nns? 8. How does the prescription of moveables take place Comment s' acquiert la prescription des meubl^s ? 0. Who arc the persona liable to be imprisoned in civil caa&s? Quelles sont les personnes qui pen vent £ire erapmonnees civilement ? N.1L — Students competing for the medal will answer the whole ; those not competing will answer the sis first questions. Les sieves qui concourent pour la medal lie r£ pond rant i\ ton tea les ques- tions ; ceui qui ne concourent pas repondront aux six premieres questions. CIVIL LAW. Friday, Dec. 21st, 1888 Afternoon, 2 To 4. Examiner,. *. * „Thokas Fortin, Assistant Professor. L What is meant by succession? How many kinds are there ? When do they respectively take place ? 2. What fs representation ? When does it take place ? How is the suc- cession divided in case of representation ? 3. To whom does ike ab intestate succession devolve t In vfliat order? 4. What is benefit of inventory ? What are the effects of acceptance under benefit of inventory ? 5. When may partition be demanded? How can it be made ? Who can demand it ? Q m Who is bound to return? What things must be returned? How is return made ? Quid if moveables have perished by fortuitous event before the return ? Quid of immoveables, in the same case? 7. What is retrati successoral f What persons m iy exercise the same ? 8. By whom are the debts of a succession paid ? In what proportion is each heir bound to contribute to the payment of debts ? 9. Wbat is separation of oroperty — -separation des patrimoincsf Who can demand it? Within what delay must the demand be made? 10. What are the eflects of partition ? What warranty exists in favor of co- parti tinners ? IL What are the effects of partition as to encumbrances imposed upon immoveables during the undivided state of ownership? 1% When may rescision of a partition be demanded ? For what causes can it be demanded ? 232 FACULTY OF LAW. CRIMINAL LAW, Examiner t Phofebsqr Aiichtbald, I, From what sources is derived the criminal law in force in this conn* try * o What fa I he nature and degree of mem&I weakness which will exempt from criminal responsibility ; what do you understand by moral insanity, and can it be pleaded as an excuse fur criminal action? 3. Define accessories before and after the fact, and enumerate the crimes in which there can be no accessories. A. Define conspiracy, burglary, arson and larceny. 5. A goes to B t and represents that he is a man of wealth, and lives in a certain place, and asks fur an ad vancc of money from B. B knows this to be false* jet, nevertheless, advances the money, in tend log to punish A. 'la a guilty of the offence of obtaining money by false pretences? Give reasons for your opinion . If not, could he be indicted for any and what offence ? 6. Describe the proceedings upon a preliminary investigation for crim- inal offence before a Magistrate? T. Describe the method of preparing the rolls of Grand and Petit jurors. 8, Describe the proceedings at a trial for felony, not capital. 9. What are the remedies after verdict, and under w hat circumstances dues each apply in. A, b£ing indicted for embezzh ment, it appeared that he was employ* ed to solicit orders, and paid by commission on the sums received, which sums he was forthwith to band over to his employers he was at liberty to apply for otders when he thought most convenient, and was not to employ himself for any other person. He received money f^r his employer in virtue of his employment and converted it to his own use. Should he be convicted? Give reasons for your opinion. R- g. Negus 42 L.J.M.C, 62. II. A person delivered two brooches to the prisoner, to sell for him at j£200 for one and i'll 5 for the other, and he was to have them for a week for that purpose, but two or three days grace might be allowed. After ten days bad elapsed he sold them with other jewellery for i‘250, but arranged with the vendee that he might redeem the brooches for £110 before September ; what offence, if any, was committed? Give reasons for your opinion. II Cos C.C +I 693. 12, A and B agree together to assault C with their fists, and C is killed by a chance blow of the tists of either of them. Are they both guilty of manslaughter? If so, why? Would it make any difference as to the res* possibility of B if A had during the assault, of bis own impulse, suddenly caught up a weapon atd killed C with it? If so, why? Reg. Catcrn, 12 Cox C,C +I 624. SESSIONAL EXAMINATIONS. 233 OBLIGATIONS — EVIDENCE— WILLS. Frida?, April 5th 3 to 6 f.k. Examiner, M HtrrcmMOK, D.O.L. 1. What do yon understand by the essence, nature and accidents of con- tracts? Give illustrations of each. 2. A Toronto merchant sends by post an offer of sale of certain goods to a Montreal man, who, immediately on receipt of the letter, accepts an posts for Toronto his letter of acceptance. Two hours after he has polled bis letter of acceptance he receives a letter from the Toronto merchant, stating that he withdraws bis offer. What is the effect of this withdrawal i Give reasons* 3. A person by marriage contract transfers bia properly by donation to bis future wife, leaving himself without means to pay his creditors. Have the creditors any recourse against tliU property? If the property * been transferred to one of his creditors in payment of ft debt, under wha circumstances could the other creditors have this transfer set aside and the property brought back into the estate? 4. What is the leading distinction between obligations arising from con- tracts and those Brisifcg without any agreement between the parties, whub are known as quasi-contracts ? 5. If two men are engaged by the same company to render the same service, both of whom arc exposed to the same risk and danger in connec- tion with their work, and one of them is injured by the carelessness of the other employee, is the company liable? Give reasons. 0, What is an alternative obligation? If one of the things that consti- tute an alternative obligation perish or become impossible of fulfilment, what obligation remains upon the debtor? If both perish or ecome im- possible of fulfilment, wbat then? How would it be if the debtor was m fault? 7. i n ,vhftt respects does an indivisible obligation differ from a joint and several obligation? 8 If a creditor of an indivisible obligation has left two heirs, and one of them bus given a release to the debtor as far as concerns himself will the debtor be liberated as against the other heir ? Explain fully how such a release would affect the other heir. 9 Under what circumstances may a valid payment be mmle to a person who is not the actual creditor but who is an ostensible creditor. It the payment be made to a person who produces a foiged authority as agent. what would be the effect of such payment? If the payment be made to an agent of the creditor who at the time of the payment is dead, what then? 234 FACULTY OF LAW 10. W hat are the three different ways in which novation, may take place * What is the principal difference between our law and the Roman Law with respect to novation f 11. A merchant receives an order by telephone for a bill of goods amounting to 6250; the goods are delivered, but payment is afterwards refused, and the merchant is obliged to take suit. How can he make his proof? If it was a house that was so sold how could the seller prove the contract? 12. What, persons can make a valid will under our law ? Who can be witnesses to a will in the English form ? Can a minor's property be dis- posed of by will ? * V^' ROMAN LAW. W 'til FACULTY OF LAW. 221 m Ki» F(5j mb FIRST YEAR. ROMAN LAW* Thursday, 18th Drcimber: — 3*30 to 6.30 p.m* Examiner, *.** .Professor N. W. Trenholmic. D.U.L., Q.C. 1. Indicate the principal sources of our knowledge of the history of Roman Law, and particularly of the primitive Roman constitution and laws. 2. Give some account of three important pieces of legislation in the long struggle which ended in the equalization of the orders ? 3. Describe the different epochs, mentioned by Sir Henry Maine, in the growth and development of law, and point out in this connection the value and importance of early codes and the agencies in the amelioration of the law when it has once been codified. 4. Give an account of the Corpus Juris Civilis and of the works com- prised in it, and state what you know of five of the great jurists named in It* 5. What were : — leges ; plebiscite ; een&tus-consuUa ; principum placita \ jus honorarium ; response prudentum j com ilia curia ta : comitia centuria. ta j comitia tributa ; justae nupliae ; dos ? 6. Of what does the first Book of the Institutes treat, and describe the different legal institutions treated Of, distinguishing the artificial from the natural and permanent v 7. What is the legal principle involved in the creation of the tuteUi and CAiratio, and point out bow the Romans practically worked out tlie princi- ple in their system, giving the principal provisions devised by them for the protection of the rights and interests of the minor ? 8. Auctoritas autetn tutoris in qmbusdftm caosis neecssaria pupillia eat in quibusdnm non est iiecessaria. Explain what the auctoritas of the tutor was, and in what cases as a rule it was necessary and in what cases not, 9 . Translate the following Extracts, and give explanations asked for under each O nines populi qni legibus et moribus reguntur, partim suo proprio, parti m comm uni omnium hominum jure utuntur. Nam quod quisque populus 222 FACULTY OF LAW, *P 3e sibi jus eonstituit, id ipsius civitatis proprium est, voc&turque jug civile, quasi jus proprium ipsius civitatig ; quod vero natural is ratio inter omries homines coDstituit, id apud omnes pop ul os peraeque cu&toditur* vocaturque jus gentium, quasi quo jure cranes gen tea utuntur. Et pop ulna ifaque Roman us partita 3 no proprio, partim comrauni omnium hominutn jure utitur. In 1, 2, 1. What influence had the./u* gentium ou the ‘jus civile q f the Romans, and state by means of what agency and under the impulse of what philosophic theory, according; to Sir Henry Maine, its principles became incorporated into the law ? 10, Jusautem poles tatis quod in liberos babemus, proprium est civium . Roman oru to ; millienim alii stint homines, qui talem in liberos habeaut potestatem, qualem nos babe m us. in 1, 9, 2. Point out in what important respects the above statement is true com- pared with parental authority in our law T and state some of the modifiea- tions the Patriae PoUstas underwent in later Roman Law both as regards the person and the property of those in potest as. 1L Adoptio autem dttobus modis fit, aut populi auctoritate, ant imperio magistrates, vet Lit praetoris, Populi auctoritatc adoptamus eos qui sui juris sunt : qua? species adoptionis dicitur adrogatio, quia et is qui adopt at, rogatur, id est, in terrogatur an velit eum quem ado pta turns sit justum sibi iiliiim esse \ et is qui adoptutur. rogatur an id fieri patlatur, et populus rogatur an id fieri jtibeat. Imperio magistrates adopt am us cos qui in po testate pareiitium sunt, give primnra gradtim liberorum obtineant, qualis est tilius et filia, sive inferinrsm, quails est nepos, neptis, pronepos,, proneptis. Et quidem ilia adoptio qme per populum fit, nusquam nisi Rom*‘ fit at haee etiam in provinctis apud presides eamm fieri solet, l t G. 98-100. Explain the term : populi auctoritatc: Imperio magistrates ; presides; what more special designations were included in the tatter term ? What, was the effect of adopltOj and why was it regarded of more impor- tance in ancient law than it is in modern ? 1L Glim e tuque tribus modis in man urn coil veniebaut ; uau, farreo, coemptions I G. 110. Explain fully the meaning of these words, and the requirements in each case, usu, farreo, coemptione : what is the force of olim here? 13. Ideo autem aes et libra adhibetur, quia olim ?ereis tantum nummis utebantur, et erant asses, dnpondh, semisses et qtiadrantes, nec ullus aureus vel argenteus nummus in usu erat, sicut ex, lege XT! tabularum intelligcre possums: eorumque nummorum vis et potestas non In nutnero erat sed in pondero u ummoruui ; veluti asses liberates erant ; et dipcnrfii 223 ROMAN LAW. turn eraiit bilibres, undt; eiiam dipondius dictum eat, quasi duo poudo ; tjuod uotnen ftdhus in usu refcinetur* seniisses quoque et quad ran tea pro rata scilicet portions libra? a?ria babebant certain pondus. Item qui dabat ) ulim pecuuiam non adnumerabat earn, ged appendebat ; unde servi qmbus permittitur adminigtratio pecunia? dispens atoreg appellati sum, et adhuc appeJlantur, What legal institution does the above refer to; describe ii ? SECOND AND THIRD YEARS. ROMAN LAW. Thursday, 18th D&CBMbku 3.30 to 5,30 Examine r r * Professor N. W. Tern holms, D.C.L , Q-C. L Wlmt were the different kinds of tutorship and of curat or ship m the Roman Law, and how did it differ in this respect from our Law ? 2 Tutored pupillorutn negotia gerunt et auctoritaiem interponuot. Tutor personae datur. Explain fully the meaning and import of the above, having reference to the different periods ot minority, 3 What was the principal historic division of res in Roman Law, and state on what is was founded, and the importance of mh divisions in pri- mitive law ? 4 Mention the principal civil inodes of acquisition, also the principal natural modes, and give an outline of Sir Henry Maine's criticism on the doctrine of acquisition by occupatio 5, What was the dominium ex jure Quiritium, and what the rtnrninwm bouitarium, and give some account of this two-fold division and Us sub- sequent disappearance in Roman Law ? 8, Point out the difference between primitive and modern society as regards the units composing society, and show the influence of i ns on primitive forms of contract, will, and other transactions of lile. 7. Define the different personal servitudes in Roman Law, and the righ ts of the holder of the principal one as regards the different kinds of fruits. 8. Point out clearly when a charge on real property is a real servitude and when it is a mere personal right. 9 . What were the principal kinds of Edicta enjoyed by the possessor ’ ‘ n Roman Law, and state what benefits accrued therefrom in case (1 ) o e bon* fide possessor and (2) of the possessor mohfidoT 224 faculty of law. HI, What was the law of evidence in this Province at the time of the cession, and give the principal subsequent changes made therein? 1U Translate the following Extracts, and give explanations asked for under each - O runes populi q ui legibus et muribus regno tur, parti m mo proprio, partim comm uni omnium hotninum jure utuotur, Nam quod quisquepoplus ipse &ibi jus eoustituit;, id ipsius civitatis proprium est, voeaturque jus civile, quasi jus proprium ipsius civitatis: quod vero uaturalis ratio inter omnes homines constjtuit, id apud omueg populos peraequg cusioditur* vocaiurque jus gentium, quasi quo jure ornnes gentes utuntur* Et populos iuique Homan us parti m suu proprio. parti m comm uni omnium homiuum jure utitur. In 1. What indue nee bad the juts -gentium on the jm civile of the Romans, and state by means of what agency and under the impulse of what philosophic theory, according to Sir Henry Maine, its principles became incorporated info (he law ? li. Jus&uiem potesiatis quod in ftberos h ahem us, proprium eat civiura Roma nor um : naJieaim alii sunt homines, qui talera in liberos babeant protesta tem, qualem nos habemus* In 1,9, 2 , Point out in what important respects the above statement is true com- pared with parental authority in our law, and state some of the modifica- tions the Patria Potestas underwent in later Roman Law, both as regards the J^fsoij and the property of those in potc&ta*. 13, Adoptio autem duobus modis fit, ant populi auctorif ate, aut imperio magiatratos, velut pr»torw. Populi anctori tate’adoptamuseos qui sui juris sunt:qme species adoptions dicitur adrogatio, quia et is qui adoptat, rogatur, id est, interrogatur an velit eum quern adoptaturus sit justum sibi filium esse: et is qui adoptat ur, rogatur an id fieri patiatur, et jiopulns rogatur an id fieri jube&t, Imperio magistratus adoptamus eos qni inplitestate parentlum aunt, sive primum gmdum liberorum obtineant, qualisest fill ns et film, give inferioreiti, qualis est nepos, neptis, prouepos. proneptis. Etquidem ilia adaptio qua? per populum fit. imsquam nisi Rom^ fit, at haec etiam in provinetis apud presides earn in fieri solet. 1, G. SS^lOo! Explain the term : populi auctoritate ; imperio magistratus; presides; what more special designations were included in the latter term ? What was the effect of adoptio, and why was it regarded of more impor- tance in ancient law than it is in modern? 14. Olim itaque tribus modis in manutu convenieb&nt : uau, farreo coemptions. J G. 110 . Explain fully the meaning of these words, and the requirements in earh ease, nsu. farreo 'cocmjiiione ; what is the force oftrfi* here? ROMAN LAW, 225 15 . Ideo autem aes et libra adhibetur, quia oiim zercis tan turn nummls utebnntur, et eraut a^ses, dupondii, seraisses et quad ran lea, nec ullus aureus vet argenteus numtnug in usu erat T sicut es lege XII tabularum intelligere possums; eorumqtie mimmorum vis et potest ns non in numero erat, sed in ponders ttummornm ; veluti inaes liberates eraut ; et dipomiii turn erant bilibres, unde elium dipondiua dictaa eat, quasi duo pondo : quod doman adhuc in usu retiuetur; semtsaeg qnoque et quadrantes pro rata scilicet portioue libne ;eris habebant certum poudus. Item qui d&bat olirn pnrimiiim non adnumerabat earn, eed appendebat ; unde servi quibus permittltur administrate pecuniae dtspensa tores appellate suut, ei adhuc appellautur W hat legal institution does the above refer to : describe it ? CRIMINAL LA RL Tucked ay, &th April 4 ro 6.30 p,m. Examiner , .. N. W. Trknholmb, D.C.L. 1. Define Criminal Law. and state some of the reasons which give interest as well as importance to its study. 2. Give a short account of the means by which criminal justice was administered in this Province before the Conquest, and stale in what important features the Criminal Law then administered was defective and inferior to the English Criminal Law. 3. In what sense is English Criminal Law our Criminal Law at the present time? Was it ours at any time, and if so, when and how did it become so, and what is the cause of any difference that has taken place in this respect since the Cession ? 4. Indicate some of the principal ameliorations which the Criminal Law has undergone both in England and this country since the Cession, and the manner in which they have been effected. 5. Give some account of the origin and jurisdiction of the principal cri- tninnl courts which have had to do with the administration of Criminal Law in England and in this Province. 6. Give an account of the means for the apprehension and committal of offenders at different periods in the history of C riminal Law. and state when and by what authority the granting of warrants of arrest and the taking of preliminary depositions came about. FACULTY OF LAW. 22 t> 7. W hai were the different principal modes of accusation known to the Criminal Law, and indicate their relative prominence at different periods and the reasons therefor ? ft. W hat were the different forms of tria], other than that by jury, known to the Criminal Caw, ar:d when and why did they fall into disuse? ^ hen was trial by battel .ortnally abolished and under what circums- tances ? & Upon what evidence or knowledge of the facts did juries act at differ- ent periods, and what was the cause of the change in the law that took place in this respect? What was the origin of the practice of fining and imprisoning juries for their verdicts, and when was this practice formally declared to be illegal ? 10. W hat are some of the principal provisions introduced by statutes to secure greater certainty and efficiency in the administration of criminal justice^: — 1. As regards the statements and descriptions to be contained in the indictment ; 2 ♦ as regards the time when certain objections must be taken to the indictment; 3. as regards cases where the evidence falls short of establishing the offence charged in the indictment, or establishes a different offence ; 4, as regards the indicting and trying of acces- sories ? 13. What is the Statute of Treasons, and what principal offences did it cover by its literal terms, and what offences was it held to cover by the interpretation put on it 7 What is our law on the subject at the present time ? 12. What are the di fferen t kinds of homicide, and poin t out the difference between murder and manslaughter? From about what lime have the words u of his malice aforethought cotoe to bear their present meaning, and what led to this meaning being placed on them 7 LAW OF REAL ESTATE. Friday, December 12th * — 4 to 6 p.m. Professor, .....Hon, J. S. C. Wdrtkle, D.C.L. 1. Under what tenures are lands now held in the Province of Quebec, and what are their features ? 2. Define full ownership of land. 3. Define the difference between a real right in and a personal right to land. 227 LAW OP REAL ESTATE. 4. Give the real rights that may be possessed on land, and define each of them, 6, Describe the nature of the two principal actions relating to real estate, viz. : petitory actions and possessory actions. 6, What measures are used in the measurement of land in the Province of Quebec ? 7 Describe the difference between the servitude of a right of way over a lane or passage, ami a right of undivided and common ownership ot a lane or passage. 8. What in a city or town is the obligation of neighbors with respect to enclosure ? 9. What ia this obligation in the country ? 10. What are the respective rights of the possessor and the nei with respect to improvements made by the former ? IL To whom do the fruits belong when land is possessed by one who is not the owner ? 12, When can the action of boundary be exercised? BILLS— NOTES— CHEQUES, March 13th* L - H - DAVU,B0!i - D C ' L ’ Q '°' 1. Give definition of a Sill, Note and Cheque, respectively, and state what are the essentials of each. Explain in what respect these several instruments resemble one another as to the liability of the parties thereto. 2 Explain the meaning of tbe terms “Delivery,” “ Acceptance.' “ Endorsement," “ Bearer,” “Holder,” " Holder in due course,” as applied to Bills or Notes. 3. What is a s ‘ Negotiable instrument? w What Bills or Notes are negotiable, and how is u negotiation” thereof effected? 4. What consequences follow bylaw : (1) Upon the drawing of a Bill, as to the Drawer; (2) upon the acceptance of a Bill, as to the Drawee; (3) upon the endorsement of a Bill, as to Hie Indorsee. 6 How is a bill or note “dishonored?” What steps are necessary upon the due dishonor of a Bill or Note in order lo retain right against the parties to the instrument 7 Explain succinctly hut fully. 228 FACULTY OF LAW. d. What is meant b y a “Crossed Cheque?" How many kinds of 11 cr0S9 ^ Q g are recognized by the Act ; distinguish each, and state how a crossed ,f cheque differs from one not crossed. ?■ Who is a “ transferrer by delivery ” of a Bill or Note 7 and wbat are the liabilities of such transferrer and what right or title does the trans- feree take as against other parties to the instrument? 8, How may a Bill or Note be u discharged 7 ,T 9 - VVliat is m '■ Acceptance for Honor,' and how and when may it be made ? What is the engagement of the acceptor for Honor and towards whom ? What steps are necessary to hold the acceptor for Honor to due payment of the Bill ? 10 ■ Whftt is a “ ^.Vtnent for Honor,” and how is it lo be made 7 Upon what instruments, may it be made? Is (here any difference, and if so, what in the quality of the title obtained by the " payee for honor" and that of the transferee of an overdue bill? LAW OF CONTRACTS. Saturday, 11th April : — 3 to 5 pm. hammer, .... .. C< A. Qkoffriow, Q.O. f. U hat is the difference between obligations an & contracts? Can a part) incapable of contracting oblige himself and become liable to any actions resulting from obligations r 3. Who are the persons incapable of contracting ? Explain the nature Of each incapacity, U which is absolute, w hich is relative ? :i What kind of error, fraud or violence are causes of nullity of con- tracts ? Do they carry absolute nullity ? I. By the rules contained in our Civil Code, when and by whom can the aeti0 ^ exercised ? Show the difference in this respect between gratuitous and onerous contracts? ». (xive the definition of negotiorum ff€stw t and a few explanations as to the rights and obligations resulting from this quasi -con tract. U. When does condiclio indtbili take place? Are the obligations of the person who received a thing not due in good faith (be same as when the person is in bad faith ; if not, in what do they differ? 7, Lan a person, who knowingfy paid a thing not due, recover by eon* dictio indebiti, v.g,, a person who paid another for immoral or illegal our- poaes ? LEGAL BIBLIOGRAPHY, 229 FIRST TEAR. HISTORY OF LOW ER CANADIAN LAW AND LEGAL BIBLIOGRAPHY. Saturday, Di Omber 13th 3 ro 5 p.m. Examiner , Prof* Arch, McGoun, M.A , B.CLL, L During what period did the Company of One Hundred Associates possess tills country under a proprietary Government? 2. What was the original composition of the Sovereign Council of New France ? When and how was It modified, as to composition and name? 3. Give an account of the powers of the Intendant. 4. What is customary law? What was the part of France to which it was applied called, as distinguished fn m the rest of France ? 5. Mention a few early collections in which provisions of customary law are recorded . 6. What were the various tenuies of land under the feudal system? 7. What were the four great ordinances of the XVII. century, under Louis XIV? 8. Give a short account of Dumonltn and of Pothier and ot their works. 9. Mention any three titles of the Custom of Paris that have been, in the main, retained in our law. Give the name of any good commentator on this Custom SECOND AND THIRD YEARS. HISTORY OF LOWER CANADIAN LAW AND LEGAL BIBLIOGRAPHY. Examiner y ......Prop. Arch. McGoun. ALA., R.C.L. L State briefly the grounds on which different European nations claim- ed the earliest sovereignty of Canada. 2. Give an account of the Sovereign Council ol New France, its compo- sition at various dates and i is functions. 3 What departments of public affairs were under the Governor and the Intendant res [actively * 4. Give an account of customary law in France, and state when its legal authority was expressly recognised by royal edict. 23G faculty of law* 5* In virtue of what ordinance was the reduction to writing of the various customs of France undertaken ; what was the first custom publish, ed : aud when were the customs of Paris and of (Means ? 6. Mention a few ordinances of general importance before A D. 1600. L What ordinances were passed in the XVIII. century, and under what chancellor ? 8. Give a short account of Cejas, Dumoulin aud Doma-t, and of their works. 9, W hat two great men contributed chiefly to the unification of civil law in France, and what was the character of the work of each ? IQ. How have the Custom of Paris and the Clrdinanee of 1867 respect- ively influenced our law ? Name one commentator on each. CIVIL PROCEDURE. Friday, April t— Afternoon, 4 to 6. Examiner ,.,.*" *...*** «,*, P kofessor Fortin. L What is an action ? How are actions divided ? What conditions are required to entitle a person to bring an action 7 2. What is jurisdiction? How many kinds of jurisdiction are there? How is the want of jurisdiction pleaded ? 3. Before what tribunal are personal actions brought ? Real actions ? Mixed actions ? Actions relating to matters of successions ? 1. What is the effect of a judicial demand regularly formed? 5* How many kinds of pleas are there? Within what delays mu*! they be fyled ? 6. When can a demurrer be made 7 What is the difference between a plea azi fond and an exception piremptoire ? 1, What is Us pendens? What is required in order that there many be lis pencteus ? S. How is issue joined ? 9* What is an intervention? Wlio can form the same and how is it formed ? 10. What is an Incidental demand ? When and by whom can it be formed ? How is it formed ? NOTARIAL LAW AND PROCEDURE. 231 Examiner, NOTARIAL LAW AND PROCEDURE. ....Paul? 1 . W. de M Mauler, B-A.. B.C.L. L Name the various classes of writings tinder the Roman Empire, and give the distinctions as regards proof? 2. How were notaries appointed in France? In what respects did their functions differ ? 3. Deline authentic writings. State the conditions required for authen- ticity. Wherein do authentic writings differ from private writings? 4. State in what cases an authentic deed can be set aside on im proba- tion ; give examples in which such action would he unnecessary. 5 . How would a vendor make delivery of a Loi of Land sold by meas- ure ? 6. How would you describe a Lot forming part of an official number i flow, if bounded in front by a street and on the other three sides by other parts of the same number belonging to the same owner ? 7. A sells to B a lot of 1 0(1 x IQO at a price per foot which B has paid ; on measurement the lot contains 96 x 100. What are B's rights against A? 8. Give examples ot clauses extending and diminishing the effects of legal warranty ? 9. In what cases would the vendor not be liable to restore the price if the put chaser were evicted ? 10. Distinguish between the effects of legal warranty and the clause of franc et quittef 1 , By what methods can a person dispose of bis property gratuitously 7 Detine these different methods, and point out the distinctions between them ? 2 # What is the effect of an Impossible condition or condition contrary to good morals, to law, or to public order, upon which a gift inter vivox depends? What is the effect of a similar condition in a will ? CIVIL LAW. Friday, 17th April 4 to ff p.m Examiner r .CL J. Doherty, BALL. 232 faculty of law. 3. At what time must the capacity to give and to receive inter vivos exist ; A i what time must the capacity of a testator to dispose by will exist ? At what time must the capacity to receive by will exist? 4, v\ hat gifts inter vivos are exempt frnm registration ? Where registration is required, what are the effects of its absence? By whom may the want of registration be setup? 5 ‘ fn whal contracts, by what arsons and in favor of u hat persons can future property be validly given? ti. What are the different forms of Wills ? Mention the essential formali- ties required in each form ? 7. What is the liability for the debts of the testator of : 1. the universal legatee : 2, the legatee by general title; 3. the legatee by particular title ? 8. By what means can a testator revoke a will or legacy? Upon what grounds may the revocation ot a will nr legacy W demanded ? 9 ‘ flJ wliat acTS can substitutions be created ! In what cases can substitutions be revoked by the person creating them ? 10. Tn what quality does the institute hold the substituted property prior to the opening of the substitution 7 What are his principal obliga- tions ? fife RAILWAY LAW. Thlrsuav, 17th April Afternoon, 3 too. hximtner , Professor Harry Abbott, Q.C.B.CLL* 1. To w bat Railway Companies do the provisions of - The Railway Act ' Dominion) apply? Distinguish between Companies which are wholly Or partially subject to the provisions of that Act. 2. Who may be directors of a Railway Company, and what is the qualifi- cation of a director? (a) Under the Dominion Act, (ft) under the Quebec 3 f Stale briefly the general powers of Railway Companies by statute. 4. What are the rights and privileges of bond holders, in the event of default m payment of interest or capita! of bonds issued by a Railway Company, and how may they be exercised? 5 * Stase brif ‘% th * procedure to be followed in expropriating the lands Liuividiials for Railway purposes. 233 RAILWAY LAW. g What persons are entitled to statutory compensation by reason of the exercise of the powers of a Railway Company? and state the principl * which should govern arbitrators in assessing the c Jmpensation, and espe- cially as to the nature and extent of ihe damages to be awarded. 7. A and B are owners of houses equi-distant from a Railway, part of the land on which A T s house is built is t»ken by the Railway.B’s property is not touched. Would either of them be entitled io statutory compensation for depred ttion in value of their houses resulting from the noise, smoke and vibration caused by pacing trains' 1 Give reasons for jour opinion sup- ported by authorities 8. Whit are the remedies against art award, (a) under the Dominion Act, (S) intler Hie Qn«b“c Am? An-1 point out on vrluu grounds. (gen- erally) and how, they may be exercised ; and illustrate by a reference to the jurisprudence. 9. Give instances of what would* and what would not. constitute a case of undue preference by a Railway Company, in the rate of tolls, in favur of any person or any description ol traffic. tO, In what cases are Railway Companies liable, and in what cases are they not liable, for animals killed or injured by their trains? 11 . Explain the liabiRty of Railway U-*mnanie* as common carrier* of (a) goods, {/>) passengers, (c) passenger*’ baggage. 12. In what manner and to what extent may Railway Companies limit their liability as carriers of goods? Give an illustration from some reported case. FIRST YEAR. CIVIL LAW. Law ov Persons. Friday, Dkcembkk 19th Afternoon, 4 to 6. Examiner ... . ....... Profsssqb Enoi^E Laflscr, E.A., B.C.L. 1. Mention the various ways in which the quality of a British subject is acquired and lost. 2. Enumerate the principal civil disabilities of aliens in the Province of Quebec. 3. A marriage is contracted by an escaped convict, under sentence of imprisonment for life, with a woman who h in good faith and in ignorance of his status. Q 234 FACULTY OF LAW. (/?} Are the children born of such a marriage legitimate? (/>) Would such children inherit from both or either of their parents? 4, Deline domicil, distinguishing It from residence. Illustrate by examples, 5. (a) How is a charge of domicil effected in the case of independent persons* (b) An emigrant, who has abandoned his home in England, sails for the Province of Quebec, where he intends to establish himself permanently, but dies on the voyage. What law governs the devolution of his at inf estate succession ? D, the soil of a subject of the United States, Is born In the Province of Ontario, where his father is then residing, though domiciled, without being naturaliz ed, in the Province of Quebec. Where is D's domicil of origin ? Give reasons for your answer* 7. Distinguish between the provisional and the absolute possession of the heirs of absentees, 8. (tf) flow can the husband, under our law, enforce the oblige ion l m posed on the wife of residing with him ? (t) Under what circumstances would a wife be absolve d from this ©1 ligation 7 9. For what causes can separation from bed and board be demanded (a) By the husband; {£) By the wile? IQ (a) In how in«ny ways can a minor become emancipated ? (ft) What are the effects of emancipation on the status aud capacity of a minor ? SECOND AND THIRD TEARS* CIVIL LAW* Law of Persons* FaioAY, Decbmser 19th Afternoon, 4 to 6. Examiner, ***,*. Professor Eug&nk Laplegr, B.A., B.C.L. !■* (^) ^ what extent has the English doctrine of perpetual allegiance been modified, in its application to cases arising in Canada, by the pro- visions of the Natural miion Act (Rev. Stab Can., ch« 113)? W tlie conditions upon which an alien may obtain a certificate of naturalization under the terms of that statute ? 2. Enumerate the principal effects of civil death* CIVIL LAW, 235 3* What 13 the domicil of origin of: — (a) A legitimate infant bora daring its father's lifetime \ (by An illegitimate infant j (c) A posthumous infant ; ( d ) A foundling ; (e) A person legitimated per tubscquen* matrimmium ? 4* A domiciled Scotchwoman is married in France* without ante -nuptial contract or marriage settlement, to a domiciled Englishman residing in London. The consorts retain their residence in London for five years after the marriage* and then come to Montreal* with the intention of mak- ing it their permanent home* (а) Would community of property under our Civil Code exist between the consorts as regards any moveable or immoveable property acquired by them in this Province after their removal to Montreal ? (б) If not* what law would govern their rights to such property? (c) Would real estate in the Province of Quebec acquired by the husband be subject to customary dower ? 5. What is the effect of the re -appearance of an absentee, or of proof of his existence (а) During the provisional possession of the heirs; and (h) After the heirs have obtained absolute possession ? 6* (a) What persons are allowed to seek the nullity of a marriage contracted before the parties, or either of them, have attained the age required by law 7 (б) What limitations or restrictions does onr law establish with res- pect to the right to contest such marriages 7 7. Mention+the principal effects of a judgment of separation from bed and board. * 8* (a) Dan the testimony of the parties be received in actions for sepa- ration from bed and board ? (by Would admissions in the pleading* avail against the party mak- ing them 7 (c) Gould acquiescence in a judgment granting separation from bed and board be invoked to obtain the dismissal of an appeal ? 9, What are the grounds of incapacity, exclusion and removal from tu torship? 10- («) State the principal provisions of the Act defining the invest- ments to be made liy administrators. (Q. 43-43 Viet., cap. 30, amended by Q. 46 Viet., cap. 24.) {b) What liability does this statute impose on a Tutor or Curator who fails to comply with its provisions'? FACULTY OF LAW. CONSTITUTIONAL HISTORY. TaUttSDAT, 15th DrcsmbEb, 1892 3 TO 6, p m Examiner N. W. TERtiaoLMB, D.C,L, 1. Wbat are some of the things that give importance to the study of the Constitutional History of England? 2. Where are the principles and rules of that Constitution to be found and give some account of the documents that cotjstitute the written code of the constitution, and of their nature and importance? 3. Point out how the English Constitution is an evolution; and from what period Parliament, as at present composed, dates? 4. What are some of the advantages of an English Constitution as an instrument of popular government, and as regards the means and way a of working it, compared with modern written constitutions ? What are some of its dangers and disadvantages, and the best means of protection against the same? 5. Give some account of the substitution of Parliament arj grants for feudal aids and revenues, and of the great influence of i his change on the const! tut tonal history of the nation ? tj. What was, what has been called the great English involution of the 17th Ceutuiji and what marked change did the Constitution undergo during that period ? 7, Give some account of the origin and history of the two great English political parties ; and of Parliamentary Government by party through a cabinet or ministers as at present practised, noting any marked changes during the period in the influence of the Crown and the causes thereof V H, How do you account lor the paucity of needed reforms in the laws and constitution during the last century and brst quarter of, the present ; and mention some of the great reforms Lbai have since tut eu place',’ P. Give some account of the Acts of Union with Scotland and Ireland, and of the diflereucea in the position of these two countries since i be itet ot Union with Scotland. 10. Wbat are the principal constitutional changes that have taken pltice ire France since 1789 224 FACULTY OF LAW. CRIMINAL LAW, Saturday, April Igt : — 2 to 5, p.*j. Examiner i -.Prof. Trknholme 1. What is criminal law f and give some account of the formation of the of criminal law introduced into Canada at the Cession and of SferflE"* arael! ° raii0n5 “ aiDCe and f * rcVi0U9 t0 Criminal f J; Wbal ale Bom « of the most important changes and improvements e f- tected by the Criminal Code : 1, in the substantive law; 2, in procedure , nal ' W Wh ‘I' 6 T ^"T 1 Br0llad3 nuprima facie crimi- “ V JL h l rnl , e8 d0PB thp (V ' !f - regards excuses based on inZ } “ J drunkenness or ig, ionu.ee of law ever be invoked as a defence? 4. What are treason, seditious libel, blasphemous libel, defamatory libel? m difference in the pleas admissible in these different kinds of libel ? be t vns the Statute of Treasons, what Fox's Libel Act, what Lord Grtmjibpll s Act respecting libel ? Clasailjr homicide, and give the essentials of each kind. Define lu.ir and manslaughter in accordance with the existing Jaw. y.'7 ify * he diffi * ent ■>»»«• against properly, and indicate the h3la h r u th l C ° de 10 C0D9,i t«W theft, false pretences, robbery, burglary, house- breaking, forgery, arson* 7 7. Give a brief account of the growth of the law of forgery. Indicate ” d * ■" ”““r ~ -o^i-STS 8. Explain the following: petit treason, petit larceny, grand larceny S P0 ,mpaa tCeDI ’ ,he Pm ° rr ’ of peine fort et dare, deo- 9- Give in proper terms and order the successive proceedings to convic- Sir'::^L wa " indic,ttb,p offenw > Wffi, P a„ that may be pleaded and any exceptional provisions ill procedure in case of treason or murder. Slate when and on what principle a jury may convict of a different offence from that stated in the indictment. ' ? Z ' “ efence ‘ if any, in the following instances, giving in each case the principle of your decision •— b 6 M , rd } a } A freshly pursued by B for robbery lams on B, and in Wo'uldTh ' iP V“ fllC ' S “ hira a dan ff erou * bodily injury of which B dies. Would the offence be different if the immediate cause of B's death was mproper treatment? al '* w “ BOHAN LAW. 22 h (b) A, who resides in Canada, and 1m* a wife living marries B m the V S What facta would von require to prove to convict A ot bigamy, and how would you prove them ? Would B be a good witness against A . (e) A finds ft- sovereign, or is paid one by mistake for a shilling At first he intends to return it to the owner whom he knows, but subsequently keeps and appropriates it. , , ^ ^ - What is A's offence under the existing law, and what under the Code 7 (d) A places a lighted candle under a ted in bis house, intending^ burn the house in order to obtain the insurance. The bed takes fire but the fire is extinguished before it burns any part of the house A is indicted for arson. Can he be convicted of it or at all . What proof would vou make in such case and how? M A promises to marry B, and thereby obtains money from her He does not marry her, and in fact never intended to, as he is a married That and wherein is the offence, if any, and would the case be different if B knew that A whs married! (l ) Two men of the same name live in the same town. One receives a letter containing a cheque to order which he knows Is for h,s namesake. He nevertheless keeps it, indorses the cheque with his usual nature, Obtains the money and appropriates it ? ROMAN LAW. Saturday, April 8th ' 2 to 5 p.m. N W, TnKKiiouiK, D*U.L. Examiner, - * * 1 . Write a short essay on the position and importance of Homan Law in the history and grow ill of Law, 2. Give some account of the different periods in the history of Roman Law and of the characteristics of each. 3. Give an account and indicate the significance of: 'he Servian Cou- atitution The XU Tables, The Liciniau Rogations, the Perpetual L. c of Sal v his J i ili an u s , The Theodoxian Code, The Compilations of Justin, an. 4 Describe the different institutions that may be s .id to correspond with the subject mutter of the First Hook of Justinian’s Institutes . 5 Classify persons in Roman Law relative to iibertas, civitas, tarmlias, and indicate in proper terms the rights enjoyed by each c Us. un er the ^;SSm and jus privatum, and the changes of status that might take place ? 0 226 FACULTY OF LAW. G. Describe Maine's Epochs in the growLh of law and the great agencies in its amelioration, 7. Script urn jus eat lex, plebiscite, Senates consults prluciputn placita, .magi strain am Edlcta, responsa prndentium : Give an account of each ol these and indicate its place among the great agencies in improving the law ? B, Translate and explain the following; Omnes popnli qni legibns et inoribtis reguntur, p&rtitn suo proprio, partial corn muni omnium hominum jure utuntur nam quod quisqtie populus ipse sibijug constituiq id ipsium eivitatis proprium est, vocaturque jus civile, quasi jus proprium ipsius civi- tatir. Quod wrv na tnral is ratio inter names homines const! t Bit, id apud clones pera?que custoditur, voc&iurque jus gentium, quasi quo jure omne* gen leg utuntur. 9. According to Maine what is the difference between the Jus Gentium and Jug Natufale ; and what their influence: 1. On Roman Law; 2. On International Law; 3. On Modern forms of political thought? 10. What inferences appear deducible from the XI [ Tables and other early systems as to the nature of primitive society and law ? 11. Give an account of: 1, Early *t h intestate succession; 2. Of early testamentary succession including the development of the different forms of wills i m * 12. Point out some of the ways in which the Roman principle oJ occupancy has influenced modern theories of acquisition and ownersblp t and give Maine’s criticism of Blackstone on this subject. What is ihe value in early law of such divisions of property as Res Mancipi and Res Nee Mancipi? 13. “ I know/' says Maine, “ nothing more wonderful than the variety of sciences to which Roman Law, Roman Contract Law more panicuUrly has contributed modes of thought, courses of reasoning and a technical language,'’ Give his reasons in support of the above statement, 14. Give some account of the nature and features of the earlier and later Roman criminal law and tribunals. When did a real criminal system begin ? How do you, account for the long absence of Lhe death penalty iu Roman Law ? LAW OF CONTRACTS. 227 LAW OF REAL ESTATE. Saturday, March 4th. Emminer, Pbof - WcMBLB, D.C.L. 1. Define the right of ownership. 2. What laws are applicable to and govern real estate ? 3. Define the difference between a real riglu and a [arsutial right, with respect to a piece of land ? 4. What is the nature of the right of a leasee of real estate ? 5. When and under what conditions can a person be compelled to give up his property ? th What difference is there between the public domain of the Crown and the private domain of the Crown ? 7. What is the object of a petitory action ? 8. How many possessory actions are there V Define the object of each kind. 9. What actions relate to Servitudes ? Define the object of each. 10. On whom does the burden of proof fall in a negatory action, and wbal is the reason of the rule? lb What is the object of the action of boundary ? 12. By whom and in what manner can bounds be placed, and by whom is the expense of determining boundaries borne ? LAW OF CONTRACTS. Friday, Dkgkmbek 16th 4 ro G p.m. „ n. 4. Gborfeiok, D-O.L. Exiitmm'r, ••***■■■- - 9 b What is llie difference between an obligation void and an obligation voidable ; a judgment of nullity and a judgment of rechsion? What is the result of both judgments ns to the time they take effect ? Are there nolle ties which do not require to b; proposed or pleaded ? 2, What kind of warranty is due in case of eviction or latent defects when a elation en pniement Inis taken place in voluntary discharge of a natural obligation; docs a partial payment of a natural obligation create a civil obligation for the balance of the natural debt? . 228 FACULTY OF LAW, 3 Explain the distinction between the payment by a third party men- tioned in article 1141 and the payment with subrogation authorized by article 1154* 4. Is the rule contained In article 1149 applicable to the heirs of the debtor or creditor ; can one of several instalments of the same debt past due be tendered without violating this rule? What about arrears of a successive debt* e tf rf an annual rent? 5* Do you apply articles 1 15 1 and 1152 to loan for consumption or loan for use ? fi Can a ripbtor of two debi? f one past due ned the oth$r not yet ma- tured, claim imputation on the latter; and if he has that right, can he do so in all eases? 7. Describe what is current money and h-gal tender as defined by our statutes. 8. Can novation be effected of a natural obligation by a civil obligation or vice verm ? 9 . Will compensation take place between a debt secured and a debt un- secured V UY Cun the surety of a debtor losing benefit of compensation under article 1192 claim his release, as having taken place to his benefit prior to the assignment' of the debt secured by him ? LEGAL BIBLIOGRAPHY. Totmuv, December 13th. Examiner, ... Ancn. McGoujj, Ml., B.O.L., Puqf, 1. Who waa known as the oracle of the Customary Law ? On what cus- tom did he write chiefly ? % Who was the most illustrious exponent of Roman Law in France in the X VI Century ? 3. ilention some of the principal works of Pothier; about what period did he write ; what makes his writings of special value as au exposition of Lower Canadian Civil law 7 4* What important enactment is the chief basis of our system of Civil P race lure ? Name some commentator upon i t. o. Give a sketch of an individual in the revolutionary period whose work had some influence in giving shape to the work of codification. What did he do’ 1 CIVIL PROCEDURE. 220 ' 6 . Give name and sjhort account of a writer of tins century go Roman j^avr Hi modern system . 7 . What is the nature of the works grouped uniter the name of Dalloz Jurispi udeoce Generals dn Roy a u me? 9 , Mention any four of the leading commentators on the Code Napoleon find some of their works. 9 . What are ihe principal branches of our law derived chiefly from the laws of England ? to. Who is regarded as the founder of English Mercantile Law ? State what you know of him, U. How is the High Court of Justice in England divided ? WhaUs its relation to the Court of Appeals ? 12. Which is the highest Court in the Empire, and what is the title of the highest judicial officer? 13. State what you know of the highest Court of Justice in France. 14 Give the names and subjects of works of three modern English writers who have contributed towards the codification of certain branches of the law. 15 . Name any two authors on the law of insurance. 16. Name any work on Canadian Constitutional law. Any twelve of the above questions to be answered. CIVIL PROCEDURE. Wednesday, December 14tb: — 4 to S i* m. P R o fj : a so it F uimN . Exo,miMT^ ... 1. What is an action? How arc actions divided? Give a short dtacrip- 110,1 w ^conditions are required to entitle a person to bring an action ? 2 . flow many kinds of pleas are there? State the object of each and when it lies. 3 What is an incidental demand? When does it lie ? . ' An in; invention ? When docs it lie? How is it made? 230 FACULTY OF LAW. i. What is a sulASo Location'.' By whom and when can it he claimed? What are the remedies against a judgment of distribution ? 5, Who call make a judicial abandonment of property ? In what cases 1 How h it made ? * G. How is civil imprisonment ordered and executed? How can the debtor obtain bis discharge ? i . \V lint is a writ of capias if When and against whom does it lie ? Draw an affidavit against a debtor who is about to leave the province of Canada with intent to defraud bis creditors? 8. How is the capias contested ? How can the defendant be disclaimed from the caput*? 9. What is a mandamus, and when does it lie? How is the demand made ? to. When does the writ commonlj called Quo warranto lie? 1 1. What is t\ writ of prohibition? When does it lie ? 12. What is an injunction ? When does it lie? X.B.— Second and Third year Students are not bound to answer the first three questions. PROCEDURE CIVILE. Uzaminatcur, Meroredt, 14 DicKMRB K: ^4 a G p.m, * —Prof assEtm For ti n. I. Qu’est-c* qn'ime action ? Comment 3 e divlsent lea actions ? Donnez une cmirte definition de cbacune. 2. Combien d'espcces de plaidbyers y a-Uil ? Hites qnel est l'obiet de chacun et dana quels cas il y a lien de les faire. 3. Qu'est-ce qu'une demands incidente? Hans quels fas peut-on'en faire ? Une intervention? Quand peut-elle Sire faite? Comment est-elle formee? 4. Qu'est-ee qu’une collocation en sous-ordre? Par qui et dans quel cas peut-elle 6 tre demsndee? Quels sont les recours contre tin jugement de 231 CIVIL LAW, 5. Qui pent fair© une cession judicial re de ses biens ? Dans qnels cas Comment so fait la cession ? ^ 6. Comment la contralnte par corps cst-elle obtenue et execute ■ Com ment le debitear peut-il obtenir son /■iarglgsemeut? T. Oldest- c© qu T ua bref de capias? Qnaud et contra qui peuLil l jmancr ? R&digea une deposition centre un dfcbiteur qui est sur le point de quitter la Frounce dn Canada avec 1’intention do frauder sea cr danders? R. Comment le capias est-il contest? Comment le defendeur peul-il obtenir son elargissement ? 9. Qa’est-ce qu’un mindamm-. et dans quels cas peut-il tmanor.' Com ment la demand© cn esuelle forme© ? Id. Q u and y a-t-il un bref communement appeli Quo warranto? u. Qu’eat-co qu’un bref de prohibition ? Dans quels cas peut-il email er? 12. Qu’est-ce qu’un bref rl’iiijonctianl Quand pcut-il emaner? N.B.-Lea 6 Indian ts de deuxieme etde troisiime anneea ne sent pas teuus de repondre an trois premieres questions. CIVIL LAW. Wednesday, Ai-bil 19th 4 to t! r.M. . J uxiGE Doherty Examiner , . « . * * * 1 What is the nature of the right to the enjoyment of the thing leased created by the contract of lease of things in favor of the cssee ? In wliat respects does his right differ from that of ft usufructuary - 2 What remedy has the lessee in the event of refusal by the lessor to deliver the thing leased : (a) where the thing leased is .u the lessor, 16) where the thing leased is in possession of a third person . 3 Wbat is understood by “tacit renewal of a lease ”? When doL ' 3 take place 7 Upon what is it based ? Does it give rise to a new engage- ment, or merely the continuation of the old? 4 A leases a house to B. During the continuance of the lease, and bv reason or a defect in construction existing at the time of the lease, b unknown to either party, the walls of the house crack, rendering the same uninhabitable, and causing serious damage to B, ,, . - Wlml are the rights of the latter against A? what would his rights be bad the defect not existed at the time of the lease, but subsequently come 232 FACULTY OF LAW. into existence, without fault on A*a part? Give reasons for your an- swers . 5- What are the principal obligations of the lessee of a thing? 6. During the pendency of the lease of a house it ig damaged by fire. The cause of the fire cannot be ascertained. The tenant is deprived of one-third of the premises leased for a period of two months while the same are being repaired. The damage to the property by the lire amounts to $2,000 ? The lessor claims this sum from the lessee ; the lessee on his part claims a deduction of | of his rent for the two months above mentioned, is the claim of the lessor well founded ? Is the claim of the lessee well founded ? Give reasons for your answers. 7, A having leased ei property to B for five years, sells the same during the first year of the lease to C ? What are the rights of B against 0 ? Are they affected by the registration or non-registration of his lease? What would they have neen under the law prior to the Code ? &. What is the effect upon a contract of a lease of the expropriation for public purposes of the thing leased t 0, A, a ULiilder, contracts with B to erect for the latter a house on land belonging to him (B), Eight years after, the house perishes by reason solely of the unfavorable nature of the soil on which it was erected. A had specially stipulated he would not be responsible for any defect in the soil ? Is A Liable in damages to B ? Would he be so liable if the building had perished by imson of faulty plans furnished by the architect employed by B. and to whose plans A was by his contract bound to conform ? Give the reasons of your answers in both cases. 10. Isa contract for the rendering of personal services made for the life- t’me of the lessor binding ? Is it so if made for the life-time of the lessee ? In either case give the reason for your answer ? NOTARIAL PRACTICE AND CONVEYANCING- Saturday, April 22nd : — Afternoon, Mcammer, - - Prof. W. re M, Maeler. L Give examples of rights which a person may have possessed, which do not form part of his succession ? Does a succession ever include property of which the deceased is no longer the owner? 2, Can a succession be testamentary and abintestate at the same time ? tbade-makks and designs, and patents. 233 3. What is the Inventory’ What are its principal n ae8 7 aodin^nera! terras when is an Inventory restored tobe nra ■ 4 Into what parts is an Inventory divided and describe them? 5 . A person who is —on as t. SrS tA j make the Inventory In cases oi 6. What delays, if any, are granted ta ^ lo clo3P a com- SS^^SST * im ^ d for ^ 1 T . m the case of Testtunontary executors when is an Inventor) no required? w> wo^hSi U ? 4u tary succession* !0. A succession has been jjg« seizing of the moveable and , dimoveable property Sketch the deed of partitions* u. DM*> b«*“" pwliliona JriUW -a* *»> ** ♦Itions* ^ Ln between moveable and immoveable proper y trade-marks and designs, and patents. Fmday, Aran- SUrs-AiMOOOK, 4 to «. .Prof- Abbott, Q-C* tominer, •• * , _ x . * , A v o RWo essential elements, and distinguish J^iSSSr * *— * «—* - **— ■ Sl.ftta ,.»»> prii.lp* “* < ' 1 as Trade -marks* 3 Define a “ false trade-description.” **.»»*>■ * * Tr " le-J,ack b< ”'~ 1, 234 FACULTY" OF LAW. 5. State briefly the general rifles to be followed in deciding what would constitute an infringement of a Trade-Mark ; and remedies civil and cri- n] i tifil, 6. Define "Letters Patent of Invention;- and state briefly the origin and eourers of the law governing them. J a 7. State shortly what would and what would not be patentable. 3. WhaUMt ■ the essentials of the specification and claim required from the applicant for a Patent ? 4 Qm l>. In what cases may Commissioner object to issue a Patent? P a t - cularize as to prior publication and tiger. 10 . On what grounds may a Patent be forfeited or revoked ? |® 9titutes an infringement of a Patent? State briefly the general principles upon which question is to be decided. PRESCRIPTION. Saturday, Mjlboh 13th — 3 To 5 Examiner . n. w & Imflrur, B. A >t B.C.L. 1- 00 Uan prescription be renounced by anticipation 7 (4 ) h it Wu l to stipulate in a contract that the right of action .hall be barred T* honer tune hau that fitted by the law for the prescription of that right? (0 tana tutor, upon the advice of a family council and with the author -**- * * & re^S^S? C0art0f ItS ™ "«* the defence 3 Enumerate and briefly explain the various characteristics of the „n= “ •«* for the purposes of prescription. “* P ° S ' “ sanl by rcirarious possession, and what is the effect of it in regard to acquisitive prescription? 0 ‘ . ®‘ V diaC “ Unta f 9 ,10te ’ teoeiving at the same time from B a number of bond, as collateral security lor the payment of the note. f of thills wm ?! ' 10te at .“^ but neglects to obtain the return avail In'ni t V -i° P ? Sfle93IUn tbem !lfter the ^extinction of the debt a him to prescribe the ownership of the bonds can B olelfd ^ ’ ,npaid f ° r m ° 1 ' 6 ,ha “ fears after maturity all the feeV ^ “ PreSCribed ’ ,he bo “ ds being in A’s possession 235 ’ LAW OF EVIDENCE. 6. (a) Is proscription interrupted by the service of ‘ plead ii forma papist By the filing of a claim with tbe cura “ . debtor who has made a judicial abandonment ? J ‘ e f ; creditor in the distribution of the proceeds of a sher.fi s sale of immore ablea? (b) Will a judicial demand brought against the pnnc. pal debt SLrnpt prescription against the surety, 00 Does the renunctat.on by a person of a prescription acquired affect the surety ? 7. When does prescription of personal actions begin to tun <— With respect to debts depending on a condition - (ft) With respect to actions in warranty? (A) With respect to debts with a term? 8 State the period required for prescription in the following cases UroW n rents, municipal .axes, interest on judgment, damages resu t- ing from offences'and quasi-offences, damages for cission of contracts for fraud, the acquisition of corporeal .mmoveables excess of what is given by the title. 9, (ct> What is the meauing of the expression w translatoiy title applied to prescription by subsequent purchasers ? { 4j la such title vitiated by the bad faith or the precarious title conditional title available for the prescription of ten years under translatory title ? . ^ 4 _i w Is a deed of partition a transitory title within the meauing of Art. 2251 G.C.? | to. Discuss briefly the question raised to *»K™ « «■ Railway with regard to the prescnptiono i « ac o htt8ba nd through Art. 1056 C.C. for damages occasioned by the deal ot nu i ^ the negligence of a railway company, and State the bolding Council on this point. LAW OF EVIDENCE. Saturday, March 25th. FadTKSSOft Arc job At o Examiner^.* 1 . What is an authentic instrument ? What is its effect ? How may it be contradicted? 2 . How can you obtain copies, making prima fack proof, of a will exe- cuted out of the Province of Quebec? 3. What persons are incompetent to give testimony ! I 236 FACULTY OF LAW. 4- In what cases can proof be made by testimony? samnw' 3 A,?,!? 1 th ® ^settee of witnesses 20 casks of sugar, upon a , away with™^ fr0! »“ne of them. This sample B takes, “J , ; , Afte ™ards E refuses to accept the sugar. Can the con. ' e P^ed by parole testimony? (live your reasons. UQd6r What ci ™tauces are leading questions. under which and tbe -** * •** - chise. summarily the different bases of the Dominion Electoral Fmn- FACULTY OF LAW. MATRICULATION EXAMINATION. £20 miners, Sbftbmber 1st, 1893 4 p. m, *■•*—.* ...Profs. Archie alp and McGoun. 1* Translate into English : Toterea magno misceri murmure pontum, Emisaamque hiemem sensit Neptunus, et imis Stagna refusa vadis. graviter commotus^ et alto Prospicicns, summa placidum caput extulit unda. At puer Ascanius, cui nunc cognomen Iulo Additur, Una erat, dum res stetit Ilia regno, Trigin ta magnos volvendls menslbus orbes Imperio explebit, regnmnque ab sede La vim Transferee ct longatn multa vi muniet Albam. Virgil, Abn., Bk. L («) Explain the construction cm nunc cognomen lulo. (5) Scan the first, three lines, 2. Translate into French : Cum ille, homo audacissimus, conscientia con rictus, primo reticnisset, patefeci cetera : quid ea node cgijteet f quid in proximam constituisset 4 5 quem ad modura esse t ei ratio to ti us belli descripta, edocuL Cum haesi - taret cum teneretur, quaesivi quid dubitaret prqficiaci eo f quo lam pridem, pararetj cum arma, cum se curls, cum fas c is, cum aquilam illam argenteam cui etiam sacrarium domi suae fecerat, scirem esse praemissam.— In Catilixam, II. 3 and 13. 3- Translate into English : Potbier, Obligations 116. Ton tea person nes, me me les enfants et les insens^s, peuvent, par le quasi eontrat qui results du fait d*on autre, etre obligees envers lui, et i ’obligee envers dies ; ear ce n’est pas le conseutemeut qui forme ces obliga- tions. et dies $e contracted par le fait d’uir autre, sans aucun fail de notre part 1/ usage de la raison est a la vMte reqnisdaus la personae dont le fait forme un quasi central ; nmis il u'est pas requis dans la peraonue par qui ou envers qui les obligations qui resulteut de ce fait sont contrac- tus. 4. Translate into French : A person capable of contracting may, by his lawful and voluntary act, oblige himsdf toward another and sometimes oblige another toward him, without the intervention of any contract between them. 318 FACULTY OF LAW. Arithmetic and Algebra, 5. A property having been sold for $1,400, the price has to be divid d after payment of $87 costs, among three creditors having claims of $1,790 r $200 and £33.20. How much does each get? 6. What capital will amount in three years to $5,000 at 6 per cent, interest, interest being (a) simple, (&) compound. G SOMETH Y, 7. To describe a parallelogram which shall be equal to a given triangle and have an angle equal to a given angle. S, When the square on one side of a triangle is equal to the squares on the other two sides, prove that the triangle ia right-angled, Show also that the triangle is obtuse-angled if the square on one side is greater than the squares on the other tw o sides. Logic and Ethics. 9, (a) Explain the causes and logical effects of ambiguity of terms, (&) Explain how ft The Extension of terms is decreased as their Intension is increased.' 1 10, (a) Distinguish Immediate from Mediate Inference, and state the object of conversion, (fj) If the proposition All good men are sincere >s is true, show, by any logical process, what other propositions may be legitimately obtained from it, (I) as true, (2) as false, 11. What is the field of the Science of Ethics 7 12. State and illustrate the characteristic by which moral actions are differentiated from actions that are non-moral. OBLIGATIONS, FIRST AND SECOND TEARS. Saturday, 25th November, 1893:— 3 to 5.30 p.M. tixaminert N, W. Tbb^hqlme, D,C.L. 1. Define and classify law and its sources, and the subjects with which it deals, 2. Define and classify obligations, and give the requirements of a valid obligation of each class, 3. Describe the different kinds of contracts in our Code : give the clas- sification ot contracts in the Institutes and that based chronologically on the growth of the law of contract in Roman Law, OBLIGATIONS. 31^ 4. Classify and point out the effects of the different hinds of incapacity to contract in our law. 5. Explain the different Wees that may occur in contracts, and when, by whom and with what effect they may be invoked ? G, When may creditors exercise the rights of tlicir debtors* and describe the remedy they may exercise against contracts entered into by their debtors in fraud of their rights and under what conditions. On what principle are the above remedies of creditors based 7 I. What is default, and when and how may a debtor be or be placed in default, and what remedies may be ordinarily exercised against, a debtor in default ? 8. Give the leading rules respecting the measure of damages to which a debtor is liable m our law ? What whs held in Hadey & Bunendale ? 9. Point out various differences that exist between obligations ex delicto and quasi ex delicto, and obligations ex contractu^ as regards their nature, capacity to incur them, extent and nature of responsibility and the per- sons affected by them. 10. Point out and account for the difference in the position occupied by the law of torts in ancient and in modern systems of law. II. What, is subrogation : what compensation : and how may they take place ? 11 Explain the different ways in which obligations may be extinguished. 13. What is the law of contract by correspondence ? Does the English law differ from ours on this subject? Does it, as regards an offer made with a time fixed for acceptance or as regards an agreement to reduce the contract to writing, or as to damages for loss of future profits, or as regards contributory negligence ? Ll. Give some account of the provisions of Lord Campbells Act incor- porated into our Code. What was held in Robinson and the C.P.K., and on what principle were English decisions invoked as authorities in that case ? 15. Explain tramlatw netionis activaet passim t and the difference in. the extent to which it takes place in our law compared with Roman Law, and the reasons therefor? 16. What is evidence; what are its different kinds? Whence do we derive our law of evidence? Give the leading rules governing the adduction and admissibility of evidence and the proof of obligations in our law r N.B. — The First year will answer questions 1 to 9 inclusive, the Second year questions 7 to 16 inclusive. 320 FACULTY OF LAW, ROMAN LAW. FIRST YEAR. Thursday, Dec. 14 th, 1893 2 to 4 p.as, - * ..,N, W. Trkxholme, D,C.L. I* W r i I e briefly on the value of the study of Roman Law, 2, How would you treat the subject of the history of Roman law, and where do you find the sources of our knowledge of Roman law and its history ? 3. Describe the original Roman Constitution, and also the Reformed or Servian Constitution, What natural transition does the latter mark in the growth of States*? 4, (Jive some of the principal events tha t mark the first half of the Re. public, and state the character of that period in Roman History. 5. Indicate the importance of the Nil Tables in the history of law, and explain the different agencies for the amelioration of the law after It has once been codified, and the order and mode of their operation. 6 - aive Some account of the different attempts at codification in Roman Jaw, and specially of the compilations of Justinian, their nature and com tents, 7. What n-ert the Leges Sacrae : Comitia Omiata : Comitia Centuria- la ■ Comitia Tributn : Responsa Prudeotiuni : Ins Honorarium : Lex Hor- Isinsia; Licinian Rogations? ROMAN LAW, Thursday, Utii December, 1893: — 4 to 6.30 f.m. Examiner, .. N. W. Trenholme, D.C.L, 1. Omnium autem obligationum sumtnadlmio in duo genera deducitur ; namqneaut civiles sunt, nut praetoriae. Clviles sunt quae aut iegibus con- stitntae, aut certo iure civili comprobatae sunt. Praetorian aunt quas praetor ex sua iurUdictione constituit, quae etiam honorariae vocantur. Hequens dEvisio m quatuor species deducitur. Aut enim'ex contraclu sunt, aut quasi ex contractu, aut ex maleficio, auE quasi ex maleficio. Prins est ut de iis quae ex contractu aunt despiciamua, Harum aeque quatuor sunt species. Ant enim re contrahuntur, aut verbiSj aut litteris, aut con’ sensu. Translate the foregoing, and state what objections, IF any, there are to the classifications contained therein. Give a better classification, if you can, with your reasons therefor? 321 ROMAN LAW, 2. Quibua modis re contrahitur oblig&tio ? Answer this fully, and describe the actions connected therewith. Give the position and importance historically of the provisions of the edict : Nautae, caupones, atabuiarii, etc,, and the leading features ot our law on the corresponding subject? 3. Translate and explain fully the import of the following: Cum autem emptio et venditio contracta sit (quod efhci dlximus simul atque de pretio convene rit, cum sine scriptum res agatur) pericnlum rci venditae aiatirn ad emptorem pertinet, lametsi adhuc ea resemptori trftdita non sit With what modification, if any, must this statement as to periculum be taken ? What difference, if any, between the Roman Law and our law On the points referred to in this passage, and as to the effect of contract alone in sale ? 4. Nulla emptio sine pretio esse potest. Item pretium in numerata pecunia consist ere dcbeL Why is this the case, and what difference, if any, in the position and rights and obligations of parties if the considera- tion were not money but some other thing ? Is our law the same? 5 + What principle of Roman Law was an obstacle to the existence of a true law of agency, and what means were adopted to overcome this obstacle and form such a law of, agency in virtue of which the real princi- pals could avail themselves of and sue and be sued on the contracts and acts of their mandataries. Introduce in this connection tbe following : Semis ex persona douiini jus stipulandi habet; acquiritur nobis non solum per nosmetipsos sed etiam per eos quos in potestate habemusr actioncs, quod iussu, exercitome, institoriae, nmudati directae et contra- riae, actiones utiles, 6. What principle of Roman Law was an obstacle to the cession or transfer of debts and rights, and give the means adopted to overcome it? What was the Lex Anastasiana, and have we anything like it, and what? 7. Classify partnerships In Homan Law and in our law. Indicate some uf the principal differences in the rights and obligations of partners inter and towards third parties under different kinds of partnership in our Code. State the leading rules by which the powers of partners arc deter- mined? 8. Societas dissolvitnr ex personis ; ex rebus ; ex yoluutate ; exactions; ex tempore. Explain each of these and the consequences of dissolution thereby as regards the partners and also as regards third persons, and the effect on the property of the partnership. 322 FACULTY OF LAW. 9. What, were the principal obligations ex delicto in Roman Law and what the Lex Aqnilin ; and how did the Roman Law of delict and quasi delict differ from ours : 1. As regards the nature of the acts that tell un- der each of these clas es \ and 2, As regards the nature of the remedy given to the person wionged or injured ? 10, Describe in chronological order and give your appreciation of the different systems of civil procedure that prevailed in Roman Law, includ- ing execution of judgments. Maine speaks of the Actio Sacrament! as a dramatisation of the origin of justice. Point out the truth of this. IP Give some account of the tribunals and judicial organization by which justice was administered in Roman Law at different epochs at Rome, in Italy and in the Provinces* Indicate some of the principal causes and agencies that tended to uniformity of law and of its adminis- tration throughout the Empire. In connection with the foregoing question explain the following : ins I tali cum j Municipia j Colon iae ; Praefecturae ; proconsul ] propraetor ; conventusj praeses; indices pedanei ; consilium vet auditorium prin- cipis ; provocation decretft ; prsefectus urbi ; praefectus praetorio* Y,E. — Students of the Third Yea r will omit questions 4, G and 11 ; students of the Second Year will omit questions 5, 9 and 10. ROMAN LAW. Saturday, 10th March, 1894 ; 3 to 6 p m, Examiner i -.**■ ».N. W. Trenholme, D,C.L, 1* Give some account of three leading systems of property known in the history of that subject ; and point out distinguishing features in property in the present day* 2. Translate and explain : “ res vel In nostro patrimonio sunt, vel extra nostrum patrimonium babentur* 1 * u Biugulorum autetn hominum multis modis res ,, Sunt* Qaarumdam enim rerum dominium nanciseimur iure natural i, quod, sicut diximus Oppellatur ius gentium : qaarumdam jure civilh’* Give the different classes of “res” and modes of acquisition above referred to, with a particular account of “occupation and “ accessio ” Explain generally the dual character of Roman, legal institutions and its importance and influence in Roman Law, particularly in property and successions.' ROMAN LAW, 323 3. What were the rights and remedies of the possessor in Roman Law under the different kinds of possession? What corresponding remedies, if any, exist in our law, and under what conditions can they be exercised ? What great reforms did Justinian effect in the law of property and usuca- pion a n d pre scrip ii on 7 4 + Describe the principal modes of acquisition per universitatem in Roman Law, with a particular account, iu order, of the different kinds of Roman Wills, their nature and requirements, and their connection with modern wills. Explain: Testameutifactio ; Institutio he redis i subatitutio papillaris, exemplarls ; exheredalis, nomin&tim, interceteros ; querela, inotticiosi testament!, povtio legitima. Lex Falcidia : legato, per vindication neiu. per damnationem. 6. M De heredum qualitate et differential Explain the law on this sub- ject, giving the different classes of testamentary heirs, their position, rights modes of acquiring, and an account of the important benelicia they came to enjoy and the reasons therefor, G. De fideicotatnissls : de codicillis. Give some account of these, their rise and importance* Explain - clausula codicillaris ; Seta. Tertullianum, Pegaslauum: fide icoro m ittens, fideicommiss arms, fiduciarius : fideicom- missa hereditatum, 7. Describe the Roman Law of abintestate succession at different epochs. Explain : u Ins bo norum possession is introduction est a praetore, emen- dandi veteris iuris gratia,’* Also : tl Aliquando tamen neque emendandi neque impugnaudi veter is juris, sed magis confirmandi gratia pollicelur bonorum possessionem ” Point out what the praetor did, and the different kinds and orders of possessors which he created. What were the Seta Tertullianum and Urphitianum? What the order of succession established by Justinian, and how did it differ from our law ? 8. Give Maine’s views on the Roman doctrine of occupatio and its influ* en.ee ; and on origin of individual ownership ; the origin of primogeniture ; res mancipi and nee raancipi, and importance of such divisions. N. R, The 3rd year will answer all 8 questions ; the 1st and 2nd years will answer the first 6, 324 FACULTY OF LAW. MERCHANT SHIPPING. Tuesday, 1 7t0 April, 1894 4 to 6.30 r.M. Examiner 1 N. W. Truk holme, Q.C,, D.C.L. 1. What are the sources of our law respecting merchant shipping and the different contracts connected therewith ? 2. What is a British ship, and what vessels are subject to registration in order to enjoy the privileges of a British ship in Canada? Under what laws and how are ships registered, and what are the consequences of fail- ure to register ? 3. How may a ship he mortgaged, and what are the rights and position of the mortgagee? What is the difference between mortgage and hypo- thecation, and how and by whom may the latter be effected? What was held in Kelly and Hamilton ; D'Aoust and McDonald; Kempt and Smith? 4. What arc the rights and position of part owners, and how do they differ from those of partners or of ordinary joint owners of property in our law ? 5. What are some of the statutory limitations as regards the liability of owners and of carriers by water, in respect of the acts and amount for which they are liable ? 6. What are ihe ordinary and what the extraordinary powers oF the master ? 7. Explain, affreightment ; charter party ; bill of lading ; primage ; general average ; respondentia ; ship’s husband ; exercitor navis. 8. By wbal law is the responsibility of owners for loss caused by the acts of the master and crew governed ? What was held in Guibert and Lloyd j in Moore and Harris? LAW OF REAL ESTATE. Thursday, 22nd March 4.30 to G,30 p.m. SERVITUDES. Xi iminerj — ..Prof, Wurtele, D.O.L. 1. Define a servitude, 2, What kind of a right is a servitude ? 3 Are servitudes divisible ? SALES. 325 4. Give the classification of servitudes. 5. What are the rights of the owners of river-side property in navigable or floatable rivers ? 6, In the country, what are the rights of neighbors with respect to fences ami ditches? 7* What is clearance, and what arc the obligations of neighbors respect- ing trees growing near their line of separation? 0. What obligation respecting roofs is imposed on owners as regards their neighbors ? 9. How arc servitudes resulting from the act of man established? 10. Describe the difference between a servitude on a property and a {mrsanal right to do the same thing on a property. 11. Who is bound to do the work necessary for the exercise of a servi- tude ? 12. How are servitudes extinguished ? SALES. Thursday, 19th April. Examiner, * -Prop. Archibald. 1 . Distinguish between ibe definition of sale as given in the Code and that given by Pothier, Give sonic of the principal changes in the law of sale resulting from the change in the definition of the contract. 2. What is delivery, and how is it effected ? 3. What are the rights of a buyer when evicted from the properly purchased ? 4. What would bo the effect of a material variance between the bought and sold notes in a commercial sale by a broker ? 5. What is meant by the phrase, ** accepted ur received pari of the good*) found in Art. 1235 C.Q., sub-sec. 4. ^ 6. A buys 1000 tons of iron from B 11 at the price of $30 per ton, which j 3 to be delivered on or before the 31st December, 1393, A has already resold the iron for $40 per ton, deliverable in January, 1894. B fails to deliver the iron within the time limited : — Has A an action of damages against B \ if so for how much ; if not what conditions would be necessary to give such right of action ? 326 FACULTY OF LAW. FIRST AND SECOND YEARS. 30th January, 1894. COMMERCIAL LAW— RILLS— NOTES— CHEQUES. Examiner ) Prop. LJL Davidson, D.C.L., Q.C. 1. E.s plain the terras, Drawer, Drawee; Maker; Payee; Endorser; En- dorser pour avals Acceptor; Referee in case of need, as applied to Bills, Notes an d Cheques. 2. What is meant by the terms u negotiable,” “ negotiable security,” as applied to these instruments ? and distinguish belween a negotiable and non- negotiable Bill under the Act of 1890. When is a Bill “ negotiated " under the Act ? 3. Explain the position and obligation (1^ of the several parties to an ordinary Bill of Exchange with one endorser before and after acceptance and after maturity ; (2) the parties to a note with three endorsers, the second of whom endorses sans recours the instrument in each case being held by one whose name is not upon it. 4. What is meant by a ‘'general,” “qualified,” or partial acceptance under the Act. Illustrate each. 5. What are the requisites of an endorsement of a Bill or Note so as to operate as a “negotiation M ? 6. What is meant by “a transferrer by delivery,” and what are his obli- gations ? When may a bill, note or cheque be so transferred ? 7. Distinguish between a protest for « non-acceptance ” and for “ non- payment,” and explain when such steps are necessary under the Act. 8. What is the duty and obligation of a Bank as to its customers' cheques drawn upon it? EXAMINATION ON OBLIGATIONS AND CONTRACTS. Friday, Dec. I5tb, 1893 ; — i to 6 p.m. EOFFRJON- 2. Canyon give any reason why drunkenness is not an excuse for crimi- nal or even civil offences, and is a cause of nullity of contracts 7 3. Give your views on the incapacity resulting from civil death ; is the incapacity the same in all cases 7 HISTORY OF LAW. 327 m 4. Can a contract made by a married woman without the authorization of her husband be ratified by the latter? If it can, what is the effect of such a ratification ? 5. Is there a distinction to make between Jorcc and violence as affecting the existence of a contract ; would a contract signed by force be governed by article 1000 ? 6* Give your interpretation of article 992 ( and say whether it include error of law as well as error of fact. 7. Explain and conciliate articles 994 and 999. S, Explain the nature of the actions granted to the creditors by articles 1031 and 1032 ‘ can both actions be exercised at the same time, or one after the other? 9. Your opinion is asked on the following questions: A, who was of age, married B, a minor ; there was a marriage con- tract to which the father of B, then alive, was not called to intervene. B had inherited from her deceased mother, and was possessed of $10,000; the future husband had nothing. Separation as to property was stipulated, A was prosperous and successful in his affairs, and died leaving an estate of $100,000, Gan B ask to be relieved from the stipulation of separa- tion as to property for lesion or for any other reason ? HISTORY OF LAW — FRENCH PERIOD. Tuesday, Dec. 12th 4 to 6 p.m. Examiner , ...^Professor MoGouk. L Give an account of the voyages and administration of Samuel de Champlain. 2. During what period did Maisonneuve hold the governorship of Mont- real, and what was his relation to the Governor of Quebec ? 3. To whom was the seigniory of Montreal granted by the Company of One Hundred Associates ? 4. What events led to the dissolution of the Company of One Hundred Associates, and by what regime was its government succeeded? 5. What was the main body of civil law introduced into Canada aa the fundamental law of the laud ? And during what \ eriod was this the principal embodiment of our civil law? 6. Define the relations of Roman, Customary and Canou law in France before the Code Napoleon was formed. 22 FACULTY OF LAW* 7, When were the customs of France reduced to writing ? Give an ac- count of one of the great commentators on the Custom of Paris. S. Give some of the chief writings of Pothler, and note his special im- portance in relation to Lower Canada law. 9. What was the Ordinance of 1667? Mention some leading comment- ator upon it 10. What was d’Aguesseau ? II What were some of the functions of the Intendant of Justice in Oannda ? 12. What was the last change in the composition of the Sovereign Council, and when was it made? CIVIL PROCEDURE, Sato so ay, March 17th -Aftir noon, 3 to 5. Etaminer t .Professor Fortin. 1. Before what tribunal are brought • (a) Personal actions ? (b) Real and mixed actions? (c) Actions in separation between eonsort3? (d) In damages against public officers ? (e) In matters of succession ? if) In warranty and in continuation of suit? 2. How is the judgment enforced. and what pleas may be opposed to the same : (a) If obtained in a foreign country? (ft) If obtained in another province of the Dominion? 3. How h a partnership summoned ? A joint stock company ? A cor- poration ? A person residing in a foreign country ? In another province? 4. Describe the different pleas that may be opposed to an action. When and by whom can a demurrer be pleaded ? 5. W hat is an incidental demand ? By whom can it be made and upon what grounds ? flow is it made ? 6. What actions may be tried by a jury? What is the province of the jury '? How is judgment obtained upon a verdict? What are the remedies againsta verdict? NOTARIAL LAW AND PROCEDURE. 329 7. What actions may bo brought as summary matters? What is the difference between ordinary and summary procedure ? 8. What is a possessory action ? How many kinds are there, and what is the object of each ? What is the prescription of such actions? 9. Who can demand confirmation of title? Who cannot? How is the demand made ? What is its effect? 10. What persons must be summoned in an action en pariagt f Quid if there be minors having adverse interests? When does Imitation take place? What is its effect? 11. Give the essential formalities of an action of separation as to pro- perty ? What is essential tu give efftect lo the judgment? 12. What is a petition of right ? How is it brought and before what tri- bunal ? N.B, — Second and Third Years' Students are not called upon to answer the first five questions. 1. State generally and fully What is a Hypothec? What it secures? Over what it extends ? 2. What is meant by a legal Hypothec? Stats the various kinds of legal Hypothec, what they respectively secure, and how they are preserved? 3. Before the Registry ordinance, how were conventional Hypothecs created, and what changes were introduced by that ordinance ? 4. What are the essentials for the validity of a conventional Hypothec? 5. What is the effect of a Hypothec granted upon an undivided portion of an immoveable by a part owner ? Explain fully and give your rea- sons. 6. What are the privileges against immoveables ? Which of them are exempt from the formality of Registration? 7. What delays, if any, are granted to Vendor and Purchaser to register the deed of Sale ? Explain fully. 8. A sells to B an immoveable for #5.1)00, whereof B pays $2,000 cash, and promises to pay the balance of f3,Q0Q in a year. B grants a Hypothec NOTARIAL LAW AND PROCEDURE. Examiner, Prof. Marker, B.A., B.C.L 330 FACULTY OF LAW. upon the immoveable in favor of C for $1,000 which is registered before B’s deed of acquisition is registered. State the relative rank of A*a claim and C's Hypothec. 9. B grants a Hypothec to C on ist April, 1894 ^ to D on 5tb April, 1894 ; to F on the 6th April, 1994. The deeds creating these Hypothecs are sent to the Registry Office for registration, and arrive at the same time. How do they rank ? 10, A sells an immoveable lo B, and subsequently he sells the same immoveable to C. Which of them is the owner? H. What is meant by the indivisibility of a Hypothec? Can the Hypothec be divided ? 12, State any exception te the rule that the registered owner is the reputed owner, as regards a sate made by him ? CIVIL LAW. Wednesday, 18th April, 1894: — 4 to 6 p.m. Examiner,.... Professor Doherty, D.C.L, L What are the essentials of the contract of gift inter vivos f 2, Mention the principal modifications of the law respecting gifts inter vivo&Si which were introduced by the codifiers, as consequences of the law establishing freedom of willing, or for the purpose of assimilating the law as regards gifts inter eivos, to that governing wills in virtue of the Statutes establishing such freedom. 3, What persons are incapable of disposing of property by gift inter vivos t What persons are incapable of receiving? 4* What are the essential formalities of the contract of gift? In what cases is the registration of gifts necessary ? By whom can their non-registration be invoked ? 5. By whom, to whom, and how can gifts of future property he validly made ? To what extent are such donations irrevocable ? 6. What do you understand by ( a ) a universal legacy ; (h) a legacy by general title ; (e) a particular legacy ? To what extent are the universal legatee, the legatee by general title, and the particular legatee respectively liable for the debts of the testator? 7. What do you understand by the right of accretion ? When does it take place? RAILWAY LAW, 331 8. What is the effect of the bequest of a thing, which does not belong to the testator ? in what respects, if any, does our present law upon the subject differ from that anterior to the Code? In what respects, if any* does it differ from the dispositions of the Code Napoleon? 9. At what period must the capacity of disposing by will exist on the testator’s part? At what period’must the legatee be capable of receiving? RAILWAY LAW. Friday, April 20th i — AFVE nHorw, 3 to 5. Examiner,.. *.***., Prof, Harry Abbott, Q.C., B.C.L, L What Railway Companies are subject to the jurisdiction of the Dam* inion Parliament ; aud what to that of the Legislature of the Province of Quebec? Distinguish between Companies which are wholly or partially subject to the provisions of the Dominion Railway Act, 2, What are the general powers of Railway Companies under the Rail- way Act ? 3, What extent of land may be taken by a Railway Company in invitum and what is the procedure to be followed in expropriating such lands ? 4, State the principles which should govern arbitrators in assessing the compensation to be given to persons expropriated by a Railway Company, and especially as to the nature and extent of the damages to be awarded, 5, Under what circumstances would a person whose property is injured by the smoke, noise, dust or vibration of passing trains, be entitled to recover compensation from the Railway Company, and in what manner ? 6, Give instances of what would, and what would not constitute a case of undue preference by a Railway Company, in the rate of tolls, in favor of any person or any description of traffic. ?. In what cases are Railway Companies liable, and in what cases are they not liable, for animals killed or injured by their trains ? 8. Explain the liability of Railway Companies as common carriers of (a) goods, (6) passengers, (c) passengers' baggage. 9. In what manner and to what extent may Railway Companies limit their liability as carriers of goods? Give an illustration. 10. If a person not in the Company's employ is riding on a freight train and is injured in a collision caused by the negligence of the Railway Cora^ pany'S servants, could he recover? and if so, under what circumstances ? 332 FACULTY OF LAW, LAW OF PERSONS. FIRST YEAR* Yk EDJfESDAV, 13 til DECEMBER : — A FTERNOON,, 4 tO 6, Examiner, EtraisE Lapledb, B.A., B.U.L. 1. What arc the conditions required for the naturalization of aliens, and before what Court in the Province of Quebec must the application be made ? 2. What are the principal effects of civil death ? 3. How is the rectification of acta of civil status obtained and carried out ? 4 + De,ine domicile, distinguishing it from residence. How is a domi- cile of choice acquired ? 5, A, a domiciled Englishman marries B, domiciled in the Province of Quebec* without ante-nuptial contract, the marriage being celebrated in New York* After the ceremony, the consorts return to England, but subsequently take up their permanent abode in the Province of Quebec, and retain their new domicile until the death of the husband. (а) Gan the wife claim community of property ¥ (б) Can she claim dower on immoveables in the Province of Quebec ? G. (a) Under what circumstances are the heirs of an absentee allowed to lake provisional possession of his estate ? (6) What are the duties of persons to whom such provisional posses- sion is granted ? (e) When does such possession become absolu te ? (d) What is the effect of the re-appearance of the absentee after the heirs have obtained absolute possession 7 7* Enumerate the various grounds for which marriage mav be an- nulled, distinguishing between absolute and relative nullities, * 8. W hat are the rights of a wife during the pendencv of an action for separation from bed and board with respect to : <") the care of the children, (6) her residence, (e) an alimentary pension, (<0 the preservation of the share which the will have a right to daim when a parti tioo takes place 7 9. What persons are excluded from tutorship 7 Ub What restrictions are placed on the powers of persons provided with judicial advisers ? * LAW OF PERSONS. 333 LAW OF PERSONS. Second and Third Years. Wednesday, 13th December Afternoon, 4 to 6. W&€ttniu€T) , .in tif> .... Eugene Lafleor, B.A., B-C.L, L W, whose father is a British subject, was born and has always lived in a foreign State. imder 4 the laws of which he became at the time of hts birth a subject of that State. A war having broken out between Great Britain and this foreign State, W is found m arms on the aide of the Utter. (a) Would W be liable to be put to death as a traitor if tried before a British tribunal ? (t) What remedy does the Canadian Naturalisation Act furnish for persons likely to find themselves in such a predicament, and what are the , territorial limitations of this remedial legislation? * 2. M, a foreigner, has obtained a certificate of naturalization In Canada, and subsequently returns to the country of which be was formerly a sub- ject, and under t he laws of which he has not ceased to be a subject thereof in spite of his naturalization in Canada. M is drafted into the army, and takes partin several engagements against British troops within the territory of the foreign State. Would M be deemed to be a British subject during these hostilities If the question of his citizenship were to he decided by a Canadian tribunal ? 3. Enumerate the principal disabilities of persons civilly dead. 4 . (a) Can a married woman, not separated from bed and board, ever have a domicile other than that of her husband? (b) What is tte legal domicile of a minor who has a tutor other than his father or mother ? 5 What is the effect of the domicile of the consorts upon ; (a) The formal validity of the marriage ; (by Their capacity to marry; (e) Their proprietary rights in moveable or immoveable property in the absence of an ante-nuptial contract ; (d) The formal validity of the ante-nuptial contract ; (^) The wiles capacity to contract obligations during the mar- riage ; (/) The authority of the husband over the wife 5 (rJ ) Jurisdiction, in applications for divorce or separation from bed and board ? 334 FACULTY OF LAW. fi. Enumerate the various grounds upon which & marriage may be an- nulled, distinguishing between absolute and relative causes of nullity. 7. What legal means of compulsion may a husband employ against a wife who deserts the conjugal domicile? 8. In what cases is a wife absolved from the obligation of residing with her husband ? 9. A wife not judicially separated as to bed and board, but living apart from her husband by mutual consent, obtains from a judge an authorization to sell some real estate forming part of her private property. This author- ization is obtained while the husband is residing abroad, and, although his address is known to the wire, no attempt is made to obtain his consent to the sale. Is this authorization valid, and would the purchaser obtain a valid title to the real estate ? 10. (a) What is the value of admissions made by the parties In their plead- ings in actions for separation from bed and board ? (6) Can the testimony of the parties be taken In such actions, and if so, under what restrictions? (c) Could the acquiescence of one of the parties in a judgment of separ- ation be invoked as a ground for obtaining the dismissal of an appeal from such judgment ? 11. (a) Article 249 of the Civil Code states that all tutorships are dative, Ts there any exception to this rule in our law ? (b) Distinguish between the functions 0 f the subrogate tutor and those f the tutor ad hoc, and cite leading cases as to the limitation of the powers of the latter. 12. How is a minor emancipated, and what are the ejects of emancipa- tion on hts status and capacity? FACULTY OF LAW. SESSIONAL EXAMINATION. INTERNATIONAL AND CONSTITUTIONAL LAW . Saturday, 13th April, 1695. Examine r, .... N. W. TmtNBrmME, D.O.L. ). What is international law, public and private, and point out llie nature and characteristics ot' each? 3. Under what two beads may all questions of international private law be classed and treated, and explain each 7 3. What matters are governed in our law by i (1) the lex fori ; (2) the lex domicilii ; (3) the lex loci contractus? Explain the meaning of these terms and cite cases in illustration. 4. What rules of m®i time war were agreed npon at the treaty ot Paris of 1956, and point out the changes they effected, aud the meaning of block- ade, contraband of war* rights and obligations of neutrals, rule of 1756, armed neutrality, Berlin and Milan Decrees, Orders in Council, Prize court ? 5. Explain the nature aud origin of the Constitution ot Canada and the principal Statutes to be considered iu its interpretation, pointing out analogies and differences between it and the Constitution of the United States ? 6. What is the true nature of the Provincial Governments under our system, and give the arguments pro and con as regards their sovereign or subordinate position ? 7* Give and explain the distribution of powers under the B. N. A, Act, 1867, and cite cases illustrating the powers of the Dominion and of the Provinces ? 8. Explain the following; the Queen, ibe Crown, the Executive au- thority, Privy Council, Cabinet, Ministry, Executive Council, responsible government* money bills ? 9 . What is the Manitoba School Question? 28G FACULTY OF LAW. INSURANCE. Saturday, 30th March, 1895. Examiner, * ...N* W + Trenholme, D.U-L, 1. Define the contract of insurance, and write briefly on its origin and growth, noting important legislative enactments on the subject and the principal sources of our law, 2. Explain the meaning of the following terms and their importance : — Representation, concealment, warranty, deviation, increase of risk, bar* rat ry, sue and labor. 3. What is the memorandum in marine insurance, and explain the mean- ing of the following in a policy : ~~ Corn, hah, salt, fruit and gi^ed aru warranted free from average unless general, or the ship be stranded. Sugar, etc., warranted free from average under five pounds per cent. 4. Explain the different kinds of losses, and when and subject to what conditions the insured may claim for a total constructive loss, pointing out any difference in English law oo this latter point. 5. What is general average, and how is general average contribution borne by the owner and how by the insurer ? 6. Goods worth $15,000 and insured for $10,000 are damaged and sold for $5,000, but would have sold for $20,000 if sound. What is the insurers liability ? 7. A effects an insurance for $6,000 on a property worth $12,000, under a policy containing a 75 per cent, co-insurance clause. A loss of $4,000 occurs. What is the insurer’s liability ? What would it be without such a clause in a fire and in a marine policy ? 8. Explain the rights and obligations of parties in case of an insurance in favor of a mortgagee, 9. What is our law as to assignment of policies and transfer of object insured? ]0 t Give a short account of the principal provisions of our statute relat- ing to insurance for benefit of wife and on children. 1 1. What was held in the following cases Lafleur apd The Citizens. A rchara ban 1 1 an d Lam ere , Ulack and The National. Yezina and N.Y. Life. Peddie and Quebec Fire Co. N.R.— First and Second Years will answer Hist 7 questions. CRIMINAL LAW. 287 CRIMINAL LAW. Satukdat, 23hu F khhuary. 1895. Examiner, W. Tkehholio!, Q.C., D.O.L. 1. \\ rite briefly on criminal law, particularly on the system in force in Uanacjft, its introduction, nature, merits and defects, comparing it with the system it displaced ; the principal changes and reforms m it since its introduction, including those made by the Code? - , Give the principal grounds of justification or excuse in criminal law ; with particular account, of the rales relative to insanity, their origin, nature, merits and defects ? 3 * What are the principal offences against tlie state or community as a whole, with some account of the law statutory and common on two prin- cipal offences against the public order? 4- How may offences against property be classed ; define theft at com- mon law and by our Code, and give a short account of the growth of the law on this subject, noticing false pretences, embezzlement, and breaches of trust? A buys a horse from B, who delivers it on the strength of receiving A f s cheque for the price, but which cheque proves worthless, as A well knew. ^ hat and wherein is the offence if any, and if an offence, draft ati indict- ment for it? 5. What are the principal offences against the person, with particular account of culpable homicide and its different kinds, including definition of murder at common law and under ihe Code. What was the Coventry Act ; what Lord Eilenborough’s Act? S. Describe the different parties that there may be to an offence, with arty changes made by the Code on this point ? ?. Give some account of the proceedings before the magistrate upon an enquiry into an indictable offence, and of his principal duties and powers in connection with the same, including bis discretionary powers? 8. In what principal ways may a person be accused of an indictable offence, with an account of the most usual of these and the requirements for its validity? Note any important changes in the law on this subject that you know of ? Vi. Explain the successive steps in the prosecution of an indictable offence, from finding the indictment to verdict, pointing out impor- tant object inns that may ari^e ar be taken, and how and whim, Id or in respect of the indictment, the juries or jurors, or any proceeding at the trial, and how they are determined ? 2SS FACULTY OF LAW. 10. When and in what offences and on what principle may a verdict be found for a different offence from that charged in the indictment, >*ud when is a trial for an attempt a bar to a trial for the full offence or vice versa t 1L What pleas, special and general, may be pleaded under the Code? describe each, and when and how and with what effect it may be pleaded, including also pleas in libel and mention of statutes hearing on defence in libel? 12. What do you understand by u Speedy Trials of Indictable Offences tl Summary Trials of Indictable Offences ; ,f u Summary Convictions ri ? JN.1S* — First Year, any seven questions and 2§ hours time. Second Year, any 9 questions anti 3 hrmr-K. Third Year, all the questions and 4 hours. LAW OF OBLIGATIONS. S a run day, 24TB Novembkh, 1894 : — 3 to Up.m, Examiner j ...... ....... ...... N, W, Tubs holm is, Q,C., D.C.L. 1* Define law and its principal divisions; give the sources of our law. 2. Define ^obligation ; tp give the different causes and kinds of obliga- tions- -pointing out distinctions, 3. Give in historic order the different kinds of contract in Roman Law, and indicate how they illustrate the growth of the law of contract, 4. What are the different defects in contracts, and when and under what conditions may each be invoked ? 5. When, on what principle and under what conditions may creditors exercise the rights of their debtors or attack contracts or transaction a entered into by their debtors ? 6. Describe the different kinds of incapacity in our law and the effect of each. 7 When is a debtor liable for failure to perform his obligation, and what are the rights of the debtor in case of failure in different cases? Give the leading rules as to damages, 8, Classify and describe the different ways in which obligations are extinguished, with mention of (he requirements of a valid payment, tender, compensation, novation and subrogation, in different cases. 9, pive a short account of the origin of our law of evidence and of the different kinds of evidence and leading rules governing its adduction. LAW OF REAL ESTATE. 289 30. Translate the following (ft) Poena nutem injuriarum ex lege duodecem taluilarum propter membrum quidem niptum talio erat : propter os vem fractura nuramariae poenae ©rant constltutae quasi in rnagna vererum paupertate; ged postea pruetores permittebant ipsis qui injuriam passi aunt earn aestimare, ut judex vel land condemned ouaiiti injuriam passusaesiimarerit, vel minorls prout ei visum fueril : sed poena quidem injunae, quae ex lege duodecem tabu! arum introducta egt, in desuetudinem abiit ; quam autetn praetores introduce runt, quae etiam bororaria appellator, in judietis frequentatur, (h) Item exercitor navis ant eaupotme aut stabuli de dolo aut facto, quod in nave aut m eaupona aut aut in stabulo factum erit, quasi ex maleficio teneri videtur, si mudo ipsius nullum egt male tic iutn, sed alien juB eoruna, quorum opera navern aut cauponam aut stabulum exerceret: cum euim neque ex contractu sit ad versus eum constituta haec actio et aliqua- temis culpae reus est, quod opera malo rum hominuxn uteretur ideo quasi ex maleficio teneri videtur, 1L Give some account of the development of the law of detits and quati- iteUty, making use of the foregoing extracts in that connection. LAW OF REAL ESTATE. Monday, April 22xi>, 1895:— 4 T n 6 f.m. EzumweT ^ — ...**< . Professor Wurteue, B.O.L, L Under what tenures are lands now held in this Province? 2- Explain the nature of these tenures, 3 + How and when was the Seigniorial tenure abolished ? 4. What is ownership, and to what restrictions is it subjected ? 5. What are the rights and obligations of a mere possessor ? 6. What constitutes a possessor m good faith, and when does such good fuub Cease ? 7. How is ownership acquired ? 8. What are the different rights which a person may have on real estate? 9. How are the three classes of property — that belonging to the crown, that belonging to municipal and other corporations, and that belonging to individuals— governed ? 10. When and how can an owner be compelled to give up his property 18 290 FACULTY OF LAW, COMMERCIAL LAW, AGENCY, PARTNERSHIP, Friday, I 4th December, 1894, Examiner^.. ... ...Professor Davidson, Q.C., D.O.L. 1. Give definition of the Contract of Agency, and explain how tbe same may be formed, by and between whom. Name tbe principal classes of Mercantile Agents, and. distinguish between each. 1. Explain the terms i£ general,*' “ special,'' a del credere,” as applied to agents. 3. Explain the chief duties of tbe agent relatively to bis principal, and the rights of the former n.- against tbe latter- 4. How is tbe power of a Mercantile Agent to bind bis principal deter- mined in regard to the latter and to third parties ? and bow is bis remu- neration determined ? 5. How and when may tbe relation of principal and agent be revoked? and what, if any, limitation is thereon tbe right of tbe former in this respect ? 6. Give definition of the Contract of Partnership, and point out its essentials ; and state t tie rules laid down by the author for determining whether each relationship exists or not in the absence of explicit agree- ment between the parties ? 7. Explain tbe terms “Dormant,” u Nominal/ 1 41 Limited” Partner respectively, and distinguish as to their liability towards persons dealing with the dnn of which they severally are members, 8. Explain the position and powers of the several partners in a firm in the absence of specific agreement thereto (i) as to the partnership being, (3) as to the other members thereof, and (3f as to third parties, and show the connection between Agency and Partnership. 9. How is the will of tbe partnership, being composed of say 5 person^ determined in the absence of specific agreement ? and state when such determination is conclusive and when not? 19. How may a partnership be dissolved; and explain tbe resul's follow- ing dissolution? 31. Exnlain the chief differences between a partnership proper and a joint stock company —answer fully. OBLIGATIONS AND CONTRACTS. 291 EXAMINATION ON OBLIGATIONS AND CONTRACTS, Saturday, March, 9th 1895 :—3 to 5 f.w. Examiner , .... * Phof. Gboffriox. L t/acte volontaire muis illicite peut-il dormer lieu si un quasi contrat * BinODf quelle esp^ce d'chUgation pent resulter d'un tel actfi ? 2 + Dang le cas de gestion d’affkirea, eat-il ndcesaaire que le maitre ou proprictaire dont T affaire a 6t6 ger^e suit capable de contractor pour etre eblige Expliquez la difference dea obligations lorsque V affaire g6ree ctait necessair© ou seulement utile ? 3. A*, porteur d*uo billet prom isao ire, en revolt le paiement de B., qui eronacment s’en croit le dcbiteur; ce dernier d^couvre son erreur, et rapport© le billet h A., aprea la prescription de 5 ana : B. peut-i! re eouvrer cequdl a pay c a A. par Taction candintio indebiti ; pour mi til re eouvrer s 1- i 1 d^couvrait son erreur avant la prescription, mais apres que C. le debiteur veritable du billet fat devenu insolvable ? 4. Quels sont lea recoum centre celui qui a requ de bonne foi ce qui ne Ini ctait pas du, et qui a dispose de la cbose recue : 1 ° it litre onereux muis pour u n prix moiodre que la valeur veritable ; 2 s a title puremetil gra- tnit? 5. Quel lea aont les differences entre tin comrat tacite et un quaai-con- trat? 6. Expltquez c© que signlHent les maximes de droit : dammim absque injuria : sic utere too ut alienum non laedas ? 7. Quelle est la distinction entre choses bora du commerce et ©hoses retirfeea du commerce ? 8. Laquelle action doune lieu V obligation de faire ; quid l’ obligation de dormer? a Pourquoi la raise en demeure doibelle Olre par cent lorsque le con_ trat eat par ecrit ; l p absence d’^crit peut-elle etre suppled par l f aveu de la partied 10. Ennm&rez les cas t>u les interets aont exigibles in depend am men t de la convention ? 11. Quelle difference y a-t-il entxe do m mages moratoire* et dommages c ompeusatoires ? 292 faculty of law, LEGAL HISTORY AND BIBLIOGRAPHY. Tuesday, 11th December, 1894 t— 4 to 6 p M t .*..** ►<** ■*».. Arch. McGottk, ftLA., B.C.L^ 1. Give the date of the Treaty of Paris ; state what territories were ceded to Great Britain ; give the substance of stipulations regarding religious freedom. 2. What effect had the conquest or cession on the public and criminal law of Canada ? 3. Give outline of the Royal Proclamation of October, 1763, 4* What was the decision in Stuart vs. £ouman t and in Wilcox vs. ffB- cqz, in relation to the introduction of English private law ? 5. What did the Quebec Act 1774 provide regarding Civil and Crim- inal law respectively, and to what lands did its provisions apply? 6. What was the composition and what the powers of the Legislative Assembly under the Constitutional Act, 1791? 7. What Acts were passed during the period covered by the Constitu* tional Act in relation to land tenure ? 8. In what respect did the Union Act of 1841 differ from the system recommended in Lord Durham's Report ? 9. Mention some of the enactments by which municipal institutions were introduced, into Canada. 10. How was the Civil Code of Lower Canada prepared and enacted 11. What is the provision of the British North America Act, 1867, relat- ing to the disallowance of bills passed (a) by the Parliament of Canada, (5) by the Legislatures of the Provinces ? 12* What are the clauses in this Act respecting education ? 13- Mention some of the treaties that have been passed between Great Britain and the United States respecting the bound aries of Canada. CIVIL PROCEDURE 293 CIVIL PROCEDURE. W EBNFSDAYj December 12th Afternoon 2 ro 5. Examiner,, *..«». ... . .Prof. Fortin, 1. What conditions are required to enable a person to bring; an action '? Describe the different kinds of actions. What is the difference between a real and a mixed action? Re tween a possessory und a petitory action ? 2. Before what tribunal are personal actions brought? Real and mixed actions ? Quid if there be several defendants ? Against a public officer ? What preliminary procedure is required in the latter? 3. What is the effect of an action legally instituted ? Give a full des- cription of the different pleas that may be fyled to an action? What is the difference between a demurrer and a peremptory exception ? 4. How is issue joined : Upon a demurrer? Upon a defense an fond enjait&f Upon a peremp- tory exception ? 5. Describe t he different binds of judgments. Which are appealable ? Which are not? 6. What are the remedies against a judgment, and upon what grounds do they lie ? 7. How is a judgment executed? Quid if the parties have died or if their civil status has changed : Before execution has commenced ? After? 8. What means of execution may be exercised by the creditor against the defendant and against third parties? 9. Who can oppose the seizure of moveables, and upon what grounds ? What oppositions may be made to the sale of immoveables? What may he requited from the opposant to secure charges ? 10. What rights are discharged by the sheriff's sale ? What are not? 11. Quit! as to the right of ownership ? When the owner is in possession aatmo dominif 12. Upon what grounds may a sheriffs sale beset aside : At the instance of the debtor, or other interested person ? At the suit of the purchaser? N.B. — Second and Third Years' Students are not required to answer the first four questions. -94 faculty of law. NQTARTAL LAW AND PROCEDURE. ExCtMiner f , .**« .* ...Prof. JIarler, B-A», B,C.L. 1 . How was property described before, and what changes were intro- duced by the Cadastral System ■ 2. Describe an Emplacement forming part of an Official Lot, and bounded in front by a street and on the three other sides by other parts of the same Lot. 3- What do you mean by a Re-subdivision Plan, and under what cir- cumstances can it. be made ? 4* You Imre purchased n. house separated from houses on either side by walls used in common; what will be the nature of your enquiries as to these walls ? 5. A husband sells, his wife being alive, property purchased by him during the marriage ; is the signature of the wife to the deed necessary * 6. How can yon add to legal warranty ? How diminish its effects ? 7. In what cases can a man sell, after his wife's death, property pur- chased during the community which existed between them ? 8. Describe fully the conditions necessary for a continuation of com- munity. 0, In what respect do the powers of the husband as to the sale of pro- perty of l lie continuation of community differ from those he has over the property of the community i tself? 10. What are the requirements of a declaration of transmission in case of a succession? CIVIL LAW, Wednesday, 17th April, 1805 4 to 6 p.m. Ez % f hiner f .*' . Professor Doherty, D.G.L. 1. To what extent does the law in regulating a succession consider the nature or origin of the property comprising it? In what respect does the law as enacted by the Civil Code differ in this regard from the pre- viously existing law? 2. What do you understand by representation ? In what cases does it take place? CIVIL LAW, 295 3. A dies intesiafp* At his death there are living B and 0 his sons, D p E and F, Ins grand -children ; D and E being the children of a pre- deceased daughter of A, and F being the child of a predeceased son of A, C t who is declared unworthy to inherit* has one child, L To whom j does (he succession devolve, and what will be the share of each of the persons to whom it devolves ? Which, it any* of the persons above named come to the Succession in their own right, and which, if any, come by representation? 4. A dies intestate, leaving as his only surviving relatives his father B, bis brother C, two nephews D and E, children of a predeceased bro* ther t and ids grandfather F. In the succession is ho immoveable which had been given to A by F To whom and in what shares does the sue ces s i o n de v ol ve ? a. How is the position of a person called to a succession affected : (a) by Ins acceptance of the succession? (^) by his renundaiion of r he suc- cession t ti. On what grounds can a person of full age be relieved of the accept- ance made by hitn of a succession ? On what grounds can a tniuor be relieved of ihe acceptance made in his behalf ny his tutor duly author- ised so to do? 7. In what case can the creditors of an heir, who has accepted, attack his acceptance? In what case can the creditors of the heir who has renounced attack his renunciation? What is the effect of the exercise of such right by the creditors of the heir who has renounced ? 8. What effect has an agreement between undivided owners to remain in undivided ownership? What Is the effect of au order inserted by a testator in his will, that the property bequeathed by him shall be held in undivided ownership by the legatees thereof? 9. What do you understand by the obligation to make returns? By whom and to whom are returns due? 10. What difference is there In the nature of the obligation ol an heir bound to make return of a moveable, and that of an heir bound to make return of an immoveable? How is the obligation of the former affected by the perishing before the partition of the thing subject to be returned ? How is the obligation of the latter affected by the sama event ? 296 FACULTY OF LAW. BANKING AND DOCUMENTS OF TITLE. Friday, 19th April, 1895 Aftesnoon, 4 to 6. JSmmitier , -.*♦ Phof. Abbott, Q.C, 1. Arc Banks subject to the jurisdiction of the Legislatures of the Pro- vinces in which they do business ? Give reasons for answer. 3* Give the essential elements of the business of Banking* 3. State the conditions required by statute to be complied with by a Bank before commencing business. 4. What is the security for the payment of notes issued by Banks ? 5. Explain the nature of a Bank’s liability to redeem any of Its notes in the following case : when (a) forged, 0*) stolen, (e) lost, (d) destroyed, (0 partially destroyed. 6. State briefly the powers of a Bank as to (a) lending money and mak- ing advances, and the securities upon which such loans and advances may and may not be made j ( b ) acquiring, holding or dealing in personal and real properly. 7* Are the shares in the capital stock o£ a Bank real or personal estate ? And how does the property in them pass ? 8. A by his will bequeathed his property in equal shares to his four children as institutes and to his grandchildren as substitutes, and appoint- ed B, C and D hie executors with full powers, including powers of sale* At his death he held 2,000 shares in a Bank. The will was deposited in the Bank, and the shares placed in the names of the executors, who transferred 500 shares to C, one of the testator's children* C disposed of the shares for his personal benefit* Would the Bank be liable at the suit of 0 T s children for the value of the shares ? Give reasons briefly. 9* Define documents of title. 10. Explain what title is conferred upon a bolder in good faith by the transfer to him of {a) warehouse receipts, ( b ) bills of lading j and what arc his rights upon the goods and against the party issuing the document In each case ? r markings covenants. 297 MARRIAGE COVENANTS. Saturday, 15th Dkc&mbkr, 1894 i— ArrEiiiiuoK, 4 to 8. Examiner ,. Prof. E. LaflicUH. 1* wbitt form must marriage covenants be made in the Province of Quebec ? Wfeat form or forms must be followed if the marriage con- tract is executed beyond the limits of the Province of Quebec, in order that such contract may be valid m that Province? 2. Can a contract of marriage be validly made by (a) a minor, £6) an interdict, (c) a person provided with a judicial adviser, (./} a person Civilly dead ? 3. A marriage is celebrated in Montreal between an Amen can citizen domiciled in New York and an Englishwoman domiciled in the Province of Quebec. No unte-mtptial contract is made, and after the mar- riage the consorts take up their residence in New York. A few years later the husband buys a house in Montreal, and ultimately the consorts abandon their domicile in New York and establish iheir permanent home in Montreal. After this change of domicile the husband pur chases more real estate in Montreal ; (а) Does community of property, according to the laws of Quebec, re- sult from such marriage ; and if so, do the house purchased by the husband while the consorts were domiciled in* New York and the real estate pur- chased by him while they were domiciled in Montreal fall in community? (б) Can the wife claim dower on these immoveables? (c) Could the rights of the consorts as to these immoveables be changed by a post-nuptial settlement executed between them while they wer^ still domiciled in New York, assuming that such post-nuptial settlement S were permitted by the laws of New York, 4, Enumerate the assets and liabilities of the community, 5. When can the wife obtain a judicial separation as to property? What rights have the creditors uf the wife in regard tiV demanding or re^ stating such separation ? Does the separation tutitle the wife to claim dower ? 6. What arc the rights and liabilities of the wife when she renounces the community? 7. What is the effect of a bequest by one consort to a third person of an object belonging to the community? 2:i8 FACULTY OF LAW. 8. Docs a husband retain any power of disposition m-er objects com- prised in a gift in contemplation of death contained in a marriage con- tract? 9, What docs the customary dower of the wife and children consist in ? HISTORY OF ROMAN LAW, AND FIRST BOOK OF JUSTINIAN'S INSTITUTES. Time: two hours. £%amimr t Percy 0. Ryan, B OX. 1. What ts meant fa}* the comparative method of research in social science ? Name authors who have adopted it. Slate three of its principal con clusijos as to the beginnings of Jaw. 2. Describe the nature and significance of patriarchal rule, a nd exem- plify by references to the Putria Poles tas of the Romans. 3. Into what periods is the history of Roman Law divided? What stage in its development does each represent ? X Outline the Servian constitution. 5, Sketch the Agrarian legislation of the Romans. d. Name the legislative bodies and principal magistrates during the Republic, and state their functions, 7. What is meant by : connubiao^ plebs, popular, jus mcrum t e on/ar re- nt io, manus, jus postliminii. 8. Trace the evolution of the Roman Will. a. Define status. What were Its elements? How were they lost? 10, Give an account of the law of curators hip (euralio). FACULTY OF LAW. r CONSTITUTIONAL HISTORY. Thursday,, lf>rh December, 18B2 3 to G p p m. Examiner, N. W. Trk*holmi, D.C.L, 1. What are some of the things that Constitutional History of England ? give importance to the study of the \ " bere ure tfje f >rinci pFs and rules of that. Constitution to he found : and gl ve some account of the documents that constitute the written code of the constitution, and of their nature and importance? 3. Point out how the English Constitution is an evolution, and from what period Parliament as at present composed, dates? 4, What are some of the advantages of an English Qo istitutioo as an instrument of popular government, and as regards the mentis and ways o working it, compared with modern written constitutions? What are some of its dangers and disadvantages, and the best mnana of protection against the same ? 5, Give some account of the substitution of Parliamentary grants for feudal aids and revenues, and of the great influence of this change on the constitutional history of the nation ? b \\ hat was, what has been called the great English lie volution of the 17th Century; and what marked change did the Constitution undergo during that period? < Give some account of the origin and history of the two great English political parties; and of Parliamentary Goyernment by party through a cabinet or ministers as at present practised, noting any marked changes during the period m the influence of the Crown and the causes thereof ? 8 ‘ How do you account lor the paucity of needed reforms in the laws aad constitution during ihe last century and first quarter of the present • and menikm sumo of the great reforms that have since taken place? fl. Give some account of the Acts of Union with Scotland and Ire bind, and of the differences in the position of these two countries since the Act of Union with Scotland. lft. What are I lie principal constitutional changes Hint have taken place in France since l7tJ9 * 224 FACULTY OF LAW. CRIMINAL LAW. Saturday, April 1st: — 2 to 5, p.h. Examiner , ....Prof, Tuba holme 1. What Is criminal law ; and give some account of the formation of the system of criminal law introduced into Canada at the Cession, and of some important ameliorations in if since and previous to the Criminal Code of ] 8f>2? 2. What are some of the most important changes and improvements ef- fected by the Criminal Code : 1, in the substantive law - 2, in procedure ? 3. What are the principal grounds Qf excuse for acts prima facie crimi- nal? What rules does the CYrie m'npt as regards excuses based on insan- ity ? May drunkenness or igLuiuuce oi law’ ever be invoked as a defence? 4. What are treason, seditious libel blasphemous libel, defamaiury libel? What difference in the pleas admissible in these different kinds of libel ? What was the Statute of Treasons, what Fox's Libel Act. what Lord Campbell's Act respecting libel ? 5. Classify homicide, and give the essentials of each kind. Define mur- der and manslaughter in accordance with the existing law. tb Classify the different offences against property, and indicate the essentials under the Code to constitute theft, false pretences, robbery, burglary, house breaking, forgery, arson. 5. Give a brief account of the growth of the law of forgery. Indicate the proof required to be made in an ordinary case of forgery, and how it may be made. 8. Explain the following : petit treason, petit larceny, grand larceny, compound larceny, the pillory, benefit of clergy, peine fort et dure, deo- dand, imparl. 9. Give in proper terms and order the successive proceedings to convic- tion against an offender for an indictable offence, indicating the different pleas that may be pleaded and any exceptional provisions in procedure in case ol treason or murder* State when and on what principle a jury may convict ol a different offence from that stated in the indictment. 10. State the offence, it any, in the following instances, giving in each case the principle of your decision ■ — (a) A being freshly pursued by B for robbery turns on B, and in order to escape indicts on him a dangerous bodily injury of which B dies. Would the offence be different if the immediate cause of B’s death was improper treatment? ROMAN LAW. 225 ( b ) A 3 who resides in Canada, and has a wife living marries B in the U. S- What facts would yon require to prove to convict A of bigamy, and how would you prove t-hera ? Would 8 be a good witness against A ? (c) A finds a sovereign, or is paid one by mistake for a shilling. At first he intends to return It to the owner whom he knows, but subsequently keeps and appropriates it. What is A’s offence under the existing law, and what under the Code? (d) A places a Itefated candle Linder a bed in his house, intending to burn the house in order to obtain the insurance. The bed takes tire but the fire is extinguished before it burn* any parr of the house. A is indicted for arson. Can he be convicted of it or at all ? What proof would you make in such case and how ? (e) A promises to marry Eh and thereby obtains money from her. He does not marry her, and in fact never intended to, as he Is a married man* What and wherein is the offence, if any, and would the case be different if B knew that A was married ? (f) Two men of the same name live in the same town. One receives a letter con taming a cheque to order which lie knows is for his namesake. He nevertheless keeps it, indorses the cheque with his usual Ig nature, obLaitis the money and appropriates it? ROMAN LAW. Saturday, April 8th ;■ — 2 to 5 p.m, ExamiMr t - ~N- W. Tiiijiholmr, D.U.L. 1 . Write a short essay on the position and importance of Roman Law in the history and growth of Law. 2. Give some account of the different periods in the history of Roman Law and of the characteristics of each. 3 . Give an account and indicate the significance of ; 'he Servian Con- stitution, The XII Tables, The Licininu Rogations, The Perpetual Edict of Salving Julmnus, The Theodoxian Code, The Compilations uf Justinian, 4 . Describe the different institutions that may be said U> correspond with the subject matter of the First Book of Justinian s Institutes . a. GUtswify persons in Roman Law relative to Uberfew, ci vitas, familias, and indicate in proper terms the rights enjoyed by each class under the jus publicum and jus privatum, and the changes of status that might take place ? 0 226 FACULTY OF LAW. 6. Describe Maine's Epochs in the growth of law and the great agencies in ils amelioration, 7, Script™ jus eat lex, plebiscite Senatns consults, principum placita, magi strain uni Edielu, response prudent him : Give an account of each of these and indicate its place among the great agencies in improving the law > B. Translate and explain the following; Grunts pupal! qui legibus et muribna regunlur. partita suo proprio, partim communi omnium liominum jure uinntnr nam quod quiaque populus ipse sibijns conalhuU, id ipsmm civitatis proprium tst, vocaturque jus civile, quasi jus proprium ipsius civi- tatte. Quod vero naturalis ratio inter mimes homines coustituit, id apud oinnee peiirque custoditur, vocaturque jus gentium, quasi quo jure omne* gen tea ntuntur 9. According to Maine what is the difference between the Jus Gentium and Jus Naturale ; and wtmt ibeir influence; 1. On Roman Law , 2. On International Law; 3, On Modern fotms of political thought? 10. What inferences appear deducible from the XII Tables and other early systems as to the nature of primitive society and law ? IL Give an account of ; L Early ah intemte succession i; 2. Of early test atnentary succession including the development of the different forms of wills ? Point out some of ibe ways in which the Roman principle of occupancy has influenced modern theories of acquisition and ownership, and give Maine's criticism of Blacks tone on this subject. What is ihe value in early law of such divisions of property as Res Maaeipi and Res NecMancipi? 13. U I know,” says Maine, M nothing more wonderful than the variety of sciences to which Roman Law, Roman Contract Law more particularly has contributed modes of thought, courses of reasoning and a technical language.” Give his reasons in support of the above statement. I I. Give some account of the nature and features of the earlier and later Roman criminal law and tribunals. When did a real criminal system begin ? How do you account tor the long absence ol the death penalty in Roman Law V LAW OF CONTRACTS. 227 LAW OF REAL ESTATE. Satdhday, II aiicii 4th. Examiner , Prof* W^urtele, D.thL, 1. Deline the right of ownership. 2. What lawg are applicable to and govern real estate ? 3. Define the difference between a real right and a personal right, with respect to a piece of land V 4. What is the nature of the right of a lessee of real estate ? 5. When and under what conditions can a person be compelled! to give up his property ? 6. What difference is there between the public domain of the Crown and the private domain of the Crown ? 7. What la the object of a petitory action ? 0, How many possessory actions are there? Define the object of each kind. fl. What actions relate to Servitudes ? Define the object of each. 10. On whom docs the burden of proof fall in a negatory action, and what is the reason of the rule ? If, What is the object of the action of boundary ? 12, By whom and in what manner can bounds be placed, and by whom is the expense of determining boundaries borne ? h What is the difference between an obligation void and an obligation voidable ; a judgment of nullity and a judgment of recision ? What is the result of both judgments as to the time they take effect ? Are there nulli- ties which do not require to be proposed or pleaded ? 2 . What kind of warranty 15 due in case of eviction or latent defects when adation tn paiement has taken place in voluntary discharge of a natural obligation ; does a partial payment of a natural obligation create a civil obligation for the balance of the natural debt j LAW OF CONTRACTS. Fain ay, December 16th 4 to 6 t*m. Examiner, 0- A, GsoFPfllOK, D.C.L. 228 FACULTY OF LAW. 3 Explain the distinction between the payment by a third party men- tioned in article 1141 and the payment with subrogation authorized by article 1 154. 4. Js the rule contained in article 1149 applicable lo the heirs of the debtor or creditor i can one of several instalments of the same debt past due be tendered without violating this rule? What about arrears of a successive debt, e g* t an annual rent ? 5. Do you apply articles 1151 and 1152 to loan for consumption ur loan for use ? 6, Can a debtor of two debts, one past due ai d the other not yet ma^ iured, claim impuiarion on the latter ; and if he has that right, can he do So in all cases? 7, Describe what is current money and legal tender as defined by our statutes. 3. thin novation be effected of a natural obligation by a civil obligation or vice p erm ? 9 will compensation take place between a debt secured and a debt un- secured? 10. Can the guiety of a debtor losing benefit of compensation under ankle 1192 claim his release, us having taken place to \m benefit prior to the assignment of the debt secured by him ? LMGAfc BIBLIOGRAPHY. Tuesday, December 13 th. £xwin*T* * * Arch - McGour* M.A., B.C.L., Phof. L Who was known as the oracle of the Customary Law? On what cus- tom did he write chiefly ? 2. Who was the most illustrious exponent of Roman Law in France in the XVI Century? 3. Mention some of the principal works of Potbier ; about what period did he write ; what makes his wi Itlngs of special value as an exposition of Lower Canadian Civil law ? 4. What important enactment is the chief basis of our system of Civil Procedure ? Name some commentator upon it 5. Give a sketch of an individual in the revolutionary period whose work had some influence in giving shape to the work of codification. What did he do ? CIVIL PROCEDURE, 229 i 0* Give name and short account of a writer of Ibis century on Roman Law in modern system. 7 * What 13 the nature of the works grouped under the name of Dalloz Jurisprudence G6nfrale du Royaume? g. Mention any four of the leading commentators on the Code Napoleon and some of their works. 9. Wlmt are the principal branches of our law derived chiefly from the laws of England ? 10. Who is regarded as the founder of English Mercantile Law ? State what you know of him. 11. How is the High Court of Justice in England divided V What is its relation to the Court of Appeals? 12. Which is the highest Court in the Empire, and what is the title of the highest judicial officer? 13 . State what you know of ibe highest Court of Justice in France. 14 . Give the names and subjects of works of three modem English writers who have contributed towards the codification of certain branches of the law. 15 . Name any two authors on the law of insurance. 16 . Name any work on Canadian Constitutional law. Any twelve of the above questions to be answered. CIVIL PROCEDURE. Wednesday, December 14th to 6 p.m, Professor Fortin. L What is an action ? How are actions divided? Give a short descrip- tion of each. What conditions are required to entitle a person to bring an action ? 2 . Flow many kinds of pleas are there? State the object of each and when It lies. 3, What is an incidental demand ? When does it lie ? An intervention ? When does it lie ? How is it made ? faculty of law. 2 '3i{ 4. What is a sub-collocation 1 .* By whom and when can it be claimed? What are the remedies against a judgment of distribution? 5, Who can make ft judicial abandonment of property ? to what cases 1 How is it made ? e How i es civil imprisonment ordered and executed ? How can the debtor obtain his discharge ? 7 + Wlmt is a writ of capias ? When and against whom does it lie? Draw an affidavit against a debtor who is about to leave the province of Canada with intent to defraud his creditors? 8, How is the capias contested ? How can the defendant be discharged from the capiat?? SL What is a tnu Jidnmu?^ and when does it lie? How is the demand made? Hi. When does the writ commonly called Quo warranto lie? ] l. What is a writ of prohibition f When does it lie ? 12. What is an injunction? When does it lie? X. B.™ Second and Third year HuidenLs are not bound to answer the first three queai ions. PROCEDURE CIVILE, Mkrqhedj, 14 DioKMBRE 4 a 6 P.w, jtxaminateuri .A* ? * PROFKSSEUa Foetid. 1. Qu'est-ce quhine action 7 Comment se divisent les actions ? Dontiea ime courte definition de ehacime. 2. Combien d'espfcces de p'aidoyera y a-t-il ? Dites quel est Bobjet de ch&cun et dans quels cas il y a lieu de les fair®. 3. Quest-ce qu’une demand® incident e ? Dans quels cas peuHon en faire ? tjne intervention? Quand peut-dle etre faitc? Comment est-eile formic ? 4. Qu'est-ce quTine collocation en sous-ordre ? Par qni et dans quel ca$ psut-elie 3tre demandee? Quels sont les recours centre im jugement de distribution ? CIVIL LAW. 231 5. Qui peut faire tine cession judictaire de sea bieng? Dans quels cas? Comment se fait la cession ? 6. Comment, la contrainte par corps cst-elle ubtenue et eieeuttie? Com tnent le debitenr peut-il gbtenir $on elargissement ." 7. Qifest-ce qu‘un bref de capias ? Quand et con tie qai peut-il cmaner ? Redigez uoo deposition centre im d 6h i Its lif qui est sur le point de quitter la Province du Canada avec rintentiou dc frauder sea creanciers ? 8. Comment le capias eat il conteato? Comment le d^Fendeur peut-il obtenir son el^rgifsement ? 9. Qu r est-ce qtt*un mtndamug ; et dans quels caa peut-il ernaner? Com meat la demands en eat elle formee ? Mi. Quand j a-t-il un bref comm linemen t appeM Quo warranto ? It, Qu'ost-ce qn’iui bref de prohibition 1 ! Bans quels cas peut-il emaner ? 12, Qu 5 e&t-ce qtrtiiL bref d'iiyofl-cfion? Quand peut-il 6mauer? N,B.— Lea ,4tndiant3 de deuxl&me et de troisieme annees ne sont p»3 tenus de repondre an trois premieres questions* CIVIL LAW, Wednesday, April 19th :■ — 4 to 6 p.m. Examiner Jra ‘ iE Dohebty 1. What is the tin lure of the right to the enjoyment of the thing leased created by the contract ot lease of things in favor of the lessee ? In what respects does his right differ from that of a usufructuary •’ 2. What remedy has the lessee in the event of refusal by the lessor to deliver the thing leaser! : («) where the thing leased is in the possession o the lessor. 16) where the thing leased is in possession of a third person ? 3. What is understood by “tacit renewal of a lease "7 When does it take place?. Upon what is it based 7 Docs it give rise to a new engage- meat, or merely the continuation of lire old? 4. A leases a house W B. During the continuance of the lease, and by reason of a defect la construction Misting at the time of the lease, but unknown to either party, the walls of the house crack, rendering the same uninhabitable, and causing serious damage to B. What are the rights of the latter against A? what would his rights be had the defect not existed at the time of the lease, but subsequently come 232 FACULTY OF LAW. / into existence, without fault on A J s part? Give reasons for your an- swers. /* 5 t W hat are the principal obligations of the lessee of a thing? 6. During the pen den ey of the lease of a house it is damaged by fire. The cause of the fire cannot be ascertained. The tenant is deprived of one-third of the premises leased for a period of two months while the same are being repaired. The damage to the property by the lire amounts to §2,000 ? The lessor claims this sum from the lessee; the leasee on his part claims a deduction of J. of his rent for the two months above mentioned. Is the claim of the lessor well founded 7 Is the claim of the leasee well founded ? Give -reasons for your answers, 7. A having leased a property to B for live years, sells the same during the first year of the lease to G? What are the rights of B against C? Arc they affected by the registration or non-registration ot hia lease? What would they have oeen under the law prior to the Code ? 8. What is the effect upon a contract of a lease ot the expropriation for public purposes of the thing leased ? 9. A, a miilder, contracts with B to erect for the latter a house on land belonging to him (B). Eight years after, the house perishes by reason solely of the unfavorable nature of the soil on which it was erected. A had specially stipulated he would not be responsible for any defect in the soil ? Is A liable in damages to B? Would he be so liable if the building had perished by reason of faulty plans furnished by the architect employed by B t and to whose plans A was by his contract bound to conform ? Give the reasons of your answers in both cases. 10. Is a contract for the rendering of personal services made for the life-time of the lessor binding ? Is it so if made for the life-time of the lessee ? In either case give the reason for your answer ? NOTARIAL PRACTICES AND CONVEYANCING. Saturday! April 22nd ; — Afternoon. Examiner, Prof. W. de M, Marler. 1, Give examples of rights which a person may have possessed which do not form part of his succession ? Does a succession ever include property of which the deceased is no longer tbe owner? 2, Gan a succession be testamentary and abintestate at the same time? TRADE-MARKS AND DESIGNS, AND PATENTS. 533 3. What is the Inventory? What are its principal uses? and in general terms when is an Inventory required to be made ? 4, Into what parts is an Inventory divided and describe them? 6, A person who is common as to property with his wife leaves five children, of whom two are minors as his heirs-at-law. His wife survives him. By whom would the Inventory be made and in whose presence ? Q. What delays, if any, are granted to make the Inventory in cases of tutor g, usufruct* substitution. Testamentary executors artd tn close a com- munity dissolved by death, and what penalties are imposed for failure? 7. In the case of TesI amentary executors when is an Inventory not required ? 3. In question five, a Bank deposit is an asset of the community. Who would be entitled to receive it, and what would be necessary to obtain it ? 9. Describe the declaration of transmission of immoveables reauired for registration purposes in cases of (a) intestate successions. Uj) Testamen- tary succession, 10. A succession has been administered by executors who have had the seizing of the moveable and immoveable property for several years, Sketch the deed of partitions, 11. Distinguish between partitions judicially made and compulsory par- titions. 12. What is the object of returns in matters ol succession? State the general principle as to what property is subject to return, and the distinc* tiou between moveable and immoveable property ? TRADE-MARKS AND DESIGNS, AND PATENTS. Friday, April 21st Afternoon, 4 to b. Examiner, Abbott, Q.C, 1. What is a Trade-mark? Give essential elements, and distinguish between the right of property in Trade-Marks, Copyright and Patents. 2. State the general principle governing the use of names and words as Trade-marks. 3. Define a “ false trade -description.” L In what cases may registration of a Trade-Mark be refused? 234 FACULTY of law. 5, State briefly the general rules to be followed in deciding what would constitute an infringement of a Trade-Mark } and remedies civil and cri- minal. fL Define “ Letters Patent of Invention ; ** and state briefly the origin and sources of the law governing them. 7. State shortly what would and what would not be patentable. 8. What are the essentials of the specification and claim required from the applicant for a Patent ? 9. In what cases may Commissioner object to issue a Patent? Pa t * Cularize as to prior publication and user* 10. On what grounds may a Patent be forfeited or revoked ? 11* What constitutes au infringement of a Patent? State briefly the general principles upon which question is to be decided. PRESCRIPTION. Saturday* March IStii : — 3 to 5 p*m* Examiner ® Laflkub, B.A., B.OX. 1. (n.) Can prescription be renounced by anticipation? (A) Is it lawful to stipulate in a contract that the right of action shall be barred by a shorter time than that iixed by the law for Lbe prescription of that right? (c) Can a tutor, upon the advice of a family council and with the author- ization of the Court, validly renounce a prescription acquired by a minor? Give reasons for your answer* 2. In what cases can the Court of its own motion supply the defence resulting from prescription ? 3. Enumerate and briefly explain the various characteristics of the pos- session which avails for the purposes of prescription. 4. What is meant by precarious possession, and what is the effect of it in regard to acquisitive prescription ? 5. A discounts B’a note, receiving at the same time from B a number of bonds as collateral security for the payment of the note. (а) If B pays the note at maturity, but neglects to obtain the return of the bonds, will A’s possession of them after the ^extinction of the debt avail him to prescribe the ownership of the bonds (б) If the note remains unpaid for more than five years after maturity, can B plead that the note is prescribed, the bonds being in A T s possession all the time 7 LAW Of EVIDENCE. 235 6, (ti) Is prescription interrupted by the service of a petition for leave to plead in forma pauperis ? By the filing of a claim with the curator to a debior who has made a judicial abandonment ? By the collocation of a creditor in the distribution of the proceeds of a sheriff's sale of immove- ables'" (6) Will a judicial demand brought against the principal debtor interrupt prescription against the surely? (c) Does the renunciation by a person of a prescription acquired affect the surety ? 7, When does prescription of personal action! begin to rim ; — ftf) With respect to debts depending on a condition ’■ {&) With respect to actions in warranty? (C) With respect to debts with a term? 8, State the period required tor prescription in the following cases Crown rents, municipal taxes, interest on judgments, damages result- ing from offences and quasi-offences, damages for slander, actions in res- cission of contracts for fraud, the acquisition of corporeal immoveables in excess of what is given by the title. 9, (a) What is the menu i tig of the expression u traost&tory title ” as applied to prescription by subsequent purchasers? (6) Is such title vitiated by the bad faith or the precarious title of the grantor ? (c) Is a conditional title available for the prescription of ten years under if anslatory ti tie ? (i) Is a deed of partition a translatory title within the meaning of Art, 2351 U.C.? 10, Discuss briefly the question raised hi Robinson vs. Canadian FadJiG Railway with regard to the prescription of the action of the widow under Art, 105G 0,0. for damages occasioned by the death of her husband through the negligence of a railway company, and state the holding of the 1 rivy Council on this point. LAW OF EVIDENCE. Saturday, March ‘25th. Examiner, - * Professor Archibald 1 , What is an authentic instrument ? What is its efitect ? How may it be contradicted ? 2, How can you obtain copies, making prima facte proof; of a will exe- cuted out of the Province of Quebec ? 3, What persons are incompetent to give testimony 7 236 FACULTY OF LAW* 4. In what cases can proof be made by testimony ? 5. A sells to B in the presence of witnesses 20 casks of sugar, upon a sample of one-half pound extracted from one of them. This sample B takes away with him. Afterwards B refuses to accept the sugar. (Jan the con* tract be proved by parole testimony ? Give your reasons. 6. In what cases and under what circumstances are leading questions admissible? 7. State the circumstances under which and the methods by which a witness may be discredited. 8. Stale summarily the different bases oT the Dominion Electoral Fran- chise, Vi/ FACULTY OF LAW* CONSTITUTIONAL HISTORY. Thursday, l&ili December, 189*2 3 to 6, pm. Ex{tmin&r } «♦*,***«♦♦ **.**,.,, N\ W. Teen holme, D.GX. L ffl but are some ot the things that give importance to the study of the Constitutional History of England? Where are the principles and rules of that Constituitott to be found f and give some account of the documents that constitute the written code of the constitution* and of their nature and importance 7 3. Point out how the English Constitution is an evolution] and from wfcai period Parliament] as at present composed, dates? 4. What are aorne of the advantages of ai English Co isolation as an instrument of popular government, and as regards the means and ways cl working it, compared with modern written constitutions'- What are some of its dangers and disadvantages, and the best means of protection against the same 7 5. Give some account of the substitution of Parliamentary grants for feudal aids and revenues, and of the great influence of ihis change on the constitutional history of the nation ? t>* What was, what has been called the great English Involution of the 17th Century ; and what marked change did the Constitution undergo during that period? 7. Give some account of the origin and history of the two great English political parties ; and of Parliamentary Government by party through a cabinet or ministers as at present practised, noting any marked changes during the period in the influence of the Crow n and the causes thereof V 8. How do you account for the paucity of needed reforms in the laws and constitution during lire last century and first quarter of the present ; and mention some of the great reforms thai have since W en place? 9. Give some account of the Acta of Union itfith Scotland and Ireland, and id the differences in tbe position of these two countries since Hie Act ol Union with Scotland. 10. W bat are the principal constitutional changes that have taken place in France since 1789 * 224 FACULTY OF LAW, . CRIMINAL LAW. Saturday, Apart 1st:— 2 to 5, p.m. Examine t, ,.,.Peiof. Teienholmh 1. What is criminal law ; and j^i^e some account of the formation of the system of criminal law introduced into Canada at the Cession, and of some important ameliorations in it since and previous to the Criminal Code of! 892? 2. What are some of the most important changes and improvements ef- fected by the Criminal Code : 1 , in the substantive law; 2, in procedure ? 3. What are the principal grounds of excuse for acts prima Jack crimi- nal ? What rules does the CYrie su'opi as regards excuses bated on insan* it)' ? May drunkenness or iguojuuce oJ law ever be invoked as a defence? 4. What are treason, seditions libel blasphemous libel, defatnaiory Jibe! ? What difference in the pleas admissible in these different kinds of libel V What wn? the Statute of Treasons, what Fox's Libel Act, n h a i Lord Cumnbeirs Act respecting libel ? fj. Classify homicide, and give the essentials of each kind. Define mur* derand manslaughter in accordance with the existing law. G. Classify the different offences against properly, and inditHle the essentials under the Code to constitute theft, false pretences, robbeiy, burglary, house breaking, forgery, arson, 7. Give a brief account of the growth of the law of forgery. Indicate the proof required to be made in an ordinary case of forgery, and how it may be made, 8* Explain the following: petit treason, petit larceny, grand larceny,, compound larceny, the pillory, benefit of clergy, peine fort et dure, deo- dand, imparl 9* Give in proper terms and order the successive proceedings to convic- tion against an offender for an indictable offence, indicating the different pleas that may be pleaded and any exceptional provisions in procedure in case of treason or murder. State when and on what principle a jury may convict of a different offence from that stated in the Indictment. ML State the offence, if any, in the following instances, giving in each case the principle of your decision (a) A being freshly pursued by B for robbei^ turns on B, and in order to escape inflicts on him a dangerous bodily injury of which B dies. Would the offence be different if the immediate cause of B p s death was improper treatment? i HOMAN LAW. (6) A, who resides in Canada, and has a wife living, marries B « TJ- S. What facts would you require to prove to convict A of bigam^ and how would you prove them ? Would B be a good witness against A ? (c) A finds a sovereign, or is paid one by mistake for a shilling. At first he intends to return it to the owner whom he knows, but subsequently keeps and appropriates it . What is A’s offence under the existing law, and what under the Code? (rf) A places a lighted candle under a bed in his house, intending to burn the house in order to obtain the insurance. The bed takes tire but the fire is extinguished before it burns any parL uf the house, A is iu dieted for arson. Can he be convicted of it or at air? What proof would you make in such case and how? (e) A promises to marry B. and thereby obtains money from her. He does not marry her, and in fact never intended to, as he is a married man. What and wherein Is the offence, if any, and would the case be different if B knew that A was married ? (f) Two men of the same name live in the same town. One receives a letter containing a cheque to order which he knows is for his namesake, Ee nevertheless keeps it, indorses the cheque with his usual ig nature , obtaios the money and appropriates it? ROMAN LAW. Saturday, April 8tb 2 to 5 p.m. Examiner,.... *■ ■■ ■ »N. W. Trbmbouub, D,C.L. 1. Write a short essay on the position and importance of Roman Law in the history and growth of Law. 2. Give some account of the different periods in the history of Roman Law and of the characteristics of each. 3. Give an account and indicate the significance of; proprio, partim eommuni omnium horninum jure u tun tn r tmm quod quisque populus ipse sibi jus cornu tuR, id ipdurn civitatis proprium est, vocatnrque jus civile, quasi jus proprium ipsius Civi- Utis. Quod VPF£> natural is ratio inter omnea homines consliluit, id aped ornnes ptifleqdfe custoditur, vocaturque jus gentium, quasi quo jure omnes gentes ut until r. 9 , According to Maine what is the difference between the Jus Gentian* and Jus Naturale ; and w ft at their influence t 1. On Roman Law; 2. On International Law; 3. On Modern forms of political thought ? 10. What inferences appear deducible from the XH Tables and other early systems as to the nature ot primitive society and law ? XL Give an account of: 1. Early ah intestate succession; 2, Of early testamentary succession including the development of the different forms of wills ? 12. Point out some of ihe ways in which the Roman principle ol occupancy has influenced modern theories of acquisition and ownership, and give Maine’s criticism of Blackstone on this subject. What h die value in early law of such divisions of property as Res Mancipi and Res Nee Mancipi? 13. u I know/’ says Maine, li nothing more wonderful than the variety of sciences to which Roman Law, Roman Coniract Law more pantcularly has contributed modes of thought, courses of reasoning and a technical language.” Give hia reasons in support of the above statement. 14. Give some account of the nature and features of the earlier and later Roman criminal law and tribunals. When did a real criminal system begin ? How do you account for the long absence of the death penalty in Roman Law ? LAW OF CONTRACTS. 227 LAW UF REAL ESTATE. Saturday, .March 4th. Examiner , „ Prof. Wurtrl*, D.C Jj+ T Define the right of ownership. 2, What laws are applicable to and govern real estate f 3* Define the difference between a real right and a personal right, with respect to a piece of land 7 4. What is the nature of the right of a lessee of real estate T 5. When and under what conditions can a person be compelled to give up his property ? 6. What difference is there between the public domain of the Crown and the private domain of the Crown ? 7. W hat is the object of a netltory action ? 8* How many possessory actions are there? Define the object of each kind, a What actions relate to Servitudes ? Define the object of each. 10. On whom does the burden of proof fall Jn a negatory action, and what is the reason of the rule ? 11. What is the object of the action of boundary ? 12. By whom and in what manner can bounds be placed, and by whom is the expense of determining boundaries borne? LAW OF CONTE A CIS. Friday, December 16th :■ — 4 to 6 P-M. Examiner, c - A ‘ Geo1 " fhiok ' D.C.L. 1. What is the difference between an obligation void and an obligation voidable ; a judgment of nullity and a judgment of recision ? What is the result of both judgments as to the time they take effect? Are there nulli- ties which do not require to be proposed or pleaded ? 2 What kind of warranty ia due in case of eviction or laleot defects when a dalion tn payment h« taken place in voluntary discharge of a natural obligation ; does a partial payment of a natural obligation create a civil obligation for the balance of the. natural debt? 228 FACULTY OF LA\Y # 3. Explain the distinction between the payment by a third party men- tioned in article 1141 and the payment with subrogation authorized by article 1 154* 4. Is the rule contained in article 1149 applicable to the heirs of the debtor or creditor ; can one of several instalments of the same debt past due be tendered without viola ting this rule 7 What about arrears of a successive debt, e # +J an annual rent? 5. Do you apply articles 1151 and 1152 to loan for consumption or loan for use ? G, Can a debtor of two debts, one past due and the other not yet ma- tured, claim impuiaiiofi on the latter ; and if he has that right, can he do so in all cases? 7* Describe what is current money and Ip gal tender as defined by onr statutes. 8, Can novation be effected of a natural obligation by a civil obligation or rice vert a ? 9. Will compensation take place between a debt secured and a debt un- secured V ■ Id. Can the safety of a debtor losing benefit of compensation under article 1192 claim bis re lease, as having taken place to his benefit prior to the assignment of the debt secured by him ? LEGAL BIBLIOGRAPHY. Tuesday, DscEMBBtt 13 th. Examiner, *-** Arch. McGoux, M.A +J B.O.L., P^of. 1. Who was known as the oracle of the Customary Law? On whatcns* tom did he write chiefly ? * 2. Who w*is the most illustrious exponent of Roman Law in France in the XVI Century ? 3. Mention some of the principal works of Puthier ; about what period did he write ; what makes his wi kings of special value as an exposition of L o we r Can ad mu Civil la vv ? 4* What important enactment is the chief basis of our system of Civil Proce lure ? Name some commentator upon it* 5. Give a sketch of an individual in the revolutionary period whose work had some influence in giving shape to the work of codification. What did be do ? CIVIL procedure. 220 tf. Give name and short account of a writer of this century on Roman Law in modern system. 7. What -is the nature of the works grouped under the name of Dalloz Jurisprudence G Sue rale du Roy a u me ? 8. Mention any four of the lending commentators on the Code XapoKon and some of their works. 0. What are the principal branches of our law derived chiefly from the laws of England ? 10. Who is regarded as the founder of English Mercantile Law ? Htate what you know of him. 11. flow is the High Court of Justice in England divided? What is its relation to the Court of Appeals ? 12. Which is the highest Court in the Empire, and what is the title of the highest judicial officer? 13. State what you know of the highest Court of Justice in France. 14. Give the names and subjects of works of three modern English writers who have contributed towards the codification of certain branches of the law. IB, Xame any two authors on tbe law of insurance. Id. Name any work on Canadian Constitutional law. / — Arty twelve of the above questions to be answered. CIVN. PROCEDURE. WednWoav, Dkosmber Uth:— 4 TO G F.M. . Examiner, Phokkssob Fortin. 1. What ia an action 7 How arc actions divided? Give :i abort deacrin- tion of each. What conditions are required to entitle a person to bring an action ? 2. How many kinds of pleas are there? State tbe object of each and when it lies, 3. What is an incidental demand ? When does Et lie ? An intervention? When does it lie? flow is it made? 230 FACULTY OF LAW. 4. What is a sub- collocation ? By whom and when can it be claimed? What are the remedies against a judgment of distribution ? 5 r Who can make a judicial abandonment of property ? In what cases ? How is it made ? 0, How is civd imprisonment ordered and executed? How can the debtor obtain his discharge? 7. What is a writ of capias ? When and against whom does it lie? Draw an affidavit against a debtor who h about to leave the province of Canada with intend to defraud his creditors? 8. How is the capias contested? How can the defendant be discharged from the capias? 9. What is a mandamus^ and when dues it lie? How is the demand made ? 10. When does the writ commonly called Quo warranto lie? 1 1. What is a writ of prohibit ion? When does it lie ? L2. What Is an injunction? When does it lie? N.B. — Second and Third year Students are not bound to answer the first three questions. PROCEDURE VIVILK. MSHCREOIj 14 DjIOGMtlHK: — l A 6 PvM. Exa m ina ieur } Professeu a F or tir, 1. QiFest-ce qu'une action ? Comment se divteent les actions ? Donnez one courte deffnition de ehaenne. 2, Combicii d espoces de pl&idoyera y a-t-il? Dltes quel est Pobjet de chacun et dans quels cas il y a lieu de les faire. 3, Qifest-ce qu’une demande incidente ? Dans quels cas peut-on en faite ? [Joe intervention? Quaud pent- - elle etre faite? Comment est-elle formic ? 4. QiTest-ce quhme collocation en sous-ordre ? Par qui et dans quel cas peut-elle utre deni an doe ? Quels sunt les i-ecours centre un jugement de distribution ? CIVIL LAW. 231 5. Qui pent faire une cession judtciftire de sea biena ? Dans quels nas? Comment se fait la cession ? 6. Comment la eoutr&iiHe par corps ost-elle obtenne el ei&cut^e 1 * Com ment le debiteur peut-il obtenir son ^larghsemeot? 7. Qu’eat-ce qiVtin bref de capias ? Quand et contre qui peut-il etna a er ? Kedigea uue deposition eontre no dobiteur qui eat sur le point de quitter la Province du Canada avec Pin tent ion de frander ae» creancieEs? 8. Comment le capias est-il conteate ? Comment le d&fendeur peut-il obtenir son elargissetnent */ 9. Qa'eat-ce qu’im mindamus ; et dang quels cas peut-il emaner? Corn ment la demands en esuelle formee ? 10. Qnand y a-til \m bref commandment appele Quo warranto? 1L Qifest-ee qifun bref de prohibition? Dans quels cas peut-il emaner? 11 Qu’est-ce qu’un bref dHnjonetion? Quand peut*il emaner? _Lea etudiants de dousieme et de troisiome annoea ue so at pas tenus de repoudre au trois premieres questions. CIVIL LAW. Wednesday* Apr n- 19 th ; — 4 to G f.m. Examiner, .Judge Doughty 1. What is the nature of the right to the enjoyment of the thing leased created by the contract of lease of things in favor of the lessee ? In what respects does his right differ from that of a usufructuary? 2 What remedy has the lessee in the event of refusal by the lessor to deliver the thing leased : «r) where the thing leased is in the possession o the lessor, (6) where the thing leased is in possession of a third person .> 3 What is understood by “tacit renewal of a lease”? When does it take place ? Upon what is it based ? Does it give rise to a new engage- ment, or merely the continuation of the old ? 4. A leases a house to B. During the continuance of the lease, and_ by n ()f a defect in construction existing at the time of the lease, but unknown to cither party, the walls of the house crack, rendering the same uninhabitable, and causing serious damage to B- What are the rights of the latter against AT what would ins rights be had the defect not existed at the time of the lease, but subsequent, y come 232 FACULTY OF LAW. into existence, without fault on A t s part? Give reasons for your an- swers. 5, What are the principal obligations of the leasee of a thing? 6, During the pendency of the lease of a house It Is damaged by fire. The cause of the fire cannot be ascertained. The tenant is deprived of one-third of the premises leased for a period of two months while the same are being repaired. The damage to the property by the fire amounts to $2,0M ? The lessor claims this sum from the lessee ; the lessee on tils part claims a deduction of | of bis rent for the two months above mentioned. Is the claim of the lessor well founded ? Is the claim of the lessee well founded ? Give reasons for your answers. 7, A having teased a property to B for five years, sells the same during the first year of the lease to C ? W hat are the rights of B against C t Are they affected by the registration or non-registration of his lease? What would they have been under the law prior to the Code ? S. What is the effect upon a contract of a lease of the expropriation for public purposes of the thing leased * 0, A, a builder, contracts with B to erect for the tatter a bouse on land belonging to him (R), Eight years after, the house perishes by reason solely of the unfavorable nature of the soil on which it was erected. A bad specially stipulated he would not be responsible for any defect m the noil ? Is A liable in damages to B? Would he be so liable ]f the building bad perished by reason of faulty plans furnished by the architect empioved by B. and to whose plans A was by his contract bound to conform ? Give the reasons of your answers in both cases. 10. Is a contract for the rendering of persona! services made for the life-time of the lessor binding ? Is it so if made for ike life-time of the leasee ? In either case give the reason for your answer ? NOTARIAL PRACTICE AND CONVEYANCING. Saturday, Aprii. 22ni> 1 — Aftfrkogk. Examiner ....Prof, W. de M. Mauler, 1, Give examples of rights which a person may have possessed, which do not form part of his succession ? Does a succession ever include property of which the deceased is no longer the owner? 2. Can a succession be testamentary and abintestate at the same time ? TRADE- MARKS AND DESIGNS, AND PATENTS. 233 3. What is the Inventory? What are Us principal uses? and in general terms when ban Inventory required to be made ? 4. Into what parts is an Inventory divided and describe them.? 5. A person who is common as to property with bis wife leaves five children, of whom two are minors as hb heirs-at-law. His wife survives him. By whom would the Inventory be made and in whose presence ? 6. What delays, if any, are granted to make the Inventory in cases of tutors, usufruct* substitution, Testamentary executors and to close a com- munity dissolved by death, and what penalties are imposed for failure ? 7. In the case of Testamentary executors when is an Inventory not required ? 3, In question five, a Bank deposit ia an asset of the community . Who would be entitled to receive it, and what would be necessary to obtain it ? 9. Describe the declaration of transmission of immoveables required for registration purposes in cases of (a) intestate successions* (6) Testamen- tary succession. 10. A succession has been administered by executors who have had the seizing of the moveable and immoveable property for several years. Sketch the deed of partitions. U. Distinguish between partitions judicially made and compulsory par- titions. s 12, What is the object of returns in matters of succession ? State the general principle as to what property is subject to return, and the distinc- tion between moveable and immoveable property ( TRADE-MARKS AND DESIGNS, AND PATENTS, Friday, April 21e# A fternoon, 4 to fi. Examiner, , Pbop - Abbott ’ Q - C ' 1. What ia a Trade-mark? Give essential elements, and distinguish between the right of property in Trade-Marks, Copyright and PateaU. 2. State the general principle governing the use of names and words as Trade-marks, 3. Define a 61 false trade-description,” 4. In what cases may registration of a Trade-Mark be ret used > V 234 FACULTY OF LAW. 5. State briefly the general rules to be followed in deciding what would constitute an infringement of a Trade- Mark ; and remedies cm l and c pi- rn inaL G. Define “Letters Patent of Indention ; ” and state briefly the origin and sources of the law governing them, 7. State shortly whaL would and what would not be patentable* 8. What are the essentials of the specification and claim required from the applicant for a Patent? 9. In what cases may Commissioner object to issue a Patent ? Pa t - cuiarize as to prior publication and user* 10. On what grounds may a Patent be forfeited or revoked ? II* What constitutes an Infringement of a Patent? State briefly the general principles upon which question is to be decided. I* - , .. r ' PRESCRIPTION. Saturday* March 18th': — 3 to 5 pj[* Em Examiner T — E, Lafledr, B,A. f B.C.L* 1, (a) (Jan prescription be renounced by anticipation? (b) Is It lawful to stipulate in a contract that the right of action shall be barred by a shorter time than that fixed by the law for the prescription of that right? (e) Cana tutor, upon the advice of a family council and with the author* f&ation of the Court, vaMly renounce a prescription acquired by a minor? Give reasons for your answer. 2, In what cases can the Court of its own motion supply the defence resulting from prescription ? 3* Enumerate and briefly explain the various characteristics of the pos- session which avails for the purposes of prescription. 4. What Is meant by precarious possession, and what is the eSbct of it in regard to acquisitive prescription? 5* A discounts B T s note, receiving at the same time from B a number of bonds .as collateral security for the payment of the note. O) if B pays the note at maturity, but neglects to obtain the return of the bonds, will A T s possession of them after the ^xtinctiou of the debt avail him to prescribe the ownership of the bonds (6) If the note remains unpaid for more than five years after maturity, can B plead that the note is prescribed, the bunds being in A’s possession all the time ? LAW OF EVIDENCE, 235 6. {«) la prescription interrupted by the service of a petition for leave to plead in forma pauperis ? By the filing of a claim with the curator to a debtor who has made a judicial abandonment ? By the collocation of a creditor in the distribution of the proceeds of a sheriff's sale of immove- ables V (b) Will a judicial demand brought against the principal debtor interrupt prescription against the surety? ( e ) Does the renunciation by a person of a prescription acquired affect the surety ? 7. When does prescription of personal actions begin to run fa) With respect to debts depending on a condition ? , <&) With respect to actions in warranty? * (C) With respect to debts with a term? 8* State the period required for prescription in the following cases Crown rents, municipal taxes, interest on judgments, damages result- ing from offences and quasi -offences, damages for slander, actions in res' cission of contracts for fraud, the acquisition of corporeal immoveables in excess of what is given by the title, 9* (a) What is the meaning of the expression u translatory title' ’ as applied to prescription by subsequent purchasers ? (&) Is such title vitiated by the bad faith or the precarious title of the grantor ? (c) Is a conditional title available for the prescription of ten years under translate ry title ? (tf) Is a deed of partition a trauslatory title within the meaning of Art. 2251 O.Q.? 10* Discuss briefly the Question raised in Robinson vs. Canadian Pacific Railway with regard to the prescription of the action of the widow under Art. 1056 C. CL for damages occasioned by the death of her husband through the negligence of a railway company, and state the holding of the Privy Council on this point. 1. What is an authentic instrument? What is its effect? How may it be contradicted 7 2. How can you obtain copies, making prima facie proof; of a will exe- cuted out of the Province of Quebec? 3. What persons are incompetent to give testimony ? LAW OF EVIDENCE. Saturday, March 25th. Examiner, Professor Archibald f 236 FACULTY OF LAW. , 4. In whM eases can proof be made by testimony ? 5. A sells to B in the presence of witnesses 20 casks of augar, upon sample of one-halt pound extracted from one of them, This sample B takes away with him. Afterwards B refuses to accept the sugar. Uan the con- tract be proved by parole testimony ? Give your reasons. 6. In what oases and under what circumstances are leading questions admissible ? 7. State the circumstances under which and the methods by which a witness may be discredited. 8. State summarily the different bases of the Dominion Electoral Fran- chise. .. Faculty of Law. r a a I : CL I; i:: 5 * . U FACULTY OF LAW- ROMAS LAW* Tuesday, ITth December 1895, 3 p.it. JJiammei-, N. W. TftBNHOUM*, Q,U, f D s an , L Define Re^ 7 and give the classifications and divisions of Rea in u^e Institutes. 2 Singulars m nutem homiuum uiuliis modi $ res Hunt Men Lion sod cUiil fy these modes, with special notice of Ge&upatlo and Accesaio 3. Venditao vero res tet tradilae, non alitur emiuori acquirontur, quarn si is vend i tori predion solvent, vei alio inodu ei satis teceriT, vehui ex- prumissore ant pignore dnto ; quod quanquam eavetur ex lege d nude eim tabuUrum, tamen recte dicitur et jure gentium, id est, jure natural), id edict ; sid si is qui vemlidit tide in emptoriq sequtuus fuerit, dice nd urn est stiitim rem e raptor is fieri. Give some account historically of the principles of iLls paragraph, 4. Give some account of Possession and the principal rights ami remedies ot'ihe possessor ia Roman Law and in our law, 5. Mention the principal Jura in lie, 6. Giro some account of Usufruct and Emphyt eusis, an d of the rights and obligations of the Usufructuary. 7. What does the first book of the Institutes deal with ? and give some account of the Institutions dealt with in it. 3. Classify persons In Roman Law from the point of view of Libertas, Civitas and F am ilia, 9, Give the different kinds of Tutorship in Roman Law, and explain their object, and the principal duties and obligations ot the Tutor. Explain the maxim, Tutor persone dal nr ; Curaior rei. 10. What was Guratorship in Roman Law, and what its different kinds ? Wbal kinds exist in our law ? 24 362 FACULTY OF LAW* 11- Explain Adoptlo ; Arrogntjo; Legi’im&tio j Capitis Dimtoutio; Justae Nuptiae ; Matniuonium ; Concnbinatua ; Contuburnium : PeeuIIa. 12. Translate : —8ed hoc tetttpore nullis bominibits. qui sub iinperio nostro sunt, licet, side causa Tegibus cognita, in servos boos < supra raodum) saevire* Nam, ex cons til utione divi Antonini, qui sine causa servumsumn Occident, non minus puntri jubetur, qaum si alien nm gerpnm Occident. vSed et major asperitas dominorura ejusdem principis eonsii- tutione, eoercelur ; iiam (Antoninus) eonsuHus a quibusdam praesidibus Provinciarum da his servis qui ad aedem sscram vei ad stutuam princi- puin confuginnt, praecipit, ut si mtolerabilis videatur saevitia domin- ortiw , cogantur servos suos boais coiiditionibus vendere ut pretium dom- ing ilarelur ; et recte ■ erpedit enirn Reipublicae, ne sua re qutg mate uiaiur. OBLIGATIONS Satdrdav, 2 1st October, 1895, 3 to d p.m. Kzaminer, - «N. W. Teenholmk, D C\L, Dean. I. Write briefly on law, its sources* divisions and subject matter. 3. Describe in historic order and classify the different kinds of contracts in Roman Law. 3. Discuss pignus and the growth of the law of security on property. 4. Give the different kinds of deposit and the leading rules on each. 5 Give the different causes of obligations and the essentials of a valid obligation and of a valid contract. ti. What are the principal vices in contracts, and when and by whom may they be invoked ? 7* What remedies have creditors against acts of their debtors, and when and how may they be exercised ? th^effeefof^r^ 111 ** l ° detkults and da *»*g^ in our law, noting Give the leading rules and distinctions as to obligations from toris, and as to the responsibility and recourse of others than the wrong-doer 10, Discuss tranxlatio actionis in torts. M. Give some account of U, e different kinds of suretyship in Roman Law* and of the beneftcia of sureties. LAW OF REAL ESTATE, 303 12. Explain : actio strict! juris ; actio directs, ; actio contraria ; nexi j atipulatio dc dolo ; nox£e detiitio ; obligatlo naturalis ; condictio indebitij Ifesio^ edlctum, nay tae caupones, etc. ; actio serviana and quasi Servian a. LAW OF REAL ESTATE. Saturday. 14th March, 1896 j — 3 to 5 p.m. Examiner , ... Professor Wcrtele, D.C.L, 1. In 1750 what tenure 1 ;;, existed in the Province of Quebec 2 2. Describe shortly the nature of the tenures under which lands were then held 2, What tenure was subsequently introduced 7 4. Describe shortly this last tenure. 5 . What provisions respecting the granting of lands are contained in the Quebec Act, 1774, and in the Constitutional Act, 1791 7 6. When and how was the question of what system of laws applied to township lands settled ? 7. When and how was the seigniorial tenure abolished ? 8. Under what tenure are lands now held in the Crown Seigniories ? And what modifications in the obligations of their holders have been made? y. What law governs lands in Indian Reserves? 10. How is real estate classified as to its relations with those to whom it belongs? COMMERCIAL LAW. joint STOCK companies AND CORPORATIONS. Monday, December 16tu, 1395. Examiner, *w>». Q- c -, M - A -> D C L ' l where resides the power of creating a corporation, and how is such power exercised in the Dominion of Canada as to the formation of Joint Stock Companies ? 2. What are the peculiar properties or characteristics of the Corporation proper, and how far are they possessed by an incorporated Joint Stock Company ? f 364 FACULTY OF LATV. ?,. Explain the meaning of the terms “body politic and corporate “ tig applied to a Joint Stock Company* 4. What is the relationship existing between the State and the Company incorporated by it, and the Company and its shareholders? Explain fully* 5. Explain the terms [t Capital/ 1 “Shares/’ “ Shareholder/* ** Preferen- tial Capital/’ “ Preferential Shares / 7 ■ 1 Pro visional Directors* 17 6. It is proposed to form a Company with a capital of $750,000, for the purpose of carrying on within the Dominion the business of mannf&ctur* ing and selling paper; detail concisely, but fully, the steps necessary to be taken to carry such proposal into effect. i. How may a person become a sbs re holder in such Company; what are his rights and obligations as well towards it, as lo his co-shareholders and third parties, and bsw can he escape liability? What is Hie position of the above Company in Hie Province of Que- bec as lo carrying on business there, and holding and dealing in real estate ? and refer to decided cases bearing on this question. 9, Explain the terms “nominal” and “paid up” capital, and state how the one may be changed into the other, and the effect, if any, as to the credll of the Company. 10, Explain what is meant by the “ corporate powers *’ of an incor- poraied Company; how determined j to what extending, and how limited. 11, How are the affairs of a Joint Stock Company administered, and what is the position of the parties relatively to the Company, and what are their chief powers? What is necessary to effective and legal action on their part ? 12* State the means of dissolution of a Corporation under the Civil Code, and the application of each Lo a Joint J3Lock Company. 13. What is the effect upon the Company of a petition to the Court under the Winding up Act, for the « winding up " of the Company, and what is the position of the liquidator when appointed ? 14. How far do the Winding up Act of the Dominion and Amendments thereto, apply to foreign companies doing business in Canada, and having assets here ? and refer to and explain the following cases : Allen & Han s on ; the Quebec Bank vs, Bryant k Fowls intervening. CRIMINAL LAW, 365 CRIMINAL LAW— (Partial Course), Saturday, 28th March, 1895;— 3 to 5 p.m. Examines L. II. Davidson, Q.H, D.U-L. 1, Wliat is a crime ? What are its essential elements? Explain each briefly. Distinguish between a crime and a civil injury or wrong. 2, Define the term u Punishment ,T in connection with crimes, and state what considerat ions should be taken into account in determining the same, 3, What were the principal divisions of Crimes and Offences before the Code? Explain each, and show how dealt with under the Criminal Code of Canada. A How were participants in Crimes formerly classified ? Explain the distinction and state what differences if any have been made by the Code, 5, Upon what grounds may a person committing an indictable offence be protected from punishment 7 6* Define and distinguish be twee u (a) culpable and non culpable homicide, (A) murder and manslaughter, (c) justifiable aud excusable Homicide. 7. Give definition of an unlawful assembly, and distinguish between a Riot and an Affray, 8. Explain the terms Misprision, Misprision of Felony. 9. Distinguish between the indictable offences of Perjury, Subornation of Perjury, False Oaths and Fabricating Evidence, and state under which general division of Indictable Offences, they fall. 10. What changes iTany have been made by the Code iu the law relat- ing to Perjury. sod support by reasons. 11. Give the chief ingredients of the crim- of Piracy, and explain what ia meant by the u Law of Nations ** in this connection, 12. What is the essence of the offence a *' Blasphemous Libel ”? Swc rjn reasons assignable for its cognizance by Secular Courts. 13. Distinguish between the indictable offences Escape aud Rescue ; Prison Breach aud Escape, 366 FACULTY OF LAW, EYTDEXCE-f PARTIAL COURSE). S.vTCApA'y, 18rtt Aciul t 18M 3 to 5 p.m. Examiner, *«.*.», ......... .PnoF. Davidson, D.C.L., Q,C. 1. Distinguish between * 4 Evidence” and “Proof,” and between u Direct ” and li Presumptive ” evidence, 2. State the general principle as to Competency of witnesses, and a he leading exceptions thereto ; and explain briefly each of the latter, 3. Explain shortly the distinction between Prim ary or Best evidence and Secondary evidence ; and show when the latter is admissible* 4. Distinguish between an Authentic and Private Writing, and explain the force of each as proof, (jive the principal classes of Authentic writings referred to in the (lode. 5. Distinguish between 41 Admissions” and * l Confessions ; " and between Presumptions juris, et jurU et de jure ; both as to character and effect. 6. Explain the different ways under the Code and Code of Civil Proce. dure by which the testimony of a Party to a suit may be had, and the effect in each cage. 7. [n what cases nmy proof be made by testimony under the Code and wliat limitations If any are there? 8. State the principal cases of Exclusion of evidence on grounds of Public Policy. CONSTITUTIONAL LAW. Saturday, 7th March, 1893 ;--3 to 5 pm, HxamineTy Prof. Arch McGouH, M.A., B.C.L, 1, In respect to fundamental laws, state the difference between countries that have a written constitution and countries that have not. 2. Explain the doctrine of the Sovereignty of Parliament. 3* How does the British constitution differ from an absolute monarchy on the one hand, and from a pure democracy on the other? 4' Who is responsible to Parliament for the exercise of the Royal Prero- gative, and mention one or twu powers exercised In virtue thereof. BIBLIOGRAPHY OF THE LAW OF LOWER CANADA. 307 5. £how the connection in the British Constitution between the Execu- tive find the Legislative I nactions of Government. & What is given as the date of the origin of the House of Commons j and what is the nature of the mandate from the electors to the members of the House of Commons ? i. Explain ibe effect on the composition of’ the Upper House* of its mem- bers being nominated by the Crown or Cabinet- 8- In what respect chiefly does the Federal Constitution of Canada dif- fer from the Federal Constitution of the United States’" 9. What was decided in “the case of the Bank of Toronto v. Lamb, with respect to provincial powers of taxation? 10, What was the holding of the Judicial Committee of the Privy Council in the Barrett case, and what in the Brophy ease, under the Edu- cational clauses of the Manitoba (Constitutional) Act of 1870? BIBLIOGRAPHY OF THE LAW OF LOWER CANADA. Thursday, 24th Octoejeh, 1895 =— 4 to 6 p.h. Examiner Jt * * ... AftOH. McGoun. SI A., B,C,L» 1. What branch of the law forms the subject of the Civil Ordinance of 1667 7 Name the author of a commentary upon itl State its relation to our present law. Z Whose work on the Custom of Paris is used m large and small forms ? Name any great commentator upon the Custom. 3. What early system of Roman law was introduced into the Frankish territories before Justinian ? Name at least one early commentator on Roman law in France. 4. Give a brief account of Pothlers works, stating what custom formed the base of his commentary, and explain the special importance of his work m its bearing upon our law. 5. State the part taken in preparation for the Code Napoleon by Gam- 6. What branches of law in Lower Canada are derived from the laws of ^ England ? bacercs. 368 FACULTY OF LAW, 7, Distinguish between Ordinances and Statutes in oar modern law. Name the periods during which the laws were termed Ordinances, 8- Mention the periods of Sir Matthew Hale, Sir Edward Coke and Sir William Blackstone. & In what manner did Lord Mansfield proceed to build up the system of English mercantile law? 10, What drafts of criminal law were prepared by Sir James Fitsjames (Lord Justice) Stephens ? 11, Mention two authors on the Law of Bills and Notes. 12, Mention a work by an English writer on the Law of the CoustRu- tion ; algo a work on the British North America Act or on the Federal Constitution of Canada. IS. Name any four series of Reports of cases decided by Courts haring Jurisdiction in this province, 14. Of what leading work is Demolotnbe the author, and by whom has his work been continued ? 15. Mention recent editions of the Civil Code of Lower Canada, of the Code of Civil Procedure and of the Municipal Code. CIVIL LAW* (Prescription,) Saturday, Decider 14th : —Afternoon, 2 to 4. Ex a min*: r,* 1 What is prescription ? How essential condition of each 2 .Pnop* Fortin* many kinds are there? What i s the 2, What Is the effect of renunciation to prescription ■ (a) Made by anticipation ? (4) Made for the time elapsed ? (e) To prescription acquired? Who can renounce prescription ac- quired and who cannot? 3. What law governs prescription with regard to immoveables? As to moveables and personal actions ? 4, What is possession? How is it acquired ? How iait is it lost? Describe the different characters possession must have for prescription* retained and how in order to avail • municipal law. 3'6s fi, W hat is precarious possession v What is the effect of precarious pos- session 7 Quid ns i'O the successors by universal title of a precarious possessor? 6, What is inter version of title ? How is it effected? What is its effect as to prescription ? 7. Quid as to purchasers in good faith from precarious possessors? 8. What is the meaning and effects of the rule that no one can prescribe against his title 7 Quid as to negative prescription ? 9, FTo w is prescription interrupted : 1, Naturally ? 2. Civilly ? MUNICIPAL LAW. Thursday, April 2nd, 1896 Afternoon, 3 TO 5. E%a m in* r , Prop. Fortin. L What is a municipal corporation ? How many kinds are there ? 2. What are the members of a municipal corporation ? By whom are the affairs of a municipal corporation administered ? 3. What persons compose a county council 7 A local council? 4. How are the members of a local council appointed ? What is a municipal elector 7 ft. Describe the proceedings of a municipal election from the opening of tlie meeting to Lhe holding of a poll, when such poll is necessary. 6. Who can contest the election of a councillor on the ground of violence, corruption, fraud or incapacity, or 'for non-observance ot the necessary formalities ? The election of a mayor upon the same grounds? 7. How is the contestation made? By what tribunal is it decided 7 What grounds of defence can bo urged against the candidate tor whom the seat is claimed ? 8. Quid if a councillor resigns before the decision of the contestation? How is his successor appointed? Within what delay . 370 FACULTY OF LAW. REGISTRATION OF REAL RIGHTS. Examiner , .... .......... . * . . ...... .... Prop, M arler. 1 . What real rights are exempt from the formality of registration ? 2. What is the Effect of a delay given for registration. To what real rights are such del ay a granted, and their extent ? 3. Explain fully the nature and extent of the vendor’s privilege ? 4. What are the Essentials of a conventional Hypothec ? A By deed of sale dated 31 January, 1896. A sells to B an immove- able for $l s 000. The deed is registered 15 February. 0 registers 14 February, 1896, a Hypothec granted by A ou 20 December, 1895, (а) State B’s position, (5) If he had not paid the price, would it have made any difference? 6. By deed dated 31 December, 1895, A sells an immoveable to B for $3,000, whereof $1,000 are paid cash, leaving $2,000 due A. The deed is registered 15 February, 1896. A Hypothec granted by B on same property m favor of C is registered 1st February, 1896. (#) How do A and G rank ? (б) How could a different result have been obtained ? 7. A Hypothec is granted by A for $1,000 in favour of B on pro- perty at Longueuil by deed dated January 2nd, 1896, and for $1,200 in favour of C. on same property by deed dated January 15, 1896. They are sent to the registry office by post and arrive by the same mail. How do these hypothecs rank ? 8. A, a bachelor, dies in Montreal, leaving nothing but immoveable property there- His father and mother are dead. His heirs-at-law are Ids three brothers. They sell the property in, question within three months of the decease. a What formalities are necessary to complete the heir’s title? 5 How would you establish their heirship 7 c Is the title they give to the purchaser good ? d What privileged claims might affect the property ? e If A were married in community with his wife and she sur- vived him, what difference would this make in your answers to t& and c. CIVIL LAW. 371 CIVIL LAW. (Lease and Hire.) Saturday^ 21st March, 1896 * 3 to 5 f.m, Examinfy } , ......Professor Ooeibrtv, D.O.L. 1 . What are the essentials of ibe contract of lease of things 7 2. What are the obligations of the lessor which result from the nature of the contract? 3. A, leaser to B. il portion of a build Lug to be used us h photographer's Studio, During the term of the lease the proprietor of the adjoining Und erects thereon a building, which so darkens the leased premises as to ren- der them unsuitable for E's business. What recourse, if any, has B against A ? What recourse would he have if T in the supposed case, A had himself erected the building on the land adjoining the leased premises * Give reasons for your answers. 4. A f owner of two adjoining houses, leases one of them to B. During the continuance of the lease, both houses are destroyed by a fire origin- ating in the house leased to and occupied by B. A alleges that the fire is attributable to B's fault, and claims from him the value of both houses. Upon whom rests the burden of proving the existence or non-existence of the fault alleged ? Give reason for your answer* 5. The lessee of a house assigns his lease. What rights does the assignee acquire against the lessor, and what rights may the latter enforce against such assignee? _ .. The leasee of a house sub-lets the premise* leased. What arc the rights of the principal lessor against the sub- tenant? What rights may the sob. tenant enforce against the principal lessor? 6. Wbat distinction do you make between the rights of the assignee of a lease against the assignor, and the rights of a sub-tenant against his lessor, the pr i n c i pal te nan t ? 7. What is the effect upon the rights or the lessee of the sale of the pro- perty leased, during the continuance of the lease : (a) By the lessor ? (/i) Ry judicial sale upoa the lessor, at the instance of his creditors How are the lessee's rights affected by the lessor's ceasing to be owner of the property leased daring the continuance of the lease, by the fulfill- merit of a resolutory condition ? 372 FACULTY OF LAW. 8k A, & contractor, claims from B, for whom he has erected upon the latter's laud a building by contract upon a plan and specifications at a fixed price, a certain Bum for extra work how must be establish this claim ? 0, a sub- coo tractor, claims for the same extra work from A how must C establish his claim ? 9 In a contract of lease or hire of personal services, where no term Is fixed by express stipulation, Low is the duration of the contract deter- mined, and how may the contract be terminated ? 10. In contracts fbr the manufacture of a particular article, at whose risk is the article while in process of manufacture ? PATENTS, TRADE MARKS, ETC. Monday, 20th April, 1896 Afternoon, 4 to G. Examiner , « , . . ♦ * Professor Abbott, Q.C* L Deli ne the right of property in (a) Patents of Invention, (6) Trade Marks, (c) Copyright. 2. Who is entitled to obtain Letters Patent of Invention , and what would and would not be the subject matter of a valid Patent ? 3. State the origin cf the right ; and briefly trace ils development under Statutory enactments and jurisprudence. 4. State the procedure to be followed by an applicant for a Patent, specially as to the essential requirements of the Act. 5. What combinations would bo patentable and what would not? 6. In what cases may an inventor lose the right to obtain a Patent or the benefit of it after issue ? j. Define Trade Marks; and give the principles governing their validity. 8 . In what eases may geographical names and names of persons be used ? 9. State the essential provisions of the Act as to (nj registration, (£) refusal of registration, (c) jurisdiction of the Exchequer Court. 10. State briefly what would constitute valid and inoperative defences lo action for infringement of Trade Mark. INTERNATIONAL law. a? a INTERNATIONAL law. Saturday, I5th February, 1896:— 3 to 6 km. Examiner, » P UO F . E. JjAftBDE, L Distinguish clearly between Public mid Private International Law. 2. Explain and fl lustra te Uie principles upon which neutral States should m m recognizing («) the independency and (&) the belligerent rights, of a revolted colony. 3, To what persons and within what limits is the principle of exterritor- iality applied ? 4. What is the effect of the outbreak of war upon (a) The private property of resident and non-resident subjects of the hostile State found by a belligerent within its landed territory. (t) Hostile private property coming within the jurisdiction of such belligerent after the outbreak of the war. (c> Hostile private property within the territory of a neutral, or on the high seas under the neutral flag. (d) The private property of subjects of a hostile State on the high seas under the hostile hag. (e) The private property of subjects of a hostile State found in the landed territory of such State by an invading belligerent. {/) The national property of a hostile State in invaded territory, 5. Enumerate the rules of blockade, distinguishing between the conti- nental and the Anglo-American practice, 6, Give an outline of Jhe controversy in regard to the right of bellige- rent sea reh of convoyed ships/ Can- the right be exercised in time of peace ? T. Define domicile, and state how independent persons may acquire a domicile of choice. 8. A French subject domiciled in New York marries in Montreal an English lady domiciled there. No ante-nuptial contract is made. After the marriage the consorts live In New York for five years, and then remove their domicile to Montreal, where the husband dies, leaving movea- ble and immoveable property in this Province. In an action brought before our Courts : («) What law would govern as to the formal validity of the marriage and as to the capacity of the parties 7 (A) Could the wife claim community of property as to moveable or immoveable property in this Province? 374 FACULTY OF LAW. (c) Could she claim dower on immoveables si tunted in this Province? hi) Would the same rules be adopted for the solution of the above questions if they were litigated in France ? 0. Ho tv is foreign law proved before our Courts? What is the pre- sumption as to foreign law alleged but not proved by a party? !G + A domiciled New Yorker makes a will in France in the presence of witnesses according to the forms required by the laws of his domicile, but no! in any of the forms prescribed by the French code. Would the will be held to be valid (а) By the French courts? (б) By the courts of the Stale of New York ? ( b - c * l - 1. What provision as to the administration of justice in civil matters is contained in iC The British North Atnsriccf' Adi 1867 7 ? 2. Name the different courts exercising civil jurisdiction in the Province* and state briefly the jurisdiction of each, 3. By what parties are actions instituted on behalf of the following persons: un emancipated minors, emancipated minors* persons pro- vided with judicial advisers* married women, persons interdicted for prodigality* persons interdicted for insanity ? 4. Draft the declaration in an action for five thousand dollars dam- ages taken under the following circumstances: A, EL, while in the employ of C.D., sutlers the loss of an arm owing to the negligence of a fellow -employee and the defective state of a machine. i>. What are grounds for dilatory exception ? Can any of them be pleaded otherwise? 6. Describe how contestation upon the merits of an action is pre^ ceeded with, 7, When and how can Incidental Demands be made: («) by the plaintiff; (5) by the defendant? CIVIL LAW (Suretyship and Pledge). Wednesday, 22tid April, 1896 4 to G p.h. Professor,* .. C. A. Geoffuiow, Q.G, Examiner, Autus Geoffrion, Lecturer 1. Define suretyship and pledge ; indicate and explain briefly the prin- cipal analogies and differences between those two contracts. 2. Explain briefly the consequences resulting from the fact that surety- ship is an accessory contract. CIVIL LAW. 377 3. Define the special pleas or benefits that the surety can oppose to the demand of the creditor a. What kind of pleas are they ? In what cases and under what conditions can they be raised ? 4. Explain the difference between the two recourses that the surety who has paid has against the principal debtor, Can either of them be more advantageous, according to circumstances? Give reasons and examples. 5. When and under what conditions can a surety claim his discharge because he can no longer be subrogated in the rights r hypothecs and privileges of the creditor? Can that discharge be only partial? If so, when ? 6. A* has a claim against 3. for which C, is surety. It being due and unpaid by B., A. sues G. who pays him. 0, does not notify B. of such payment. A , then applies to B. f whoj being ignorant of the payment by 0., pays a second time, C, later sues B. to be reimbursed. B, pleads that he has paid a second time through his fault in not notifying him of the first payment. G. then sues A., claiming back what ho has paid, A. pleads that when C. paid f the debt was due, the only one who can recover from him being B. who paid after Lhe debt was extinct. Give your opinion on those pleas. 7*. A party is sued as surety of another. He begins by demanding the discussion of the principal debtor. After the discussion has been made, and the proceeds thereof have proved insufficient to pay the debt, he Is called upon by the creditor to plead to the merits of the action for the unpaid balance of the debt. He pleads that he was a conditional suiety only, arid that the condition has failed. He can prove that plea. Is it good? 8. What is the difference betw^ttlffi^ ” and the right of preference of the pledgee on the thing pledged ? Against whom does each of these rights lake effect? 9 What does the law mean by saying ttiat the pledge is indivisible, although the debt is divisible? Give the reason of the rule, and a ease where it would apply. 10. A., on the 1st of April, lends £1,000 to B., payable on the 1st of June. B. gives him in pledge for that debt certain bank shares. Laler, on the 1,1th of April, A. lends to B. $500,- payable also on the 1st ot June, un the 10th of June neither of the debts were paid. B. wants to get h.s shares. What must be pay ? 25 - / J21 r %