Pleading and Practice.

Time allowed: Three Hours.

(Candidates for admission as Solicitors need not answer Questions 13,14, and 15.)

1.	What are the claims which can be set-off by the defendant? State the circumstances under which such can be done, and the mode prescribed by the Supreme Court rules for doing so.
2.	When does the ordinary indebitatus count apply, and in what class of cases is it inapplicable?
3.	What course is open to a man whose goods have been wrongfully converted by another, and who has paid money upon a consideration that has failed?
4.	What action would you advise a client to take against an agent who had undertaken and then failed to sell and account for a quantity of flour; and what damages would you claim? Draw declaration.
5.	Is any relief provided against forfeiture for breach of covenant to insure; and, if so, in what circumstances will it be afforded?
6.	State shortly the provisions of the arbitrators and referees clauses in "The Supreme Court Practice and Procedure Act Amendment Act, 1860."
7.	What should a cognovit contain, and what steps must be taken to obtain judgment thereupon?
8.	In what cases will the Supreme Court or a Jugde thereof order a stay of proceedings in a civil action?
9.	One of a firm contracts in his own name, but really for the partnership: Should or could the several partners join in one action upon the contract? State the reasons for your answer.page 4
10.	Draw a plea of award and satisfaction, and state the proof that must be given in support of it.
11.	What is a plea of confession and avoidance? Draw one.
12.	To an action upon a sale of unascertained goods by description, for not accepting, what can be pleaded?
13.	Draw a distinction between ordinary and special damage, and state the method of pleading them in the Supreme Court. Explain the principle established by Hadley v. Baxendale.
14.	A bankrupt was libelled prior to filing, and subsequently thereto he desires redress. Who should carry on the action and claim the damages? State the reason for your reply.
15.	What are the rules of the Supreme Court in regard to the right to begin and to reply? Illustrate them.