Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  


    mail icontwitter iconBlogspot iconrss icon

The Pamphlet Collection of Sir Robert Stout: Volume 27

Examination Of Barristers and Solicitors in New Zealand Complete Set of Questions in Law, Given Under "The Law Practitioners' Act, 1882"

page break

Examination Of Barristers and Solicitors in New Zealand,

Complete Set of Questions in Law,

Wellington: Lyon & Blair, Printers, Lambton Quay.

Examination of Barristers and Solicitors in New Zealand.

page break

Law of Property and Conveyancing.

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

1.What is waste? What estates are subject to the law of waste, and what are the remedies therefor?
2.Explain the doctrines of general occupancy and special occupancy, and state the present law on the subject.
3.What do you understand by a condition precedent? Draw a short contract in which payment of money is made to depend upon a condition precedent.
4.How do tenants in common convey and covenant?
5.What is an estate by curtesy? Has this estate been affected in any way by recent legislation?
6.What are the periods of limitation in actions on (a) simple contracts; (b) specialities; (c) actions for land?
7.What is the time and nature of the enjoyment necessary to obtain a title by prescription to (a) a right-of-way; (b) light and air?
8.Explain the doctrine of waiver as applied to a power of re-entry in a lease. Mention some acts which have been held evidence of waiver. Is there any difference as to the effect of waiver of such right in respect of a covenant not to assign, and one not to underlet?
9.Can an infant make a marriage settlement; and, if so, how?
10.In preparing a mortgage relying on the provisions of the Conveyancing Ordinance, would you consider it necessary to add to or to modify those provisions?
11.What are the rules as to the periods of time for which an estate may be limited?
12.State the provisions of the Wills Act as to the date from which the will is to speak, and as to lapsed and void devises, and the effect of such provisions respectively.
13.How is the ownership of a ship evidenced, transferred, and mortgaged?
14.Can a person effectively charge property to be acquired in futuro; and, if so, by what means?
15.How would you effect a partition of land owned by joint tenants? How would this be done in England?
page 2

Contracts and Torts.

(Candidates for admission as Solicitors need not answer Questions 15,16, and 17.)

1.Illustrate "Do ut des," "Facio ut facias," "Facio ut des," "Do ut facias."
2.Would you or would you not regard moral obligation, the abandonment of a doubtful claim, the mere statement of disputed accounts between plaintiff and defendant, an agreement by the former to give up part of his claim, as a sufficient consideration for an agreement to pay money? Illustrate your answer.
3.When is an impossibility an excuse for non-performance of a contract. Illustrate your answer.
4.To constitue a valid tender, is it possible to dispense with the production of the money? Supply reasons for your answer.
5.What is a contract of guarantee, and what is the essence of the contract? State a case.
6.What is the law in regard to the responsibility of a lessee when premises are destroyed by fire?
7.Illustrate "Vigilantibus, et non dormientibus, succurrent jura" by three or four cases.
8.Can you mention the facts of two or three contracts that were held to be void as being in general restraint of trade?
9.Illustrate, by two or three cases, "Qui facit per alium facit per se," especially in relation to contractors and sub-contractors, the borrower of a carriage and his servant, and a job-master letting on hire and his servant.
10.What is the law in regard to negligent excavations? Supply case.
11.What are the rights and liabilities of a master and parent for an injury done to or by his servant or child?
12.Define "continuing injuries," and state the class of cases in which fresh actions may be brought thereupon.
13.What are the rights of a person having the constructive possession of personal chattels?
14.Can a bank-note be the subject of conversion? If you return an affirmative reply, state the circumstances under which it may be so.
15.What would and what would not constitute an abondonment of an easement to light and air?
16.What is a contract uberrimæ fidei? Name the contracts belonging to the class, and illustrate the application of the principle.
17.What is necessary to constitute a constructive total loss?


(Candidates for admission as Solicitors need not answer Questions 11,15, and 16.)

1.Is an actual transfer of property to a trustee necessary to the creation of an express trust?
2.Will equity enforce the execution of a voluntary trust?
3."Joint tenancy is not favoured in equity." Explain this.
4.A wife joins with her husband in mortgaging her estate, the equity of redemtion being reserved to the husband: What is the rule of equity in such a case?page 3
5.What is the rule of equity as to the remuneration of trustees and the payment of their expenses in administering the trusts vested in them?
6.In what order are the assets of a person deceased applied by a Court of Equity in payment of debts?
7.Explain and illustrate the doctrine of apportionment and contribution.
8.What is meant by a fraud on a power of appointment?
9.Can an infant obtain a decree for specific performance of a contract? Give reasons for your answer.
10.Will equity decree specific performance of a voluntary covenant?
11.What are the remedies in equity for mistakes? Give examples of mistakes that will be remedied.
A purchaser of land takes a conveyance—
(1.)In the name of another;
(2.)In the name of himself and another;
(3.)In the name of his wife;
(4.)In the name of a legitimate child;
(5.)In the name of an illegitimate child:
What rule is applied by equity in each of these cases, and is such rule inflexible?
13.A tenant for life of a freehold estate pays off encumbrances on the estate: What is the equitable presumption with reference thereto, and is it conclusive?
14.State the general principles on which a Court of Equity will act in a suit for specific performance of a sale of land, the quantity being deficient.
15.How far are the rules of equity as to covenants running with the land in conflict with those of the Common Law?
16.Explain the equitable doctrine of making good representations.

Pleading and Practice.

(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.

Criminal Law.

(Candidates for admission as Solicitors need not answer Questions 14,15, and 16.)

1.Will ignorance of fact be allowed as an excuse for the inadvertent commission of crime? If so, in what cases?
2.How would you proceed upon an indictment being found against a person who had never been committed for trial?
3.What powers do Justices of the Peace possess in regard to bail, and when and how can they be exercised?
4.What rules should be observed by counsel for the Crown when opening the prosecution to the jury?
5.What class of evidence to character will the prisoner be allowed to call, and state whether the Crown would be permitted to call any, and, if so, what, evidence in reply?
6.What are the several circumstances under which a witness would be declared to be incompetent?
7.Under what several circumstances can the finder of lost goods be made liable for larceny thereof?
8.State the mode or modes of proving the pretence upon an indictment for obtaining goods under false pretences.
9.How is the insurance to be proved upon an indictment for burning a house with intent to defraud insurers?
10.Define the three classes of homicide.
11.Under what circumstances can a parent be made criminally liable for neglecting his child?
12.What defence can be set up under the plea of Not Guilty to an indictment for libel?
13.Under what circumstances will the postponement of a criminal trial be granted or refused?
14.What must concur to constitute forgery? Can any persons other than the subscriber be made guilty of forgery? If so, under what circumstances will he become a principal?
15.Can you elaborate the principles established in the "Queen's" case (conspiracy)?
16.Draw an indictment against A.B., a clerk, for embezzling £6, the property of his employer.
page 5


(Candidates for admission as Solicitors need not answer Questions 13,14,15. and 16.)

1.How should the confession of an accomplice be deal with when tendered as evidence against the prisoner, or against one of two indicted together?
2.Can you advise the class of cases in which books of account can be admitted as evidence in favour of the party who kept and wrote them?
3.Under what circumstances will an alteration avoid an instrument?
4.Will you state the class of cases in which a witness can and cannot speak to belief?
5.What liabilities does a witness incur who fails to appear upon his subpoena?
6.When can a witness refuse and when is he bound to answer a question which might in his opinion degrade him?
7.What are the best tests for detecting falsehood in a witness?
8.What are judgments in rem, and how far are they binding upon strangers?
9.When and when is not the admission of one joint contractor evidence against the others?
10.What is the rule of law in respect to the construction of letters?
11.Can you say where a question of negligence is for the jury, and where it is for the Judge?
12.In what cases is more than one witness necessary?
13.What is the rule in regard to the admission of evidence of collateral facts, and how should it be applied?
14.What is the meaning of "leading question;" and what are the several circumstances under which it may be put?
15.Upon whom does the onus probandi rest; and what are the reasons for and the tests of the rule you may lay down?
16.What does "rebutting an equity" mean? Illustrate your reply.

Bankruptcy and Divorce.

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

1.Can a joint stock company be made bankrupt under the provisions of "The Debtors and Creditors Act, 1876"?
2.What jurisdiction is given to District Courts by the same Act, and what are the provisions of the Act as to appeals from District Courts?
3.Draw a declaration of insolvency. How must such declaration be signed, and where must it be filed?
4.When notice of the filing of a declaration of insolvency has been gazetted, what is the effect of such notice on executions against the property of the debtor?
5.What circumstances must concur in order to enable a creditor to petition for an adjudication on an execution against a debtor?
6.Draw a petition for adjudication complying with the requirements of the Act, based on any Act of bankruptcy you may select.
7.At the first meeting of creditors of an insolvent a trustee is appointed, but he refuses to signify his acceptance of the trusteeship within three days after the notice of his appointment. What is the consequence of such refusal, and the proper procedure thereupon?page 6
8.Give the existing provision as to the votes of creditors at general meetings?
9.What are the provisions of the Act as to leases held by a bankrupt debtor?
10.Under what circumstances may a decree of judicial separation obtained during the absence of the respondent be reversed?
11.What is the effect of a judicial separation on the wife's power of contracting?
12.What powers are given by "The Divorce and Matrimonial Causes Act, 1867," as to children of parties before the Court?
13.Where a person who has become bankrupt is liable under a contract for a demand for unliquidated damages, are there any provisions in the Act for the adjustment of such claim?
14.Can damages for a tort be claimed against the bankrupt estate?

New Zealand Law.

(Solicitors need not answer the last two questions.)

1.What provision has been made in aid of the defective execution of powers of appointment, and how must an appointment to be made by deed be executed?
2."No conveyance shall create any estate by wrong, or work a forfeiture, or have any other effect than a conveyance by lease and release would have had before the passing of this Ordinance." Explain this enactment.
3.What are the provisions of the Conveyancing Ordinance as to the appointment of new trustees?
4.What amendment has been made by the same Ordinance as to the effect of releases of part of the land in respect of which rent is payable?
5.What effect has been given to bills of lading as evidence of shipment, and by what Act?
6.Under what statutory conditions, and to what extent, may a carrier free himself from his common-law liability?
7.By whom may a marriage be solemnized, and whose consent is requisite to the marriage of a minor?
8.Name some instruments which cannot be stamped after execution, and state the consequences.
9.What provisions have been made to enable a person erecting a boundary-fence to secure contribution of part of the cost from the adjoining proprietor?
10.Upon an information coming on before Justices of the Peace, what courses are open to them in dealing with same?
11.State the jurisdiction conferred on Justices of the Peace by the Act of 1866 in cases of larceny?
12.Name the principal Act relating to the disposal of waste lands of the Crown; and what is the machinery for, and principal method of, disposing of such lands?
13.What is a miner's right, and what privileges does it confer?
14.On an application to forfeit a claim under "The Mines Act, 1877," is there any other course open to the Court than forfeiture, assuming sufficient grounds of forfeiture proved?
15.What effect is given to a certificate of title by "The Land Transfer Act, 1870," in a suit for specific performance of sale of land?
16.What is the effect of the insertion of the words "no survivorship" in a transfer to joint proprietors?
17.Give an abstract of the existing provisions as to the mode of trial of election petitions.
18.For what causes of action may claims be made against the Crown under "The Crown Suits Act, 1881"?
page 7

International Law & Conflict of Laws.

1.What general principle has been established by the comity of nations as to the contract of marriage? State any exceptions.
2.What are the general principles as to testing the validity of a contract made in one country and sued upon in another?
3.Can a contract, valid where made, but involving a violation of English law, be sued on in an English Court?
4.An action is brought in England on a contract made abroad, the remedy on which would be barred by lapse of time in the place where the contract was made: Can the plaintiff succeed?
5.Define what is meant by the territory of a State.
6.What are the rules of international law as to the use of the high seas, and the right of fishing therein?
7.What are the rules of international law as to the trade of neutrals?
8.What is an embargo, and what reprisals?
9.Give some account of the methods and principles which regulate national intercourse in times of peace.
10.Define war. How is it commenced, and what are the results as to the subjects of the respective States at war?

Roman Law.

1.What was the "jus gentium"?
2.What were the offices of the Prretor and Judex respectively in the trial of aotions?
3.What was "dominium," and how might it be acquired?
4.What was "in jure cessio"? Do you know of anything analagous in English law?
5.What was "usucapio," and what was requisite to acquire title by this means?
6.What were the provisions of the "Lex Falcidia"?
7.Give some account of the "patria potestas."
8.What was the difference in mode and effect of a disposition by way of legacy and one by way of "fides-commissum."
9.What were the principal requisites to a valid testament?
10.Distinguish "jus in rem" from "jus in personam."
page 8

General Law.

1.What is it necessary to prove to support an action for trover?
2.Define libel and slander. State when each is actionable. What is a privileged communication, and the law as to same?
3.What are the rights of a riparian proprietor in respect of the water flowing past his land?
4.Explain accurately the terms "general average," "particular average," "constructive total loss."
5.When must notice of dishonor of a bill of exchange be given, and when may it be dispensed with?
6.Distinguish a void from a voidable contract, and give instances of each class.
7.How may
(a)A contract by deed,
(b)A written contract,
(c)A parol contract,
be discharged? In case (b) is there any difference between contract required by law to be in writing and one which is not?
8.What is necessary to constitute a fraudulent misrepresentation actionable at common law?
9.State fully the incidents of life estates.
10.What is the liability of a master to his servant for injuries sustained in the master's employment?
11.Explain fully the scope and application of the maxim "Caveat emptor" on sales of goods.
12.State accurately the statutory provisions as to the effect of the endorsement of bills of lading.

decorative feature

Lyon and Blair. Printers, Lambton Quay, Wellington.