SATURDAY, 15TH FEB., 10 A.M. TO 1 P.M.

ESSAY IN POLITICAL ECONOMY.

Write an Essay on

JOHN BRADSHAW, M.A.

The political and economical consequences of the increasing power and importance of the operative classes in England.

Or on

The Income Tax ; its advantages and disadvantages as compared with other Taxes.

SATURDAY, 15TH FEB., 2 TO 5 P.M.

MORALS.

D. DUNCAN, M.A.

Write an Essay on either of the following:

I. A comparison of the practical effects, (on the individual and on society generally) of the adoption of an Utilitarian and an Intuitional Morality respectively.

II. The social influence of Sympathy.

R

B. L. DEGREE EXAMINATION, 1873.

MONDAY, 10TH FEB., 10 A.M. TO 1 P.M.

LAW OF EVIDENCE.

T. MUTTUSAMI AIYAR, B.L.

I. Explain and illustrate the nature and scope of the principle "Res Inter alios acta altere nocere non debet" as a rule of evidence.

II. What do you understand by a simple negative, a negative averment, res gestae, corpus delicti, and lis mota? Mention the rules of evidence in regard to each.

III. On what conditions, and to what extent are dying declarations and entries made in the course of business admissible in evidence under the English law? State the difference, if any, between it and the Evidence Act of 1872.

IV. Mention the several forms of pre-appointed evidence available in India, and the artificial value, if any, possessed by each.

V. Compare the English law of evidence with that of British India on the following points.

i. The extent to which husband and wife are competent witnesses for or against each other in criminal cases.

ii. Proof of matters collateral to the question at issue, but material to the credit of a witness under examination.

iii. Proof of handwriting by comparison.

iv. The extent to which a party may confirm his own witness. VI. A executes a deed of sale in favor of B, and thereby sells his house at Madras in the possession of C, and his white horse. But it appears that A has a house at Madras but not in the possession of C, that he has a house in the possession of C but at Bangalore, and that he has two white horses instead of one. Is oral evidence admissible to explain which house and horse A meant to sell? Give reasons for your answer.

VII. In what cases and on what grounds is a notice to produce nnnecessary to entitle a party to prove the contents of a document by secondary evidence ?

VIII. Mention the exceptions to the rule that self-serving evidence is inadmissible, (a) according to the English law, and (b) according to that of India.

IX. A sues B and C on a promissory note payable three months after date. C produces witnesses to prove that he signed the note as a surety with the plaintiff's knowledge, though apparently as a principal, and that A has negligently lost a jewel left with him by B as a security for the debt. B tenders evidence to prove a contemporaneous verbal agreement that the note was to become payable on A marrying B's daughter and not otherwise, and even then, six months after the marriage.

Is the foregoing evidence admissible?

answer.

Give reasons for your

X. Explain the nature and scope of (a) an estoppel by negligence, and (b) by the acceptance of an estate. Give illustrations.

XI. Discuss the admissibility of the following evidence in an action for a libel which imputes disgraceful conduct to the plaintiff. Evidence to prove,

(a) the position and relation of the parties at the time when

the libel was published;

(b) that there was a dispute between the plaintiff and defendant about a matter unconnected with the libel;

(c) the particulars of that dispute;

(d) the circumstances and earnings of the plaintiff and defendant and

(e) their previous bad character;

(f) the truth of the imputation contained in the libel; and (g) the fact of the defendant having previously libelled the

plaintiff and several others.

XII. Mention the several modes of proving a will when the attesting witnesses are dead, (b) a marriage in a prosecution for adultery, (c) a proclamation issued by Her Majesty, and (d) the proceedings of a Municipal body in India.

XIII. A undertakes to collect rents due by B to C and applies for payment to B who admits the claim. After B's death, A demands

payment from B's executor D, who promises to satisfy the claim, if B's widow, E, should acknowledge the debt. E, and F a late partner of B, say that the amount claimed is due. Explain whether and why these admissions are or are not admissible in evidence in an action for rent between C and B's son, and in an action for negligence be tween C and A, when the defendants deny that any rent was due by B to C.

XIV. Mention the presumptions which regulate the burden of proof when the question in dispute is (a) whether a man is alive or dead, (b) whether a sale by a client to his attorney is bonâ fide, (c) whether A caused B's death maliciously or under provocation, and (d) whether a person has travelled on a Railway with or without a ticket.

MONDAY, 10TH FEB., 2 TO 5 P.M.

CONTRACTS.

T. MUTTUSAMI AIYAR, B.L.

I. Explain and illustrate the difference between rights in rem and in personam as understood by the Romans, and real and personal rights as understood by writers on the English law.

II. A proposes, by a letter sent by post, to sell his house to B, provided that B communicates his acceptance by telegram. State whether there is a valid agreement when,

(a.) A dies after the telegram is despatched and before it reaches him,

(b.) B communicates the acceptance by post without sending a telegram, and

(.) A dies before the telegram is sent, but the telegram is sent by B,

(1) in ignorance of A's death,

or

(2) with knowledge of that event.

III. Explain how a promise and a consideration, illegal in part, severally affect the validity of a contract. Give illustrations.

IV. Define a condition, and state whether and why a promise by A to pay B Rs. 500 (a) in case the Pope is now living or (b) on the

death of B's father, or (c) at A's pleasure creates a conditional obligation.