THE NEW ZEALAND GAZETTE

(1.) In accordance with established
practice.
(2.) In accordance with statutory provi-
sions.
78. Give the principal provisions of the
"Official Documents Evidence Act, 1860."
79. State some of the leading Maxims that
guide the law of evidence.
80. What is Secondary Evidence? Are
there different degrees of it? What steps must
be taken in order to render it admissible?
81. What is the doctrine with respect to the
admissibility of oral testimony to affect written
instruments?
82. What is the most usual way of proving
records and quasi-records? Give instances of
quasi-records?
83. What is an Exemplification, and when
should it be used? What is an Office Copy and
in what cases is it admissible? What is an Ex-
amined Copy, and what process of examination
thereof must be proved in order to render it
admissible?
84. How do you prove a Deposition taken
before a committing Magistrate, the witness
being too ill to attend?
85. How do you prove an award in the three
following cases, viz.-
(1.) When made by an arbitrator appoint-
ed under a submission by written agree-
ment of the parties.
(2.) When the arbitrator has been appoint-
ed by Rule of Court, Judge's Order, or
Order nisi prius.
(3.) When the award is made by a public
officer in the discharge of his duty.
86. What are the usual methods of proving
handwriting? and are any of these methods
secondary evidence to any other of them, or do
they all stand in equal degree, and carry equal
weight? Give your views of the reasonable-
ness of the doctrine.
87. Where, upon a trial, handwriting is dis-
puted and you wish to prove it genuine by
comparison with other handwriting which you
are instructed is genuine, how do you proceed,
and what is the ultimate question for the Jury?
88. Upon what principle are "dying decla-
rations" admissible and in what cases? What
facts must be proved respecting the declarant
as a foundation for admitting them, and who is
to decide whether those facts are proved?
89. Must all the attesting witnesses be cal-
led to prove, 1. A Deed, 2. A Will?
90. Is the rule which requires the produc-
tion of an attesting witness inexorable? If not,
state the exceptions?
91. What are the leading exceptions to the
rule prohibiting the admission of hearsay evi-
dence?

Course of Business.
92. In effecting a Mortgage of land, what
do you consider to be the duties respectively of
the solicitors for the mortgagor and mortgagee?
93. If an illiterate married woman sent for
you and desired you to carry into effect her
wish to pass her interest in land, what course
should you pursue, and what formalities should
you observe in respect of the conveyance?

Criminal Law.
148
94. By what test would you determine
whether an offence at common law amounted
to Felony? To what offences is the term
Misdemeanor applied? Give instances of
both.
95. Who are respectively Principals, Aiders
and Abettors? Accessories before the fact?
Accessories after the fact? Are there any
offences in which there can be no Accessories
before the fact?
96. Has any recent provision been made by
Statute for the trial and conviction of Acces-
sories before the fact?
97. What is a "Criminal Information"? in
what class of offence is it resorted to, and what
is the course of proceeding therewith?
98. What is an Indictment, and on what is
this form of criminal proceeding based? Is
the finding a true Bill by a Grand Jury in all
cases necessary to support the proceeding by
indictment? If not state the rationale of the
exceptions.
98A. What is an indictment? Is it neces-
sary that an indictment be preferred and a bill
found where a prisoner has been committed on
the Coroner's inquisition?
99. What are the five different forms of
"Treason" as designated by the Statute 25,
Edw. 3. c. 2? And what treasonable offences
are created by the 57 Geo. 3. c. 6. and the 11
Geo. 4 and 1, W. 4, c. 66, s. 2?
100. Can mere words amount to Treason?
When and on what principle would the maxim
apply to such cases-scribere est agere?
101. State the definition and essential in-
gredients in the following offences or some of
them, viz.-1. Larceny. 2. Embezzlement.
3. Obtaining money under false pretences,
(shew the distinction between the two latter and
Larceny). 4. Forgery. 5. Perjury. 6.
Burglary.
102. State the distinction between Murder
and various kinds of Manslaughter, distinguish-
ing the different kinds of the latter?
103. Two witnesses are required to prove
"Treason" or "Perjury:" what must these
witnesses prove upon an indictment for-1.
Treason. 2. Perjury? And what is the reason
for the rule in each Case respectively?
104. The indictment for Burglary commonly
charges in the same Count. 1. That the pri-
soner burglariously broke and entered with in-
tent to commit a felony, and also (2), that he
committed the felony. How do you reconcile
this with the doctrine that two offences cannot
be charged in the same Count?
105. An Indictment for Burglary charged
the Prisoner with burglariously breaking and
entering, but omitted the intent, it then pro-
ceeded to charge in the same Count, and in the
usual form, that the prisoner then in the said
dwelling house stole the goods of the prosecutor,
The evidence shewed that the "breaking"
occurred within the legal period of the night
time, but the goods remained undisturbed until
that period had elapsed, after which the goods
were stolen by some one, and were shortly
afterwards traced to the possession of the prisen