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Legal Questions and Procedures

67. What are the special Acts by which the proceedings before Justices of the Peace are regulated?

68. What is the jurisdiction in civil or criminal cases, whether between Europeans, between Natives, or between Native and European, of the Resident Magistrate’s Court, and what special powers are given to that Court?

69. What right of appeal exists, viz.—
    (1.) From District Courts; from Justices, or from Resident Magistrates, to the Supreme Court. And
    (2.) From the decision of a single Judge of the Supreme Court to the Court of Appeal.

70. What cases may be tried at Minor Jury Sittings pursuant to the “Supreme Court Amendment Act, 1862.”

71. State some of the “General Rules of Pleading” in the Supreme Court; also some of the “Special Rules of Pleading.”

72. Sketch the proceedings in a defended action on a building contract; setting out shortly the supposed contract, and raising issues of fact.

73. Sketch the proceedings up to judgment and execution in an action in which the plea has been demurred to.

74. Sketch the proceedings in an action for specific performance of contract (purchaser against vendor,) and for an injunction to restrain the vendor from felling timber on the land.

75. What are the proceedings to obtain judgment and execution for default of a plea, viz.—
    (1.) In an action for money, as a debt or liquidated demand.
    (2.) In other actions for money.
    (3.) In an action for possession of property or for personal relief.

76. What contracts are within the operation of “The Summary Procedure on Bills Act, 1862,” and how are the remedies thereon facilitated by that Act?

Evidence

77. State some things of which the Court will take judicial notice.
    (1.) In accordance with established practice.
    (2.) In accordance with statutory provisions.

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 examined 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 appointed under a submission by written agreement of the parties.
    (2.) When the arbitrator has been appointed 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 hand-writing? 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 reasonableness of the doctrine.

87. Where, upon a trial, hand-writing is disputed, and you wish to prove it genuine by comparison with other hand-writing 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 declarations” 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 called to prove, 1. A Deed, 2. A Will.

90. Is the rule which requires the production of an attesting witness inexorable? If not, state the exceptions.

91. What are the leading exceptions to the rule prohibiting the admission of hearsay evidence?

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