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Beginning, Jam puerei venere: E postremum facito atque I... Ending, Fervit aqua et fervet, fervit nunc, fervet ad annum.
LUCILIUS, B. ix. Beginning, Et si jam nostro sentit de corpore postquam... Ending, Mortalem vitam mors cum inmortalis ademit.
LUCR. III. 843. Beginning, Ille non inclusus equo Minervæ... Ending, Vatis Horati,
HOR. Od. vi. 6, 13. Beginning, Declamare doces ? o ferrea pectora Vetti,... Ending, Lautorum pueros, artem scindes Theodori.
Juv. VII. 150.
SUBJECT FOR LATIN HEXAMETERS:
For LATIN ELEGIACS:
You still shall live (such virtue hath my pen)
For LATIN LYRICS:
Chancellor's Legal Medal.
[In answering these questions reference may be made to leading decisions in illustration
of the principles discussed.]
GENERAL LAW OF ENGLAND. 1. WHEN and for what purpose were uses of land introduced? What was the policy of the Statute of Uses, and how far has it succeeded? How did that Statute affect the operation of a conveyance by way of bargain and sale? What steps were subsequently taken by the legislature with reference to this mode of transfer, and by what device were the consequences eraded? A recent Statute enacted that Corporeal hereditaments shall be deemed to lie in grant as well as in livery; what is the neaning of this provision, and how has it affected the mode of conveying an estate in possession?
2. State the extent of the testamentary power engaged with respect to estates in fee simple before and after the Statute of Wills of Henry VIII. When did all fee simple estates first become devisable? In what respects has the Statute of Wills of the present reign enlarged the power of disposition of a testator? Under what circumstances can a married woman make a valid Will?
3. State the principal changes introduced by the Inheritance Act (3 Wm. IV. c. 106). The purchaser of an estate in fee dies intestate leaving two daughters. One of the daughters afterwards dies, leaving a son; how does the estate devolve? State the statutory rules on which your opinion is founded.
4. To what extent can the real property of a deceased debtor be made applicable to the payment of his debts? What distinction is there in this respect between specialty and simple contract debts ? State briefly the successive changes in the law on this subject. A debtor dies possessed of a fee simple estate which he devises to A, and of an estate tail which descends on B; to what remedies are his creditors entitled in respect of such property? How is the case altered if A sells the devised estate to C?
5. What is meant by a lapsed devise? Are there any cases in which a devise can take effect notwithstanding a lapse? A devises an estate to his son B, who dies in A's lifetime, leaving all his real estate to a stranger. A afterwards dies in the lifetime of a son of B without having revoked his Will. How would the estate have devolved before the Wills Act, and how will it devolve under the operation of that Statute?
6. By what law is the validity of a marriage determined? Are there any exceptions to the general rule? If a domiciled Scotchman marries in England, and after returning to his own country obtains a divorce from the Scotch Courts, will the divorce be recognised by the English Courts? Is the same principle followed in other countries ?
7. Where persons domiciled in a foreign country contract a marriage there and afterwards acquire an English domicil, upon what law will an English Court act in settling their rights over the wife's property? Does it alter the case if the mutual rights of the husband and wife have been determined by an antenuptial contract made in the country of their marriage ?
8. Explain the meaning of a trust, and the distinction between express and constructive trusts. If land is devised to a married woman for her separate use, by whom can the rent he recovered at law? Does such a devise create a trust, and if so, who is the trustee? What is a chose in action, and what are the legal rights of a husband in his wife's choses in action ?
9. State the difference between the doctrines of Courts of Law and Equity, (1) with respect to lands conveyed to the use of A in trust for B; (2) with respect to the choses in action of a married woman, and her equity to a settlement. Do you consider that these differences would be more properly described as instances of a conflict or of a division of jurisdiction ? Explain the reasons for the view you take.
10. State the origin and principal peculiarities of the following kinds of Guardianship. (1) Guardianship by nature. (2) Guardianship for nurture. (3) Testamentary guardianship. (4) Guardianship by appointment of the Court of Chancery.
Up to what age does the right of a father to the custody of his child extend, and is there any corresponding obligation? If the mother survives the father, up to what age is she entitled to the custody of her child, and is there in this case any corresponding obligation? Will the right of a surviving mother prevail over that of a testamentary guardian appointed by the father?
11. What constitutes an infant a ward of Court? Will the Court in any, and what cases, transfer the guardianship of an infant from the father or mother to another guardian of its own appointment?
12. Has the Court of Chancery jurisdiction over the custody of children born abroad, (1) when the parents are foreigners and the children are resident in England; (2) where the father is an Englishman, and the mother and children are resident abroad?
INTERNATIONAL LAW. 1. Give a short account of the following collections of Maritime law: *The Consolato del Mare,' the laws of Oleron, the laws of the Hanseatic league, and the marine ordinances of Louis XIV.
2. Mention any changes of habits and manners that have influenced the ‘law of nations,' and point out the peculiar operation of each of them.
3. In one important point the law by which States are governed differs from the municipal regulations in force in individual societies; point it out, and shew how it affects the relation of states to each other.
4. What is the distinction made between Perfect and Imperfect war? How far is a Declaration of war necessary according to present usage?
5. Free ships make free goods,' 'enemy's ship enemy's goods.is there any necessary connexion between these two maxims ?
6. Who are neutrals, what are their rights and duties, and how are these affected by an alliance entered into with one of the belligerents by treaty before the war?
7. On what grounds is the right of search' at sea defensible, and within what limits is it confined?
8. Define accurately Blockade. What points are insisted on by the Judicial authorities in order to establish its completeness ?
9. State briefly the facts involved in the case of the Franciska. On what ground was the sentence of the Admiralty Prize Court reversed ?
10. What is the consequence of a breach of blockade ?
11. Mention shortly the changes that have taken place from time to time among nations in the matter of reprisals. What are the modern notions on the subject of privateering?
12. What are the effects of a “Treaty of Peace'? To what extent is the 'uti possidetis' principle held to be binding? Applying this principle to the claim of Russia to the Isle of Serpents, how far is such claim valid?
CONSTITUTIONAL HISTORY. 1. HALLAM says, 'The reign of Charles II. was in fact the transition state between the ancient and modern schemes of the English constitution.' Examine this dictum, and point out the limits of its application.
2. State briefly the objects of the Corporation Act and the Triennial Act. On what ground was the repeal of the latter peculiarly offensive to the country?
3. Give a sketch of the character of Danby. What constitutional consequences arose from his impeachment ?
4. In the secret intrigues with France in this reign, what part was taken by the great popular leaders? by what probable motives were they actuated ?
5. What was the object aimed at in the Exclusion Bill? How was that object intended to be carried out, and how was it frustrated ? Exanine the right, contended for in the Bill, on Constitutional grounds.
6. Describe briefly the political circumstances that occasioned Dryden's poem 'Absalom and Achitophel.' To whom are the lines comm
A name to all succeeding ages curst,' meant to apply? Sketch his character.
7. "Jeffreys made all the charters, like the walls of Jericho, fall down before him, and returned laden with surrenders the spoils of towns.'
What important victory of the court party do these words of North refer to, and what use was made of it in the trials of Lord W. Russel and Algernon Sidney ?
8. Hallam asserts as a true though extraordinary position, that the fundamental privileges of the Subject were less invaded in Charles the Second's reign than in any former period of equal length.' Mention some of those fundamental privileges that became firmly established in this reign.
ROMAN LAW. 1. In a general classification of the subject matter of Law, what place ought to be assigned to Actions? Do you consider the arrangement fol. lowed in the Institutes of Justinian defensible?
2. What is the difference between an 'Actio in Rem' and an Actio in Personam,' in respect of the nature of the proofs which the Roman Law imposes on the plaintiff?
3. What is the relation of the Real Actions of English Law to the Roman ‘Actiones in Rem? Can you mention any inconveniences which have been caused by the virtual abolition of Real Actions in England ? 4. Translate:
Beginning, Δύο δ' άνδρες ενείκεον είνεκα ποινής, κ.τ.λ.
Hom. Iliad, xviii. 498–508.