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The Board of Examiners.
1. Explain what is meant by a command, and state
which, if any, of the following cases are instances of commands, giving in each case the reason for
your answer (a) An order by a customer to a tradesman to
deliver goods. (b). A request by a master to his servant to black
his boots. (c) Letters patent from Her Majesty granting to
the first inventor of any invention that he and no others may make, use, exercise and vend the
said invention. (d) The declaration of Paris in 1856–“ Privateer
ing is and remains abolished."
2. Explain what is meant by a legal duty, and give
illustrations of legal duties.
3. What is meant by the subject or secondary object
of a right? Give illustrations in which the sub-
(a) A thing.
4. What is Austin's analysis of an attempt to commit
an offence ? Give examples of attempts and show how the analysis applies to them.
5. What is the analysis of legal possession as given
by Dr. Hearn, Dr. Markby, or Dr. Holland, following Savigny? State in which if any of the following cases X would be in possession within the meaning of that analysis, giving in each case
the reasons for your answer(a) A mountain pasture during the winter which
I occupies every summer with his cattle but
leaves vacant during winter. (6) A purse which X has stolen and has in his
pocket. (c) A horse which belongs to B, who has left it
hitched to a post against which X is standing,
while he (B) goes into a shop. (d) A house in which D is living, who holds it on
behalf of X, as caretaker.
6. Explain the distinction between rights in rem and
rights in personem, giving examples of each description of right.
7. Explain the division of law into substantive law
and adjective law in the sense in which these terms were used by Bentham.
8. Explain how what is known as the common law
came to be law in England.
9. Explain the division of law into jus publicum and
jus privatum as adopted by the Roman jurists.
10. Explain and criticise the doctrine laid down by
Blackstone in the following passage:-“This law of nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times : no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.”
The Board of Eraminers.
1. Libertinorum autem status tripertitus antea
fuerat. Translate and explain.
2. Describe the forms of marriage under the Roman
Law. Explain the meaning and the effect of a woman passing in manum mariti.
3. What were the modes by which a child born in
concubinatu could be made legitimate ?
4. State, briefly, the Roman Law upon the subject of
5. Define Res., and state the classes of things which
were included in the expression extra nostrum patrimonium.
6. Discuss the acquisitions of rights by one person
through other persons.
7. Give a short account of the law of Servitudes.
Give examples of (a) positive, and (b) negative servitude.
8. When was an oral will valid ?
9. Explain the meaning of the expressions, (a) heredes
necessarii, (b) sui et necessarii, and (c) extranei.
What is meant by testamenti factio ? 10. What was meant by the expression beneficium
inventarii, in relation to the law of wills?
11. Discuss the obligatio verbis.
12. What was meant by the expression plus petitio in
actions, and what were its effects ?
CONSTITUTIONAL AND LEGAL HISTORY.
The Board of Examiners. 1. Consistently with the maxim “The King can do
no wrong,” how are the king's subjects protected by the law against the enforcement of any unconstitutional or illegal commands of the king?
2. Give the date and occasion of the last exercise of
the right of veto by the Sovereign upon a Bill
passed by both Lords and Commons. 3. What is meant by “The Declaration of Rights”;
to whom was it presented, and what were the objects sought by it ?
4. What were the circumstances under which George
III. dissolved Parliament in 1784, and what were
the constitutional results of that dissolution ? 5. What is meant by “The Cabinet,” and what is
meant by its corporate character ? 6. Is the “Parliament of Victoria” a sovereign or
non-sovereign Legislature? Give the reasons
for your answer. 7. What constitutional changes in the colony of
Victoria were effected by legislative measures at the following dates ? :
A.D. 1851. (6)
A.D. 1857. (d) A.D. 1859. (e) A.D. 1870. (f) A.D. 1881.
8. What are the relative statute rights of the Legis
lative Council and Legislative Assembly as to the Imposition of Taxes, and the Appropriation
of Revenue ? 9. In what reigns were the following statutes passed ? :
The Statute of Treasons.
The Statute of Frauds. 10. In reference to what matters are the Councils of
Municipalities under the Local Government Act empowered to make by-laws.