Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

11. What are some of the particular sources of international law mentioned by Wheaton? Which of these is in the present day most resorted to, and why?

12. What is the modern ruling on the subject of "enemy's goods found on board a neutral ship," and of "neutral's goods found on board an enemy's vessel?" In what way have these rules been modified in the present war, in the respective maritime laws of England and France?

13.

"Contraband articles are of an infectious nature." Explain the meaning of this.

14. Give a short sketch of the events preceding the election of Otho of Bavaria to the throne of Greece.

POLITICAL ECONOMY.

1. STATE any views of Political Economy, wholly or partly correct, which are found in Greek or Latin authors previous to the Christian Era, as to (1) Mines, (2) Money, (3) Commerce, (4) Banks of Deposit.

2. Explain the origin and use of Metallic and of Paper money.

3. What were the notions which prevailed in the early part of the 18th century as to enriching a country by means of the balance of trade? were their foundation and error?

What

4. Explain the way in which the National Wealth is increased, (1) by commerce between different parts of the same country, (2) between a country and its colonies, (3) between a country and foreign nations, and examine the exceptions thereto which Adam Smith suggests.

5. What regulates the price of a commodity according to Ricardo? How far is his view reconcilable with that which supposes it to be regulated by supply and demand?

6. Separate into its component parts the clear income derived by a farmer from the cultivation of his own land.

7. On what do the wages of unskilled labour depend? Explain how they are affected by the increase or diminution of Capital.

8. Explain the effect of the English Poor Laws upon population previously to the introduction of the present system in 1834.

9. State Adam Smith's view of productive and unproductive labour; and in what points and by what reasons Lord Lauderdale and Mr Garnier have endeavoured to shew its errors and imperfections.

10. In what cases and to what extent does a tax imposed upon the production of any commodity immediately fall on the producer or on the consumer ultimately?

11. Give the reasons for and against providing for a greatly increased national expenditure during one or a few years wholly by immediate taxation; or by loan with additional taxation sufficient only to pay the interest of the loan.

THE LAWS OF ENGLAND.

I. EXPLAIN the meaning of the technical terms of law contained in the following passages from Shakspere. The fee-simple of my life. Cut the entail from all remainders. This fellow might be, in's time, a great buyer of land, with his statutes, his recognizances, his fines, his double vouchers, his recoveries. The length and breadth of a pair of indentures. A gentleman born, who writes himself Armigero in any Bill, Warrant, Quittance, or Obligation. Third, or fourth, or fifth Borough, I'll answer him. Those precepts cannot be served. And will not tell him of his action of battery. What simple thief brags of his own attaint? Men shall hold of me in capite. Seize me for a stray. Flat burglary as ever was committed. I will make it felony to drink small beer.

II. "The Rustat Fund, arising from an estate at Ovington in Norfolk. This estate was bought with the money given to the University in 1666, by Tobias Rustat, Esq. M.A. Yeoman of the Robes to King Charles II. to be laid out in land, the rents to be applied in the purchase of choice books for the Public Library, and the income of it is nearly £200 per annum."-Cambridge Calendar.

State the effect of the law of Mortmain, and that of Charitable Uses, on donations by deed or testament similar to that of Mr Rustat.

III. "The English nation have submitted to the legislation of its Courts, and seen their fellow-subjects hanged for constructive felonies, quartered for constructive treasons, and roasted alive for constructive heresies, with a patience that would be astonishing, even if their written laws had sanctioned the butchery."-Livingstone.

Give examples of constructive takings, breakings, entries, force, fear, flight, levying of war, and compassing the Queen's death. If a man be apprehended half-way down a chimney which he is descending for the purpose of theft, is this, in law, a breaking of the house? Is it an entering of the house? From what causes have arisen constructive offences? Is it desirable, and practicable, to substitute a less artificial method of legislation?

IV.

"By words tantamount may be

A tail, without saying de corpore."

Explain this distich in the ancient metrical version of Lord Coke's Reports; and illustrate it, both for deeds and wills. What use is commonly

made of estates tail in marriage and other family settlements? By what process can an estate tail be converted into an estate in fee simple?

V. "Les biens sont immeubles, ou par leur nature, ou par leur destination, ou par l'objet auquel ils s'appliquent.

"Les biens sont meubles par leur nature, ou par la détermination de la loi." Code Napoleon, Livre II. Titre Premier.

How far do these distinctions of property correspond with those of the English law? What meant by chattels real, by things savouring of the realty, and by pure personalty? When does equity transmute personalty into realty, and vice versâ? Explain the nature, as regards the division of property into realty and personalty, of mortgages, terms for years, and railway shares? What rules are exclusively applicable to real and personal property respectively; and how far are they warranted by the nature of objects, or are attributable solely to obsolete circumstances of society?

VI. "Forfeiture of lands and tenements to the Crown for treason is based on natural justice.”—Blackstone.

"Confiscation of property has few advocates, and ought to have none.”Livingstone.

"All confiscations forming part of a sentence by which death is inflicted, are, in my opinion, founded on the greatest injustice.”—Sir S. Romilly.

Trace the influence which the practice of confiscation has had on our civil and criminal laws. Who is a mesne lord, that is entitled to escheat upon attainders for murder? Is the division of crimes into felonies and misdemeanors, according as they are punishable with forfeiture or not, attended with inconvenience? From what period have the hereditary revenues of the Crown been exchanged for an allowance on the Civil List? What mitigations in the law, and in the usage of forfeitures, have occurred since that period?

VII. "Item, the Abbot of Reding to be sent down, to be tried and executed at Reding, with his complices.

"Item, the Abbot of Glastonbury to be tried at Glaston, and also to be executed there."

Memorandum Book of Cromwell, V. G.

In what way may the Dissolution of the Monasteries have contributed to the extinction of Villenage in England, the institution of the Poor Laws, and the introduction of Parish Registers? How are lay impropriations and perpetual curacies derived from that event? What office is the appropriate repository for monastic records? What course is expedient for tracing in them the genealogies of families?

VIII. State the changes in the laws of England (other than those relating to the government of the country) that occurred during the period of the Commonwealth. With regard to such changes respectively, what was

the effect of the Restoration? What laws of the Commonwealth, that were abolished at the Restoration, have been revived under the House of Hanover?

IX. Describe any medals which have been struck with reference to particular events in English legal history, and explain their devices. To whom did the following mottoes, illustrative of legal history, relate? "Hunc sanguinem libo Jovi Liberatori;" "Ille crucem pretium sceleris tulit, hic diadema ;" "Moriendo restituit rem ;" "Saved by the power of the Lord, and the integrity of his jury, who are judges of law, as well as of fact."

X. What oath or oaths, declaration or declarations, ought to be taken by the Lord Mayor of London? Has any alteration been made in the terms of any such oath or declaration, in order that it may be conscientiously taken by Jews? What indemnity has been usually afforded in the case of Lord Mayors or others omitting to take any such oath or declaration?

XI.

"A woman having a settlement
Married a man with none;

The question was, he being dead,
If what she had was gone?

Quoth Sir John Pratt, 'the settlement
Suspended doth remain

Living the husband; but, him dead,

It doth revive again.””

Lord CAMPBELL's Lives.

Has this decision been overruled, wholly or in part, and by whom? What is the present law on the subject? Trace the histories of the laws of Vagrancy, Relief of the Poor, and Parochial Settlements.

XII. At Newgate Sessions, 22 Martii, 14 Car. I, David Williams was indicted for the death of Francis Marbury. A Special Verdict was found, viz. that, upon St David's Day, the prisoner, being a Welshman, had a leek in his hat, and that there was at the same time, in waggery, a Jack-o-Lent* in the street put up with a leek, and one Nicholas Redman, a porter, spake to the prisoner, and, pointing to the Jack-o-Lent, said, "Look at your countryman!" whereupon the prisoner, being therewith enraged, threw a hammer at Redman, with intent feloniously to hit him; but, missing him, the hammer hit Francis Marbury, whereof he died. This offence was adjudged to be manslaughter at Common Law.

Is this decision conformable to the present Common Law touching manslaughter? What objections have been made to the principles of the English Common Law in regard to provocation in cases of homicide?

XIII. Cromwell" A Justice of the Peace may commit, and shall not I?" Ludlow "He is a legal officer, and authorised by the law to do so, which you could not be, though you were King, because, if you do wrong therein, no remedy can be had against you."-Ludlow's Memoirs.

A figure set up in the streets during Lent, to be thrown at, usually for a penny.

State the legal requisites of a warrant of commitment by a Justice of the Peace. What questions have arisen concerning warrants issued by the special command of the King? Explain and illustrate the maxim that "the King can do no wrong." Is it a constitutional doctrine that a Prince Consort is for any purpose of state, or for any particular purpose or purposes of state, an Alter Ego of the Sovereign?

MODERN HISTORY.

1. MENTION the names of any authors who, in the 16th or 17th centuries, published any books on the Law of Nations before the appearance of the Treatise of Hugo Grotius De Jure Belli et Pacis. Give a brief explanation (1) of the circumstances which suggested, and of the motives which induced, the composition of that treatise; (2) of the plan or method on which it is composed; (3) of the literary merits or defects of it; and (4) of the general results of which it has been productive.

2. What are the rules of law maintained by Grotius respecting the proprietary and exclusive rights of States over navigable rivers? How were those rules illustrated in the reign of Lewis the Fourteenth with regard to the Rhine, and in the reign of Lewis the Sixteenth with regard to the Scheldt?

3. Explain the nature of the relations betwen a Protected, and a Protecting State. In what manner did the French Protectorate over the Electorate of Treves involve France in the Thirty Years' War, and how was the protection of France over the Elector and his States effectually vindicated at the Peace of Westphalia?

4. In the absence of any positive treaty regarding the Extradition of Criminals, in what cases is any State entitled to demand such an Extradition from any other State? Explain how a dispute on that subject became the immediate occasion of the War between Edward the Third and Philip of Valois.

5. Shew in what manner, and under what circumstances, the right of Free Transit through the dominions of a Friendly State was respected by Francis the First in the case of the Emperor Charles the Fifth, and by Henry the Fourth in the case of Charles Emanuel, Duke of Savoy.

6. The rule that every State is bound to recognize as existing in any other State de jure, any dominion which exists there de facto, is a rule which, in opposition to Lewis the Fourteenth, was acknowledged by the Sublime Porte in the case of King William the Third. Verify this statement by an explanation of the circumstances to which it refers.

7. What were the circumstances under which, and what was the manner in which, Lewis the Thirteenth and Charles the First conceded to each other

« ΠροηγούμενηΣυνέχεια »