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4. What is the test of Positive Law ? Mention

some of the classes of rules related by analogy

or resemblance to Positive Law. 5. Compare the servitudes of the Roman Law with

the easements of English Law. 6. What is a Person in the law ? How does a

juristic person act ? 7. “A sovereign body has no rights and is subject to

no duties.” Explain this statement. 8. What are " titles” ? What suggestions were

made by Bentham for avoiding the ambiguity of the term ?

9. How does Austin distinguish General from Par

ticular Jurisprudence ? 10. What schemes have been adopted for giving

security for debt?

ROMAN LAW.
The Board of Examiners.

Candidates must not answer more than EIGHT

questions.

1. Describe the incidents of patria potestas. To what

extent had filius familias rights of property under

the later law ? 2. Classify servitudes, showing the marks of the

classes where the classification has legal signifi

cance.

3. What is mancipatio fiduciæ causa? What part

was played by fiducia in the early stages of the development of the law ?

4. What are the innominate contracts re? What is

the liability of Gaius in the following cases ?(a) Titius repairs the house of Gaius on condition

that Gaius shall repair the house of Titius. (6) Titius agrees to repair the house of Gaius on

condition that Gaius shall repair the house of Titius.

5. Enumerate the classes of persons eligible for

succession on the death of a free-born citizen intestate (a) by the jus civile; (b) by the edictum prætoris; (c) by the legislation of Justinian.

6. What is meant by saying that bona fides is a

necessary condition for usucapio ? What is usucapio pro herede ?

7. What are rescripta, decreta, epistolæ, edicta ?

Consider the force of each during the Empire as a source of law.

8. Describe the steps by which the rights of citizen

ship were extended to the subjects of the Empire.

9. Describe the different forms of will which are to

be referred to the jus civile and the edictum prætoris respectively. What was the testamentum tripertitum ?

10. What was infamia, and what were its principal

consequences ?

CONSTITUTIONAL AND LEGAL HISTORY.

The Board of Examiners.

Candidates must not answer more than SEVEN

questions.

1. What are Flexible and Rigid Constitutions ? Con

sider the use of the terms constitutional and unconstitutional in reference to English and Victorian Government.

2. What is the meaning of the maxim “ The King

can do no wrong”? What is the nature of the remedy against the Crown, and in what cases does it exist ?

3. What is the lex et consuetudo Parliamenti ? What

is the common law doctrine concerning its application to Colonial Legislatures? How has the common law doctrine been affected by Statute in regard to Victoria ?

4. Enumerate the principal prerogatives of the Crown.

Can a Colonial Statute affect the prerogative of the Crown?

5. State briefly the rules concerning the application of

Imperial Statutes in the Colonies.

6. What is the position of the judiciary in England

and in Victoria in regard to tenure of office ? What was the nature of the struggle between the Crown and the Courts in the reign of James I.?

7. What was the Act for the Indemnity of the Lords

and Commons ? Mention any important cases in which the House of Commons has proceeded by resolution.

8. What is meant by the statement that occupation of

unsettled lands gives no title against the Crown? 9. Write a short note on each of the following sub

jects

(a) The right of personal freedom.
(6) The right of meeting and association.
(c) Stockdale r. Hansard.

INTERNATIONAL LAW.

The Board of Escaminers.

Candidates must not answer more than EIGHT

questions.

1. In the case of an unsuccessful revolt, what is the

position of the restored government in respect of the property and the contractual rights and obligations of the rebel government ?

2. What is meant by the three-mile limit? How

is it reckoned, and what is the attitude of jurists in regard to it?

3. What immunities are enjoyed by public armed 4. Consider the following cases (a) The X is carrying a full cargo of contraband,

vessels ?

and is captured. What will the condemnation of the Prize Court carry ? What will be the position of the owners in respect of the contract of affreightment and the insurance of their

vessel ? (6) There is a war between Great Britain and

Spain, and Holland and Spain. A Dutch vessel is found by an English vessel of war to be engaged in commerce with Spain. Consider the predicament of the Dutchman according as England and Holland are or are not formally allies

in the war. 5. What are the modes of enforcing foreign judg

ments in Victoria ? 6. What are the principal cases in which the law

refers to the domicile of a person ? On what does jurisdiction for divorce depend in Victoria ?

7. A dies domiciled in Victoria, with property and

liabilities in Victoria, South Australia, and New South Wales. How should his estate be administered, and where ?

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8. X, a debtor domiciled in New South Wales, be

comes bankrupt there, and obtains his discharge. Then Y brings an action against X in the Victorian Courts on a contract entered into before the date of the insolvency. X pleads his discharge. What is your opinion as to the sufficiency of the plea and the soundness of the defence? Would it be a material fact that Y proved in the N.S.W. insolvency?

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