1. Translate

ROMAN LAW.

The Board of Examiners.

(a) "Sed cum paulatim tam ex usu hominum quam ex constitutionum emendationibus coepit in unam consonantiam jus civile et praetorium jungi, constitutum est, ut uno eodemque tempore, quod jus civile quodammodo exigebat, septem testibus adhibitis et subscriptione testium, quod ex constitutionibus inventum est, et ex edicto praetoris signacula testamentis imponerentur.”—INST. II.

10. 3.

(b) "Praeterea et is, apud quem res aliqua deponitur, re obligatur et actione depositi, qui et ipse de ea re, quam accepit, restituenda tenetur. Sed is ex eo solo tenetur, si quid dolo commiserit, culpae autem nomine, id est desidiae atque negligentiae, non tenetur : itaque securus est, qui parum diligenter custoditam rem furto amisit."-INST. III. 14. 3.

2. Explain and comment on the following passages :— (a) Multis autem modis manumissio procedit.

I. 5. 1.

(b) Ante Augusti tempora constat jus codicillorum non fuisse.-II. xxv. pr.

. (c) Is apud quem res deposita est custodiam. non praestat.-IV. 1. 17.

3. What was the distinction between Solum Italicum and Solum Provinciale? When was this distinction abolished?

4. Explain the nature of the Querela inofficiosi testamenti.

5. In what respects, if any, did a Donatio mortis causa differ from a Legatum ?

6. What was the nature of the contract "Literis"?

7. What are the classes of delicts treated of in the Institutes?

8. Show the importance of the Lex Calpurnia de Repetundis.

9. "The history of Roman Property Law is the history of the assimilation of Res Mancipi to Res nec Mancipi." Discuss this proposition.

CONSTITUTIONAL LAW.

The Board of Examiners.

1. Describe briefly and distinguish the stages through which the process of English legislation has passed.

2. Explain why the members of the House of Commons have no right of Protest.

3. What is the reason why one person cannot at the same time represent two constituencies ?

4. Describe briefly the legal measures by which the independence of the Judicial Bench in England has been secured.

5. What is the mode whereby Responsible Government is introduced into a British Colony, and why is this mode adopted?

6. "The Ministry is in fact a Committee of leading members of the two Houses" (Macaulay's History, Vol. IV., p. 435). Is this statement strictly accurate? Give the reasons for your answer.

7. Why are appeals from the Colonial Courts determined not by the House of Lords, but by the Privy Council?

8. Is the practice of Colonial Assemblies in requesting the Crown to put a sum for a specific purpose upon the Estimates constitutional? Give reasons for your answer.

9. What is the true meaning of the expression "House of Commons"? Give reasons for your

answer.

10. What Bills is the Governor instructed to ordinarily reserve for the royal assent? State the special circumstances which justify the Governor in personally assenting to such Bills.

11. If the Governor assents to any Bill contrary to his instructions, what is the legal effect of such

assent?

12. What are the provisions of 9 Geo. IV., c. 83, s. 24? State shortly the different constructions put upon this section. What is the construction at present generally adopted?

INTERNATIONAL LAW.

The Board of Examiners.

1. In what circumstances and under what conditions has the right of Self-preservation priority over the duty of respecting the independence of other States ?

2. "On thus exposing the nature of treaties to analysis no ground appears for their claim to exceptional reverence as sources of law." Explain and comment upon this passage.

3. To what extent can the sea be appropriated? Give a short summary of the course of opinion and practice on this subject.

4. "The position of Intervention in law is somewhat equivocal." Explain and comment upon this

passage.

5. What persons may be made prisoners of war?

6. When does a Community become a person in International Comity?

7. A belligerent frigate captures a merchant ship of the enemy. The captor takes a Ransom Bill and a Hostage, and both ships proceed upon their voyages. Before reaching port the captor is himself captured. In what circumstances is the owner of the prize still liable for the debt?

8. Are loans by neutral individuals to one of two

belligerent states a violation of neutrality? Give the reasons for your answer.

9. What are the conditions for the due institution and maintenance of a blockade ?

10. When a question as to foreign law arises in a Victorian Court, how is that law ascertained?

11. In what circumstances is a foreign marriage recognised in Victoria?

12. A person domiciled in France dies leaving personal property in Victoria. (a) What law governs the beneficial interest in the surplus of such property after payment of debts, funeral and testamentary expenses ?

(b) How are the persons entitled to such surplus ascertained?

(c)

To whom will probate or administration be granted by the Victorian Court?

THE LAW OF PROPERTY.

The Board of Examiners.

1. What estates (if any), legal or equitable, arise upon a grant of lands in the terms in each of the following cases by a tenant in fee simple thereof? (a) To A to have and to hold unto A to the use of A.

(b) To A and his heirs to have and to hold unto