19. By whom, and on what occasion, was the theory of a treasure of the Church put forward as a justification of the doctrine of Indulgences?

20. According to Roman Catholic theory, Indulgences are applicable in a different way to souls in purgatory and on earth?

21. How do Roman Catholics explain the text in the Epistle to the Colossians which seems to forbid the worship of angels?

22. How does it appear that the Church of England has refused to pass an unfavourable judgment on the fate of unbaptized infants?

23. What were the principal differences between the offices for Baptism in the Books of 1549 and 1552?

24. What objections to the institution of sponsors were made to St. Augustine, and how does he reply?

25. What reasons are there for holding affusion to be a valid method of Baptism?

26. How is the objection answered that the arguments from antiquity alleged in favour of Infant Baptism also establish the necessity of Infant Communion?

27. Discuss the validity of Lay Baptism, and the opinion of our Church on this subject.

28. What changes made in the Communion rite of the Book of 1549 have been said to affect things essential to the rite?

29. What was asked for in the prayers for the dead retained in the Book of 1549?

30. What arrangements were made in the Book of 1549 for the Communion of the sick? Cite authorities as to primitive usage in this

matter.

EXAMINATION IN CIVIL LAW.

THE REGIUS PROFESSOR OF LAWS.

Story's Equity Jurisprudence.

1. State the Rule of the Civil Law with respect to Conditions in iestraint of Marriage. How far are such conditions recognized by the Law of England? Where does the in terrorem doctrine hold? 2. State the rule of the Civil Law with regard to the circumstances under which Concealment will avoid a contract. What is the rule of English Law upon the subject? How does the Code Napoléon regulate the obligations of a Vendor with reference to Defects?

3. In the Roman Law the liability of Sureties for the debt of their Principal was subject to three modifications? How is the liability of a Surety affected by giving time to the Principal? Why should this be so?

4. How is the maxim, "Ignorantia Juris neminem excusat," explained by Lord Westbury in Cooper v. Phibbs (L. R. 2 H. L. 170)? How is it explained by Story? The maxim is derived from the Digest?

5. The notion of a Donation Mortis Causâ is derived from the Civil Law? Such a Donation differs from a Legacy in three respects? Can it be made the subject of a Trust or Condition?

6. From what doctrine of the Civil Law is the Marshalling of Securities derived? What is the principal difference between the Roman System and our own in this respect? Fide jussor an, et priusquam solvat, agere possit, ut liberetur? How does the Digest solve this question ?

7. The Roman Law proceeded, in a great measure, on the same principles as the English Law, with reference to the Appropriation of Payments ?

8. State the doctrine of the Civil Law in respect to Partnership. Quid ergo si unus renunciet? The same principle is recognized by the Code Napoléon ?

9. State the grounds of the Jurisdiction of Courts of Equity in suits for the Specific Performance of Agreements.

10. State the modifications to which the following statements made by Story must be considered as subject :

66

:

a. A man may most unconscientiously wage his law in an action of Debt." § 61.

b. "The Statutes of Limitation are in their terms applicable to Courts of Law only." § 64, a.

C. A person may be tenant by the courtesy of his wife's Trust Estate; but she is not entitled to Dower in his Trust Estate." Ibid.

d. "It yet remains a matter of some doubt whether the defence of a purchaser without notice is applicable to the case of a Plaintiff seeking relief upon a legal title." § 64, c.

e. "Courts of Equity will treat the execution by an Illusory Appointment as a fraud upon the power." § 255.

f. "It is incumbent, in purchasing Reversionary Interests, to show that a fair and adequate consideration has been paid." § 336.

g. "A surety paying a Bond Debt will be treated, in marshalling assets, as a mere simple contract creditor." § 499, d.

h. "Courts of Equity will not, any more than Courts of Law, interfere to enforce an agreement to refer to Arbitration." § 670.

Austin and Maine.

1. An inquiry into the Principles of Morals is an indispensable preliminary to an inquiry into the Principles of Jurisprudence?

2. According to Austin, "the hypothesis of the fundamental pact is not only a fiction, but is a fiction approaching to an impossibility"? 3. According to Maine, “the definite theories of Jurists on the subject of contract are scarcely nearer the truth than the opinions of the multitude" Illustrate this from the Roman lawyers, Rousseau, Locke, and Montesquieu.

4. Maine objects to the theory of Law given by Bentham in his "Fragment on Government," and Austin in his "Province of Jurisprudence Determined." State the various stages in the history of Jurisprudence pointed out by Maine, and illustrate each.

5. By what, according to Maine, was the Feudal form of Ownership suggested? He mentions certain erroneous or insufficient theories which have been employed to explain Feudalism? How does he explain the tendency in the Benefices to become hereditary?

6. The part played by Jurists in French history, and the sphere of jural conceptions in French thought, have always been remarkably large? 7. Give a short sketch of Law considered with reference to its purposes, and with reference to the subjects about which it is conversant.

8. Give Austin's criticism on what he calls the paradoxical proposition that "Right is Might," or that "Might is Right." Right has two meanings which should be carefully distinguished?

9. By his modern censors, French, German, and even English, the main design of Hobbes, in his various Treatises on Politics, has been mistaken? What are the capital errors of his political Treatises ?

10. Explain Austin's position, that "Limited Monarchy is_not_ Monarchy." This position may be illustrated from a passage in the Leviathan?

Muckeldey.

1. State the general principles which arise out of the notion of Servitude. State the analogous principles to be found in English law.

2. State the notion of Emphytensis; the Jura et Officia Emphytentæ ; and the Ortus et exstinctio Emphytenseos.

3. What is to be understood by Contractus Innominati? What are the species of Contract comprehended under that head?

4. State the provisions of Lex Rhodia de jactu. How far have these provisions been adopted by the Law of England?

5. What was the Senatusconsultum Macedonicum?

What traces of its

policy are to be discovered in our Equity Jurisprudence?

6. State the various classes of Bailments known to the Roman Law.

Justinian, and Code Napoléon.

1. What was Legitimatio?

How was it effected? What is the Law of England on this point? What is that of Scotland?

2. Explain the nature of Substitutio, and state the various kinds of Substitutiones. Are there any analogous principles in our Law?

3. What was the nature of Hæreditas ab Intestato? What in such case was the order of succession ?

4. State the prominent points of the Roman Law as to (1) EmptioVenditio; (2) Locatio-conductio; (3) Societas; (4) Mandatum.

5. Compare the corresponding points in the Code Napoléon.

EXAMINATION FOR THE DEGREE OF LL. B.

TEE REGIUS PROFESSOR OF LAWS.

1. According to the Civil Law, in order to Justa Nuptiæ, three conditions were essential; explain each of these conditions.

2. Explain the difference between Tutela and Curatela, and point out the different kinds of Tutela.

3. Point out the difference between Res Communes and Res Universitatis. What are Universitates Juris ?

4. Distinguish between Usucapio, Ususfructus, Usuræ, and Usus.

5. What are the agencies by which Law is brought into harmony with Society? Explain and illustrate each of these agencies.

6. Give an account of the various notions which have prevailed upon the subject of Sovereignty. What was the nature of the kingship of our Anglo-Saxon regal houses?

7. Explain the proposition, that "the movement of the progressive societies has hitherto been a movement from Status to Contract.

8. Give some account of the various developments in the history of Testamentary Succession.

9. How can a Testament be revoked under the French Civil Code? How under the English and Scottish Law?

10. Point out the chief differences between the Constitution of Marriage in Scotland and in England.

11. By the declaration of 16 April, 1856, the Congress of Paris, held after the Crimean War, adopted four principles of International Law?

12. The affair of the Trent, West Indian Mail, gave rise to an important question of Maritime Law deeply affecting the rights of neutrals ? 13. Treaties cease to be obligatory under three different states of circumstances ?

14. The claim of Dominion to close or narrow seas has been the theme of much discussion and controversy ?

15. Give some account of the circumstances under which Intervention, Recognition, and the concession of Belligerent rights are justifiable.

16. Give a sketch of the principal provisions of Napier's Act, Statute 14 & 15 Vic. c. 73.

17. What is the state of the Law as to Resignation Bonds?

18. What is the difference between Institution and Induction?

19. What is the Canon respecting "the restraint of Double Quarrels upon Respite of Institution ?''

20. State how far the "Custom of the Church" is the "Law of the Church."

EXAMINATION IN FEUDAL AND ENGLISH LAW.

Morning.

1. Classify Powers, defining each class with precision. State to which class the following respectively belong :

(a). A power of attorney.

(b). A power to a tenant for life to appoint the estate among his chil

dren.

(c). A power to a stranger to revoke a settlement, and appoint new uses to other persons designated in the deed.

2. What requisites are essential to the valid creation of a power?

3. Where the instrument creating the power directs that it shall be exercised by an instrument executed with certain formalities, what is the present state of the law as to the execution of such a power-(a) by will, (b) by deed?

4. (a). State accurately the Rule in Shelley's Case.

(b). Write a short note on the decision in Pybus v. Mitford, and Venables v. Morris.

5. (a). In what modes may a power be exceeded?

(b). Write a short note on the doctrine of Cy pres, referring to the cases on which any propositions you lay down are based.

6. A father having a power to appoint to any of his children, exclusively of the others, appoints to one upon a bargain made beforehand with that child that he shall pay a consideration for it; have the other children any, and if so, what remedy? [State the reasons for your answer.]

7. Why should efflux of time operate to create or extinguish rights ? 8. Point out the distinctions existing between an Easement and a Profit a prendre, in their nature and legal incidents. To which class of rights (if either) do the following belong, respectively?—

(a). A right to fish in a river flowing past a man's own soil. (b). A right to fish in a lake upon the soil of another.

(c). A right to take water from a well in the soil of another.

(d). A right to receive the flow of a stream in its natural state. (e). A right to divert a stream.

(f). A right to open windows overlooking the soil of another.

(9). A right to build on a man's own soil so as to prevent the access of light to the windows of an adjoining proprietor.

(h). A right to have the access of light to windows unobstructed by buildings erected on the soil of a neighbour.

9. An owner in fee makes a lease for 20 years, and neglects for the entire of that period to obtain payment of any part of the rent reserved by the lease, or any acknowledgment of title; how are his rights affected at the expiration of the 20 years?

10. Write short notes on the following subjects:(a). Continual claim.

(b). Adverse possession.