Pass School. Group B. Roman Law. II. 1. Translate, and explain with reference to the context: (1) Diversae scholae auctores contra sentiebant. (2) Mandatum et in diem differri et sub condicione fieri potest. (3) Sciendum est quaesitum esse, an impubes rem alienam amovendo furtum faciat. (4) Si quis Hippocentaurum dari stipulatus fuerit . . . (5) Cum olim in usu fuisset, alterius nomine agere non posse nisi pro populo, pro libertate, pro tutela. (6) Eum quoque, qui creditoribus suis bonis cessit, si postea aliquid acquisierit quod idoneum emolumentum habeat, ex integro in id quod facere potest creditores cum eo experiuntur: inhumanum enim erat spoliatum fortunis suis in solidum damnari. 2. What was the precise meaning of the word Obligatio? How did an Obligation differ from a mere Naturalis Obligatio and from a Pactum Nudum? 3. Distinguish accurately between the legal consequences of Permutatio, and of Emptio Venditio? At what moment does dominium pass to the purchaser in each case? 4. Classify and describe the various forms of Praetorian procedure, other than Actions and Interdicts. 5. What legal remedies had the locator against his lessee? 6. Why were Quasi Contracts so called? What is their place in the classification of the Institutes, and what is their real nature? Illustrate by examples. [Turn over. 7. A stone is thrown from the window of a house at a passer by who is seriously hurt. State precisely under what heading this case would come, and what remedies would apply. 8. Explain the following terms:-Actiones praejudiciales, Actio Publiciana, Interdictum uti possidetis, Infamia, Acceptilatio, Societas leonina, Plagiarius, Furtum conceptum. 9. Show under what heads the following cases fall, and what are the rights and obligations of each party : (1) Seius lends his boat to a friend, Titius. It is wrecked while Titius is navigating it. (2) A physician who has killed your slave by an over dose. (3) Maevius agrees with his tailor to have a cloak altered for a certain price. Stichus advises Maevius to invest his savings in Seius' business. 10. Describe accurately the position of Fidejussores. Why were they introduced? [M. T. 1879.] Pass School. Group B. Real Property Law. I. 1. Are Immoveables precisely the same thing as Realty? What meaning is now attached to the words Real and Personal and how did it arise? 2. Distinguish between the following tenures:— (1) Allodial and feudal. (2) Frankalmoign and divine service. (4) Gavelkind and Borough English. 3. Si autem haeres alicujus talium fuerit infra aetatem et fuerit in custodia, cum ad aetatem pervenerit, habeat haereditatem suam sine relevio et sine fine.' Translate and comment on this passage. How did Wardship differ from Guardianship in Soccage in its object and arrangements? 4. Explain and criticise the principles upon which Stephen classifies Legal Estates. 6 5. Et si finis super hujusmodi tenemento in posterum levetur ipso jure sit nullus. How came this proviso to be disregarded? Enumerate all the various devices resorted to at different times for evading the law of entail. 6. In what different senses is the word Freehold used? How did this confusion arise ? 7. Albeit he that wasteth, but useth more than his due.' Examine this view of Waste. To what Estates and under what circumstances does Waste apply? Define carefully Equitable Waste. 8. By what test do you distinguish between Condition Precedent, Condition Subsequent, and Conditional Limitation? How do they respectively define the position of the donee? Illustrate by examples. [M. T. 1879.] 1. What have you gathered as to the authorship, date, and peculiarities of your text-book? 2. How did these Statutes affect the law of Realty20 Hen. III, c. 4; 13 Edw. I, c. 32 (de Religiosis); 1 Rich. III. c. 1; 4 Hen. VII, c. 24; 3 and 4 Will. and Mary, c. 14; 4 and 5 Anne, c. 16; 41 Geo. III, c. 109? 3. What was a Resulting Use, a Springing Use, a Shifting Use, and a Power; and what Common Law rules of limitation did they respectively violate? 4. Give a full account of Coparcenary both at Common Law and by Particular Custom. 5. Enumerate the main changes in the law of Descent since 1830. Upon total failure of the heirs of purchaser is esch at now the only alternative? 6. What new interpretations of expressions in Wills were sanctioned by Stat. 7 Will. IV, and 1 Vic. c. 26; and what later changes have been made as to Credible Witnesses? 7. Distinguish carefully between (1) Profit and Easement. (2) Quit Rent, Rent Service and Rack Rent, White Rent, Rent of Assize, Fee-farm Rent, Chief Rent. (3) Incorporeal Hereditaments Appendant, Appurtenant and in Gross. (4) Manors where there was, and manors where there was not, a custom to entail. [Turn over. |