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4. A testator directs his executors to sell his leasehold property, and to lay out one half of the monies so to be produced in erecting a monument to himself in a particular church, and the other half in purchasing an organ for the same church. Are these valid bequests?
5. In what cases will a bill for an account lie in equity?
6. In an ordinary foreclosure suit, has the Court of Chancery authority to direct a sale instead of a foreclosure at the instance of the mortgagor, without the consent of the mortgagee? and if so, whence is such authority derived?
(2.) COMMON LAW.
1. Explain the proposition that "a mere voluntary courtesy will not uphold an assumpsit."
2. What is meant by "special endorsing" a writ of summons? and when may it be proper to endorse the writ specially?
3. In what does 66 a pawn" differ from a "lien ?" and from a mortgage?" 4. What kind of property in a "chattel" has its finder? and under what circumstances may the owner of a bank-note be guilty of larceny in appropriating it?"
5. What is the doctrine of the common law as to "contributory negligence ?" 6. State what things are (1) absolutely, (2) conditionally privileged from being distrained for rent.
Questions prepared for an Examination of Candidates for the Colonial Office.
(1.) CONSTITUTIONAL LAW.
1. What are the "Three Estates of the Realm ?"
On what occasions
have attempts been made to limit the number of the Peerage?
2. What are the functions of the House of Lords in regard to "Money Bills?" Enumerate the principal descriptions of enactment which are considered to be included under the term "Money Bill."
3. What is the nature of the writ of Habeas Corpus? By what statute is it regulated? Did that statute create it?
4. Describe briefly the constitutional position and functions of the "Privy Council." In what relation does the Cabinet stand to it?
5. Has the Queen any greater authority over a Colony which has not yet received a charter or constitution than she has over her English dominions? Is there any portion of the English Common Law which does not, without special provision, extend to a newly-settled dependency of the British Crown?
6. In what King's reign was Magna Charta made part of the English Statute Law? Mention any provisions of Magna Charta which you consider to have been peculiarly beneficial to the middle and lower classes.
7. Describe concisely the purport of the following laws and ordinances:The Constitutions of Clarendon; the Bill of Rights; the Act of Settlement; the Roman Catholic Emancipation Act.
8. What special rule exists as to the evidence necessary to convict a person of High Treason? Can you mention any celebrated case in which a peculiar construction was put on this rule?
9. For what alleged offences were the following persons tried: -- Sacheverell, Lord George Gordon, Horne Tooke?
10. What questions of Constitutional Law were involved in the original dispute between the American Colonies and the mother country? Are any of these still unsettled?
1. Distinguish between the legal position of an ambassador, a minister, chargé d'affaires, and a consul.
2. What is implied in the right of equality among sovereign states, and to what extent is this right practically modified?
3. When a new country is discovered, does the right acquired through the discoverer accrue to the sovereign of whom he is a subject, or to the sovereign who employs him? Do you consider the right acquired to be inchoate or complete? If you think it merely inchoate, what is necessary to perfect it? Illustrate your answer by historical examples.
4. What test is usually applied to ascertain the degree of civilization which entitles a non-Christian race to share in the privileges of international law, and to be considered sovereign over the territory which it occupies?
5. Define eminent domain.
What description of right to the national territory are sovereigns inter se assumed to possess, and why is the assumption necessary?
6. Define postliminy. What subjects of postliminy are recognised by
modern international law?
7. What conditions must be satisfied in order that the goods of an enemy, taken at sea, may become the absolute property of the captor? State which of these conditions are required by the strict theory of capture in war, and which have been arbitrarily added by the custom of nations.
8. What rules of the general national law were modified or disturbed by the permission given by the Orders in Council of 1854, "to all 'subjects of Her Majesty, and the subjects and citizens of any "neutral or friendly state, to trade freely" during the then existing war "with all ports and places not being in a state of blockade," provided that no British vessel should enter or communicate with an enemy's port?
9. Do you consider that treaties are annulled by the breaking out of hostilities between the powers which were parties to them? Give authority for your answer; and if it is in the affirmative, state what assumptions it involves as to the natural relation of states inter se.
10. Has a belligerent power the right to confiscate debts owing by its own subjects to subjects of the other belligerent?
* This paper has also been set to Candidates for the situation of Paid Attaché.
11. What were the new rules which were attempted to be engrafted on the general international law by the armed neutrality of the northern powers in 1780? How far were these rules identical with those subscribed to by Great Britain at the Congress of Paris in 1856? 12. From what period is a treaty of peace binding-(1) on the contracting sovereigns-(2) on their subjects?
1. Explain and illustrate the proposition that all capital is perpetually consumed and reproduced. What is meant by fixed, and what by circulating capital?
2. On what conditions do the rise and fall of wages depend? What would be the effect of fixing a legal minimum of wages?
3. State concisely Ricardo's theory of rent. What is the value of the objection to it that there cannot be land in cultivation which pays no rent?
4. Define value and price. Can there be a general rise of values? 5. In what sense is it true that, in all employments, the rate of profit on capital tends to an equality?
6. To what extent does credit assist production?
7. What is the nature of the operation which is effected by means of the foreign exchanges? What is meant by saying that the exchange is "unfavourable" to a particular country?
8. Why does a tax on some one commodity generally raise the value and price of that commodity by more than the amount of the tax imposed? 9. What foundation is there for the opinion that there can be a general over-supply of commodities?
10. What, according to the old mercantile theory, was an "unfavourable balance of trade?" Analyse the doctrine that such a balance is an evil.
MATHEMATICS AND PHYSICAL SCIENCE.
Set to Candidates for the Treasury, and to Candidates for the Admiralty who selected Euclid as a subject of examination. EUCLID.-Book I.
1. Distinguish between a "postulate" and an "axiom." Write down Euclid's three postulates.
2. PROP. XXI.-If from the ends of a side of a triangle there be drawn two straight lines to a point within the triangle, these shall be less than the other two sides of the triangle, but shall contain a greater angle.
3. PROP. XXXII.-If a side of any triangle be produced, the exterior angle is equal to the two interior and opposite angles; and the three interior angles of every triangle are together equal to two right angles.
4. Enunciate and prove the corollaries of the last proposition. 5. PROP. XLIV. To a given straight line to apply a parallelogram, which shall be equal to a given triangle, and have one of its angles equal to a given rectilineal angle.
6. The quadrilateral figure whose diameters bisect each other is a parallelogram.
7. PROP. VI.-If a straight line be bisected and produced to any point, the rectangle contained by the whole line thus produced, and the part of it produced, together with the square of half the line bisected, is equal to the square of the straight line which is made up of the half and the part produced.
8. PROP. XII.-In obtuse-angled triangles, if a perpendicular be drawn from either of the acute angles to the opposite side, produced, the square of the side subtending the obtuse angle is greater than the squares of the sides containing the obtuse angle by twice the rectangle contained by the side upon which, when produced, the perpendicular falls, and the straight line intercepted without the triangle between the perpendicular and the obtuse angle.
9. In any isosceles triangle ABC, if AD be drawn from the vertex to any point in the base, show that the difference of the squares on AB and AD is equal to the rectangle of BD and CD.
10. PROP. IX.-If a point be taken within a circle, from which there fall more than two equal straight lines to the circumference, that point is the centre of the circle.
11. PROP. XX.-The angle at the centre of a circle is double of the angle at the circumference upon the same base, that is, upon the same part of the circumference.
12. PROP. XXXI.-In a circle, the angle in a semicircle is a right angle; but the angle in a segment greater than a semicircle is less than a right angle; and the angle in a segment less than a semicircle is greater than a right angle.
13. ABC is a triangle of which the angle A is acute; show that the square of B C is less than the squares of AB, AC, by twice the square of the line drawn from A to touch the circle on BC as diameter.
14. If a quadrilateral is described about a circle, show that the angles subtended at the centre of the circle by two opposite sides of it are together equal to two right angles.
Used in l'oluntary Examinations.
1. PROP. IV. To inscribe a circle in a given triangle.
2. PROP. XII. - To describe an equilateral and equiangular pentagon
about a given circle.
3. Inscribe (1) a square, (2) a circle in a given quadrant of a circle.
4. Give Euclid's definition of proportion.
5. PROP. I.-Triangles of the same altitude are one to the other as their bases.
6. PROP. VI. — If two triangles have one angle of the one equal to one angle of the other, and the sides about the equal angles proportionals, the triangles shall be equiangular, and shall have those angles equal which are opposite to the homologous sides.
7. PROP. XVIII.—Upon a given straight line to describe a rectilineal figure similar, and similarly situated, to a given rectilineal figure. 8. PROP. XXII. If four straight lines be proportionals, the similar rectilineal figures similarly described upon them shall also be proportionals.
9. If two circles touch each other externally, the part of their common tangent between its points of contact is a mean proportional between the diameters.
10. PROP. IV. —If a straight line stand at right angles to each of two straight lines in the point of their intersection, it shall also be at right angles to the plane which passes through them, that is, to the plane in which they are.
11. PROP. VIII.
-If two straight lines be parallel, and one of them is at right angles to a plane, the other also shall be at right angles to the same plane.
12. PROP. XX.-If a solid angle be contained by three plane angles, any two of them are greater than the third.
13. Two planes being perpendicular to each other, draw a third perpendicular to both.
(1) x3 + 2 x3 y + 2 x y2 + y3 by x3 − 2 x2 y + 2 x y2 — y3
(2) a + a-4 a2 -a -2 by a
- 3 b
4 ab by
(x y z) — y z by x2 + (y z )ś
(3) xy + x y z
3. Show that the product of two quantities equals that of their greatest common measure and least common multiple.
Find the greatest common measure of
35 μ3 + 47 x2 + 13x + 1 and 42 xa + 41 æ3 9x29x 1