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TUESDAY, June 3, 1890–1:30-4:30 p. m. 1. What were the causes of the war of 1780 between England and Holland? How was Holland treated in that war by the powers of the armed neutrality? And what was its result to her?
2. Sketch the relations between the Christian powers and the Porte during the period of 1761-1815. Could it have been said at that time, as it was said in tho treaty of Paris, 1856, that the Porte was admitted to the advantages of the European concert, and that violations of the integrity of the Ottoman Empire were questions of general interest?
3. Discuss the question whether Austria, Russia, and England, respectively, were guilty of provoking the war of the French Revolution by wrongful intervention or menace of intervention. What were the attitudes of the different parties in France towards that war down to the end of 17927
4 Enumerate the new states which were set up by French arms during the republican and Napoleonic periods, and state out of what territories they were formed and what became of them.
5. What were the provisions of the treaty and convention of Bayonne, May, 1808, and the events and intrigues which led up to them?
6. Describe the currents of opinion and policy which divided Germany during the revolutionary and Napoleonic periods. How far did Napoleon avail himself of any of them? In what respects did the settlement of Germany in 1815 disappoint Stein ?
7. What were the causes of the war of 1812 between England and the United States?
8. Compare the motives which determined the political grouping of the European states at the beginning and end of the period 1761-1815.
NOTE:-In question 3 for Russia read Prussia.
PRESENT RULES OF INTERNATIONAL LAW.
WEDNESDAY, June 4, 1990–9-12 a. m. 1. “Bulgaria is constituted an autonomous and tributary principality under the suzerainty of His Imperial Majesty the Sultan.”—Treaty of Berlin, 1878. What authority or precedent is there for the interpretation of suzerainty? What rights have been recognized as belonging to Bulgaria under this clause! Do the capitulations between the Porte and the Christain powers, as to the status of the subjects of the latter, still apply in Bulgaria ?
2. On what circumstances is jurisdiction in criminal matters deemed to be founded ? What authority to punish foreigners for things done outside the territory is assumed by different states? The extradition of an accused person being claimed by different governments for the same fact, and the government of the territory in which he is found also claiming authority to try him for that fact, discuss the order of priority, as depending on the grounds of jurisdiction, in which those claims ought to stand.
3. What action outside its territory, in the nature of self-defense, is permitted to a state in time of peace? Relate the cases of the Caroline and of the Virginius, and discuss the right of the Spanish Government to try the crew of the latter by courtmartial.
4. Can diplomatic agents claim any rights at the hands of governments to which they are not credited, whether. enemy governments or those of third states? What cases have there been on the subject? What is the position of the member of a diplomatic mission who is a subject of the Government to which the mission is accredited ? And what rights has that Government with regard to him?
5. On what circunstances does the enemy character of persons or property depend in the view of prize courts? Distinguish between domicile as understood in those courts and domicile as understood in private law, and mention any difierences in the rules about it which result from the distinction?
6. According to the declaration drawn up at the Brussels conference of 1874, what are the conditions entitling voluntary combatants to the application of the laws of war in districts respectively occupied or not occupied by the enemy? And what test did the same declaration apply to such occupation? How far were the conditions so laid down in advance of previous practice! Has a private ship attacking an enemy's ship of war any analogous rights?
7. Do the penalties for carrying contraband of war apply to a neutral who carries it in order to assist the enemy in a war with a third power in which the neutral is his ally? What was the case of the Commercen, and what were the different judgments pronounced in it, and by whom?
8. A vessel captured by the enemy is taken into a neutral.port, and her restitution is there decreed by the neutral jurisdiction on the ground of a violation of its neutrality in her capture. While lying in the neutral port she is condemned as good prize by the prize court of the captor's state, which takes a different view of the facts with regard to the alleged violation of neutrality. To whom ought the courts of a third state to regard her as belonging, in the different suppositions which may be put as to the order of dates in the action? PRESENT RULES OF INTERNATIONAL LAW.
WEDNESDAY, June 4, 1890–1-4 p. m. 1. What is moant by the expression “the family of nations”? How may states gain admission into this family, and in what respects does their position after they have been received as members of it differ from their position before !
2. The plenipotentiaries assembled in conference at Vienna in 1815 declared with regard to the abolition of the slave trade that “they were animated with the sincere desire of concurring in the most prompt and effectual execution of this measure by all the means at their disposal.” How far and by what means has their desire been fulfilled ?
3. Explain the nature of reprisals, giving rocent instances of their use, and showing how they differ from actual war.
4. Point out clearly the difference between the legal positions of i neutral mail steamer, carrying only duly certified mail-bags, and an ordinary neutral merchantman, whose captain has been induced by the known agent of one of the belligerents to carry a dispatch for him. What special indulgences have been granted to mail steamers in recent wars?
5. What remedy or remedies has a neutral state if the rules laid down by its government as to the stay of neutral vessels in its ports and the nature and extent of the supplies they may obtain therein are disregarded by a belligerent vessel ?
6. Enumerato the various ways in which intercourse of a nonhostile character may take place between belligerents (a) under the ordinary rules of warfare, (b) by special permission from the commanders, (c) by special permission from the sovereign.
7. Embody in the form of instructions to naval officers what you deem to be the proper rules with rogard to the protection of British subjects in foreign ports in case of disturbances in the social order of the districts where they reside.
8. Distinguish clearly between arbitration, mediation, and intervention, giving historical examples.
PROBLEMS, DISPUTED POINTS, AND PROPOSED CHANGES. [You are only to attempt three questions in each part; and the answers in each part are to be folded
into a separate bundle.]
THURSDAY, June 5, 1890—9-12 a. m.
PART I. 1. In what ways docs it happen that there are persons w nitional
character is disputed, or who are not claimed by any state as its snbjer
he bases on which yon think it most probable that a general agreement
od, obviating the inconveniences which arise from these causes !
2. Assuming that, by the negotiations between England and Russia in 1875–76, (1) England reserved her entire liberty of action with regard to Afghanistan in every
(2) Russia agreed that Afghanistan should remain outside her sphere of action. (3) Both England and Russia reserved their entire liberty of action with regard to what they might, respectively, deem necessary for their security. Explain fully the rights and duties of England with regard to Afghanistan, and compare the position with that created by a protectorate under the general act of the African conference of Berlin.
3. Prof. Lieder says: “The laws of war permit such exercise of force as the object of war requires, and forbid its further and unnecessary exercise.” Can any principle be maintained which would restrain the exercise of force in war within narrower limits than these? Discuss the measures, depending on the answer, which a hostile power might take against England.
4. State the practice and discuss the rightfulness of pacific blockades, (1) as between the blockaders and blockaded, (2) as between the blockaders and third powers.
1. Endeavour to assign an exact meaning to the phrase "sphere of influence” as applied to a district not under the direct government of any civilized state, noting especially the relations established in respect of it (a) between the power which exercises iufluence over it and other civilized powers, and (b) between that power and the tribes who inhabit it.
2. There has been a tendency in recent wars of any importance for one or other of the belligerents to complain of the trade in contrabaud of war carried on by neutral merchants with its adversary, and to argue that such trade, when it takes place on a large scale, should be stopped by the neutral Government. State the rules of international law on this subject and discuss the advisability of altering them.
3. A public armed vessel is lying in a port of a friendly state. A member of the crew, seeing a political refugee chased in the streets, rescues him from a mixed mob of police, soldiers, and rabble, and brings him off to the ship. The local authorities immediately demand from the captain the surrender of the refugee and his rescuer. What course ought the captain to taket
4. Discuss the utility of international conferences regarded as a means of settling disputes without war.
POLITICAL PIILOSOPHY AND POLITICAL ECONOMY.
[Not niore than three questions in cach part of the paper should be answered.)
THURSDAY, June 5, 1890–1:30-4:30 p.m. 1. “Constitutions are not made; they grow.” Discuss the truth of this saying.
2. Does the influence exercised by great statesmen on the fate of nations increaso or decrease in the course of modern history?
3. Assuming the general rules that men should be bound by law to fulfill their agreements and that states should be bound by international law to fulfill their treaties, discuss the exceptions to these rules, and consider how far the law of contract ought to be a model for the international law of treaties.
4. Discuss “the equal liberty of all" as a political ideal.
5. Propose a definition of “civilization" and examine the common belief that tho existing civilized states are destined to become yet more civilized.
6. Illustrate the various methods of political science by arguing the question whether a democratic or a monarchical state is the more likely to pursue a consistent forcign policy.
1. "Anything can be proved by statistics.” Discuss this saying, and illustrate the use and abuse of statistics in economic argument.
2. “ The best lands in Indiana are probably as fertile as the best lands in East Lothian, and yet they yield no surplus in the shape of rent to the proprietors; nor will they ever yield any unless inferior lands be taken into tillage.”
Upon the above remark the following criticism has been made: “This is the Ricardian theory of rent pushed into sheer nonsense. Can any person believe that if, in any country, all land were of equal fertility, no rent would be exigible, but that in case a piece of land less fertile than that already existent were added or reclaimed, rent would immediately arise ?"
Give your opinion as to the truth of the remark and the soundness of the criticism.
3. “But for war and the necessity of being prepared for war, all nations would long ago have adopted the principle of free trade.” Criticise this statement.
4. State briefly the theory of international values.
5. Does it seem to you that political economy is at the present time a progressive science? In what directions and by what methods is it likely to make further progress?
6. “Labor, therefore, it appears evidently, is the only universal, as well as the only accurate measure of value, or the only standard by which we can compare the values of different commodities at all times and at all places.”—(Adam Smith.) Discuss this passage.
TIIE INNS OF
X.-EXAMINATION FOR CALL TO THE BAR HELD IN
COURT IN LONDON,
he foregoing examination questions from Cambridge are used to secure academic degrees and prizes.
The following questions are asked by the inns of the court, the only official authority for admission to the bar in England. To the bar examinations all law students must submit, regardless of academic degrees acquired at universities. It is most interesting to compare these questions with the ones submitted in Cambridge. They reveal a difference in grade and character which is quite in harmony with the institutions from which they emanate. The answers to the questions on Roman law and common law have been prepared by W. D. Edwards, barrister at law; those on equity and real and personal property by A. D. Tyssen, barrister at law.
GENERAL EXAMINATION FOR CALL TO TIE BAR HELD IN THE INXS OF COL'IT IN
TRINITY EXAMINATION, 1886–SUBJECTS OF EXAMINATION.
The Law of Real and Personal Property.—The elementary principles of the law of real and personal property, and the settled land acts, with reference chietly to the treatises of Mr. Joshua Williams and Mr. Goodeve on those subjects.
Equity.-(1) Trusts; (2) specific performance; (3) mortgages.
Common Law.—The elementary principles of (1) the law of contracts; (2) the law of torts; and (3) the criminal law, with reference chiefly to Mr. Broom's Commentaries, seventh edition, 1884; and (4) the procedure in the Queen's bench division of the high court of justice, with refercuce to Book 1 of the same work. ED 91
Roman Law.-Institutes of Justinian, Books I and 11; Book III, title 13, to the end of the book; Book IV, titles 1 to 5, inclusive.
Examination for Studentships.-(1) Iustitutes of Gaius and Institutes of Justinian; (2) Digest: II, titles XIV, “De Pactis," and xv, “De Transactionibus;" (3) history of Roman law; (1) principles of jurisprudence, with special reference to the writings of Bentham, Austin, and Maine; (5) elements of international law; (6) princi. ples of private international law,
EXAMINATION PAPERS WITH ANSWERS SUBJOINED TO EACII QESTION.
REAL AND PERSONAL PROPERTY-PASS PAPER.
(Answer the questions concisely.) Q. 1. Describe and distinguish the various kinds of conditional estates.
A. The expression “conditional estates" is not a recognized technical legal er. pression, but the words conditional and condition are used with a techinal meaning in the following cases:
(1) At common law it came to be held that a gift to one and the heirs of his body, and some other similar expressions, gave to the donee a fee simple conditional, the condition being that if he had issue he could alienate the land in fee simple, but as long as he had no issue he could only alienate it for his life. This law was altered as to freehold lands by the statute De donis conditionalibus, which enacted in effect that such a gift should confer an estate tail in the future. But as to copyhold lands in manors, where there is no custom to entail, a surrender to the use of one and the heirs of his body still gives a customary fee simple conditional, with the power of alienation above mentioned.
(2) At common law it was lawful to make a grant or lease upon a condition, the effect of which was that if the condition was broken the grantor or his heirs might reönter upon the land and hold it discharged from the grant or lease. The examples of such grants given in Littleton aro:
(a) A feofi'ient reserving a yearly rent with a power of reëntry in case of nonpayment of the rent (Co. Litt., sec. 325).
(b) A feofi'ment to one and his heirs with a condition that if the grantor pail the grantee a certain sum on a certain day he night reënter upon the lands. This was a primitive sort of mortgage, and the grantee was called tenant in mortgage (sec. 332).
(c) A feoffment with a condition that if the lessee paid a certain sum to the lessor within a certain time le should have the fec, but otherwise only a term of years (see, 319).
(a) A feoftment on condition that the feoffee should, by another feoflinent, settlo the land on the feofler and his wife and children. Directions of this nature are now generally held to be trusts, which may be enforced by the wife and children, and not conditions the breach of which gives the feoffer a right to reinter (Sec. 332).
(c) A grant of an office of steward or the like, which necessarily implies a condi. tion that if the grantee do not fulfill the duties of the office he may be removed by the grantor (Sec. 378).
(1) A grant such as to husband and wife for their joint lives, in which case tho estate of the survivor is determined by the death of the first (Sec. 380).
These last two cases are called conditions in law, because the condition is implied by the law from the nature of the grant.
(3) At common law also a future estate, in the nature of a remainder, might be made to depend upon the happening of some condition; and so long as the event was undecided, it was calle:l a contingent remainder.
(4) In the case of conditions relating to the land contained in leases for years, the benefit of them has been extended to assigns of the reversion by the Stat. 32 Hen. VIII., c. 31.