31. State such proofs as occur to you of the State, after the establishment of Christianity, claiming a right to bind the Church. 32. State to what extent the claim was admitted by the clergy. 33. The Ecclesiastical Law of England is compounded of four main ingredients. What are they? 34. What courts of justice in England are described as proceeding according to the rules and forms of the Civil Law exclusively? 35. Of the Canon Law there are two principal parts-the Decrees and the Decretals. Define each. 36. "Ad certum tempus seu ex certo tempore vel sub conditione vel ante hæredis institutionem posse dari tutorem non dubitatur." Explain Ante hæredis institutionem. 37. Give Justinian's definition of a legacy. 38. Suppose the wish to create an usufruct, not by testament, how was such purpose carried into effect? 39. There was a large class of things in which, from an original principle connected with the nature of usufruct, an usufruct could not be created. State what that class of things was, and state the principle which rendered it impossible that usufruct could be created in them? 40. Define "usus," distinguished from "usufructus"? 41. Justinian discusses what the Roman law calls Servitudes; does he refer servitudes to the peculiar laws of Rome, or to what the Romans called jus gentium? Say to which he refers them, and particularize any passage in the Institutes where this is either expressly stated, or necessarily implied? 42. Give Justinian's history of the origin of fidei commissa, as fully and as accurately as you can. 43. Hominem Stichum, quem Titio legavi, Seio do lego. Is this form of bequest in a testament good? Does Titius lose this legacy, which had been given him before in the same will? 44. The case mentioned in the last question is from the Institutes; with reference to what subject is it stated by Justinian? 45. Explain Hæres necessarius. Write fully, so as to exhibit the Roman testamentary law on the subject. 46. A Roman testament may be defined or described as the appointment of an heir. Could more than one heir be appointed? if more, how many? State Justinian's language on this subject. 47. Explain the principle of the uncial division of property in a Roman testament. 48. Into how many unciæ was the imaginary As, which represented the testator's whole property, divided? 49. Suppose a testator leaving one-half of his property to Seius, and silent as to the other half, what became of such residue? 50. State the Roman law on the subject of the last question. Justinian mentions an inflexible rule of that law, as determining the question. State the rule, and say whether the rule exists in the law of England. 51. State the law de vulgari substitutione in a Roman testament. 52. State the law de pupillari substitutione. State this as fully and distinctly as you can. 53. In order to make a valid testament, the Roman law required the father of unemancipated children to disinherit them before he could dispose of his property. Suppose a father to bequeath property to an unemancipated child, he could substitute for such child, dying impubes, another heir; could he do so with respect to a child of his whom he disinherited, and who dies impubes; and, if so, what would the hæres substitutus gain by such substitution? 54. State, as distinctly as you can, and with the illustrations Justinian gives, the causes in which fidei commissa originated. 55. State the difference between a fidei commissum and a fidei commissaria hæreditas. 56. Two cases are stated, in which the attempt by a testator to carry out, indirectly, by fidei commissum, objects which could not be accomplished by direct legacy, was attended with the forfeiture to the Treasury of the thing so attempted to be given. State these cases. 57. Justinian sought, as far as he could, by legislation to identify legacies and fidei commissa. Did this apply to the case of fidei commissaria hæreditas? 58. Persons not sui juris had not, under the Roman system, the power of making wills. An unemancipated son had not the power, except he was a soldier, and then the right was limited to what was called his peculium castrense; would permission to make a will given him, by the person under whose potestas he was, render such will valid? If such permission was enough to validate it, state distinctly on what principle its validity depended. If it was insufficient, say why, as everything which an unemancipated son possessed, except his peculium castrense, was regarded in law as his father's-the father's permission in the imagined case should be insufficient. 59. An heir is appointed in a Roman testament, and a legacy left unconditionally to the slave of such heir; is such legacy good? If you regard it as valid, state your reason for so regarding it; if not, state why not? 60. Suppose a slave instituted an hæres in a Roman testament, and a legacy given to his master; is such legacy good? Is the law in this case the same as in the last? In answering the question, state, as distinctly as you can, the principle which governs the case. EXAMINATION FOR THE WHATELY PROFESSORSHIP OF POLITICAL ECONOMY. I. FRIDAY, June 20th, 1856. MORNING. THE ARCHBISHOP OF DUBLIN. 1. Define Political Economy, considered as a science. 2. State the sciences and the arts from which Political Economy mainly takes its premises. 3. State the arts to which Political Economy is principally subservient. 4. Define Productive Labour. 5. Define Unproductive Labour. 6. Define Productive Consumption. 7. Define Unproductive Consumption. PROFESSOR HUSSEY WALSH. 8. The aggregate value of the articles to be exchanged being given, what determines the quantity of coin which the transaction of the exchanges occurring within any specified time will require ? 9. Hence explain what regulates the quantity of coin required for supporting the circulation of a country, and show how far it depends on the amount of national wealth, and how far on the state of industrial progress. 10. State and illustrate the disadvantage of a metallic currency composed of but one metal. State also what is the inconvenience to be guarded against in a mixed metallic currency, and how far it admits of a remedy. 11. The exchange between two countries may be affected by inequalities either in the value of bullion or the supply of bills. Are the trades of importation and exportation affected similarly or differently in each case? 12. In 1847 Government raised a loan of £8,000,000, by the creation of £8,938,000, 3 per cent. stock; or, what comes to the same, by granting an annuity of £3 78. for every £100 borrowed. Had the loan been raised in 3 per cents., Mr. Newmarch supposes the quantity of stock created would have been £8,602,000 (equivalent to an annuity of £3 158. 3d. for every £100 borrowed), and that, at the end of fifteen years, these 3 per cents. might have been converted into 3 per cent. stock. On this hypothesis Professor Rickards, of Oxford ("Lectures on the Funding System," p. 81), thus measures the loss and gain which would have resulted to the nation (that is, to the tax-payers) by the selection of 3 instead of 3 per cents: = "Loss to the nation on 3 stock the difference between £3 158. 3d. and £3 78., or 88. 3d. per cent." (on £8,000,000) "for fifteen years. "Gain to the nation the difference between £3 78. and £3, or 78. per cent." (on £8,000,000) "after fifteen years, for ever." = Point out the error in the preceding method of estimating the annual gain which commences after the end of the fifteen years. 13. Illustrating the advantage of funding in low instead of high stocks, Mr. Newmarch shows a balance of over four millions in favour of the former in the case of the loan of £4,500,000, raised by Mr. Pitt, in March, 1793, as follows:-The loan was raised by the creation of £6,250,000 3 per cent. stock, the annual dividends on which amounted to £187,500; but had it been raised in 5 per cents., it is supposed that the stock created would have been £4,725,000, the annual dividends on which would have amounted to £236,250, and that in 1826 the 5 per cents. might have been reduced per saltum to 3 per cent. Hence, had the loan been raised in 5 per cents., the debt in 1826 would have been £4,725,000 3 per cent. stock, instead of £6,250,000; but, in the meantime, an additional charge of £48,750 per annum should have been raised in taxes, such being the difference between the annual dividends as above given on the 5 per cent. and 3 per cent. stocks. Employed as capital, the annual sums thus gained by the tax-payers, from 1793 to 1826, by the adoption of low instead of high stocks, would have exceeded, by more than four millions, the excess of the debt of £6,250,000, over £4,725,000; and hence Mr. Newmarch deduces his conclusion. Assuming the correctness of the hypothesis as to the terms on which the 5 per cents. might have been funded and reduced, is there any objection to the principle upon which the preceding conclusion is based, supposing the loan of 1793 paid off in 1826? 14. If it were not paid off, how would you estimate the loss or gain since 1826 by the adoption of the low stocks, instead of the high stocks? II. THE ARCHBISHOP OF DUBLIN. 1. What have been the effects on the production and on the distribution of wealth, of abstinence from work one day in seven ? 2. Assuming the extra expenditure during the late war to have amounted to 50 millions, and that 25 millions of it were raised by additional taxation, and 25 by loans; state the influence on general wages, and on general profits, by that expenditure. 3. If the whole had been raised by taxation, in what respect, if any, would that influence have been different, in degree or in kind? 4. If the whole had been raised by loans, in what respect, if any, would that influence have been different, in degree or in kind? 5. What is the most convenient use of the word “demand” ? 6. By what general principles ought the employment of paupers, soldiers, and prisoners, be regulated? DR. LONGFIELD. 7. What seems to be wages is sometimes in reality profit; state an instance, and show the practical effect of this distinction. 8. A part of the remuneration given to the labourer sometimes partakes of the nature of rent. In what class of cases is this analogy most complete? 9. It is sometimes said that cottier tenants are willing to pay a higher rate of rent than more extensive farmers, because they live more frugally, and therefore are content with a smaller proportion of the produce. Show the fallacy of this argument, and explain the reason of the higher rent paid by small farmers. 10. Adam Smith misapprehends the motives that lead to the insertion in leases of special clauses respecting modes of husbandry? 11. What remedy does he suggest for this supposed mischief, and what are the chief objections to his remedy? 12. How would you define a joint-stock company for the purposes of political economy? 13. What descriptions of enterprise are joint-stock companies fitted to carry on? III. SATURDAY, June 21st, 1856. MORNING. THE ARCHBISHOP OF DUBLIN. 1. By what general principles ought Taxation to be regulated? 2. Against what, if any, of those principles does the present Income Tax offend? 3. State the advantages and disadvantages of taxes on luxuries. 4. To what extent, if any, has any country the power of making another independent country pay a portion of its taxation? 5. Ricardo, p. 241, 3rd ed., says: "That the profits of the farmer should be taxed, and not those of any other capitalist, would be highly beneficial to landlords." Is this proposition true? If true, how can it be proved? If not true, how is it to be disproved? 6. He asserts, p. 271, that "The labouring classes cannot materially contribute to the burthens of the State." Is this proposition true? If true, how can it be proved? |