establishing the proposition that property is independent of spiritual considerations?

(2) What is meant by the expression Artha Shastra as used by Narada and Yagna Valkya in contradistinction to Dharma Shastra ?

9. How does Jimutvahana apply the principles of the Mimansa Shastra in interpreting the text of Manu:

"After the (death of the) father and the mother, the brethren, being assembled, must divide equally the paternal estate; they have not power over it while their parents live."

10. How would you interpret the following text of Vashista regarding the question of the validity or otherwise of the adoption of an only sou :

(1) "Man formed of uterine blood and virile seed, proceeds from his mother and father as an effect from its cause.

(2) "Therefore the father and the mother have power to give, to sell and to abandon their son.

(3) "But let him not give or receive in adoption an only son.

(4) "For he must remain to continue the line of ancestors."

By the Mimansa principles of interpretation is it right to hold that line (3) is not a vidhi, because a reason is given for it in line (4)? What is the real bearing of the Drishta Mulaka Smriti Apramanya' adhikarana and the Hetuvadnigad adhikarana on the above passage?

B.L. Examination.

1906.

PRINCIPLES OF JURISPRUDENCE.

FIRST PAPER.

Paper set by-C. E. GREY, Esq., B.A..

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate full marks.

FIRST HALF.

Examiner-BABU BASANTAKUMAR BASU, M.A., B.L.

1. Savigny has laid down that "All property is founded on Adverse 10 Possession ripened by prescription." Explain and discuss this.

2. Define

(a) Fiducia, pignus, hypotheca.

(b) Jus in personam, jus in rem.

(c) Usus. Usufructus.

(d) Res mancipi. Mancipation.

(e) Sovereignty, person, duty.

3. What were the rules of Intestate Succession practised by the Romans, and why had they such a distaste for an Intestacy ?

12

8.

4. What are the "sources of law" and at what moment does a custom 10become law?

5. "International Law is the vanishing point of jurisprudence." 10Discuss this, giving reasons for your views.

SECOND HALF.

Examiner-PRASANTAKUMAR SEN, ESQ., M.A., LL.B.

1. Distinguish between moral and legal rights and duties.

10.

2. Discuss the law of Testamentary Succession according to Roman 10 Law.

3. What are the chief offences against the State and against 10 individuals?

4. "Hire" in Roman Law is analogous to, but distinguishable from, 10 other contracts. Explain and define the contract of hire according to the Roman Law.

5. What control, if any, has the Governor-General over the various 10 legislative bodies of India ? What powers are given to subordinate legislative bodies in India?

THE LAW RELATING TO PERSONS, ETC.

SECOND PAPER.

Paper set by-C. E. GREY, Esq., B.A.

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate full marks.

FIRST HALF.

Examiner-BARADADAS BOSE, Esq.

1. What are the provisions against perpetuities in English Law, 12 Hindu Law and the Indian Succession Act?

2. Trace the history of testamentary succession among the Hindus. 10 How have English statutes affected this law?

3. Explain the following :

(i) Civil marriage.

(ii) Residuary legatee.

10

(iii) Onerous bequests.

(iv) Demonstrative legacy.

(v) Alimony.

4. What is the nature of the Coronation Oath, and what is the meaning of the phrase, "The King never dies" ?

8

5. What does Parliament consist of, and how are members qualified 10 to sit ? What is the meaning of adjournment, prorogation and disso

lution?

SECOND HALF.

Examiner-RAMANIKANTA DAs, Esq., B.A.

In 10.

1. Define Probate. When can a grant of probate be revoked? what cases can Letters of Administration be granted instead of Probate ? 2. What do you understand by Domicile, and how far is the 12 succession to a deceased person affected by domicile ?

་་

3. How much of his property can a Mahommedan dispose of by his 10 will? What are the principal rules governing the Mahommedan Law of Wills?

4. How is naturalization of aliens effected in England? Distinguish between natural allegiance and local allegiance.

5. "A father is the natural guardian of his children." What are the exceptions to this principle, and when may other guardians be appointed?

9

9

THE LAW OF PROPERTY, INCLUDING THE LAW RELATING TO LAND TENURES AND THE

ས

REVENUE LAWS.

THIRD PAPER,

Paper set by THE HON'BLE BABU JOGENDRACHANDRA GHOSE, M.A., B.L.

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate 'full marks.

FIRST HALF.

Examiner-BABU SIBCHANDRA PALIT, B.L.

1. State the grounds on which a revenue sale may be set aside. What tenures and interests are protected on a sale of an entire estate for its own arrears?

2. What lakheraj grants were recognized as valid by the Govern. ment under the Regulations ?

12

3. Who are dependant talookdars, Shikmi talookdars, and Khodkhast 10 raiyats? What were the rights of Khodkhast raiyats under the Regulations ?

4. Define and distinguish between Joint-Tenancy, Tenancy in Common, and Coparcenary.

12

5. Explain and illustrate the difference between a reversion and a remainder.

8

SECOND HALF.

Examiner-BABU SURENDRACHANDRA SEN, B.L.

1. Give a short account of the circumstances under which the Putni 12 Regulation was passed.

On what dates should sales under the Putni Law be applied for, and for what arrears can such sales be held ?

2. On what grounds may the money rent of an occupancy raiyat be 12 enhanced by suit? May the money rent of an occupancy raiyat be enhanced by contract? If so, subject to what limitations?

3.

Can a non-occupancy raiyat be ejected? If so, on what grounds? 4. What is meant by reformation on original site ? Who is entitled

10

8

to reformed laud when it is also an accretion to the land of an adjoining estate? Give reasons.

5. If land accretes to the holding of an occupancy raiyat, who is entitled to it, the landlord or the tenant? Give reasons.

THE LAW OF PROPERTY, INCLUDING THE LAWS OF TRANSFER, PRESCRIPTION AND PREEMPTION.

FOURTH PAPER.

Paper set by THE HON'BLE BABU JOGENDRACHANDRA GHOSE, M.A., B.L.

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate full marks.

FIRST HALF.

Examiner-BRAJENDRALAL MITRA, ESQ., M.A.

1. What is meant by the Marshalling of Securities? Illustrate by an example.

2. What is a mortgage by conditional sale? What is the effect of a deed of sale when there is a simultaneous oral agreement to reconvey the property on payment of the purchase money with interest? How is a mortgage by conditional sale enforced?

8

12

3. Easements are acquired when certain rights have been enjoyed 9 for a certain period peaceably, as of right and without interruption. Explain briefly what is meant by the words "peaceably, right," and "without interruption.

as of

4. What is the rule of law in India as to extinction of a debt and 9 right to immoveable property by lapse of time?

5. Under what circumstances, and upon what principle, does a 12 transfer by a benamdar pass a good title?

SECOND HALF.

Examiner-DR. PRIYANATH SEN, M.A., D.L.

1. May debutter property be validly sold under Hindu Law? If so, 10 under what circumstances.?

2. What is a valid Wakf under Muhammadan Law? Is a wakf 8 created for the maintenance of one's descendants valid ?

3. When an endowment is partly for a public charitable purpose and 12 partly for the benefit of descendants, is it enforceable? If so, how and to what extent (a) under the Hindu Law, and (b) under the Muhammadan Law?