THE DOCTRINES OF EQUITY AND THE GENERAL PRINCIPLES OF PROCEDURE. The Board of Examiners. 1. Explain and illustrate the maxim, "Equity looks to the intent rather than to the form.' 2. Explain and illustrate the maxim, "Equity imputes an intention to fulfil an obligation." 3. Define, and explain the distinction between(a) A "Trust executory." (b) A "Trust executed." 4. State the Rules of Equity which govern the Court as to the enforcement of "voluntary trusts" as distinguished from "Trusts for valuable consideration." 5. State the exception to the general rule in Equity that the Court will not decree Specific Performance of agreements respecting personal chattels. 6. In actions to compel Specific Performance of agreements respecting land, what acts does Equity "Part Performance"? treat as 7. Explain the maxim, “ Audi alteram partem.” 8. Explain the maxim, "Cursus Curiæ est lêx Curiæ." 9. In an action in which the Supreme Court has jurisdiction, but in which action the defendant is resident in a foreign jurisdiction, what is the mode of proceeding in the case of (a) An alien ? (b) A British subject? 10. In what classes of cases are the following remedies applicable: 11. In an application for a new trial of an action upon the ground of the "misdirection" or of the "improper admission or rejection of evidence," what is the main principle which, under the judicature rules, should now govern the Court in granting or refusing a new trial ? 12. If a judge at the trial of a presentment in a criminal case refuse the request of the counsel of the accused to reserve a question of law raised at the trial for the opinion of the Full Court, what, if any, remedy has the accused person after conviction by the jury? SURVEYING, LEVELLING, MENSURATION, AND DRAWING. FIRST PAPEr. The Board of Examiners. 1. Describe fully the adjustments of the following instruments, giving the reasons for same (a) The Transit Theodolite, (b) The Dumpy Level, (c) The Sextant. NOTE. This question must be answered fully. 2. Discuss the methods of determining the true meridian that you are acquainted with. 3. Describe fully the methods adopted in connecting the surveys of surface and underground workings in a mine. SURVEYING, LEVELLING, MENSURATION, AND DRAWING. SECOND PAPER. The Board of Examiners. 1. A line as chained on slope between two points passes over the summit of a hill. The measurements recorded are as follows:-From starting point to summit of hill 1,100 feet, slope 3°, average temperature of measuring tape 70°; from summit of hill to finishing point 1,600 feet, slope 4°, average temperature of chain 84° |