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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 erecutory.(6) A “Trust executed."

4. State the Rules of Equity which govern the Court

as to the enforcement of “voluntury trusts” as distinguished from Trusts for valuable con. sideration."

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 agree

ments respecting land, what acts does Equity treat as Part Performance" ?

7. Explain the maxim, “ Audi alteram partem.

8. Explain the maxim, “ Cursus Curiæ est lêx Curie."

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 ?

(6) A British subject ? 10. In what classes of cases are the following remedies

applicable: (a) Quo Warranto ? (6) Mandamus? (Prerogative). (c) Prohibition ?

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 meri

dian 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 bill 1,100 feet, slope 30, average temperature of measuring tape 70°; from summit of hill to finishing point 1,600 feet, slope 4°, average temperature of chain 84? Assuming that the chain is correct at 62°, and that the co-efficient of expansion for one degree Fahr. is .0000077, determine correct length of line.

2. From the figure shown, cut off an area at the

western end of 30 acres by a line bearing N. 45° E.

[blocks in formation]

3. From the information shown on diagram, calculate

the lengths of opposite side of road, also distance and bearing of opposite angles. Road one chain wide.

340°

0001 011

70 1500

0081 077

60° 800

180°

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