2. State in effect the provisions of the Supreme Court rules as to entry of appearance to an action, dealing specially in your answer with the cases of (a) partners sued in the firm name; (b) action to recover land; and (c) infants. 3. State in effect the alterations in the procedure and in the powers of the Judge, upon a summons for final judgment, made by the new rules under the Judicature Act.

4. State in effect the provisions of Order XVIIIA. as to proceeding to trial without pleadings.

5. Who is a Receiver?

When, and by what procedure, is such an officer appointed?

6. Illustrate by examples the rule that the burden of proof rests upon the party, whether plaintiff or defendant, who substantially asserts the affirmative of the issue; and the exceptions (a) when there exists a disputable presumption of law in favour of a party; (b) when the subject-matter of a party's allegation is peculiarly within the knowledge of his opponent.

7. What are the modes of proving handwriting? 8. When may parol evidence be given of the contents of a written document? What facts must a plaintiff prove to make such evidence admissible, if the document when last seen was in the possession of

(a) The plaintiff?

(b) The defendant?

(c) A third person called as a witness?

(d) A third person who refuses to attend the Court.

9. In what cases (if any) may a Judge of the Supreme Court commit to prison a judgment debtor for the non-payment of a debt?

10. What matters may be referred to arbitration? How is the performance of the award enforced? What are the ordinary grounds on which the award may be set aside?

11. When and how can a valid distress for rent be effected? Does a distress become ineffectual by reason of the landlord, who has distrained upon the goods, leaving the premises and the goods therein, without any one to guard them?

12. Outline the procedure upon the hearing of an indictable offence with which a court of petty sessions has power to, and does, deal summarily.

EQUITY.

Mr. J. E. Mackey.

Candidates are not to answer more than Nine questions.

1. Distinguish express, implied, and constructive

trusts.

In what cases may a trustee sued for breach of trust successfully plead the Statute of Limitations? In your answer distinguish the case of an express and a constructive trustee.

In 1893 A was appointed trustee of a sum of £10,000 for the benefit of B for life, then for the benefit of C. In 1894 A wrongfully invested and lost £5,000 of the trust moneys. What at the present time are the rights of B and C respectively in regard to the lost moneys?

2. (a) A settlement authorizes trustees to invest in certain prescribed investments. Are the trustees justified in investing in (1) first mortgages of real estate; (2) debentures issued by the City of Melbourne, neither of which is prescribed in the settlement?

(b) A will authorizes trustees to invest in, amongst other things, the purchase of shares of incorporated banks. The trustees purchase shares in two incorporated banks, both of which subsequently go into liquidation, and the money so invested is lost. The trustees were guilty of negligence before purchasing the shares in not looking into the affairs of the banks, and the slightest inquiry would have made known to them that the banks were in an insolvent condition. Are the trustees liable to make good the loss to the trust estate ? Give the reasons for your

answer.

3. Testator gave his residuary estate to A, an infant, and directed his executor to invest it and accumulate the interest, and to pay the corpus and accumulated interest to A on his attaining the age of 24. No provision was made in the will for the maintenance of A.

(a) Can the income or corpus, or both, be made available for the maintenance of A during

his infancy? If so, to what extent, and by what procedure?

(b) If, on his attaining the age of 21, A is desirous of purchasing a partnership interest, is he entitled to be paid part of the corpus for this purpose ? Give the reasons for your

answer.

4. (a) What priorities must be observed by an executor in the payment of the debts of the testator?

(b) What is the law in Victoria as to an executor's right to prefer one creditor to another?

(c) What is the executor's right of retainer? On what principle was it founded? What is the law in Victoria on this subject?

5. What is the legal effect of a grant of probate to an executor as to (a) real estate, (b) personal estate ?

Testator dies in West Australia, leaving property in West Australia and Victoria, and having appointed X, a resident in West Australia, his executor. takes out probate in West Australia, and then writes to A in Victoria, requesting him, as his agent, to realise the real estate and collect the other assets in Victoria, and forward the proceeds to West Australia. The assets, and debts owing, in Victoria are both considerable. How would you advise A ?

6. Distinguish the doctrines of satisfaction and performance.

Explain, and give illustrations, of the different cases of satisfaction.

7. In what cases and on what principles will Equity grant relief against (a) the non-execution of a power, (b) the defective execution of a power?

A has a general power of appointment, and is about to execute it in favour of B, when he is suddenly called away, and then he dies before he can execute it. Has B any and what rights against those who take in default of appointment?

8. A becomes a partner of X and Y by fraud and misrepresentation on their part. What rights, if any, have creditors of the firm against A? What remedies has A against X and Y ?

9. In what circumstances will the Court decree specific performance of an oral contract for the sale of land?

By written contract, A agrees to sell, and B, an infant, agrees to buy, certain freehold land. B pays and A accepts the purchase-money. Subsequently A refuses to execute a conveyance. What are the rights of B? Give the reasons for your answer.

10. What are the leading rules for determining whether a sum agreed to be paid on breach of a stipulation is to be construed as a penalty, or as liquidated damages. Mention the principles upon which the rules are based.

A contract for the sale of land contained the condition" If the purchaser shall not duly pay the promissory notes given in part payment of the purchase-money, or any of them, his deposit