3. Explain and illustrate the following maxim of Equity:

"Where there are equal equities the first in time shall prevail.”

4. Explain and illustrate the following maxim of Equity:

"Where there is equal equity the law must prevail."

5. What are the three instances, as given by Mr. Smith in his Manual of Equity, in which in an action to compel specific performance the plaintiff may make use of a parol variation of a written contract in a case where the contract is, by the Statute of Frauds, required to be in writing?

6. In what stage of an action can a perpetual injunction be granted?

7. What are the six cases or causes of action in which either plaintiff or defendant may insist upon the cause being tried with a jury?

8. Describe the distinction between a "Defence" and a" Counter-claim"?

9. What matters may be made the subject of a "Counter-claim" pleaded against the plaintiff alone? And what matters may be made the subject of a "Counter-claim" pleaded against the plaintiff and some third person not a party in the action in which the counter-claim is to be pleaded?

10. Under what circumstances is secondary evidence of the contents of a written document admissible?

11. What are the two classes of Special Damage?

12. What is the rule as to the reception of fresh evidence upon the Hearing of an Appeal?— (a) In an appeal against an interlocutory order. In an appeal against a final judgment.

(b)

ADVANCED SURVEYING.

FIRST PAPER.

The Board of Examiners.

1. Describe briefly in their proper order the various operations necessary both in the field and the office in order to locate, survey, level, and prepare all necessary plans and sections of a line of railway in a country similar to that extending from Melbourne to Ballarat. Illustrate your answer by specimen plans and sections, &c., drawn to scale.

2. The following levels were taken on a proposed line of main road:

Plot this section to a suitable scale. Show economical grades for a main road, having a ruling grade of 1 in 20. Fix water-way of bridge and culvert. Figure in formation levels, depth of cutting, height of bank, and other necessary particulars; and write a report, stating clearly and fully your reasons for the treatment adopted.

ADVANCED SURVEYING.

SECOND PAPER.

The Board of Examiners.

1. It is required to construct a delta or reversing triangle of 5 chains radius at a point when the main line is a curve of 20 chains radius. Make all preliminary calculations, and describe fully the operations necessary in order to set it out.

2. Explain fully how you would proceed in order to survey and compute capacity of a proposed storage reservoir.

3. What are the principal points to be kept in view in selecting a pipe-track for a scheme of domestic water supply?

4. What is meant by the hydraulic grade of a pipe? Show how to draw the hydraulic grade of a horizontal pipe of varying diameter, discharging freely at the end.

5. How would you proceed in order to make a map of a coast line from a vessel sailing along it?

6. Describe the construction and mode of adjusting and using the 12-inch theodolite.

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.

FIRST PAPER.

The Board of Examiners.

1. Describe fully the adjustments of the Transit and Y theodolites. State, giving your reasons, which you consider the more suitable for general survey work.

2. Show how to lay out, in heavily-timbered country, a circular curve of 20 chains radius connecting two straight lines which intersect so as to have deflection angle = 60°. Give all necessary calculations.

3. Describe the method of determining the true meridian with a theodolite provided with Saegmuller's solar attachment. What adjustments have to be made prior to using the attachment, and what precautions are necessary in its use?

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.

SECOND PAPER.

The Board of Examiners.

1. The following observations are taken in the field. with a theodolite, the place of observation being in Victoria :

Apparent altitude of a Canis Minor at culmination, 47° 32'.

Apparent altitude of a Eridani, 28° 14'. Horizontal angle subtended between a Eridani (which is on western portion of its orbit) and a referring lamp, easterly from the star, 32° 12′ 30′′.

Having given that the N.P. distances of the stars are 84° 29' and 148° 12′ respectively, determine the azimuth of the referring lamp from the point of observation.