'insolvent who has obtained a release of his estate from sequestration

(a) As regards his liability to debts owing by him at the time of the sequestration;

(b) As regards property belonging to him at the time of the sequestration, or acquired by him before obtaining the certificate or release;

(c) As regards property acquired by him after obtaining the certificate or release?

THE LAW OF OBLIGATIONS.

The Board of Examiners.

Wherever possible, give the reasons for your answer.

1. A, being a member of a partnership firm consisting of A, B, and C, verbally agreed with B and C to guarantee his partners against loss in respect of an existing debt due to it from his son. A died, having by his will given a share of the estate to his son's wife and children, and after referring to his son's indebtedness to the firm, and stating that "he had guaranteed" the firm against loss in respect of the debt, he directed that the amount of the debt should be brought into hotchpot in ascertaining the share given by the will. By a codicil he confirmed the guarantee mentioned in the will. His executors were sued on the guarantee, and relied on the 4th section of the Statute of Frauds. Give your opinion as to the result of the action.

2. A, having entered into a contract with B, voluntarily sequestrates his estate before the contract is completely performed on either side, and Cis appointed trustee. What are the rights and liabilities of A and B, and of C as such trustee?

3. State and illustrate the rules relating to the "locus pœnitentiæ " in cases of illegal contracts.

4. Summarise the statutory provisions shewing how lapse of time affects the rights of parties to

contracts.

5. Summarise the rules relating to the interests and duties of partners inter se in the absence of special agreement.

6. State shortly the rules relating to the liability of the husband for debts of the wife contracted whilst they are living apart.

7. The holder, in due course, of a bill of exchange indorses it to another person without consideration, and merely for the purpose of enabling the latter to sue upon it on his, the indorser's, behalf. Assuming the above facts are proved, would they constitute a good defence to an action by the indorsee against the acceptor?

8. What is known as the Memorandum in an ordinary policy of Marine Insurance ? Explain the meaning of the terms General Average and Particular Average.

9. In an action on a Guarantee the defendant pleaded that after it was given to the plaintiff it was altered in a material particular by some person to the defendant unknown, without his consent, by affixing a seal so as to make it appear to be the deed of the defendant. Assuming the facts stated in the plea to be correct, would the defendant have a good defence to the action?

10. In what cases is an agent or a person purporting to act as agent entitled to bring actions against third persons upon contracts to which they are parties?

11. A, the registered holder of shares in a limited company, agrees in writing to sell them to B, and receives the purchase money for them, but the directors, acting in pursuance of a power given by the Articles of Association, refuse to take A's name off the register in respect of the shares. Discuss the position of A and B, and state their rights and liabilities.

12. Discuss shortly the historical connection between Contracts and Quasi-Contracts.

ADVANCED SURVEYING.

SECOND PAPER.

The Board of Examiners.

1. Quote and comment upon Wellington's criticism of the helical tunnels of the St. Gothard Railway.

2. A pipe fed from a reservoir of still water divides into two branches of different lengths and diameters, and terminating at different levels. How would you compute the discharge and draw the hydraulic grade of each branch?

3. Under what conditions does a pipe conveying water suck down air at its inlet? What effect has this on the discharge of the pipe?

4. A stream of water is flowing over a narrow-crested rectangular weir 3 feet wide, the depth from still water to the crest being 12 inches. What is the discharge when the level of tail water is below the weir crest, full contraction being allowed? Q: = c } (2gh) hl.

Use your own judgment as to the value of c.

5. Discuss methods of determining accurately the position of a boat at sea by observations to known points on shore.

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.

FIRST PAPER.

The Board of Examiners.

1. Describe fully the construction and adjustments of a Transit theodolite. What precautions would you take in selecting one?

2. Show how to lay out a curve of 40 chains radius connecting two straight lines whose difference in azimuth is 21° 16'. Assuming that the chainage of the first tangent point is 3 miles 42 chains 55 links, give all calculations necessary for determining chainages of secant and second tangent points, and also for fixing pegs at even chainages round the curve.

3. Describe fully the construction and adjustments of

the sextant.

SURVEYING, LEVELLING, MENSURATION,

AND DRAWING.

SECOND PAPER.

The Board of Examiners.

1. The following observations were taken in the field on 30th June, 1893, with a theodolite, the place of observation being in Victoria.

true azimuth of referring lamp:

Determine

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′′.