4. What are the powers of the trustee of an insolvent estate subject to the Insolvency Act 1890 to deal with a mortgage of real estate of which the insolvent is the mortgagor?

5. Explain and illustrate the maxim that where there are equal equities the first in time shall prevail.

6. Write a short comment on the formalities required by the Statute of Frauds, section 7, in the creation of a trust of freehold real estate.

A conveys a freehold estate to B for a nominal consideration of £400, that B being in better credit than A, a loan on mortgage of the estate might be obtained for A. B died shortly afterwards before any money was raised on mortgage, leaving a will executed subsequently to the conveyance, by which B made a general devise of all his real estate. The alleged purchase money was not paid by B to A. Give your opinion on the question whether A is entitled to any and what relief against B's devisees.

7. An executor, in pursuance of the directions contained in the testator's will, carried on the testator's business. The business was carried on in the executor's own name, and the testator's assets employed in the business were ostensibly the executor's own property. The executor having contracted a debt in the business, give your opinion whether the creditor having obtained judgment against the executor, can take in execution the testator's assets.

8. The executor, in the last preceding question, surrendered a lease belonging to the testator of the premises in which the latter had carried on

K

his business, and took a renewed lease, including additional property, and at an increased rent, in his own name. He afterwards deposited the lease as security for money advanced to him, which he applied to his own purposes. The renewed lease contained no mention of the surrender, and the mortgagee did not know that the borrower was an executor, or that he was not the beneficial owner of the lease. He did not, however, make any enquiry into the title. Give your opinion whether the mortgagee under these circumstances is entitled to hold the lease as against an infant beneficiary under the testator's will to whom the testator's real and personal estate had been devised and bequeathed.

9. Discuss and illustrate the maxim "delegatus non potest delegare" with reference to trustees. What exceptions to this rule have been made by the Trusts Act 1896 ?

10. What degree of diligence does the law require of a trustee in the execution of his office? To what limitations is this rule subject in the investment of trust monies? What enquiries should be made on behalf of a trustee proposing to lend trust money on mortgage of real estate prior to making the advance?

11. State the rules which regulate the control of the Court, over the exercise by trustees of special powers contained in the instrument creating the

trust.

Express your opinion as to whether the following actions are maintainable, and what (if any) relief should be given in each :

(a) A testatrix gave £1,000 to A upon a condition precedent, but left "her executor at liberty to give the said sum if he found the thing proper," though the condition should not have been performed. A applied for the money, but the executor had not thought right to comply with the request. A afterwards died without having fulfilled the condition, and his personal representative brought an action to recover the legacy. (b) Settlor by a trust deed directed the trustees to give the residue of the real and personal estate among the settlor's relations where they should see most necessity, and as they should think most equitable and just. Two of the trustees died, and the third refused to act. One of the settlor's relations brought an action for the execution of the trust.

12. A husband covenanted in a marriage settlement, that in the event of his death leaving his wife surviving and children, she should have conveyed, paid, and assigned to her, within six months after his decease, one full clear moiety of all such real and personal estate, as he should be seised and possessed of or entitled to, at the time of his decease. The husband having pre-deceased his wife intestate, to how much of his personal estate would the widow be entitled ?

13. A and B being partners in trade, A dies leaving a will appointing C executor, and of which C obtained probate. D, a creditor of the partnership, brings an action and obtains judgment for the administration of A's estate. Draw the minutes of the judgment to which in your opinion ID is entitled. Whom would you make parties to the action?

14. Discuss the question as to what degree of negligence on the part of a legal mortgagee will postpone him to a subsequent equitable mortgagee, with whom the mortgagor, to get a further loan, has deposited the title deeds obtained from the legal mortgagee.

15. When will a Court of Equity give relief in cases of the defective execution of powers?

Give your opinion as to whether any relief would be given in the case following:

Testator devised to his wife several houses, but made no further gift to her. He then proceeded "I farther empower my wife to give away at her death £1,000; £100 of it to E. Turner; £100 to Mr. Bennett; the other £800 to be disposed of by her by will."

Then he gave certain monies and securities to his two sisters for their lives, and provided that his legatees were to take nothing until after the Ideath of his wife and two sisters. The residue was given to two other persons. The wife died without making any disposition of the whole of this £1,000 or any part of it. An action was brought by E. Turner against the wife's executor claiming the £100 which she had the power to leave to her.

16. State the rules which regulate as between debtor and creditor the appropriation of payments.

If a debtor be indebted on three promissory notes, two of which are barred and one not barred by the Statute of Limitations, and a payment be made generally without express appropriation, how will the payment be appropriated according to law?

MENSURATION AND DRAWING.

The Board of Examiners.

1. Deduce the formula for the area of a sphere.

2. Describe fully the following drawing instruments, pointing out the advantages and disadvantages of the different constructions, and describe the methods of using them:-Drawing pen, divider, compasses.

3. What is the weight of a cast-iron water main 1 mile long consisting of pipes 12 inches internal diameter and inch thick? Allow 4% for weight of sockets.

4. The base of the Great Pyramid was originally 765 feet square and the height 480 feet. The outer casing, 9 feet thick, was made of limestone, covering an interior mass of cheaper material. What is the volume in cubic yards—

(a) Of the whole Pyramid?

(b) Of the limestone casing?

5. A water supply channel 1 mile long has an average depth of 4 feet. The bottom width is 5 feet and side slopes 2 to 1. When running under the conditions for which it is designed it is filled to a depth of 2 feet, the mean velocity being 2 feet per second. What is the total cost of excavating the channel at 5d. per cube yard, and the total discharge in gallons per day?