BENCRAFT v. THE MAYOR &c. OF SOUTH MELBOURNE13 VLR 1
Local Government — Act No. 506, s. 6 — Appointment of newspaper by council for advertisements.
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Cases reported in this volume of the Victorian Reports
Local Government — Act No. 506, s. 6 — Appointment of newspaper by council for advertisements.
Transfer of Land Statute — S. 106 — Purchaser at sheriff's sale — Entry of transfer — Rights of equitable mortgagee — Practice — Argument on points of law before trial of issues of fact — Ord. XXV., r. 9 — Points not raised on pleadings — Right to begin.
Justices of the Peace — Act No. 267, secs. 89, 109 — Adjournment of examination — "Remand" — Practice — Mandamus.
County Court — Tenure of judges — Administration of Justice Act 1885, s. 5 — Seventy years of age — Order-in-Council calling on judge to retire — Notice.
Police Offences Statute, s. 17, sub-s. (1) — Obstructing watercourse, &c. — Meaning of works mentioned in sub-s. (1).
Negligence — Evidence of subsequent accidents — Contributory negligence.
Public Health — Act No. 782, ss. 91, 92 — "Noxious trades" — Registration — "Established or newly carried on."
Fraud summons — Acts No. 284, ss. 1, 2, and 3; and No. 292, ss. 1 and 2 — Justices of the Peace Statute 1865, s. 41 — Justices of the Peace Act 1885, s. 2 — Order of justices — Offence — Jurisdiction of justices — Imprisonment for disobedience of order.
County Court Statute 1869 — Delivery of judgment — Jurisdiction of judge to deliver judgment out of court.
Local Government — Act No. 506, s. 416 — Rate or tax on land — Expense of paving footpath in front of land — Exemption of Melbourne Harbor Trust under Act No. 552, s. 56.
Public Health — Act No. 782, s. 102 — Order of board declaring premises unfit for habitation — Form of — Right of owner of premises to be heard against such order.
Pounds Act 1874 — Ss. 14, 17, 19, 33 (iii.) — Illegal impounding — Trespass rates — Practice — Act No. 565, s. 10 — Affidavits of justices.
Justices of the Peace — Act No. 565, s. 17 — Amendment of order of justices — Time in which amendment may be made.
Solicitor — Admission to practice — Reg.-Gen. 21st May 1885, r. 25 — 25th June 1886 — Solicitor admitted in Tasmania on the qualification of his admission in Fiji — Admission in Victoria.
Contract of insurance — Warranty that a caretaker should be kept in charge of premises — Meaning of — Pleading — Ord. XIX., r. 5 — Costs — When allowed on higher scale.
Local Government — Act No. 506 — Injunction — To restrain Shire Council from meeting at a place improperly appointed — Judicature Act, s. 9, subs. 8 — Power of Court to grant injunctions — Practice — Summons for interlocutory injunction.
Local Government — Act No. 506 — Ss. 512-516 — Breach of by-law of local concern — Who should prosecute — Police constable — Act No. 571, s. 1 — Grounds for Order to prohibit.
Partnership — Illegal purpose — Betting — Pleading illegality — Executor of partner in same position as his testator as to costs where defence unsuccessful.
Transfer of Land Statute, ss. 37 & 42 — Transfer — Notice of outstanding equitable interest — Registration of transfer.
Real Property Statute 1864, s. 150 — Locke King's Act — Devise of mortgaged lands — Direction to pay debts out of personal estate — Gift of personal estate subject to payment of debts — "Contrary or other intention."
Company — Winding-up — Practice — Companies Statute 1864 — Ss. 124, 130, &c. — Winding-up under supervision — Removal and appointment of liquidators — Summons in Chambers — Liquidators having claims adverse to company — "Due cause shown."
Company — Winding-up — Companies Statute 1864, ss. 84, 106, 110 — Ex parte application by liquidator for examination of officers of company — Evidence taken by commissioners of insolvent estates or judges of county court — Practice.
Practice — Supreme Court — Transfer of Land Statute, ss. 116, 117 — Caveat — County Court Statute 1869, s. 100 (iii. & viii.) — County court jurisdiction — Costs.
Trustee — Bare legal trust — Executor — Sale to beneficiary — Subsequent purchase on behalf of executor from representative of beneficiary — Breach of trust.
Settled estates — Sale — Investment of proceeds — Real Property Statute 1864, s. 101 — First mortgage of real estate.
Practice — Supreme Court — Order XLI., r. 5 — Order directing payment into Court of money in hands of administrator — No time specified — Subsequent motion for order to pay within a given time — Costs.
Will — Construction — Trust for maintenance education and support of children — Application of income to maintenance, &c., after children come of age.
Practice — Appeal to Privy Council — 15 Vict., No. 10, ss. 32, 33 and 34 — Order-in-Council, 9th June 1860 — Reg. Gen. Supreme Court, 15th August 1876 — Motion to rescind Order for leave to appeal.
Licensing Act 1885, ss. 18 and 36 — New publichouse — Dimensions of bedrooms.
Justices of the Peace — Act No. 565; s. 33 — Parties in summary prosecution at Petty Sessions for assault — Appeal to General Sessions — Costs where respondent does not appear.
Factories and Shops Act 1885 — S. 29 — Liability of individual member of firm — Liability of master for unlawful act of servant.
Public Health — Act No. 782, ss. 99, 157 — Nuisance — "Act, default, or sufferance."
Pounds Act 1874, ss. 19, 28, 29, & 33 (iii. & viii.) — Illegal impounding — Non-compliance with directions as to memorandum.
Appeal — County court — Nonsuit — Agent — Right to commission.
Evidence — Larceny — Identity of articles found with prisoner with goods alleged to have been stolen — Similarity.
Practice — Probate — Act No. 842, ss. 5 and 6 — Appointment of company by administrator to act in his stead — Letters of administration not issued.
Practice — Probate — Administration — Reg. Gen. 23rd June 1873, r. 5 — Search for Will — Administration d. b. n. — Statement of value of estate — Deed of release — Evidence to impeach deed.
Insolvency Statute 1871, s. 42 — Sequestration of deceased person's estate — Act of insolvency — Refusal of petition.
Insolvency Statute 1871, s. 44 — Order nisi — Personal service on a person out of the jurisdiction — Substituted service.
Practice — Administration to attorney-under-power of foreign administrator — Form of Order.
Practice — Probate — Executors' commission — Application within eight months — Entitling affidavits "In the Supreme Court."
Practice — Administration c.t.a. — Persons to whom granted — Male preferred to female — Priority of application — Majority of interests.
Insolvency Statute 1871 — Ss. 23, 37 (i) — Petition signed by one partner in name of firm — Partners' names not appearing on face of Order nisi — Act of insolvency — Deed of assignment providing for preferential payments in same way as under sequestration — Practice — Amendment of errors in Order nisi at hearing, after close of petitioner's case — Appeal — Application that debtor should give security for costs of appeal — Delay.
Practice — Probate — Order nisi under Act No. 427, s. 30 — Test of sufficiency of materials — Name and residence of executor stated only in introductory part of affidavit — Supreme Court Rules of 23rd June 1873, r. 4 — Appeal from primary judge on probate matters — Procedure — Judicature Act, s. 2 — Ord. LXVIII, r. 1.
Insolvency Statute 1871, s. 37 (viii) — Order nisi — Filing objections nunc pro tunc — Delay — Costs — Failure to satisfy judgment — Demand — Intimation of insolvency proceedings following a failure to pay — Reasonable time between demand and Order nisi — Proceeding instituted by creditor.
Insolvency Statute 1871, ss. 12, 20, 133 — Appeal — Deposit of 20l. as security for costs — Into what court to be paid — Insolvent out of jurisdiction — Examination of insolvent — Summons to attend served out of jurisdiction — Warrant for arrest.
Administration — Act No. 842, ss. 5 and 6 — Consent of Court to appointment of Trustees &c. Coy. by administrator to perform the duties of administrator — Appointment of company by attorney-under-power of foreign administrator — Consent of foreign administrator.
Marriage and Matrimonial Causes Statute 1864, s. 70 — Adultery by petitioner — Condonation by respondent not pleaded — Discretionary bars — Palliating circumstances.
Insolvency Statute 1871, s. 37 (viii) — Act of insolvency — Failure to satisfy judgment — Order nisi not stating nature of debt, or that proceeding was "instituted" by creditor, or amount of judgment, or bailiwick of sheriff to whom writ of fi. fa. directed.
Marriage and Matrimonial Causes Statute 1864, s. 70 — Petition by husband — Adultery of wife — Wilful neglect or misconduct of petitioner conducing to the adultery — Mistaken but well intentioned conduct of husband conducing to the adultery of his wife.
Dissolution of marriage — Evidence — Admission of adultery by husband.
Probate — Appointment of executors — Person to act conjointly with executors.
Appeal — Privy Council — Security for costs of appeal — Lapse of Order giving leave to appeal on expiration of three months without security being perfected — Order in Council of 9th June, 1860.
Transfer of Land Statute, s. 36 — Instrument — Creation of easement — Attorney under power — Effect of registration.
Practice — Order XXXVI., rr. 32 and 33 — No appearance for plaintiff — Action dismissed — Motion to reinstate case in list.
Insolvency Statute 1871, s. 77 — Insolvency of plaintiff — Application for stay of proceedings — Actions which insolvent may continue in his own name.
Local Government — Act No. 506, ss. 376, 377, 403, 405, 413 — Power in shires to alter level of roads — Interference with private rights, in the exercise of statutory powers.
Practice — Crown Remedies and Liability Statute 1865, s. 11 — Power of defendant to interrogate the Queen or her officers.
Local Government — Act No. 506, s. 273 — Notice of appeal — Adjournment of Petty Sessions — Jurisdiction of justices.
Life Assurance — Act No. 474, s. 37 — Policy of assurance — Bequest in Will of assured of all his property in trust for payment of his debts — Operation on moneys payable under policy.
Public Health — Act No. 782, s. 93 — Carrying on noxious trade so as to be a nuisance — Appointment of health officer — Evidence — Seal of shire council — Local Board of Health — Practice — Justices of the Peace Statute 1865, ss. 69, 73 — Power of justices to amend summons — Adjournment.
Easement — Servitude by parol license or agreement — Excess — Nuisance — Mode of abatement — Total removal of servitude.
Public Health — Act No. 782 ss. 91, 92 — "Piggery," meaning of.
Imprisonment for Debt — Act No. 284, ss. 3, 7 — Insolvency Statute 1871, s. 76 — Application for discharge of prisoner — "Special circumstances" — Subsequent insolvency of debtor — Absence of objection on part of judgment creditor.
Limitations — Adverse possession — Breach of continuity of adverse possession by constructive possession reverting to the holder of title before the expiration of statutory period.
Appeal — County Court — Administration of Justice Act 1885, s. 8 — Practice — Notice to produce — Reasonable notice — Interference with discretion of judge — Form of order for rehearing.
Master and servant — Injury to servant through defective machinery — Contributory negligence — Liability of employer — Employers' Liability Act 1886, ss. 3 & 4.
Evidence — Burglary — Evidence of breaking — Inference.
Lunatic domiciled abroad — Found lunatic by inquisition under Court of domicile — Lunacy Statute, sec. 3 — Real and personal property in Victoria — Jurisdiction of Court — Discretion of Court — Powers of foreign committee — Appointment by Court here of foreign committee.
Practice — Want of parties — Time to take objection — Costs.
Mining on Private Property — Act No. 796, ss. 4, 16, 17, 18, 19, 31 — Assessing amount of compensation — Jurisdiction of warden to state special case — Up to what time case may be stated — Leases granted under Act — Right of renewal — Prospective value of land during currency of lease.
Mining Lease — Warden's Court — Summons for illegal occupation of Crown lands — Lease granted to manager as representative of company — Death of lessee before execution — No permission granted to other persons to execute — Personal representatives of lessee — Parties.
Vendor and purchaser — Purchaser let into possession of substantial excess over quantity of land correctly described, paid for, and conveyed — Excess brought under Transfer of Land Statute along with land conveyed — Right of vendor to value of excess — Compensation clause in contract — Transfer of Land Statute, s. 144.
Guardian of person — Married woman.
Insolvency Statute 1871, s. 157 (ii) — Charge of making "gift delivery and transfer" of property with intent to defraud creditors — Evidence as to other property than that specified — Practice — Act No. 502, s. 37 — Criminal trial — Formal defect on face of presentment — Time for taking objection.
Negligence — Gratuitous carriage, of passengers — Condition that passenger travels at his own risk — Injuries received on railway platform after journey was over — Notice of condition.
Specific performance — Contract for sale of land — Mistake of vendor's agent — Mutual mistake — Option to purchaser of insisting on performance of contract with an alteration.
Lunacy Statute, ss. 106, 135, 180 — Report of Master allowing commission to committee without an order of the Court.
Will — Construction — Vested interest — Clause divesting on death of beneficiary "before receiving payment."
Mining Statute 1865, ss. 71, 72, and 73 — Mining by-laws — Ultra vires — Proceedings for forfeiture of mining claim for breach of by-laws — Champerty — Suspension certificate.
Trustee — Services — Remuneration — Husband of trustee — Unauthorised purchase — Money borrowed to complete purchase — Interest on money borrowed — Money borrowed for repairs — Interest.
Real and personal property — Perishable property — Bank shares — Mining shares — Devise to tenant for life with remainder over — Tenant for life not entitled to take in specie — Conversion and investment.
Damages — Measure — Conversion of mining scrip deposited as security — Time at which value to be taken.
Costs — Judicature Rules, Appendix N — Taxation of costs — Country firm of solicitors — Town agents — Partnership — Travelling expenses.
Costs — Order LXV., r. 1 — Judge without a jury — Successful plaintiff ordered to pay costs.
Sale by auction — Warranty by vendor — Breach — Action by auctioneer upon cheque given for purchase-money — Partial failure of consideration — Counter-claim against auctioneer for breach of warranty.
Negligence — Contributory negligence — Carrier of passengers — Driving on after stoppage without looking whether passenger was in the act of alighting.
Evidence — Disappearance for seven years — Presumption of death — At what time — Practice — Inquiry as to next-of-kin — Evidence of member of family on question of pedigree — Non-corroboration — Interested witness.
Will — Construction — Words importing contingency — "In the event of her death."
Transfer of Land Statute, s. 138 (iv) — Fraud of person not the owner bringing land under Act in his own name — Ejectment — Cancellation of certificate of title — Execution of transfer to rightful owner — Expenses of bringing land under Act — Mesne profits.
Evidence — Confessions and admissions elicited from prisoner after arrest — Admissibility — Statute of Evidence, s. 57.
Landlord and tenant — Lease — Tenancy terminable by a month's notice, but to continue for one year at least — Nature of tenancy — Landlord and Tenant Statute 1864, ss. 91, 96, 97 — Action for improperly obtaining warrant of possession — Warrant granted, but not issued — Practice — Right to rebutting case, where the defendant sets up new agreement of tenancy.
Vendor and purchaser — Plan of subdivision referred to in contract of sale for position and dimensions of lot sold — Evidence — Admissibility of such plan to show other representations made to purchaser — Fixtures — Marble vases attached to pedestals fixed in the soil.
Transfer of Land Statute, s. 117 — Removal of caveat — Practice — By whom summons to be signed — Affidavit when to be filed.
Statute of Frauds — Interest in land — Agreement not to distrain.
Melbourne Tramway and Omnibus Company's Act 1883, schedule 4, clause 14 (6) — Form of security for performance of conditions of lease — Meaning of "chargeable."
Rules of the Supreme Court 1884 — Appendix K, Form No. 24 — Construction — Inconsistent provisions in Rules.
Abortion — Criminal Law and Practice Statute 1864, sec. 56 — Supplying drugs with intent that they should be used to procure abortion — Pretence by persons seeking such drugs, as to existence of woman on whom they were to be used.
Costs — Action by purchaser for specific performance of contract for sale of land — Unpaid vendor — Lien on land — Costs of taking accounts.
Evidence — Admissibility of secondary evidence of pound fees, &c., painted on board erected in pound — Pounds Act 1874, ss, 11, 17, 22, 30.
Vaccination — Compulsory Vaccination Act, ss. 7, 14, 17 — Vaccination performed by unqualified person — Certificate of medical practitioner.
Licensing Act 1885, s. 35 — Having beneficial interest in more than one victualler's license — Sale by holder of one licensed house of all his interest therein, and subsequent purchase of a second licensed house before transfer of first license — Conviction during interval and before transfer of second license.
Local Government — Act No. 506, ss. 440, 485 — Construction of sewer — Removal of lateral support of soil of adjoining house — Twenty years' enjoyment of such support — Absence of negligence.
Contempt of Court — Carrying on noisy trade in neighbourhood of Court so as to obstruct proceedings of Court after service of order by presiding judge to desist — Jurisdiction to make such order.
Protection of Animals Act 1881, sec. 7 — Neglect to provide proper and sufficient shelter — Evidence — Deep mud in place of confinement.
Practice — Insolvency — Cancellation of stamp — Duty of officer cancelling — Presumption of cancellation immediately on signing document to which stamp affixed — Evidence — Res inter alios — Reception of evidence — Securities — Promissory notes — Valuing securities — Order nisi granted on insufficient materials — Hearing — Practice on taxation of costs — Vacating judgment by default entered too soon — Fresh certificate of taxation.
Practice — Probate — Administration Act 1872, s. 28 — Administration Bond — Assignment — "On being satisfied" — Prim facie case.
Marriage and Matrimonial Causes Statute 1864 — S. 62 — Dissolution of marriage — Desertion — Support — Society of husband.
Practice — Probate — Administration Act 1872, ss. 30 & 31 — Caveat — Caveator dead — Solicitor whose address for service given, dead — Order nisi — Service.
Probate — Testamentary capacity — Intention of testator — Will made in articulo mortis — Consistency with previous dispositions and previously expressed intentions — Exercise of discriminating judgment — Onus of proof.
Practice — Probate — Executor's commission — Business of testator carried on by executors under authority of Will — Unrealised corpus of station property — Gross proceeds of carrying on station business.
English Bankruptcy Act 1883, s. 118 — Aid sought of Colonial Court — Order seeking aid — Specification of matters as to which aid required — "British Court."
Local Government — Act No. 506, s. 6 — Appointment of newspaper by council for advertisements.
Insolvency Statute 1865, ss. 101 & 105 — Certificate of discharge — Confirmation — Death of Commissioner granting certificate — Insolvency Statute 1871, s. 149 — Fresh application for certificate.
Probate — Two Wills — Revocation of Will — Revival of revoked Will — Inconsistent Wills — Form of grant.
Practice — Probate — Commission to trustees — Summary order to pass accounts — Jurisdiction.
Local Government — Act No. 506, ss. 153, 156, 166, and 246 — Bye-law of Shire Council — What bye-laws impeachable — Ultra vires — Resolution — Revocation of, by bye-law — Two-thirds majority — Appointment of place of business.
Local Government — Act No. 506 s. 399 — Duty of Shire Council to keep roads open — Mandamus — Doubt as to legal existence of road.
Malicious prosecution — Province of judge and jury — Reasonable and probable cause — Belief — Evidence.
Contract for sale of goods — Construction — To be shipped in different months — Divisible contract — Treatment of, by parties as a whole — Practice — Amendment asked for too late — Province of judge and jury — Not accepting verdict against evidence all one way — Answer by jury to irrelevant question.
Practice — Orders XLIV. r. 2, LII. rr. 4 & 5, LVIII. rr. 8 & 15 — Application for order for attachment for disobedience of a prohibitory order — Two days notice of motion — Personal service though solicitor on record — Grounds of motion — Order refusing attachment — Appeal set down before order drawn up — Special circumstances — Construction of consent order.
Practice — Action on foreign judgment — Pleading — Order XXV., r. 4 — Writ setting out form of foreign judgment — Summons to strike out statement of claim.
Friendly Societies — Act No. 590 — Rules of Friendly Society — "Certified" — Acknowledgment of registry — Branch or lodge — Property of lodge ceasing to exist.
Married Women's Property — Separate estate — No trustee interposed — Husband a trustee — Remuneration for managing wife's business.
Will — Construction — Absolute gift of income — No gift of corpus — Gift over — Restraint on alienation — Gift to institution under wrong name — Falsa demonstratio.
Voluntary settlement — 27 Eliz. c. 4 — Subsequent purchase for value with notice — Rights of parties entitled in remainder under settlement, who have married in consideration of their interest thereunder.
Practice — Attachment — Order XLIV, r. 2. — Notice — Companies Statute 1864, s. 155.
Practice — Special case — Administration of Justice Act 1885, s. 9 — Specific questions to be stated.
Rabbit Suppression Act 1880, sec. 5 — Appointment of assistant of inspector.
Trades' Hall — Power of trustees over funds — Financial trustees appointed by them — Committee appointed by trustees for management of the society — Revocation of such appointment — Outstanding liabilities of committee — Right to deal with funds.
Watercourse — Natural stream of water — Definition of.
Infant — Liability for misrepresentation.
Appeal — To Privy Council — Orders in Council — Matters at issue, question of costs only — Vendor and purchaser — Whether unpaid vendor of land is in the position of mortgagee as to costs, in a suit by purchaser for accounts.
Practice — Ord. LVIII, r. 15 — Security for costs of appeal — "Special circumstances" — Poverty of appellant.
Justices of the Peace — Act No. 565, s. 13 — Court more easy of access to complainant — Power of justices of such court to remand case to another court — Writ of mandamus — Jurisdiction of Full Court.
Masters and Servants Statute 1864 — Sec. 11 — Misconduct — Refusal to work.
Justices of the Peace — Act No. 267, s. 107 — Certificate of dismissal — Proof of dismissal on merits — Res judicata.
Imprisonment for debt — Act No. 284 — Order for imprisonment of debtor for non-attendance — Proof of debt unnecessary.
Mining — Residence area — Registration — Second taking up, and registration before cancellation of first — Right to occupation — Act No. 709, s. 7 — Act No. 291, s. 5.
Statute of Frauds — Interest in land — Part performance — Tenant put into possession of land under parol agreement, and afterwards abandoning it — Action by landlord to recover damages.
Rabbit Suppression Act 1884, s. 15 — "Any subsequent neglect" — Conviction — Fresh notice necessary to constitute subsequent offence.
Witness — Privilege against civil action in respect of perjury — Money fraudulently obtained under legal process — Recovery of, before judgment or order set aside.
County Court Statute 1869, s. 54 — County Court Rules 1881, r. 116. — Claim for one cause of action only — Effect of payment into court as to part of claim, with denial of residue.
Transfer of Land Statute, s. 153 — False declaration made "in pursuance of the Act." — Fraudulently procuring certificate of title — Evidence.
Trade Marks — Act No. 901, sec. 2 — Wrapper or pamphlet — Fraud — Infringement of right — Injunction — Misrepresentation by plaintiff.
Limitations — Adverse possession — Evidence — Payment of rates — Advance by bank on deposit of deeds contrary to Act of incorporation — Validity of subsequent conveyance to bank in satisfaction of debt.
Transfer of Land Statute, s. 106 — Unregistered interest in land registered under the Act — Mortgagor's interest after absolute transfer to mortgagee — Assignment by mortgagor for value after delivery of fi. fa. to sheriff and advertisement of his intention to sell mortgagor's interest — No delivery of memorandum of writ to Registrar-General or service of copy writ on Registrar of Titles — Real Property Statute 1864, s. 182 — Subsequent sale by sheriff and transfer to his purchaser by mortgagee on payment of mortgage money — Priority — Costs of successful plaintiff who has not offered to do equity.
Insolvency Statute 1871, ss. 37 (ii) 69, and 71 — Transfer within three months of insolvency — Intent to defeat or delay — Fraudulent preference — "With a view of giving such creditor a preference" — Purchaser in "good faith."
Detinue — Measure of damages — Remoteness of damage — Extraordinary consequence — Knowledge of tort feasor — Laches of plaintiff.
Libel — Conclusiveness of finding of jury on question of libel or no libel — New trial — Appeal to Privy Council from order granting new trial — Practice — Application by summons in chambers for leave to appeal — Motion — 15 Vict., No. 10, s. 33 — Order in Council — Postponement of new trial pending appeal.
Negligence — Horse left by owner under sufficient restraint until third person could take charge of him — Injury done by horse while in charge of such third person, such restraint being insufficient for purpose for which third person was then using him — Liability of owner.
Will — Construction — Wills Statute 1864, s. 31 — Gift to class — When ascertainable — Lapse — Costs.
Transfer of Land Statute, ss. 43, 47, 58, 61, 144, and 146 — Certificate of title obtained through fraud — Registration of mortgage by fraudulent holder of certificate to innocent mortgagees — Damages against assurance fund — Costs of mortgagees.
Trustees' costs — Trustee ordered to pay costs — Disclaiming defendant — Appearance — Costs — Costs of co-defendant — Partnership — Dissolution — Mutual incompatibility of temper.
Companies Statute 1864 — Winding-up — Servant — Manager — Notice of Discharge — Judicature Act 1883, s. 9 (I) — Insolvency Statute 1871, s. 113 (II) — Preferential payment — Companies Wages Act 1885, s. 2.
Will — Construction — Legacies to `each of her two children,' there being more than two — Falsa demonstratio.
Bill of sale — Receipt containing inventory — Instruments and Securities Statute 1864, s. 63 — Equitable assurance of personal chattels — Apparent possession — Nonregistration.
Will — Construction — Clause against alienation — Absolute gift — Proviso for cesser on alienation — Parties — Cestui que trust — Ord. XVI., r. 8.
Insurance — Guarantee policy for faithful discharge of duty — Statement of proposed checks on accounts — Representation of intention not amounting to warranty.
Libel — Confidential circular containing list of writs issued, with names of defendants.
Land Act 1869, s. 21 — "Contracts or agreements relating to an allotment" — Equitable mortgage of license — Illegality — Promissory note as collateral security.
Action of ejectment — Defence simply of possession — Order XXI., r. 21 — Equitable defence of fraud or mistake — Order XXVIII., r. 1 — Amendment of defence — "Real question in controversy" — Discretion of judge.
Mining Statute 1865, ss. 101 (1), 177,195 — Mining lease — Non-compliance with labour covenants — Warden's jurisdiction to make declaratory order — Forfeiture.
Executor — Contract entered into by testator and completed by executor — Claim of executor for wages.
Will — Construction — Accurate description of subject-matter of devise — Subsequent inaccurate description — Falsa demonstratio non nocet — Two inconsistent devises in same Will.
Insolvency Statute 1871, ss. 37 (ii), 69, 70-13 Eliz. c. 5 — Deed of Assignment — Discretion of trustees in recognising preferential claims — Intent to defeat or delay creditors — Evidence — "Settlement."