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13 VLR(166 results)

Cases reported in this volume of the Victorian Reports

BENCRAFT v. THE MAYOR &c. OF SOUTH MELBOURNE13 VLR 1

WILLIAMS, HOLROYD, and KERFERD, JJ.·9 Dec 1886·Supreme Court of Victoria (Full Court)

Local GovernmentAct No. 506, s. 6 — Appointment of newspaper by council for advertisements.

NATIONAL BANK OF AUSTRALASIA v. MORROW13 VLR 2

HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.·15 Feb 1887·Supreme Court of Victoria (Full Court)

Transfer of Land StatuteS. 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.

REGINA v. M’CORMICK13 VLR 9

HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.·7 Feb 1887·Supreme Court of Victoria (Full Court)

Justices of the PeaceAct No. 267, secs. 89, 109 — Adjournment of examination — "Remand" — Practice — Mandamus.

TRENCH v. THE QUEEN13 VLR 13

HIGINBOTHAM, C.J., HOLROYD, and WEBB, JJ.·8 Feb 1887·Supreme Court of Victoria (Full Court)

County CourtTenure of judges — Administration of Justice Act 1885, s. 5 — Seventy years of age — Order-in-Council calling on judge to retire — Notice.

REGINA v. CULLEN13 VLR 21

HIGINBOTHAM, C.J., HOLROYD, & KERFERD, JJ.·9 Feb 1887·Supreme Court of Victoria (Full Court)

Police Offences Statute, s. 17, sub-s. (1)Obstructing watercourse, &c. — Meaning of works mentioned in sub-s. (1).

REYNOLDS v. THE MAYOR &c. OF HAWTHORN13 VLR 23

HIGINBOTHAM, C.J., HOLROYD, & KERFERD, JJ.·10 Feb 1887·Supreme Court of Victoria (Full Court)

NegligenceEvidence of subsequent accidents — Contributory negligence.

REGINA v. AITKEN13 VLR 27

HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.·11 Feb 1887·Supreme Court of Victoria (Full Court)

Public HealthAct No. 782, ss. 91, 92 — "Noxious trades" — Registration — "Established or newly carried on."

REGINA v. SHARP13 VLR 31

HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.·14 Feb 1887·Supreme Court of Victoria (Full Court)

Fraud summonsActs 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.

REGINA v. CASEY13 VLR 37

HIGINBOTHAM, C.J., HOLROYD & KERFERD, JJ.·15 Feb 1887·Supreme Court of Victoria (Full Court)

County Court Statute 1869Delivery of judgment — Jurisdiction of judge to deliver judgment out of court.

THE MAYOR &c. OF WILLIAMSTOWN v. MELBOURNE HARBOR TRUST13 VLR 41

HIGINBOTHAM, C.J., WILLIAMS & A’BECKETT, JJ.·4 Mar 1887·Supreme Court of Victoria (Full Court)

Local GovernmentAct 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.

LOCAL BOARD OF HEALTH OF DAYLESFORD v. GEAKE13 VLR 45

HIGINBOTHAM, C.J., WILLIAMS & A’BECKETT, JJ.·4 Mar 1887·Supreme Court of Victoria (Full Court)

Public HealthAct 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.

REGINA v. EDWARDS13 VLR 50

HIGINBOTHAM, C.J., WILLIAMS & A’BECKETT, JJ.·14 Mar 1887·Supreme Court of Victoria (Full Court)

Pounds Act 1874Ss. 14, 17, 19, 33 (iii.) — Illegal impounding — Trespass rates — Practice — Act No. 565, s. 10 — Affidavits of justices.

REGINA v. DAVEY13 VLR 55

HIGINBOTHAM, C.J., WILLIAMS & A’BECKETT, JJ.·14 Mar 1887·Supreme Court of Victoria (Full Court)

Justices of the PeaceAct No. 565, s. 17 — Amendment of order of justices — Time in which amendment may be made.

RE HOBDAY13 VLR 57

HIGINBOTHAM, C.J., WILLIAMS, WEBB & A’BECKETT, JJ.·1 Apr 1887·Supreme Court of Victoria

SolicitorAdmission 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.

NICHOLSON v. COLONIAL MUTUAL INSURANCE COMPANY13 VLR 58

WILLIAMS, HOLROYD & KERFERD, JJ.·5 Apr 1887·Supreme Court of Victoria (Full Court)

Contract of insuranceWarranty that a caretaker should be kept in charge of premises — Meaning of — Pleading — Ord. XIX., r. 5 — Costs — When allowed on higher scale.

ATTORNEY-GENERAL v. THE PRESIDENT &c. OF SHIRE OF HUNTLY13 VLR 66

WILLIAMS, HOLROYD, & KERFERD, JJ.·6 Apr 1887·Supreme Court of Victoria (Full Court)

Local GovernmentAct 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.

REGINA v. HARE13 VLR 71

WILLIAMS, HOLROYD, and KERFERD, JJ.·7 Apr 1887·Supreme Court of Victoria (Full Court)

Local GovernmentAct 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.

HILL v. STEWART13 VLR 76

WEBB, J.·2 Mar 1887·Supreme Court of Victoria

PartnershipIllegal purpose — Betting — Pleading illegality — Executor of partner in same position as his testator as to costs where defence unsuccessful.

COWELL v. STACEY13 VLR 80

WEBB, J.·9 Mar 1887·Supreme Court of Victoria

Transfer of Land Statute, ss. 37 & 42Transfer — Notice of outstanding equitable interest — Registration of transfer.

ISAACS v. MOSS13 VLR 85

WEBB, J.·18 Mar 1887·Supreme Court of Victoria

Real Property Statute 1864, s. 150Locke 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."

IN RE FEDERAL HAT CO. LIMITED13 VLR 88

WEBB, J.·21 Mar 1887·Supreme Court of Victoria

CompanyWinding-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."

IN RE MUTUAL LIVE STOCK FINANCIAL AND AGENCY COY.13 VLR 91

WEBB, J.·28 Mar 1887·Supreme Court of Victoria

CompanyWinding-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.

M’CLUSKEY v. FRAME13 VLR 93

WEBB, J.·28 Mar 1887·Supreme Court of Victoria

PracticeSupreme Court — Transfer of Land Statute, ss. 116, 117 — Caveat — County Court Statute 1869, s. 100 (iii. & viii.) — County court jurisdiction — Costs.

SINNETT v. DARBY13 VLR 97

HIGINBOTHAM, C.J., HOLROYD & WEBB, JJ.·8 Feb 1887·Supreme Court of Victoria (Full Court)

TrusteeBare legal trust — Executor — Sale to beneficiary — Subsequent purchase on behalf of executor from representative of beneficiary — Breach of trust.

IN RE PEERS13 VLR 108

WEBB, J.·31 Mar 1887·Supreme Court of Victoria

Settled estatesSale — Investment of proceeds — Real Property Statute 1864, s. 101 — First mortgage of real estate.

M’DONALD v. GLEESON13 VLR 110

WEBB, J.·31 Mar 1887·Supreme Court of Victoria

PracticeSupreme 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.

DURANCE v. JOHNSON13 VLR 112

WEBB, J.·25 Nov 1886·Supreme Court of Victoria

WillConstruction — Trust for maintenance education and support of children — Application of income to maintenance, &c., after children come of age.

FRANKLYN v. DANBY13 VLR 119

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·4 May 1887·Supreme Court of Victoria (Full Court)

PracticeAppeal 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.

GEORGE v. KAY13 VLR 121

HIGINBOTHAM, C.J., HOLROYD and A’BECKETT, JJ.·5 May 1887·Supreme Court of Victoria (Full Court)

Licensing Act 1885, ss. 18 and 36New publichouse — Dimensions of bedrooms.

SEVIER v. PANTON13 VLR 123

HIGINBOTHAM, C.J., HOLROYD and A’BECKETT, JJ.·5 May 1887·Supreme Court of Victoria (Full Court)

Justices of the PeaceAct No. 565; s. 33 — Parties in summary prosecution at Petty Sessions for assault — Appeal to General Sessions — Costs where respondent does not appear.

GOODSIR v. HENDERSON13 VLR 125

HIGINBOTHAM, C.J., HOLROYD and A’BECKETT, JJ.·6 May 1887·Supreme Court of Victoria (Full Court)

Factories and Shops Act 1885S. 29 — Liability of individual member of firm — Liability of master for unlawful act of servant.

REGINA v. NICOL13 VLR 130

HIGINBOTHAM, C.J. and HOLROYD, J.·12 May 1887·Supreme Court of Victoria (Full Court)

Public HealthAct No. 782, ss. 99, 157 — Nuisance — "Act, default, or sufferance."

M’LAURIN v. GRIFFIN13 VLR 140

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·12 May 1887·Supreme Court of Victoria (Full Court)

Pounds Act 1874, ss. 19, 28, 29, & 33 (iii. & viii.)Illegal impounding — Non-compliance with directions as to memorandum.

M’CLUSKY v. FORSYTH13 VLR 146

HIGINBOTHAM, C.J., HOLROYD & KERFERD, JJ.·12 May 1887·Supreme Court of Victoria (Full Court)

AppealCounty court — Nonsuit — Agent — Right to commission.

REGINA v. ROCHE13 VLR 150

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·12 May 1887·Supreme Court of Victoria (Full Court)

EvidenceLarceny — Identity of articles found with prisoner with goods alleged to have been stolen — Similarity.

IN THE WILL OF JAMES13 VLR 154

WEBB, J.·3 Feb 1887·Supreme Court of Victoria

PracticeProbate — Act No. 842, ss. 5 and 6 — Appointment of company by administrator to act in his stead — Letters of administration not issued.

IN THE ESTATE OF HEALEY13 VLR 156

WEBB, J.·7 Feb 1887·Supreme Court of Victoria

PracticeProbate — 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.

RE CAREY13 VLR 161

WEBB, J.·18 Feb 1887·Supreme Court of Victoria

Insolvency Statute 1871, s. 42Sequestration of deceased person's estate — Act of insolvency — Refusal of petition.

IN RE THONEMAN13 VLR 162

HIGINBOTHAM, C.J., WILLIAMS & A’BECKETT, JJ.·2 Mar 1887·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871, s. 44Order nisi — Personal service on a person out of the jurisdiction — Substituted service.

IN RE BUSHEL13 VLR 166

WEBB, J.·24 Mar 1887·Supreme Court of Victoria

PracticeAdministration to attorney-under-power of foreign administrator — Form of Order.

IN RE KILBY13 VLR 167

WEBB, J.·6 Apr 1887·Supreme Court of Victoria

PracticeProbate — Executors' commission — Application within eight months — Entitling affidavits "In the Supreme Court."

IN THE WILL OF PARSONS13 VLR 169

WEBB, J.·14 Apr 1887·Supreme Court of Victoria

PracticeAdministration c.t.a. — Persons to whom granted — Male preferred to female — Priority of application — Majority of interests.

IN RE VAGG13 VLR 172

WEBB, J., WILLIAMS, HOLROYD, and KERFERD, JJ.·6 Apr 1887·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871Ss. 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.

IN THE WILL OF TODD13 VLR 185

HIGINBOTHAM, C.J., WEBB, HOLROYD, and A’BECKETT, JJ.·2 May 1887·Supreme Court of Victoria (Full Court)

PracticeProbate — 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.

IN RE MERRY13 VLR 193

HIGINBOTHAM, C.J., WEBB, HOLROYD, and A’BECKETT, JJ.·3 May 1887·Supreme Court of Victoria (Full Court)

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.

IN RE THONEMAN13 VLR 204

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·4 May 1887·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871, ss. 12, 20, 133Appeal — 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.

IN THE WILL OF JAMES13 VLR 214

WEBB, J.·5 May 1887·Supreme Court of Victoria

AdministrationAct 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.

WEEDING v. WEEDING13 VLR 215

HIGINBOTHAM, C.J., WEBB, KERFERD, and A’BECKETT, JJ.·6 June 1887·Supreme Court of Victoria (Full Court)

Marriage and Matrimonial Causes Statute 1864, s. 70Adultery by petitioner — Condonation by respondent not pleaded — Discretionary bars — Palliating circumstances.

IN RE HALL13 VLR 233

HIGINBOTHAM, C.J., WEBB, KERFERD, and A’BECKETT, JJ.·7 June 1887·Supreme Court of Victoria (Full Court)

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.

WHITE v. WHITE13 VLR 239

HIGINBOTHAM, C.J., WEBB, KERFERD, A’BECKETT, JJ.·8 June 1887·Supreme Court of Victoria (Full Court)

Marriage and Matrimonial Causes Statute 1864, s. 70Petition 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.

ARNOLD v. ARNOLD13 VLR 249

WEBB, J.·16 June 1887·Supreme Court of Victoria

Dissolution of marriageEvidence — Admission of adultery by husband.

IN THE WILL OF WM. PRENTICE13 VLR 251

WEBB, J.·30 June 1887·Supreme Court of Victoria

ProbateAppointment of executors — Person to act conjointly with executors.

JOHNSON v. WILLIAMS13 VLR 252

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·7 Mar 1887·Supreme Court of Victoria (Full Court)

AppealPrivy 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.

MAGOR v. DONALD13 VLR 255

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·14 Mar 1887·Supreme Court of Victoria (Full Court)

Transfer of Land Statute, s. 36Instrument — Creation of easement — Attorney under power — Effect of registration.

PASSMORE v. MINAHAN13 VLR 262

HIGINBOTHAM, C.J., WILLIAMS, A’BECKETT, HOLROYD, and KERFERD, JJ.·1 Apr 1887·Supreme Court of Victoria (Full Court)

PracticeOrder XXXVI., rr. 32 and 33 — No appearance for plaintiff — Action dismissed — Motion to reinstate case in list.

MERRY v. THE QUEEN13 VLR 264

HIGINBOTHAM, C.J.·13 May 1887·Supreme Court of Victoria

Insolvency Statute 1871, s. 77Insolvency of plaintiff — Application for stay of proceedings — Actions which insolvent may continue in his own name.

M’DONALD v. THE PRESIDENT &c. OF THE SHIRE OF COBURG13 VLR 268

HIGINBOTHAM, C.J., WILLIAMS, HOLROYD, KERFERD, WEBB and a’BECKETT, JJ.·1 June 1887·Supreme Court of Victoria (Full Court)

Local GovernmentAct 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.

REG v. THE NATIONAL INSURANCE COMPANY13 VLR 301

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·9 June 1887·Supreme Court of Victoria (Full Court)

PracticeCrown Remedies and Liability Statute 1865, s. 11 — Power of defendant to interrogate the Queen or her officers.

REGINA v. GILLESPIE13 VLR 304

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·10 June 1887·Supreme Court of Victoria (Full Court)

Local GovernmentAct No. 506, s. 273 — Notice of appeal — Adjournment of Petty Sessions — Jurisdiction of justices.

CAMPBELL v. STEPHEN13 VLR 308

HIGINBOTHAM, C.J., KERFERD, and a’BECKETT, JJ.·10 June 1887·Supreme Court of Victoria (Full Court)

Life AssuranceAct 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.

REGINA v. HARE13 VLR 310

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·14 June 1887·Supreme Court of Victoria (Full Court)

Public HealthAct 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.

NICOL v. NICOL13 VLR 322

HIGINBOTHAM, C.J., KERFERD and A’BECKETT, JJ.·14 June 1887·Supreme Court of Victoria (Full Court)

EasementServitude by parol license or agreement — Excess — Nuisance — Mode of abatement — Total removal of servitude.

THE LOCAL BOARD OF HEALTH OF HAMILTON v. WILLET13 VLR 327

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·15 June 1887·Supreme Court of Victoria (Full Court)

Public HealthAct No. 782 ss. 91, 92 — "Piggery," meaning of.

IN RE OGLE13 VLR 330

HIGINBOTHAM, C.J., A’BECKETT, and KERFERD, JJ.·1 July 1887·Supreme Court of Victoria (Full Court)

Imprisonment for DebtAct 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.

GOVAN v. DRAYTON13 VLR 342

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·11 July 1887·Supreme Court of Victoria (Full Court)

LimitationsAdverse possession — Breach of continuity of adverse possession by constructive possession reverting to the holder of title before the expiration of statutory period.

JONES v. EBSWORTH13 VLR 346

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·8 July 1887·Supreme Court of Victoria (Full Court)

AppealCounty Court — Administration of Justice Act 1885, s. 8 — Practice — Notice to produce — Reasonable notice — Interference with discretion of judge — Form of order for rehearing.

DAVIDSON v. WRIGHT13 VLR 351

HIGINBOTHAM, C.J., WILLIAMS, and KERFERD, JJ.·14 July 1887·Supreme Court of Victoria (Full Court)

Master and servantInjury to servant through defective machinery — Contributory negligence — Liability of employer — Employers' Liability Act 1886, ss. 3 & 4.

REGINA v. PAYNE13 VLR 359

HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.·1 Aug 1887·Supreme Court of Victoria (Full Court)

EvidenceBurglary — Evidence of breaking — Inference.

IN RE CROZIER13 VLR 362

WEBB, J.·6 Apr 1887·Supreme Court of Victoria

Lunatic domiciled abroadFound 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.

WILLIAMS v. SANDY13 VLR 368

WEBB, J.·19 Apr 1887·Supreme Court of Victoria

PracticeWant of parties — Time to take objection — Costs.

IN RE FREDERICK THE GREAT TRIBUTE COMPANY13 VLR 373

WEBB, J.·22 Apr 1887·Supreme Court of Victoria

Mining on Private PropertyAct 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.

FORRESTER v. GREAT WESTERN LONG TUNNEL G.M. CO.13 VLR 381

WEBB, J.·22 Apr 1887·Supreme Court of Victoria

Mining LeaseWarden'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.

MONAGHAN v. GLEESON13 VLR 384

WEBB, J.·23 May 1887·Supreme Court of Victoria

Vendor and purchaserPurchaser 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.

IN RE AFFLECK13 VLR 391

WEBB, J.·27 May 1887·Supreme Court of Victoria

Guardian of personMarried woman.

REGINA v. YORKE13 VLR 393

WILLIAMS, HOLROYD, and KERFERD, JJ.·1 June 1887·Supreme Court of Victoria (Full Court)

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.

M’DONALD v. THE VICTORIAN RAILWAYS COMMISSIONERS13 VLR 399

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·8 June 1887·Supreme Court of Victoria (Full Court)

NegligenceGratuitous carriage, of passengers — Condition that passenger travels at his own risk — Injuries received on railway platform after journey was over — Notice of condition.

STEVENS v. MORGAN13 VLR 403

HIGINBOTHAM, C.J., WEBB, KERFERD, and A’BECKETT, JJ.·1 July 1887·Supreme Court of Victoria (Full Court)

Specific performanceContract for sale of land — Mistake of vendor's agent — Mutual mistake — Option to purchaser of insisting on performance of contract with an alteration.

IN RE BREBNER13 VLR 410

WEBB, J.·23 June 1887·Supreme Court of Victoria

Lunacy Statute, ss. 106, 135, 180Report of Master allowing commission to committee without an order of the Court.

HAYES v. WILSON13 VLR 412

WEBB, J.·15 July 1887·Supreme Court of Victoria

WillConstruction — Vested interest — Clause divesting on death of beneficiary "before receiving payment."

HUNTER v. M’NULTY13 VLR 416

WEBB, J.·18 July 1887·Supreme Court of Victoria

Mining Statute 1865, ss. 71, 72, and 73Mining by-laws — Ultra vires — Proceedings for forfeiture of mining claim for breach of by-laws — Champerty — Suspension certificate.

SCOTT v. MURRAY13 VLR 425

WEBB, J.·25 July 1887·Supreme Court of Victoria

TrusteeServices — Remuneration — Husband of trustee — Unauthorised purchase — Money borrowed to complete purchase — Interest on money borrowed — Money borrowed for repairs — Interest.

WILLIAMSON v. SMALLEY13 VLR 428

WEBB, J.·25 July 1887·Supreme Court of Victoria

Real and personal propertyPerishable 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.

AMORETTY v. CITY OF MELBOURNE BANK13 VLR 431

A’BECKETT, J.·20 Apr 1887·Supreme Court of Victoria

DamagesMeasure — Conversion of mining scrip deposited as security — Time at which value to be taken.

NEW KOH-I-NOOR CO. v. WILLIAMS13 VLR 435

A’BECKETT, J.·22 Apr 1887·Supreme Court of Victoria

CostsJudicature Rules, Appendix N — Taxation of costs — Country firm of solicitors — Town agents — Partnership — Travelling expenses.

VALE v. NICHOLL13 VLR 437

A’BECKETT, J.·25 May 1887·Supreme Court of Victoria

CostsOrder LXV., r. 1 — Judge without a jury — Successful plaintiff ordered to pay costs.

CAMPBELL v. SMITH13 VLR 439

HOLROYD, J.·26 May 1887·Supreme Court of Victoria

Sale by auctionWarranty by vendor — Breach — Action by auctioneer upon cheque given for purchase-money — Partial failure of consideration — Counter-claim against auctioneer for breach of warranty.

GEIRK v. CONNOLLY13 VLR 446

HIGINBOTHAM, C.J., A’BECKETT, WILLIAMS, and KERFERD, JJ.·7 July 1887·Supreme Court of Victoria (Full Court)

NegligenceContributory negligence — Carrier of passengers — Driving on after stoppage without looking whether passenger was in the act of alighting.

WALSH v. WEIGALL13 VLR 449

WEBB, J.·15 July 1887·Supreme Court of Victoria

EvidenceDisappearance 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.

RATTEN v. DENBIGH13 VLR 456

WEBB, J.·20 July 1887·Supreme Court of Victoria

WillConstruction — Words importing contingency — "In the event of her death."

OGLE v. AEDY13 VLR 461

WEBB, J.·4 Aug 1887·Supreme Court of Victoria

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.

REGINA v. WALKER13 VLR 469

SPECIAL CASE stated by a’Beckett, J., for the opinion of the judges of the Court.·7 July 1887·Supreme Court of Victoria (Full Court)

EvidenceConfessions and admissions elicited from prisoner after arrest — Admissibility — Statute of Evidence, s. 57.

TODD v. ENTICOTT13 VLR 475

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·8 Aug 1887·Supreme Court of Victoria (Full Court)

Landlord and tenantLease — 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.

SKINNER v. BOWEN13 VLR 481

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·8 Aug 1887·Supreme Court of Victoria (Full Court)

Vendor and purchaserPlan 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.

IN RE THE TRANSFER OF LAND STATUTE13 VLR 484

HIGINBOTHAM, C.J., WILLIAMS, and HOLROYD, JJ.·9 Aug 1887·Supreme Court of Victoria (Full Court)

Transfer of Land Statute, s. 117Removal of caveat — Practice — By whom summons to be signed — Affidavit when to be filed.

AH CHIN v. THIEL13 VLR 485

HIGINBOTHAM, C.J., WILLIAMS, and HOLROYD, JJ.·9 Aug 1887·Supreme Court of Victoria (Full Court)

Statute of FraudsInterest in land — Agreement not to distrain.

THE MELBOURNE TRAMWAYS TRUST v. THE MELBOURNE T. AND O. CO. LIMITED13 VLR 487

HIGINBOTHAM, C.J., WILLIAMS, and HOLROYD, JJ.·10 Aug 1887·Supreme Court of Victoria (Full Court)

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."

LEVEY v. AZZOPARDI13 VLR 491

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·12 Aug 1887·Supreme Court of Victoria (Full Court)

Rules of the Supreme Court 1884Appendix K, Form No. 24 — Construction — Inconsistent provisions in Rules.

REGINA v. DRAKE13 VLR 498

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·1 Sept 1887·Supreme Court of Victoria (Full Court)

AbortionCriminal 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.

VALE v. BLAIR13 VLR 502

WILLIAMS, HOLROYD and A’BECKETT, JJ.·6 Sept 1887·Supreme Court of Victoria (Full Court)

CostsAction by purchaser for specific performance of contract for sale of land — Unpaid vendor — Lien on land — Costs of taking accounts.

REGINA v. DUNCAN13 VLR 509

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·9 Sept 1887·Supreme Court of Victoria (Full Court)

EvidenceAdmissibility of secondary evidence of pound fees, &c., painted on board erected in pound — Pounds Act 1874, ss, 11, 17, 22, 30.

WILLETT v. ALLKINS13 VLR 513

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·12 Sept 1887·Supreme Court of Victoria (Full Court)

VaccinationCompulsory Vaccination Act, ss. 7, 14, 17 — Vaccination performed by unqualified person — Certificate of medical practitioner.

REGINA v. O’MEARA13 VLR 516

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·13 Sept 1887·Supreme Court of Victoria (Full Court)

Licensing Act 1885, s. 35Having 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.

SAWYERS v. MAYOR &c. OF COLLINGWOOD13 VLR 519

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·13 Sept 1887·Supreme Court of Victoria (Full Court)

Local GovernmentAct 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.

IN RE DAKIN13 VLR 522

HIGINBOTHAM, C.J., WILLIAMS, A’BECKETT, HOLROYD, JJ.·16 Sept 1887·Supreme Court of Victoria (Full Court)

Contempt of CourtCarrying 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.

REGINA v. NEWELL13 VLR 548

HIGINBOTHAM, C.J., WILLIAMS, and HOLROYD, JJ.·3 Oct 1887·Supreme Court of Victoria (Full Court)

Protection of Animals Act 1881, sec. 7Neglect to provide proper and sufficient shelter — Evidence — Deep mud in place of confinement.

IN RE TUCKER13 VLR 551

WEBB, J.·30 June 1887·Supreme Court of Victoria

PracticeInsolvency — 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.

IN RE GLEESON13 VLR 565

WEBB, J.·14 July 1887·Supreme Court of Victoria

PracticeProbate — Administration Act 1872, s. 28 — Administration Bond — Assignment — "On being satisfied" — Prim facie case.

WILKINSON v. WILKINSON13 VLR 568

WEBB, J.·19 Aug 1887·Supreme Court of Victoria

Marriage and Matrimonial Causes Statute 1864S. 62 — Dissolution of marriage — Desertion — Support — Society of husband.

IN THE WILL OF SMITH13 VLR 570

WEBB, J.·1 Sept 1887·Supreme Court of Victoria

PracticeProbate — Administration Act 1872, ss. 30 & 31 — Caveat — Caveator dead — Solicitor whose address for service given, dead — Order nisi — Service.

IN THE WILL OF SEVERS13 VLR 572

WEBB, J.·7 Sept 1887·Supreme Court of Victoria (Full Court)

ProbateTestamentary capacity — Intention of testator — Will made in articulo mortis — Consistency with previous dispositions and previously expressed intentions — Exercise of discriminating judgment — Onus of proof.

IN THE WILL OF MATHESON13 VLR 587

WEBB, J.·8 Sept 1887·Supreme Court of Victoria

PracticeProbate — 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.

IN RE MANN13 VLR 590

HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.·13 Oct 1887·Supreme Court of Victoria (Full Court)

English Bankruptcy Act 1883, s. 118Aid sought of Colonial Court — Order seeking aid — Specification of matters as to which aid required — "British Court."

BENCRAFT v. THE MAYOR &c. OF SOUTH MELBOURNE13 VLR 596

WILLIAMS, HOLROYD, and KERFERD, JJ.·9 Dec 1886·Supreme Court of Victoria (Full Court)

Local GovernmentAct No. 506, s. 6 — Appointment of newspaper by council for advertisements.

IN RE RYAN13 VLR 597

WEBB, J.·6 Oct 1887·Supreme Court of Victoria

Insolvency Statute 1865, ss. 101 & 105Certificate of discharge — Confirmation — Death of Commissioner granting certificate — Insolvency Statute 1871, s. 149 — Fresh application for certificate.

IN RE WATSON13 VLR 599

WEBB, J.·1 Dec 1887·Supreme Court of Victoria

ProbateTwo Wills — Revocation of Will — Revival of revoked Will — Inconsistent Wills — Form of grant.

IN THE WILL OF HEPBURN13 VLR 603

WEBB, J.·8 Dec 1887·Supreme Court of Victoria

PracticeProbate — Commission to trustees — Summary order to pass accounts — Jurisdiction.

REGINA v. THE SHIRE OF HUNTLY13 VLR 606

A’BECKETT, J.·1 July 1887·Supreme Court of Victoria

Local GovernmentAct 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.

REGINA v. THE SHIRE OF MORTLAKE13 VLR 611

A’BECKETT, J.·6 July 1887·Supreme Court of Victoria

Local GovernmentAct No. 506 s. 399 — Duty of Shire Council to keep roads open — Mandamus — Doubt as to legal existence of road.

VAGG v. BRIGHT13 VLR 614

HIGINBOTHAM, C.J., A’BECKETT, WILLIAMS, and KERFERD, JJ.·7 July 1887·Supreme Court of Victoria (Full Court)

Malicious prosecutionProvince of judge and jury — Reasonable and probable cause — Belief — Evidence.

GIBBS, BRIGHT AND CO. v. ROWAN13 VLR 621

HIGINBOTHAM, C.J., A’BECKETT, WILLIAMS, and KERFERD, JJ.·11 July 1887·Supreme Court of Victoria (Full Court)

Contract for sale of goodsConstruction — 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.

KNIGHT v. BELL13 VLR 639

HIGINBOTHAM, C.J., WEBB, WILLIAMS, and HOLROYD, JJ.·13 Aug 1887·Supreme Court of Victoria (Full Court)

PracticeOrders 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.

TYLER v. TYLER13 VLR 657

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT JJ.·8 Sept 1887·Supreme Court of Victoria (Full Court)

PracticeAction on foreign judgment — Pleading — Order XXV., r. 4 — Writ setting out form of foreign judgment — Summons to strike out statement of claim.

WORTHINGTON v. FLETT13 VLR 661

A’BECKETT, J.·26 Sept 1887·Supreme Court of Victoria

Friendly SocietiesAct No. 590 — Rules of Friendly Society — "Certified" — Acknowledgment of registry — Branch or lodge — Property of lodge ceasing to exist.

LANGLEY v. LANGLEY13 VLR 668

WEBB, J.·27 Sept 1887·Supreme Court of Victoria

Married Women's PropertySeparate estate — No trustee interposed — Husband a trustee — Remuneration for managing wife's business.

O’CALLAGHAN v. SWAN13 VLR 676

WEBB, J.·28 Sept 1887·Supreme Court of Victoria

WillConstruction — Absolute gift of income — No gift of corpus — Gift over — Restraint on alienation — Gift to institution under wrong name — Falsa demonstratio.

CHAPMAN v. ROBERTSON13 VLR 682

A’BECKETT, J.·29 Sept 1887·Supreme Court of Victoria

Voluntary settlement27 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.

IN RE THE MUTUAL LIVE STOCK CO.13 VLR 688

WEBB, J.·29 Sept 1887·Supreme Court of Victoria

PracticeAttachment — Order XLIV, r. 2. — Notice — Companies Statute 1864, s. 155.

CRAWFORD v. RANKINE13 VLR 690

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·7 Sept 1887·Supreme Court of Victoria (Full Court)

PracticeSpecial case — Administration of Justice Act 1885, s. 9 — Specific questions to be stated.

REGINA v. TAYLOR13 VLR 691

HIGINBOTHAM, C.J., HOLROYD, and A’BECKETT, JJ.·1 Sept 1887·Supreme Court of Victoria (Full Court)

Rabbit Suppression Act 1880, sec. 5Appointment of assistant of inspector.

RAWLINGS v. TRENWITH13 VLR 693

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·12 Sept 1887·Supreme Court of Victoria (Full Court)

Trades' HallPower 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.

DAWS v. M’DONALD13 VLR 698

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·12 Sept 1887·Supreme Court of Victoria (Full Court)

WatercourseNatural stream of water — Definition of.

CAMPBELL v. RIDGELY13 VLR 701

HIGINBOTHAM, C.J., HOLROYD, J., KERFERD, J.·13 Oct 1887·Supreme Court of Victoria (Full Court)

InfantLiability for misrepresentation.

VAIL v. BLAIR13 VLR 704

HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.·13 Oct 1887·Supreme Court of Victoria (Full Court)

AppealTo 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.

MAIN v. DUERDIN13 VLR 706

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·10 Nov 1887·Supreme Court of Victoria (Full Court)

PracticeOrd. LVIII, r. 15 — Security for costs of appeal — "Special circumstances" — Poverty of appellant.

REGINA v. STRICKLAND13 VLR 708

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·11 Nov 1887·Supreme Court of Victoria (Full Court)

Justices of the PeaceAct 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.

REGINA v. WILTON13 VLR 710

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·11 Nov 1887·Supreme Court of Victoria (Full Court)

Masters and Servants Statute 1864Sec. 11 — Misconduct — Refusal to work.

TISCHLER v. WICKS13 VLR 712

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·15 Nov 1887·Supreme Court of Victoria (Full Court)

Justices of the PeaceAct No. 267, s. 107 — Certificate of dismissal — Proof of dismissal on merits — Res judicata.

REGINA v. SHORT13 VLR 719

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·15 Nov 1887·Supreme Court of Victoria (Full Court)

Imprisonment for debtAct No. 284 — Order for imprisonment of debtor for non-attendance — Proof of debt unnecessary.

REID v. GUNN13 VLR 723

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·2 Dec 1887·Supreme Court of Victoria (Full Court)

MiningResidence area — Registration — Second taking up, and registration before cancellation of first — Right to occupation — Act No. 709, s. 7 — Act No. 291, s. 5.

M’BEAN v. BROWN13 VLR 726

HIGINBOTHAM, C.J., WILLIAMS, and KERFERD, JJ.·9 Dec 1887·Supreme Court of Victoria (Full Court)

Statute of FraudsInterest in land — Part performance — Tenant put into possession of land under parol agreement, and afterwards abandoning it — Action by landlord to recover damages.

REGINA v. SHUTER13 VLR 730

HIGINBOTHAM, C.J., WILLIAMS, and KERFERD, JJ.·14 Dec 1887·Supreme Court of Victoria (Full Court)

Rabbit Suppression Act 1884, s. 15"Any subsequent neglect" — Conviction — Fresh notice necessary to constitute subsequent offence.

WESTWOOD v. PERRETT13 VLR 732

HIGINBOTHAM, C.J., KERFERD, and A’BECKETT, JJ.·15 Dec 1887·Supreme Court of Victoria (Full Court)

WitnessPrivilege against civil action in respect of perjury — Money fraudulently obtained under legal process — Recovery of, before judgment or order set aside.

HOBSON v. STONEHAM13 VLR 738

HIGINBOTHAM, C.J., A’BECKETT, and KERFERD, JJ.·15 Dec 1887·Supreme Court of Victoria (Full Court)

County Court Statute 1869, s. 54County 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.

REGINA v. AEDY13 VLR 746

HIGINBOTHAM, C.J., WILLIAMS, J., A’BECKETT, J.·16 Dec 1887·Supreme Court of Victoria (Full Court)

Transfer of Land Statute, s. 153False declaration made "in pursuance of the Act." — Fraudulently procuring certificate of title — Evidence.

WOLFE v. LANG & CO.13 VLR 752

HIGINBOTHAM, C.J., WILLIAMS, and KERFERD, JJ.·16 Dec 1887·Supreme Court of Victoria (Full Court)

Trade MarksAct No. 901, sec. 2 — Wrapper or pamphlet — Fraud — Infringement of right — Injunction — Misrepresentation by plaintiff.

BANK OF VICTORIA v. FORBES13 VLR 760

HIGINBOTHAM, C.J.·20 Dec 1887·Supreme Court of Victoria

LimitationsAdverse 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.

SANDER v. TWIGG13 VLR 765

HIGINBOTHAM, C.J., WEBB, and HOLROYD, JJ.·3 Oct 1887·Supreme Court of Victoria (Full Court)

Transfer of Land Statute, s. 106Unregistered 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.

MICHAEL v. OLDFIELD13 VLR 793

HIGINBOTHAM, C.J., WEBB, HOLROYD, and KERFERD, JJ.·7 Dec 1887·Supreme Court of Victoria (Full Court)

Insolvency Statute 1871, ss. 37 (ii) 69, and 71Transfer 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."

O’CONNOR v. THE BANK OF NEW SOUTH WALES13 VLR 820

HIGINBOTHAM, C.J., WILLIAMS, and HOLROYD, JJ.·11 Aug 1887·Supreme Court of Victoria (Full Court)

DetinueMeasure of damages — Remoteness of damage — Extraordinary consequence — Knowledge of tort feasor — Laches of plaintiff.

ROCKE, TOMPSITT AND CO. v. WILSON13 VLR 833

HIGINBOTHAM, C.J., WILLIAMS, and A’BECKETT, JJ.·9 Aug 1887·Supreme Court of Victoria (Full Court)

LibelConclusiveness 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.

MAXWELL v. COOKE13 VLR 845

HIGINBOTHAM, C.J., WILLIAMS, and HOLROYD, JJ.·3 Oct 1887·Supreme Court of Victoria (Full Court)

NegligenceHorse 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.

CAMERON v. READ13 VLR 849

HIGINBOTHAM, C.J., WEBB, KERFERD, and A’BECKETT, JJ.·3 Nov 1887·Supreme Court of Victoria (Full Court)

WillConstruction — Wills Statute 1864, s. 31 — Gift to class — When ascertainable — Lapse — Costs.

MESSER v. GIBBS13 VLR 854

HIGINBOTHAM, C.J., WEBB, KERFERD, and A’BECKETT, JJ.·10 Nov 1887·Supreme Court of Victoria (Full Court)

Transfer of Land Statute, ss. 43, 47, 58, 61, 144, and 146Certificate of title obtained through fraud — Registration of mortgage by fraudulent holder of certificate to innocent mortgagees — Damages against assurance fund — Costs of mortgagees.

KNIGHT v. BELL13 VLR 878

HIGINBOTHAM, C.J., WEBB, HOLROYD, and KERFERD, JJ.·5 Oct 1887·Supreme Court of Victoria (Full Court)

Trustees' costsTrustee ordered to pay costs — Disclaiming defendant — Appearance — Costs — Costs of co-defendant — Partnership — Dissolution — Mutual incompatibility of temper.

RE THE INTERCOLONIAL SMELTING AND REDUCING CO. LIMITED13 VLR 896

WEBB, J.·7 Oct 1887·Supreme Court of Victoria

Companies Statute 1864Winding-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.

EASTON v. JEFFRAY13 VLR 900

WEBB, J.·24 Oct 1887·Supreme Court of Victoria

WillConstruction — Legacies to `each of her two children,' there being more than two — Falsa demonstratio.

YARNTON v. TAYLOR13 VLR 903

HOLROYD, J.·4 Nov 1887·Supreme Court of Victoria

Bill of saleReceipt containing inventory — Instruments and Securities Statute 1864, s. 63 — Equitable assurance of personal chattels — Apparent possession — Nonregistration.

JAMES v. GARD13 VLR 908

A’BECKETT, J.·10 Nov 1887·Supreme Court of Victoria

WillConstruction — Clause against alienation — Absolute gift — Proviso for cesser on alienation — Parties — Cestui que trust — Ord. XVI., r. 8.

REGINA v. THE NATIONAL INSURANCE COMPANY13 VLR 914

A’BECKETT, J.·10 Nov 1887·Supreme Court of Victoria

InsuranceGuarantee policy for faithful discharge of duty — Statement of proposed checks on accounts — Representation of intention not amounting to warranty.

ABBOTT v. COOMBS13 VLR 917

HOLROYD, J.·25 Nov 1887·Supreme Court of Victoria

LibelConfidential circular containing list of writs issued, with names of defendants.

BYRNE v. O’CALLAGHAN13 VLR 924

HIGINBOTHAM, C.J., A’BECKETT, WILLIAMS, and KERFERD, JJ.·2 Dec 1887·Supreme Court of Victoria (Full Court)

Land Act 1869, s. 21"Contracts or agreements relating to an allotment" — Equitable mortgage of license — Illegality — Promissory note as collateral security.

DWYER v. O’MULLEN13 VLR 933

HIGINBOTHAM, C.J., A’BECKETT, WILLIAMS, and KERFERD, JJ.·5 Dec 1887·Supreme Court of Victoria (Full Court)

Action of ejectmentDefence 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.

IVES v. LALOR13 VLR 941

WEBB, J.·6 Oct 1887·Supreme Court of Victoria

Mining Statute 1865, ss. 101 (1), 177,195Mining lease — Non-compliance with labour covenants — Warden's jurisdiction to make declaratory order — Forfeiture.

STEVENS v. NANKERVIS13 VLR 947

WEBB, J.·14 Nov 1887·Supreme Court of Victoria

ExecutorContract entered into by testator and completed by executor — Claim of executor for wages.

GALLAGHER v. ADAMS13 VLR 948

WEBB, J.·13 Dec 1887·Supreme Court of Victoria

WillConstruction — Accurate description of subject-matter of devise — Subsequent inaccurate description — Falsa demonstratio non nocet — Two inconsistent devises in same Will.

DAVEY v. DANBY13 VLR 957

WEBB, J.·19 Dec 1887·Supreme Court of Victoria

Insolvency Statute 1871, ss. 37 (ii), 69, 70-13 Eliz. c. 5Deed of Assignment — Discretion of trustees in recognising preferential claims — Intent to defeat or delay creditors — Evidence — "Settlement."