Negligence — Master and servant — Volenti non fit injuria — Insufficient machinery — Act No. 844, sec. 9 — Form of special case — Questions of law — Practice.

Administration suit — Next of kin out of jurisdiction of Court not bound by decree — Fresh administration suit — Leave of Court unnecessary where plaintiff not a party — Wilful default — New administration not granted unless plaintiff be prejudiced by reason of not being party to first suit.

"The Judicature Act 1883," No. 761 — s. 9 (6) — Assignment of chose in action — Notice — "The Stamp Duties Act 1879," No. 645, s. 50 (i.) (ii.) — Bill of exchange — Stamp — Cancellation.

"The Lands Compensation Statute 1869," No. 344, s. 15 — "Common Law Procedure Statute," ss. 255, 256, 261, 262 — Reference to arbitration under Act No. 344 — Reference by consent of parties — Power to order attendance of witnesses — Examination of witnesses before arbitrators.

"Justices of the Peace Statute 1865," No. 267, sec. 140 — "Justices of the Peace Statute," No. 565, secs. 24, 25 and 26 — Practice — Notice of appeal — Service on justices.

Practice — Motion to set aside verdict — Order XXXVI., r. 33 — Order LXIV., r. 5* — Vacation — Period when time for taking proceedings is counted — Notice of trial.

Negligence — Scienter — Wild or bush cattle — Driving cattle along the highway.

"The Criminal Law and Practice Statute 1864," No. 233, s. 110 — Robbery from the person — Property under the protection of prosecutor.

Conspiracy to cheat and defraud — False pretences, obtaining money by — Institution of proceedings to extort money — Agreement to settle proceedings.

"The Criminal Law and Practice Statute 1864," No. 233, s. 64 — Larceny as a bailee — Bailment.

"The Rabbit Suppression Act 1880," s. 4 — Act No. 721, ss. 2, 3, and 4 — "The Rabbit Suppression Act 1884," No. 813, ss. 8, 15 — Lands, right of Inspector to enter upon — Inspector, power of.

"County Court Statute 1869," No. 345, ss. 120, 122 — "The County Court Rules 1881," rr. 269, 271 — Form 46 — Appeal case, settlement of — Judge of the County Court.

Contract — Collateral agreement — Parol evidence of — Warranty.

"Local Government Act 1874," No. 506, s. 384 — Municipal council, power of, to drain "roads in and through lands" — Trespass — Right of private person to prevent drain water injuring his land.

"The Land Act 1884," No. 812, ss. 32 and 93 — Grazing lease — Timber license — Right to enter lands held under grazing lease.

"The Dog Act 1884," No. 809, s. 20 — Scienter — Evidence of unnecessary — Proceedings under Act No. 809 — Practice.

Negligence — Cart and horse left in highway.

"The Licensing Act 1885," No. 857, s. 107 — Doors "shut and locked."

"The Public Service Act 1883," No. 773 — Classified roll of teachers — Schedules V. and VI. — "Junior assistants."

Contract — Quarry, meaning of.

Official assignee — Detinue — Action for recovery of land — Action brought by mistake against person having same name as insolvent — Costs.

Practice, Probate — Shifting executorship — Trustees for the time being of a settlement appointed executors — Absolute grant of probate.

Discovery and interrogatories — Illegality raised by pleadings — Refusal of discovery and interrogatories — Motion ex parte to Full Court for discovery and interrogatories.

Practice, Probate — Act No. 928, ss. 4 to 7 — Exemplification of English Probate — Seal of Supreme Court — "Probate Act 1887."

Negligence — Master and servant — Volenti non fit injuria — Insufficient machinery — Act No. 844, sec. 9 — Form of special case — Questions of law — Practice.

Practice — Pleading — Reply, setting up new cause of action — Departure.

Practice — "The Marriage and Matrimonial Causes Statute 1864," No. 268, s. 63 — Adulterer to be co-respondent — Time for applying to Court to dispense with making adulterer co-respondent — Costs.

The "County Court Statute 1869," No. 345, sec. 43 — Action of tort — Remission of action to County Court — "The Statute of Wrongs 1865," No. 251, ss. 13 and 14 — Action by executor.

Practice — Particulars of damages — Order XIX., rr. 6 and 7 — Time within which application must be made.

"Rules of the Supreme Court 1884" — Order LXV., r. 1 — Practice — Costs to abide event — Good cause — "Damages one farthing."

"Bills of Sale Act," No. 557, s. 1 — "The Instruments and Securities Statute 1864," No. 204, ss. 56, 57 — Bill of sale — Condition of defeasance — Mortgage of lease, license and goodwill of an hotel — Lease — Insolvency of lessee — Determination of lease by landlord — Nature of publican's license — Nature of goodwill — Property passing to official assignee.

Interlocutory injunction — Balance of convenience — Irreparable mischief — Discretion of Court — Acquiescence.

Orders LXVII.*, r. 7 and XLV., r. 1 — Writ of execution — Moneys in hands of sheriff — Execution creditor — Claims protected — Attachment.

"The Attorneys' and Solicitors' Remuneration Act 1884" (No. 802) ss. 2 and 3 — Agreement as to amount of remuneration — Agreement not in writing.

Negligence — Onus of proof.

"The Justices of the Peace Statute 1865" (No. 267), sec. 131 — Appeal to General Sessions — Costs of appeal — "The Amendment of Informalities Act 1884" (No. 810), sec. 6 — Certiorari — Amendment of order of Justices.

Sale of land — Agent's authority — Revocation.

"Real Property Statute 1864" (No. 213), sec. 66 — Dower assignment — Assignment by metes and bounds.

"The Companies Statute 1864" (No. 190), sec. 121 — Voluntary winding up — Motion by liquidator for advice of Court — Jurisdiction of Court.

"Insolvency Statute 1871" (No. 379), sec. 112 — Proof of debt — Judgment debt — Agreement not to enforce judgment until certain event happening — Insolvency — Contingent liability — Absolute proof — Motion to expunge.

Practice, Supreme Court — Evidence — Proof of judgment — Seal of Supreme Court — Official seal.

Administration suit — Unauthorised purchase by executrix — Mortgage of estate to provide purchase money — Non-filing of accounts — Costs — Costs of husband, co-defendant.

Infant — Maintenance — Breaking in on corpus — Past maintenance.

Negligence — Animal straying on railway line — Duty to fence land adjoining railways.

"Rules of Supreme Court, 1884," Order XXXI., r. 11 — Practice — Interrogatories — Insufficient answers.

Evidence — "The Bankers' Books Evidence Act 1878," No. 620 — ss. 2, 4 — Copies of bank books — Affidavits — Bank, meaning of.

Practice, Lunacy — "Lunacy Statute," No. 309, s. 89 — Traverse of inquisition — Evidence taken before Master on inquisition.

"The Wills Statute 1864," No. 222, s. 7 — Acknowledgment of signature.

Administration — Creditor's application — Will — Undue delay by executors in proving will — Costs of creditor — Form of order.

Practice, Probate — English Probate — "The Probate Act 1887," No. 928 — Sealing exemplification — Power of attorney, Form of.

Practice, Probate — Two Wills — No evidence of contents of later will — Lost will — Revocation — Notice to next of kin — Order made without prejudice — Form of order.

Practice, Probate — Stale will — Delay in applying for probate.

"The Probate Act 1887," No. 928, s. 4 — English letters of administration — Affixing seal of Supreme Court — Power of attorney.

Rules of Supreme Court 1884, Order LVII., rr. 10, 15 — Interpleader — Non-appearance of claimant — Costs.

Practice — Pleading — Rules of Supreme Court 1884, Order XIX., rr. 16, 24 — Form of reply — Departure.

Practice — Rules of Supreme Court 1884, Order XLV., r. 5 — Garnishee — Order absolute set aside — Third party, claim of.

"County Court Statute 1869," No. 345, s. 42 — Actions remitted to County Court.

"Licensing Act," No. 857, s. 24 — Regulations as to voting — Certiorari — Validity of regulations framed under s. 24 — Vote by ballot.

Act No. 808, s. 17 — Order XIX., r. 27 — Order XXV., r. 4 — Patent — Insufficiency of particulars of objections.

Rules of Supreme Court 1884, Order XXXI., rr. 5, 21 — Interrogatories — Officer of company.

Order LXV., r.12 — Taxation — Action for dishonour of cheque — County Court scale of costs — Costs of engrossing brief — Items 30 and 8 of County Court scale of costs.

Rules of Supreme Court 1884, Order LXV., r. 27 (30) (38) — Practice — Refresher fees Term fees — Sittings.

Order in Council, 9th June, 1860 — Appeal to Privy Council — Appealable amount.

"The Judicature Act 1883," No. 761, s. 28 — Order of judge — Power of judge to rescind order — Order for commission obtained by misstatement — Power to set aside.

Practice — Setting aside judgment — Delay in application — Irregularity.

Act No. 521, s. 8 — By-law, illegality of — Mode of testing — Lease of land to a club for the amusement and recreation of the public — Power of club to make charges upon the public — Regulations as to bookmakers.

"Transfer of Land Statute," No. 301, s. 106 — "The Instruments and Securities Statute 1864," No. 204, s. 107 — Validity of parol contract for sale of land — Absolute transfer of land — Deed of defeasance — Fi.fa. — Entry of fi.fa. on register — Sale by sheriff — Assignment by execution debtor — Priority.

"The Companies Statute 1864" (No. 190), s. 73 (ii.), (iv.), (v.) — Compulsory winding-up — Shareholder — Disputed debt — Commencing business within twelve months.

"Rules of the Supreme Court, 1884," Order XXVI. r. 1 — Practice — Order for discontinuance of action — Application by defendant.

Practice — "The Judicature Act 1883," No. 761, s. 41 — "Rules of the Supreme Court 1884" — Order XXVI. r. 1 — Order for discontinuance of action — Motion by defendant — Practice and procedure of High Court of Justice in England, when applicable.

"Imprisonment for Debt Act" (No. 284), s. 3 — "Means and ability to pay the debt" — Payment of amount, to whom to be made — Justices, duties of, under Act No. 284 — "Amendment of Informalities Act 1884," s. 6.

Lateral support of surface of land — Support of wall — Prescriptive right — Damages after writ.

Appeal from County Court — Costs — Costs of rehearing — Further consideration — Specific performance — Discretion of Court.

"Local Government Act 1874" (No. 506), ss. 129 and 143-4 — "The Local Government Act Amendment Act 1883" (No. 786), s. 12 — Licensed premises, what forms part of — Appeal on Question of Fact — Municipal Election — Irregularity.

Supreme Court Rules, Order XXXVI., rr. 11 and 33 — Practice — Notice of Motion — Listing.

Practice, Supreme Court, Insolvency — Order nisi — Substituted service — Objections not signed by respondents — Truth of objections — Vague allegations in order nisi — Amendment of order nisi — Variation of order absolute — Ground on which order made absolute — Leaving Victoria with intent to defeat or delay creditors — "Insolvency Statute 1871" (No. 379), s. 37 (iii).

Practice Probate — Foreign Will — Power of Attorney — Act No. 928, s. 4.

Mortgage — Action for redemption — Improvements by mortgagee in possession — Interest on expenditure by mortgagee.

Negligence — Tramway — Traffic lawfully on the highway — Iron traps — Sufficiency of — Act No. 765, s. 13.

"Chinese Immigrants Statute 1865" (No. 259) — "The Chinese Act 1881" (No. 723), ss. 2 & 3 — "The Constitution Act," 19 Vict. — "Constitution Statute," 18 & 19 Vict. c. 55 — Right to exclude Aliens — Act of State — Royal Prerogative in Victoria — Responsible Government in Victoria — "Governor's Commission" — Evidence — Parliamentary Despatches.

Vendor and purchaser — Contract for sale of land — Condition of sale — Inability to comply with requisition on or objection to title — Rescission — Evidence — Proof of judgment — Delay — Indemnity.

"The Judicature Rules 1883" — Order LXV., r. 1 — Costs — Practice — "Good cause" — Fraud — Conduct of parties at trial — Negligence.

"The Companies Statute 1864" (No. 190), Part I. — Unlimited company — Increase of capital — Forcing new shares on existing shareholders — Estoppel.

Vendor and purchaser — Conditions of sale — Rescinding contract — "Without notice" — Time of the essence of the contract — Waiver — Pleading.

Act No. 502, s. 23 — Felony or misdemeanour — Trial upon the record of the Supreme Court — New trial — Amending judgment.

"Local Government Act 1874," ss. 380, 384, 400, 439 — Interference with drain made by council — Trespass — Drains on private land — "Vest in council of municipality," meaning of.

"The Licensing Act 1885" (No. 857), s. 70 — Meaning of "fame" and "character."

"The Justices of the Peace Statute 1865" (No. 267), s. 153 — Refusal of justices to state a case — Question of fact.

"The County Court Statute 1869" (No. 345), s. 76 — Verdict of majority of jury of six — Act No. 940, s. 38.

"The Police Offences Statute 1865" (No. 265), ss. 30, 65. — Sunday trading — Police constable, power of, to lay information — Penalty, interest in — Common informer.

"The Police Offences Statute 1865" (No. 265), s. 65, sub-secs. (i.) (iii.) — Police constable, power to prosecute and lay an information — Assault — Common informer.

Contract — Restraint of trade — Unreasonable covenant — Limit of place and time.

Settled estate — Infants' costs charged on settled estate — Sale by Court of settled estate without petition.

Vendor and purchaser — Contract for sale of land — Fraud of agent — Knowledge of purchaser — Specific performance — Damages for breach of contract — Agent's authority — Excess of authority — Sale for cash — Usage of land agents — Evidence.

Will construction — Immediate gift — Children living at testator's death — After-born children — Period of distribution postponed — Maintenance and advancement.

"Rules of the Supreme Court 1884," Order XVII., r. 4 — Death of defendant after judgment against him with costs — Executors added as defendants — Exparte motion — Costs.

"The Public Health Amendment Statute 1883" (No. 782), s. 131 — "Lane or passage" on land of the Crown — Street — Costs of forming, paving, etc.

"Local Government Act 1874" (No. 506), ss. 377, 408, 409 — Fixing level of street — Raising street already levelled and paved — No objection by adjoining owner — Damages.

"The Mining Companies Act 1871" (No. 409), s. 118, (i.), (v.) — Registered Company — Unregistered mining partnership — Forfeiture of shares — Pleading — Inconsistent or alternative cases — Parties — Order XVI., rr. 14, 15 — Partners.

Voluntary settlement — Bon fide purchaser for value — Contract in fieri.

"Local Government Act 1874" (No. 506), s. 71 — Municipal election — Auditor — Returning officer — Declaration of election — Person elected in office — Validity of election — Mandamus — Quo warranto — Colourable election — Disqualification of candidate.

"Insolvency Statute 1871" (No. 379), s. 138 (xi) — Insolvency Rules 103 and 156 — Forms — Verbal notice — Notice of opposition — If in writing, may be signed by solicitor — Time for objecting to validity of notice — Duty of public officer — Presumption of performance — Estoppel — Evidence.

Will construction — Debts, funeral and testamentary expenses — Direction to pay out of proceeds of realty — Exoneration of personalty — Legacies — Only gift in direction to pay out of proceeds of realty — Specific bequest — Codicil conflicting with will.

Pleading, Order XIX., rr. 16 and 14 — Departure.

Order XXXI., rr. 12, 14, 21 — Discovery of documents.

Order XIX., r. 7 — Discovery — Particulars.

Practice — Pleading — Order XVII., r. 1 — Action for recovery of land — Counter-claim for distinct cause of action.

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), s. 92 — Practice — Divorce — Dismissal of suit — Power of Court to order costs — Alimony — Costs.

Action of ejectment — Estoppel — Right of defendant to impeach the title of person who put him in possession.

"The Victorian Exhibitions Act 1878" (No. 619) ss. 2, 4, 6 — Regulations for the management of Exhibition — Regulations prohibiting sale of exhibits without consent of Executive Commissioners.

Evidence — Pleading — Action for wrongful seizure of goods.

Practice — Pleading — Statement of claim — Trover — Bill of sale — Interpleader order.

Will construction — Annuity for particular purpose — Gift in testator's lifetime for that purpose — Ademption — Motive of bequest.

"Mining Statute 1865" (No. 291), s. 37 — Marking out land for application for lease — Trespass pending application for lease — Marking out residence area pending application for lease.

"The Licensing Act 1885" (No. 857) — ss. 37, 38, 39 — Licensing magistrates — Justices of the Peace — Act 5 Geo. II., c. 19 — Act 13 Geo. II., c. 18.

"The Police Offences Statute 1865" (No. 265), s. 32 — Power of justices to determine question of property — Res judicata.

Will construction — Absolute gift of legacies — Direction for payment out of a particular fund.

Practice Probate — Reg. Gen. 23rd June 1873, r. 4 — Residence of attesting witness — Residence of solicitor's clerk.

Practice — County Court — Contradictory answers by plaintiff — Direction by judge — Leaving case to jury.

Practice probate — Search at Registrar-General's Office — Will deposited in same name.

"The Wills Statute 1864" (No. 222), s. 8 — Will — Position of signature — Foot or end of will.

"Real Property Statute 1864" (No. 213), Part V. — Lease of settled estate — Infant remaindermen — Guardian to consent — Affidavits.

Will construction — "Real Property Statute 1864" (No. 213), s. 150.

"The Wills Statute 1864" (No. 222), s. 8 — Will on printed form — Position of signature — Inoperative signature.

Trust property — Sale by auction — Trustee — Leave to bid.

"Real Property Statute 1864" (No. 213), Part V. — Settled estate — Charitable trust — Succession of tenants for life — Order for sale — Application of proceeds.

Solicitor's lien — Fund in Court — Costs of action — Costs between solicitor and client — Next friend — Stop order — Assignment.

Will, Construction of — Legacy — Specific.

Act No. 571, s. 4 — Justices of the Peace — Rule to quash decision of — Service of rule.

"The Licensing Amendment Act 1887" (No. 949) s. 20 — "The Licensing Act 1885" (No. 857), s. 141 — Jurisdiction of justices.

County Court action — Practice — Amendment — Duty of judge to amend.

"Game Amendment Act 1873" (No. 464), s. 5 — Trespass in pursuit of game — Crown lands.

"Insolvency Statute 1871" (No. 379), ss. 71, 37 (ii.) and 69 — Fraudulent preference — Transfer with intent to defeat and delay creditors.

Vendor and purchaser — Sale of land — Want of title — Fraud — Damages for loss of bargain.

"Local Government Act 1874" (No. 506) ss. 380, 399 — Street in state of nature — Nuisance by stranger — Knowledge of council — Injury to person lawfully using street — Damages.

Vendor and Purchaser — Statute of Frauds — "The Instrument and Securities Statute 1864" (No. 204), s. 107 — Name of purchasers — Agent of syndicate — Estoppel — Pleading — Memorandum of contract — Extrinsic evidence — Formal contract to be drawn up.

Vendor and purchaser — Contract for sale of land — Specific performance — Condition for rescission without notice — Non-performance of conditions — Notice — Statute of Frauds. — "The Instruments and Securities Statute 1864" (No. 204), s. 107.

Vendor and purchaser — Contract for sale of land — Conditions of sale — Construction — Right to rescind without notice — Waiver.

Practice probate — Administration durante minoritate — Committee of lunatic.

Practice — Discovery and inspection of documents — Report of surveyor.

Will construction — Next of kin of testator and of his wife — Class — Per capita.

Will construction — Option to purchase — Personal option — Administration.

Will construction — Accumulation of rents — Special trust — Vested interest.

Practice — "Rules of Supreme Court 1884" — Order XXII., r. 6 (a) — Payment into Court — Taking out money paid into Court.

"The Patents Act 1884" (No. 808), s. 7 — Appeal to the Supreme Court from refusal of law officer to grant letters patent — Practice — Costs.

Sale of land — Contract — Conditions in contract — Possession — Condition to give possession, effect of.

Lease — Covenant for quiet enjoyment — Implied covenant — Obstruction of light.

Judicial separation — Petition for — Costs de die in diem — Application to vary order as to costs.

"Local Government Act 1874" (No. 506), ss. 165, 170, 248, 314, 315, 339 — Estimate — Contract — Injunction.

"The Public Health Amendment Statute 1883," s. 59 — Possession of unwholesome meat for purposes of sale — Mens rea in corporation — Knowledge of corporation — Meaning of "person" in s. 59.

"Friendly Societies Statute 1865" (No. 254) — "Friendly Societies Act 1877" (No. 590), ss. 18, 19 — Trustees of lodge — Parties to proceedings to recover fines — Power of Annual Moveable Committee to alter or vary the general laws of the Society — Jurisdiction.

"The Companies Statute 1864," s. 64 — Table A, arts. 35, 52, 53 — Validity of acts of de facto directors.

"Real Property Statute 1864" (No. 213), ss. 19, 31, 32, 43 — Act No. 873 — Action for recovery of possession of land — Limitation — Extinguishment of right of possession.

Will construction — Specific bequest to take effect in futuro — Vested interest — Contingent interest — Intermediate income of personal estate — "Duties on the Estates of Deceased Persons Statute 1870" (No. 388), s. 24 — Calculation of duty — Deducting duty from share — Value of contingent interest.

Vendor and purchaser — Auctioneer's commission — Solicitor — Evidence — Usage of land agents — Sale for "cash" — Agent's authority.

"Real Property Statute 1864" (No. 213), s. 113 — Application for sale of settled estate — Infants — Guardian — Appointment by Court — Materials.

Vendor and purchaser — Specific performance — Ability and willingness to complete — Statute of Frauds, s. 4 — "The Instruments and Securities Statute 1864" (No. 204), s. 107 — Identification of property sold — Terms of payment — Consistency of documents as to terms of contract — Connection of documents.

Practice probate — Will on three pages — Execution on first page only.

"Real Property Statute 1864" (No. 213), Part V. — Petition for sale of settled estate — Beneficiaries adult — Application of proceeds of sale — Agreement as to division of proceeds.

"Insolvency Statute 1871" (No. 379), ss. 138 (12), 139 — Property — Insolvent — Trustee or agent only — Appropriation of property by — Refusal of certificate — Imprisonment — Appeal — Suspension of certificate.

Agent — Del credere agency — Guarantee — Power of judge to vary or alter findings of referees.

Evidence — Witness — Impeaching credibility — Reputation.

"The Justices of the Peace Act 1887" (No. 953), ss. 155, 67, sub-sec. 2 — "The Licensing Amendment Act 1887" (No. 949), s. 48 — Remitting to rehear — Evidence — Magistrates' register.

"The Education Act 1872" (No. 447), s. 22 — "The Public Service Act 1883" (No. 773), s. 70 — "The Civil Service Act" (No. 160), s. 42 — Retiring allowance to teacher — Interpretation.

"The Licensing Act 1885" (No. 857), ss. 4, 134 — Sale of liquor — Club — Premises occupied bon fide as a club — Agent or servant of licensed persons selling liquor without a license.

"The Justices of the Peace Act 1887" (No. 953), ss. 4, 115, sub-sec. (2) — Jurisdiction — Imprisonment for debt.

"The Melbourne Tramway and Omnibus Co.'s Act 1883" (No. 765), s. 12 — "The Melbourne Tramway and Omnibus Company's Additional Branches and Amendment Act 1884" (No. 815), ss. 2 and 3 — Construction — Meaning of word "tramway."

"The Trade Marks Registration Act 1876" (No. 539), s. 2 — Trade mark — Essential particular — Added letters — User by several persons — Registration — Letters having descriptive meaning — Combination of letters — User before the Act.

"Real Property Statute 1864" (No. 213), Part V., ss. 89, 95, 114 — Petition for sale of settled estate — Consent of persons beneficially interested — Consent of married women.

"The Mining Companies Act 1871" (No. 409), ss. 50, 118 — Forfeiture of shares — Notice of call — Notice of sale of forfeited shares — Misnomer of company — Parol evidence of resolution of directors.

"The Mining Companies Act 1871" (No. 409), s. 50 — Notice of call — Publication of notice — Name of company incorrectly stated — Forfeiture of shares.

"The Public Health Amendment Statute 1883" (No. 782), ss. 131 and 145 — Expenses incurred by Local Board of Health — Formation of street — Liability of adjoining owner — Charge or encumbrance on land — Question of title.

Act 16 and 17 Vict., c. 70, ss. 125 and 147 — "Lunacy Statute" (No. 309), s. 166 — Lunatic resident in England — Lunatic's property in Australia — Order for sale — Approval of English Court — Foreign order — Construction.

Vendor and purchaser — Specific performance — Sale of land — Agent's authority — Discretion of agent — Excess of authority — Cash — One-half cash — Open contract — Conditions of sale — Option to retire bill at any time, rebate of interest being allowed.