MARKS v. PENGLASE15 VLR 1
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
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Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
Practice — Order XII., rr. 8 and 9 — Signing judgment in default of appearance — Sealed duplicate memorandum of appearance — Irregularity.
Practice — Rules of Supreme Court 1883 — Order XIV., r. 1 — Application to sign final judgment — Married woman — Separate estate — Evidence — Affidavit, sufficiency of.
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
Articled clerk — Filing of articles — Duty of solicitor.
Libel — Letters N.P.F. written on promissory note — Privilege — Statements made bon fide in the ordinary course of business.
Action against executor — Devise of land subject to payment of all debts.
Practice — Criminal Law — Evidence of child of tender years — Right of prisoner's counsel to cross-examine as to child's capacity to give evidence.
"The Rabbit Suppression Act 1880" (No. 683) — First Schedule — Form of Notice — Act No. 721, s. 2 — Service of Notice — Act No. 813, ss. 15, 24.
Practice — Pleading — Action for slander — Denial of innuendo — Order XXV., r. 4.
"The Public Health Amendment Statute 1883" (No. 782), s. 131 — Meaning of "street" — Forming public street on private property.
Act No. 78, s. 1 — Innkeepers, liability of — Inn, definition of — Coffee Palace — Loss of goods — "Package or parcel."
"Rules of the Supreme Court 1884" — Order XXVII., r. 1 — Order III., r. 6 — Specially endorsed writ — Statement of claim — Signature — Pleadings.
Partners — Authority of partner to borrow money.
Criminal Law — Practice — Trial in open court — Communication between judge and jury — Discretion of judge.
Practice — Rules of Supreme Court — Order XIX., r. 27 — Striking out — Attorney's bill of costs — Omission to tax within twelve months — Pleading in defence of unreasonableness of bill of costs.
"County Court Statute 1869" (No. 345), s. 43 — Application to remit action to County Court — Security for costs where plaintiff has property out of the jurisdiction — Visible means.
"Local Government Act 1874" (No. 506), ss. 265, 273 — Valuation of rateable property — Crown grants subject to restrictions — "Fair capital value of the fee simple" — "The Discipline Act 1870" (No. 389) — "The Discipline Act 1880" (No. 777), ss. 5, 14.
Undue influence — Husband and wife — Independent legal advice — Married woman — "The Married Women's Property Act 1884" (No. 828) — Form of judgment against married woman.
"Abattoirs Statute" (No. 356), s. 28 — Mandamus — Application for license for slaughter-house — Determination by municipal council.
Criminal Slander — Words imputing an indecent offence — Grossly immoral words.
Promissory note — Notice of dishonour — Knowledge.
Supreme Court Act (Constitution) 15 Vict. (No. 10), s. 34 — Orders in Council for appeal to Privy Council, 9th June, 1860 — Appeal to Privy Council — Enlargement of time for giving security for costs — Application to enlarge time made to judge.
Order LVIII., r. 5 — Practice — Pleading — Obscurity of reply — Burden of proof — Mistake of counsel — Failure of justice — Appeal — New trial.
Vendor and purchaser — Sale of land — "The Instruments and Securities Statute 1864" (No. 204), s. 107 — Memorandum in writing — Name and description of vendor — Trial before judge of Supreme Court — Province of judge — Nonsuit application.
Practice probate — Application for rule to administer freehold land granted — Order not taken out for many years — Signature nunc pro tunc.
Practice probate — Act No. 928, s. 4 — Foreign administration — Attaching seal of the Supreme Court — Office copy of Order of Court of Australasian Colony — Administration to attorney-under-power of administrator of country of domicile — Materials.
"The Marriage and Matrimonial Causes Statute 1865" (No. 268), ss. 67, 88 — Petitioner for divorce — No appearance for respondent — Collusion — Adultery of petitioner — Undefended divorce suit — Calling of witnesses by judge.
"The Companies Statute 1864" (No. 190), ss. 75, 154, schedule 7, clauses 2 (1) and 4 — Petition for winding-up company — Advertisement — Dispensing with seven clear days' notice — Signature of petition — Petition by company for winding-up another company — Creditor — Affidavit verifying petition, by whom sworn.
"The Stamp Duties Act 1879" (No. 645), s. 51 — "Promissory Note" — Agreement containing a promise to pay.
"The Licensing Act 1885" (No. 857), ss. 50, 98, 141, 143 — "The Licensing Amendment Act 1887" (No. 949), ss. 16, 48 — Third offence of Sunday trading — Jurisdiction of Licensing Court — Forfeiture of license — Information — Form of — Evidence — Objection as to constitution of Court taken at trial.
"Insolvency Statute 1871 "(No. 379), ss. 83, 104, 106 — Act No. 411, s. 6 — Insolvency Rules, r. 54 — Assignee in Insolvency — Power to admit or reject proof of debt before meeting of creditors — Power given by Rules — Ultra vires.
Vendor and purchaser — Sale of land — "The Instruments and Securities Statute 1864" (No. 204), s. 107. — Contract in writing — Memorandum of contract — Separate documents — Incorporation of previous document by reference — Parol evidence.
Negligence — Plaintiff a bare licensee and child of tender years — Dangerous machine.
"Real Property Statute 1864" (No. 213), ss. 17, 18, 38, and 47 — Statute of Limitations — Equitable mortgage — Deposit of deeds without writing — "Transfer of Land Statute" (No. 301), s. 25 — Principal — Interest — "Rent."
"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), ss. 20, 23 — Evasion of duty — Transfer by father to children — Avoidance of land tax.
"Local Government Act 1874" (No. 506), s. 273 — "The Justices of the Peace Act 1887" (No. 953), ss. 19, 150 — Appeals against rates — Evidence before Court of Petty Sessions — Bias of adjudicating justices — Justices who are ratepayers making order reducing rates.
Practice — Order XLI., r. 9. — "The Common Law Procedure Statute 1865" (No. 274), s. 366 — Judgment by consent — Seal of company.
"The Veterinary Surgeons Act 1887" (No. 956), s. 20, sub-sec. 1 — Mandamus — Discretion of Board to refuse application.
"Mining Statute 1865" (No. 291), ss. 4, 37 — No. 466, ss. 3 and 4 — Mining lease — Application for lease — Pendency of application — Marking out claim — Default in application for lease — Taking possession — Residence of holder of miner's right — "Melbourne."
Interpleader — "Rules of the Supreme Court 1884" — Order LVII. r. 1 — Sequestration of estate in New South Wales — Effect of, on rights of judgment creditors in Victoria.
Discovery — Interrogatories — Practice — Discovery for the purpose of paying money into Court — Reduction of damages.
Practice — Action for trespass — "Rules of the Supreme Court 1884" — Order XIX., r. 25* — Description of land trespassed upon.
Criminal Law — Evidence — Identity — Belief.
"Rules of the Supreme Court 1884" — Order XLIV., r. 8 — Consolidation of actions — Conduct of test case, who is entitled to.
Regul Generales, 15th August 1876, r. 11 — Memorandum of satisfaction on a bill of sale — Practice — Corporate seal to be affixed.
"Insolvency Statute 1871" (No. 379), s. 22 — Petition for sequestration — Practice — Seal of corporation — Agent.
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
"Lunacy Statute" (No. 309), ss. 101 and 102 — Lunatic domiciled abroad, but found lunatic in this colony — Estate of lunatic in this colony — Nature of estate — Station and stock — Sale of sheep — Purchase of other sheep to replace them — Committee of lunatic — Percentage on lunatic's estate to be paid to the Master.
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
"Rules of Supreme Court 1884" — Order XVI., r. 11 — Adding defendants — Limit of power given by rule to add parties.
"Rules of Supreme Court 1884" — Order XIX., r. 7 — Further and better particulars — Action for libel — Order made.
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
"The Marine Board Act 1887" (No. 965), ss. 25, 37 (1), 129, 136 (2) — The Court of Marine Inquiry — Jurisdiction of — Marine Board — Certificate of master, suspension of — Prohibition.
"The Judicature Act 1883" (No. 761), s. 56 — Injunction to restrain proceedings in inferior Court — Jurisdiction of Supreme Court — Practice.
Practice — "Rules of the Supreme Court 1884" — Order XXVIII., r. 11 — Order LXV., r. 27 (16) — Certificate for counsel — Amendment of order.
Habeas Corpus — Infant — Powers of Court with regard to the custody of infants.
Winding-up — Repudiation of shares — Application for summons to have name removed from register.
"Rules of the Supreme Court 1884" — Order XVI., rr. 4, 16 — Parties to action — "Questions involved in cause or matter," meaning of — Joinder of parties — Pleading — Practice.
Practice — Pleading — "Rules of the Supreme Court 1884" — Order XIX., rr. 4, 16 — Form of reply — Departure — New ground of claim — Statute of Frauds — Part performance.
Undue Influence — Husband and wife — Guarantee to secure overdrawn account — Independent advice — Appropriation of money paid into bank.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), Part III., ss. 30, 31, 36, 37 — Order for maintenance of an illegitimate child — Testimony of mother — Evidence — Former orders produced as evidence of paternity — Estoppel of denial of paternity by a putative father — Res judicata.
"Transfer of Land Statute" (No. 301), s. 49 — Meaning of the words "tenant," "interest of any tenant," in s. 49.
"Rules of Supreme Court 1884" — Order IX., r.8 — Service of writ of summons — Defendant company not in jurisdiction, but carrying on business by agent — Setting aside service and writ — Practice.
"The Justices of the Peace Act 1887" (No. 953), ss. 82, 91 — Jurisdiction — Power of Court of Petty Sessions to award costs.
"The Licensing Act 1885" (No. 857), s. 29 — Application for grocer's license — Increasing number of existing licenses — Meaning of "increased" in s. 29.
"The Police Offences Statute 1865" (No. 265), s. 36, sub-ss. 1 and 12 — Prisoner arrested on one offence and charged before the Bench with another — Refusal of justices to adjourn — Order to review.
The Criminal Law and Practice Statute 1864" (No. 233), s. 11 — Attempt to murder — Attempt to shoot.
Practice — Interrogatories — Construction of documents — Documents in Insolvency Court.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 (F.) — Order XIV., r. 1 — Specially endorsed writ — Tenant at sufferance.
Practice — "Rules of the Supreme Court 1884" — Order IX., r. 2 — "The Judicature Act 1883" (No. 761), s. 59 — Service of writ — Substituted service — Defendant resident out of jurisdiction.
Practice — "Rules of the Supreme Court 1884" — Order XIV., r. 1 — Affidavits.
"Rules of Supreme Court 1884" — Order LVIII., r. 15 — Security for costs — Appeal — Special circumstances — Practice.
"Rules of Supreme Court 1884" — Order LVIII., r. 15 — Security for costs of appeal — Appeal — Special circumstances — Delay in making application.
"The Bankers' Books Evidence Act 1878" (No. 620), s. 8 — Production of bank's books at the trial — Practice.
Practice — Venue — Change of.
"Real Property Statute 1864" (No. 213), ss. 69, 70 — "Married Women's Property Act," see ss. 2, 3 — Execution by married women of deed of release of power of appointment — Concurrence of husband therein — Interpretation of s. 69 of Act No. 213.
Contract for sale of land — Error in description — Compensation clause — Defect in title as to part of land — Power of arbitrator to make award.
"The Public Health Amendment Statute 1883" (No. 782), s. 110 — Central Board of Health, powers of — Theatre — Mode of construction, meaning of — Site — Mandamus.
"The Licensing Act 1885" (No. 857), ss. 86, 116 — Act No. 1008, effect of on offences and prosecutions under s. 86 of Act No. 857 — Suffering an unlawful game to be played on licensed premises in closed hours — Locus standi of inspector as prosecutor — Summons and stamp thereon — Sec. 7 of Act No. 953.
"Local Government Act 1874" (No. 506), ss. 399, 516 — Encroachment on road — Power of individual to prosecute.
"The Criminals Influx Act 1854" (18 Vict., No. 3), ss. 1, 2, 15 — Habeas corpus — Admissibility of affidavits to show want of jurisdiction in an inferior court.
Contempt of Court — Letters to newspapers — Comment in newspaper on cases pending.
"Rules of the Supreme Court 1884" — Order XXI., r. 16 — Order XXIII., r. 5* — Order XXVI., r. 3 — Order XXXVI., rr. 10, 32 — Counterclaim — Discontinuance of action.
Practice probate — Executors' commission — "Commission" given by will — Remuneration.
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
Vendor and purchaser — Contract for sale of land — Specific performance — Condition of sale — Title — Bringing land under the "Transfer of Land Statute" within six months — Rescission — Time of the essence of the contract — Waiver — Costs.
"Insolvency Statute 1871" (No. 379), ss. 31, 39, 49 — Insolvency Rules, 1st July 1884, r. 3 — Lapsing of order nisi — Order to revive — Contents — Jurisdiction — Want of form or defect — Amendment.
"Real Property Statute 1864" (No. 213), ss. 18, 28 — Statute of Limitations — Tenants in common — Co-tenant.
Will construction — Option of purchase — Payment of money — Personal option.
"Transfer of Land Statute" (No. 301) — Certificate of title — Vendor and purchaser — Conditions of sale — Production of title — Inspection of title — Certificate not in name of vendor — Equitable title — Requisitions.
The Intestate Estates Act 1864 (No. 230), s. 39 — Funeral expenses — Curator of Intestate Estates — Liability of personal representative — Personal liability — Leave to sue the Curator.
Will construction — Devise — Words descriptive of realty as well as personalty — Directions appropriate to personalty only — Leave of Court to trustees bringing action as to trust property.
"The Real Property Statute 1864" (No. 213), s. 98 — Settled estate — Building lease — Petition for lease — Opposition of a stranger — Costs.
Cheque — Defendant's cheque given to plaintiff seventeen days after its date by person who did not obtain it honestly — Circumstances entitling plaintiff to recover.
Infants, custody of — Rights of testamentary guardian — Principles on which Court interferes — Testamentary guardian out of jurisdiction — Habeas corpus.
"Rules of the Supreme Court 1887" — Admission of barristers, rr. 8, 10, 11, 17 — Meaning of words "University recognised by the University of Melbourne" — Statutes of the University of Melbourne, chap. 11, r. 8.
"The Companies Statute 1864" (No. 190), s. 16 — "The Statute of Evidence 1864" (No. 197), s. 54 — Signature of "Acting Registrar-General" — Judicial notice of signature — Registration of company, proof of.
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
"The Instruments and Securities Statute 1864" (No. 204), s. 19, sched. 2 — "Rules of the Supreme Court 1884" — Order II., r. 6 — Order III., r. 6 — Specially indorsed writ — Appearance without leave.
Practice — Appeal — Stay of proceedings — Want of means on part of respondent.
"Administration of Justice Act 1885" (No. 844), sec. 7 (sub-sec. 3), sec. 8 — "The County Court Statute 1869" (No. 345), ss. 35, 56, 67, 68 — Notice of defence by attorney who has not signed roll — Striking out case — Appearance.
"Criminal Law and Practice Statute 1864" (No. 233), s. 178 — "The Criminal Law and Practice. Amendment Statute 1871" (No. 399), s. 23 — Jurisdiction of justices — Question of title — Fences, malicious destruction of.
Practice — Pleading — Order XXII., r. 6 (a) — Order XXIII., rr. 5, 5* — Memorandum of close of pleadings — Time for filing — Joinder of issue.
"The Companies Statute 1864" (No. 190), ss. 90, 116, (sub-sec. 8), ss. 121, 154 — Application to remove name from list of contributories — Voluntary winding-up — Jurisdiction of Court.
Practice — "Rules of the Supreme Court 1884" — Order XXXVI., r. 3 — Application for jury.
Practice — "Rules of the Supreme Court 1884" — Order XVI., r. 46 — Appointment of personal representative.
Vendor and purchaser — Sale of land — Syndicate — Promoter — Prospectus — Fraudulent misrepresentation — Concealment of vendor — Operative cause — Form of relief — Affirmation of contract — "The Companies Statute 1864" (No. 190), s. 4 — Illegal partnership.
Practice — Pleading — Married woman suing — Conditions of sale — Production of certificate of title — Time for requisitions — Time of the essence of the contract — Waiver of requisitions — Acceptance of title — Forfeiture of deposit — Rescission of contract.
"Statute of Trusts 1864" (No. 234), s. 34 — Appointment of new trustees — Absence from jurisdiction — Will — Power of appointment.
Practice probate — Act No. 842, ss. 5 and 6 — Appointment of company in place of executor — Consent of Court — Estate partly administered by executor — Passing accounts.
Transfer of Land Statute (No. 301), ss. 84, 91, 93 — Ejectment by mortgagee — Demand of possession — Tenancy of mortgagor.
"The Instruments and Securities Statute 1864" (No. 204), s. 21 — Setting aside judgment — Discretion of judge.
Practice — Interpleader — Sheriff, duty of — Partnership property — Levy upon interest of partner in.
"Pharmacy Act 1876" (No. 558), s. 25, sub-sec. 1 — "Friendly Societies Act 1877" (No. 590), s. 18, sub-sec. 1 — Carrying on business as chemist by trustees of Friendly Society — Liability of trustees in penal proceedings.
"The Married Women's Property Act 1884" (No. 828), s. 4, sub-secs. 2, 3 — Power of a married woman to sue in contract without proof of separate estate.
"Insolvency Statute 1871" (No. 379), ss. 70, 112 — Deed of assignment — Mala fides — Assignment for insufficient consideration — Assignee in insolvency — Deed declared void — Payments made at implied request of insolvent — Proof of debt — Knowledge by creditor taking assignment of insolvent's intention to defraud other creditors — Executory consideration — Rescission of contract.
Vendor and purchaser — Sale in allotments — Misdescription of allotments — Mutual mistake — Privity — Rectification of certificates — Terms — "Transfer of Land Statute" (No. 301), ss. 49, 145 — Act No. 872, ss. 7 and 8.
"The Mining Companies Act 1871" (No. 409), ss. 59 and 61 — "The Mining Companies Act 1886" (No. 881), s. 4 — Mining company carrying on operations out of colony — Registered office in colony — Mining district — Winding up — Jurisdiction of Supreme Court.
Practice probate — Old will not proved — No personalty — Probate for purposes of title — "The Administration Act 1872" (No. 427), s. 6 — Death of testator before Act.
Practice — "Rules of the Supreme Court 1884" — Order XXXI., r. 6 — Interrogatories — Tendency of answer to criminate person interrogated — Objection to answer.
Transfer of Land Statute (No. 301), s. 49 — Act No. 610, s. 2 — Act No. 872, s. 41 — Right-of-way — Abandonment of — Registration of easement on certificate — Proof of deeds over thirty years old as evidence of title.
"Transfer of Land Statute" (No. 301), ss. 84 and 88 — Mortgagor and Mortgagee — Right of mortgagor to pay off principal and interest owing on a mortgage before its due date.
Practice — "Rules of the Supreme Court 1884" — Order IX., r. 2 — Substituted service.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), s. 32 — Act No. 571, s. 4 — Order for maintenance against husband deserting his wife — Jurisdiction of justices — Meaning of "goods and chattels" in s. 32 of Act No. 268 — Affidavits as to depositions before magistrates on order to review.
"The Land Act 1884" (No. 812), s. 15 — "The Land Act 1869" (No. 360) — "Transfer of Land Statute" (No. 301), ss. 36, 40, 129 — Crown grant — Surrender of — Registration of — Caveat — Crown bound by provisions of Transfer of Land Statute — "Governor," meaning of in Land Act — Fraud in grantee of Crown grant, what constitutes — Advice of Ministers of Crown to Governor — Laches on part of Crown — Practice — Suit by way of information to cancel Crown grant — Statement of claim, form of.
"Insolvency Statute 1871" (No. 379), ss. 37 (2), (3) and (4), 42 — Valuing security — Promissory note of debtor — Act of insolvency by executor, nature of — Defeating or delaying creditors.
"Insolvency Statute 1871" (No. 379), s. 51 — Indorsement of district on petition — Wrong indorsement — No indorsement — Jurisdiction — Amendment.
"The Administration Act 1872" (No. 427), s. 28 — Administration bond — Breach of condition — Non-filing of accounts — Motion to assign — Discretion of Court.
Vendor and purchaser — Sale of land — Conditions of sale — Transfer of Land Statute — Land under general law — Conditions for land under Act — Breach of contract — Rescission — Damages.
"Insolvency Statute 1871" (No. 379), ss. 37 (5) and 45 — Act of insolvency — Notice of objections — "Within twelve days from seizure" — Computation of time — Objection on face of proceedings not included in notice — Technical objection — Costs.
Vendor and purchaser — Sale of land — Conditions of sale — Failure of purchaser to comply with conditions — Forfeiture of deposit — Rescission and resale — Annulling of contract — Subsequent purchaser.
Practice probate — Signature in attestation clause — Affidavit of both attesting witnesses — Materials.
Insurance, policy of — Condition to refer to arbitration — Difference between the company and insured.
Action to recover money paid under mistake of fact.
Practice — "Rules of the Supreme Court 1884," Order XXXII., r. 6 — Application for judgment upon admissions in pleadings — Question of law.
Criminal law — Larceny — Obtaining goods by forged order.
Practice — Appeal to Privy Council — Decision of Full Court on points reserved, appeal from.
Act No. 557 — Instruments and Securities Statute (Bills of Sale 1876), ss. 15, 16 — Contract for letting and hiring — Signature of parties to the contract.
Will — Construction — The Intestate Estates Act 1864 (No. 230) — Will using term "right heirs" before Act No. 230 — Codicil using term "right heirs" after Act No. 230 — Intestacy — Persona designata — Words "right heirs."
Vendor and purchaser — Sale of land — "The Stamp Duties Act 1879" (No. 645), ss. 51 and 63 — Contract of sale — Promissory note — Conveyance in equity — "The Instruments and Securities Statute 1864" (No. 204), s. 107 — Statute of Frauds — Name of party — Formal contract to be drawn up — Tender of formal contract for execution.
"Transfer of Land Statute" (No. 301), ss. 49 and 50 — Action to recover land — Fraud — Adverse possession — Continuous possession — Abandonment of possession — Animus revertendi.
"The Administration Act 1872" (No. 427), s. 25 — Executors' commission — Executor a legatee — Distribution among executors.
"Insolvency Statute 1871" (No. 379), ss. 14, 132-4 — Examination Summons — Witness — Costs — Court of Insolvency — Jurisdiction — Remedy — Writ of Prohibition.
Will construction — Clause against alienation — Absolute gift — Proviso for cesser on alienation.
Practice Probate — "The Probate Act 1887" (No. 928), ss. 4 and 7 — Foreign Probate — Attaching seal of Court — Affidavit of due performance.
Vendor and purchaser — Specific performance — Sale of land — Encumbrances — Statute of Frauds — Memorandum — Material terms — Correspondence — Pleadings — Knowledge by purchaser of encumbrances — Rescission — Return of deposit.
"Local Government Act 1874" (No. 506), ss. 380, 399 — Street in state of nature — Excavation in street — Nuisance by stranger — Knowledge of municipal council — Injury to person lawfully using street.
Landlord and Tenant — Covenants — Breach of covenants — Option of purchase — Condition of exercise of option — Condition precedent — Receipt of rent — Waiver — Estoppel.
Conveyance by husband to wife — "Real Property Statute 1864" (No. 213), ss. 69 and 71 — Married Woman — Conveyance by married woman — Unacknowledged deed — "Married Women's Property Act" (No. 384), ss. 2, 3, and 4 — Power of married woman to dispose of real estate.
"Insolvency Statute 1871" (No. 379) — Insolvency practice — Order nisi improperly taken out — Discharge of order nisi — Costs.
Will construction — Vendor and Purchaser — Sale of land — Devise of land sold to purchaser — Purchase-money.
Probate Practice — Will — Executor incapable of transacting business — Administration c.t.a. — Person entitled to grant — Primogeniture — Majority of interests.
Probate Practice — "The Probate Act 1887" (No. 928), s. 4 — Exemplification of stale probate — Affixing seal — "Shall" — Construction of Act — Discretion of Registrar.
"The Companies Statute 1864" (No. 190), s. 124 — Winding up — Liquidator — Removal of Liquidator — Due cause shown — Applicant's calls unpaid — Proposed liquidator a debtor to Company.
"The Wills Statute 1864" (No. 222), s. 19 — Will — Alteration after execution — "Signature" of testator — Initials of testator.