CHAMBERLAIN v. McWHINNIE16 VLR 1
Act No. 284, ss. 2, 3 — Debtor's summons — Second summons for same debt — Jurisdiction.
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Cases reported in this volume of the Victorian Reports
Act No. 284, ss. 2, 3 — Debtor's summons — Second summons for same debt — Jurisdiction.
Practice — Pleading — Rules of the Supreme Court 1884 — Order XXV., r. 4 — Striking out statement of claim — Reasonable cause of action.
Practice — "Rules of the Supreme Court 1884" — Order IX., r. 1 — Order XIII., r. 2 — Proceedings upon default of appearance — Affidavit of service.
Act No. 284, ss. 2, 3 — Debtor's summons — Second summons for same debt — Jurisdiction.
Practice — Order XV., r. 1 — Application for judgment in default of appearance — Order for accounts — Order XXVII., r. 11.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Specially endorsed writ — Claim against administratrix — Particulars.
"The Judicature Act 1883" (No. 761), s. 3 — Rules of the Supreme Court 1884, Order XLV., r. 9 — Garnishee order — Costs of garnishee — Equitable assignment.
"Local Government Act 1874" (No. 506), ss. 54, 71 — Councillor interested in contract with Council — Ouster from office.
"The Building Societies Act 1874" (No. 493), s. 33, sub-sec. (4) — "The Companies Statute 1864" (No. 190), s. 74, sub-sec. (1) and (2) — Dissolution or winding-up of building society — Form of petition — Inability to pay debts, meaning of — Assignee of judgment debt.
Book debts — Assignment of — Meaning of.
Negotiable securities — Purchaser for value without notice — Fraud — Negligence — Notice of infirmity of title in pledgor.
"The Water Conservation Act 1887" (No. 946), ss. 73, 95, 96, 100, 101, 128 — Powers of commissioners to make a rate — Regulation, form and effect of — Notice, sufficiency of — Evidence of supply of water to district — Water supply district — Retrospective rates — Court where proceedings should be taken.
Marriage settlement — Power of appointment — "After the death of the survivor leaving children" — Exercise of power by deed — Unlimited as to objects of power.
Declaration of Trust — Personalty — Parol declaration — Transfer of Shares — Shares already transferred.
"The Companies Statute 1864" (No. 190) — Company — Prospectus — Capital of Company — Commencement of operations — Insufficiency of capital — Action by shareholder — Misrepresentation in prospectus.
Company — Promoters — Partners.
"Transfer of Land Statute" (No. 301) — Act No. 353 s. 12 — Vesting order — Jurisdiction of Commissioner of Titles — "Statute of Trusts 1864" (No. 234) s. 19 — Jurisdiction of Supreme Court — Notice to person affected — Rules of Lutheran Congregation — Notice of meeting — Time of meeting — Removal of trustee.
Trusts — 44 and 45 Vict., c. 41, s. 32 (1) — Trust property in Victoria — Appointment of new trustee.
Will construction — Mines carried on by testator — Carrying on of mines by trustees — Discretion of trustees — Erection of crushing plant — Sale of mine — Purchase-money — Shares in company purchasing — Probate duty not included in "testamentary expenses" — "Testamentary expenses" — Provision for maintenance of family of children — Discretion of trustees — Allowances to children during lifetime of father — Arrears of allowance at death — Contract — Gift of income of shares carries corpus.
Landlord and tenant — Lessor and lessee — Adjoining lessees — Grant — Right to lateral support.
Practice — "Rules of the Supreme Court 1884," Order XXXVI., r. 3. — "The Judicature Act 1883" (No. 761), s. 28 — Power of judge to rescind exparte order.
Company — Dividends, payment of, out of profits — Capital — Right of individual shareholder to maintain action.
Mortgagor and mortgagee — Policy of life insurance — Interest on premiums paid by equitable mortgagee of policy — Innocent misstatement of age — Retention of underpaid premiums.
"The Administration of Justice Act 1885" (No. 844), s. 8 — Appeal from County Court — Time for appeal.
Habeas Corpus — Child under fourteen — Legal custodian — Power of Court to examine child.
Criminal law — False pretences — Evidence — Subsequent acts of prisoner — Evidence of fraudulent intent on previous occasion.
Marriage and Matrimonial — Petition for divorce — Dismissal of previous petition no bar to fresh petition for fresh acts of adultery — Estoppel.
Company — Calls — Notice of calls, sufficiency of — Registered office.
"The Licensing Act 1885" (No. 857), ss. 98, 99, 125 — Evidence of licensed victualler on his own behalf, in what cases permissible — Sunday trading — Perjury.
"The Judicature Act 1883" (No. 761), s. 30 — Rules of the Supreme Court 1884, Order XXXVI., r. 50 — Form No. 33, App. K. — Reference — Powers of referee.
"The Administration Act 1872" (No. 427), ss. 7 and 10 — "Transfer of Land Statute" (No. 301), ss. 38, 52, 129 (iii.) — Transfer by executor to devisee — Practice of Office of Titles — Evidence that debts paid or provided for.
Vendor and purchaser — Sale by auction — Statements by auctioneer of vendor's intentions as to improvements — Breach of contract.
"The Land Tax Act 1877" (No. 575), ss. 4, 8, 15, 20, 40, and 41 — Land tax — Landed estate — Sale of landed estate — Transfer or conveyance in escrow — Liability of vendor for tax.
Act No. 284, ss. 2, 3 — Debtor's summons — Second summons for same debt — Jurisdiction.
Licensing Act — Admissions made by counsel for defendant in criminal proceedings — Refusal of Court to convict on.
Charter party — Contract — Warranty — Condition precedent — Words of description — "Now lying at port" — Ship and shipping.
Act No. 284, ss. 2, 3 — Debtor's summons — Second summons for same debt — Jurisdiction.
"The Veterinary Surgeons Act 1887" (No. 956), s. 23 — The Interpretation Act, 21 Vict. (No. 22), s. 6 — Person including corporation — Corporation.
Solicitor — Lien for costs — Set-off of cross claims between parties.
"Local Government Act 1874" (No. 506), ss. 169, 392, 393 — Agreement between municipalities for maintenance of roads — Evidence — "The Melbourne Tramway and Omnibus Company's Act 1883" (No. 765), s. 43 — Liability of Tramway Trust — Indemnity to local body.
"The Banks and Currency Statute 1864" (No. 194) — "The Banks and Currency Amendment Statute 1887" (No. 1002), ss. 2, 7 — Foreign banking company trading in Victoria — Penalty for publishing misleading advertisements of its capital.
Lien — Lien of trainer over racehorse — Possession of horse.
"The Public, Health Amendment Statute 1883" (No. 782), s. 131 — Expenses incurred in forming passage — Notice to owner fronting passage — Sufficiency of notice.
"The Public Health Act 1888" (No. 1011), s. 24 — "The Police Offences Statute 1865" (No. 265), s. 30 — Trading on Sunday — Power of police constable to prosecute.
Building regulations — "Local Government Act 1874" (No. 506) — Schedule 13, part 5 — Constructing buildings.
Covenant, breach of — Action for breach of covenant — Covenant to carry on business of hotel "in respectable and business-like manner" — Breach of licensing laws.
Vendor and purchaser — Sale of lands — "The Instruments and Securities Statute 1864" (No. 204), s. 107 — Sale of "my two blocks" — Vendor owner of one block, agent for sale of other — Description of vendor's relation to land — Plaintiff seeking specific performance at one time anxious to get out of contract — Discretion of Court — Reviewing discretion.
"The Licensing Act 1885" (No. 857), s. 70 — Victualler's license — Objections to renewal — Unfitness of applicant.
"The Licensing Act 1885" (No. 857), ss. 35 and 70 — Grocer's license — Renewal — Objections to renewal — Applicant interested in more than one license.
Justices of peace — Police magistrate — Jurisdiction of justices — Information — Stolen goods — Search-warrant — Inquiry as to ownership of goods — Order to review — Justices appearing by counsel — "The Justice of the Peace Statute 1887" (No. 953), ss. 31 (2), 150, 158, and 159 — Schedule 2, Form XI. — "The Criminal Law and Practice Statute 1864" (No. 233), s. 401 — "Police Regulation Statute 1873" (No. 476).
"County Court Statute 1869" (No. 345), s. 5 — County Court jurisdiction — Breach of contract — Contract made out of jurisdiction — Breach occurring within jurisdiction — Shipowners — Consignees — Bill of lading — Special provisions excluding liability for negligence — Negligence.
"Local Government Act 1874" (No. 506), ss. 265, 273 — Valuation of rateable property — Land used for public purposes — Crown grant subject to restrictions — Rifle ranges.
"The Administration of Justice Act 1885" (No. 844), s. 8 — County Court action — Question of law — Appeal — Judge's notes — Objection recorded upon notes — Decision recorded upon notes — Materials upon an appeal.
"The Licensing Act 1885" (No. 857), s. 70 — Grocer's license — No other license in district — Poll of ratepayers — License issued illegally — Renewal of license issued illegally.
Promissory note — Blank left for payee's name — "The Stamp Duties Act 1879" (No. 645), ss. 46, 47, 57, sub-sec. 4 — Cancellation of stamp.
Practice — Pleading — "Rules of the Supreme Court 1884" — Order XIX., r. 15 — Order XXV., r. 4 — Points of law raised on the pleading.
Act No. 284, ss. 2, 3 — Debtor's summons — Second summons for same debt — Jurisdiction.
Lease — Joint-tenants — Action by one joint-tenant against another — Covenant to keep and maintain premises in fair and reasonable condition.
Interrogatories — Answers tending to criminate witness — Penalty under foreign law — "The Federal Council Evidence Act 1886," 49 Vict. (No. 2), s. 2 — Evidence — Foreign laws, proof of — Questions as to married woman's separate estate.
"Survey Boundaries Act 1885" (No. 855), ss. 3, 4, 6 — Discrepancy, meaning of — Error or mistake — Discrepancy between Crown grant and survey boundaries — Fence to be regarded as survey boundary — Obliteration of survey boundaries.
"Survey Boundaries Act 1885" (No. 855), ss., 3, 4, 6 — Survey marks, obliteration of — Survey boundaries, proof of — Fences — Recognition of fence for fifteen years — Owners or occupiers of such parcel of land, meaning of.
Criminal law — Practice — Money found on prisoner at time of arrest — Application for such money for purposes of defence — Time for such application.
Champerty.
"Rules of the Supreme Court 1884" — Order LXIV., r. 7 — Order LVIII., r. 15 — Order XXXIX., r. 4 — Extension of time for notice of motion for new trial — Delay — Authority of solicitor to take further steps after judgment.
"The Public Health Amendment Act 1883" (No. 782), s. 132 — Construction of drains through private premises — Notice — Tenant at will — Trespass.
Policy of insurance — Condition precedent — Submission to arbitration — Pleading.
Practice — "Rules of the Supreme Court 1884" — Order IX., r. 2 — Substituted service.
"The Criminal Law and Practice Statute 1864" (No. 233), s. 64 — Larceny as a bailee — Bailment.
Practice — Pleading — "Rules of the Supreme Court 1884" — Order XIX., rr. 6, 7 — Particulars — Action for malicious prosecution — Denial of allegation in claim.
Joint-debtors, action against — Judgment against one joint-debtor, effect of — Setting aside or reversing judgment against joint-debtor, effect of.
"The Companies Statute 1864" (No. 190), ss. 21, 68 — Table A — Articles 8, 9 — Winding-up — Contributory — Agreement to become member of company — Signing transfer.
"Local Government Act 1874" (No. 506), ss. 308, 309, 310, 312, and 324 — Debentures, "issue" of — Negotiable instruments — First delivery — Deposit in bank — Negligence of bank — Stolen debentures — Bon fide holder for value — Estoppel — Negligence of agent — Bankers' gratuitous bailee — Gross negligence, evidence of — Custody of documents.
Agreement — Time payment system — Vendor and purchaser — Letting and hiring — Property in goods sold on time payment.
"The Intercolonial Debts Act 1887" (No. 959), ss. 1, 3, 7, and 9 — "County Court Statute 1869" (No. 345), s. 90 — Foreign judgment — Action upon foreign judgment — Judgment of foreign court of inferior jurisdiction — Action in Supreme Court — Special remedy — Retrospective Act.
Vendor and purchaser — Sale of land — Sale to syndicate — Trustees for syndicate — Deed of trust — Vendors — Members of syndicate — Action by vendors against trustees of syndicate — Covenants in trust deed — Covenant to indemnify trustees — Appeal — Question not argued below — Costs.
Libel — Finding of jury — New trial.
Libel — Newspaper — Candidate for Parliament — Damages — Excessive damages — New trial — Evidence — Meaning of article.
"The Justices of the Peace Act 1887" (No. 953), s. 163 — Prosecution — Rejection of evidence by justices — Mandatory order.
Infant — Maintenance — Fortune small — Breaking in on corpus.
Banker and Customer — Breach of contract — Special damage — Sharebroker — Trade — Substantial damages.
Practice — "Rules of the Supreme Court 1884" — Order XXVII., rr. 4, 5, 6, 11 — Interlocutory judgment on default of pleading — Setting cause down for assessment of damages — Motion.
"The Divorce and Matrimonial Rules 1885," rr. 31, 32, 33, 35, 44, 114 — Time for delivery of pleading after amendment — Direction of issues of fact, application for — Alterations and amendment of petition, form of.
"The Land Act 1884" (No. 812), s. 120 — Agricultural allotment — Trespass by sheep — "Substantial fence" — Impounding.
"Common Law Procedure Statute 1865" (No. 274), s. 332 — Capias — Grounds for arrest.
"Insolvency Statute 1871" (No. 379) — "The Married Women's Property Act 1884" (No. 828), s. 4 (2) — Married woman — Petition — Order nisi — Name of respondent wrongly stated — Amendment — Service.
"County Court Statute 1869" (No. 345); s. 43 — "Cause of action fit to be tried in Supreme Court."
"The Companies Statute 1864" (No. 190), ss. 83, 87, 88, 149, 154, 157, 176 — Schedule 7 — "The Building Societies Act 1874" (No. 493), s. 33 (IV.) — Building societies — Unregistered company — Winding up, form of, and rules for — Prosecutions in the name of and on behalf of the Association.
Sale of mine — Co-vendors — Middleman — Co-purchasers — Fraudulent misrepresentation — Concealed profit by co-vendor — Concealed profit by co-purchaser.
Vendor and purchaser — Contract for sale of land — Particulars of property sold — Error in particulars — Duration of lease — Reasonable diligence — Compensation clause — Immaterial misdescription — Arbitration clause — Matter of the essence of the contract — Subsidiary matter — Damages — Failure to obtain favourable loan — Remoteness.
"The Public Health Amendment Statute 1883" (No. 712), s. 131 — Notice to owners to do works — Reasonableness of notice.
Melbourne Harbour Trust Regulations, reg. 180 — Navigation of river — Compulsory pilotage — Responsibility of master for negligence of pilot.
Order to review — Act No. 557, s. 16 — Contract of sale — Description of purchaser — Usual and well-known residence.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), s. 87 — "The Divorce and Matrimonial Rules 1885," r. 10 — Substituted service of petition — Discretion of judge to dispense with service.
Act No. 557, ss. 15, 16 — Contract of sale — Contract of letting and hiring — Consideration, inaccuracy in statement of — Interpleader.
"Local Government Act 1874" (No. 506), ss. 54, 71 — Councillor interested in contract with the council — Ouster from office — Association of more than twenty members — Mechanics' Institute.
Costs — "Rules of the Supreme Court 1884" — Order LXV., r. 1 — Application to deprive successful party of costs — Time within which application should be made — "The Land Act 1884" (No. 812), s. 128 — "The Pounds Act 1886" (No. 905), s. 4 — Travelling sheep along a road — Limit of distance within which sheep may depasture.
Banker — Negligence — Debentures lodged with bank for safe custody — Limitation of liability by express contract — Bailee.
City of Melbourne — Private lane — Paving, etc. by corporation — Act 14 Vict. No. 20, ss. 1, 2, 3, 4, 9 and 10 — Act No. 178, s. 65 — Right of user — Right of way — Right to light and air — Window — Statutory dedication in favour of limited persons — Adjoining owner — Contribution to expenses — Estoppel — Costs — Appeal — Point not raised below.
Questions reserved — Jurisdiction of Court — New trial — Vendor and purchaser — Sale of land — Agent of vendor — False representation — Secret profit.
"Local Government Act 1874" (No. 506), s. 273 — Appeal from rates — Time for appealing — Jurisdiction — Waiver.
Criminal law — Assignment of perjury — Corroborative evidence.
Act No. 160 — "The Public Service Act 1883" (No. 773) — Act No. 149 — State school teacher, dismissal of — Public Service Board.
"The Justices of the Peace Act 1887" (No. 953), s. 148 — General Sessions — Case stated — Requiring case — Condition precedent — Adjournment of Court.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), s. 71 — Divorce — Alimony — Permanent maintenance — Decree absolute.
"The Employers' Liability Act 1886" (No. 914), ss. 3 (1) and 4 (1) — Breaking of scaffolding — Injury to workman — Action in County Court — Improper admission of evidence — New trial.
"The Mining Companies Act 1871" (No. 409), ss. 10 and 118 — No-Liability Company — Certificate of incorporation — Essentials to registration — Subscribed capital.
Vendor and purchaser — "The Instruments and Securities Statute 1864" (No. 204), s. 107 — Sale of land — Partnership in land — Joint purchase of land — Sale by owner to himself and another as partners — Verbal agreement — Resulting trust.
"Local Government Act 1874" (No. 506), s. 384 — Natural watercourse — Construction of street — Concentrating water on adjoining land.
Landlord and tenant — Lease granted by tenant for life — Tenant continuing in possession — Receipt of rent by remainderman.
Infants, guardianship of — Testamentary guardian resident out of jurisdiction — Co-guardian, appointment of.
Joint tenants — Grant of right of way by one joint tenant.
Practice — "Rules of the Supreme Court 1884" — Order XIX., rr. 6, 7 — Particulars of reasonable and probable cause — Malicious prosecution.
"Rules of the Supreme Court 1884" — Order III., r. 6 — Specially endorsed writ — Forms — Practice.
"The Landlord and Tenant Statute 1864" (No. 192), ss. 90, 91, and 96 — Landlord and tenant — Arrears of rent — Warrant of possession — Service of notice — Demand of possession — Warrant illegally obtained — Action of trespass.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), s. 71 — Alimony — Periodical sum ordered to be paid to a wife — Jurisdiction.
Will construction — Gift to two legatees — "And in the event of the death of either" without issue — Death of legatee in testator's lifetime — Posterior devise — Alternative gifts.
Promissory note — Surety — Giving maker time — Discharge of surety.
Negligence — Railway contractor — Destruction of wire fencing — Measure of damages — Contract between Railways Commissioner and contractor for the construction of railways — Admissibility in evidence of contract — Action between contractor and third party.
Divorce — Petition by husband against wife — Previous suit — Adultery by petitioner — Cruelty by petitioner — Discretionary bar — Conduct conducing to the adultery.
"Mines Act 1890" (No. 1120), s. 4 — Occupation for mining purposes — Occupation for residence — Unauthorised occupation, penalty for — "Land Act 1890" (No. 1106), s. 113.
"Licensing Act 1890" (No. 1111), s. 148 — Wilful delay in admitting police officer to licensed premises — "Justices Act 1890" (No. 1105), s. 139 — Special case stated by Chairman of General Sessions, form of — Practice — Right to begin.
"County Court Act 1890" (No. 1078), s. 134 — Appeal — Necessary materials for appeal — Computation of time — Meaning of "within seven days after judgment" — Contract for the sale of land — Description of property sold — Statute of Frauds.
Act No. 557, s. 14 — Production of affidavits — Practice in office of Registrar-General.
"County Court Act 1890" (No. 1078), s. 134 — Appeal from County Court — Materials necessary for appeal — Point of law raised at the trial — Nonsuit, appeal from.
Suit for dissolution of marriage by husband against wife — Unfounded countercharges of adultery and cruelty against husband — Wife's costs.
"Marriage Act 1890," s. 74 (b) — Petition by wife against husband — Habitual drunkenness — Habitually "left" the wife without the means of support — Wife earning her own living — Wife having separate estate.
Stock Exchange of Melbourne — Rules — Seat on Exchange, sale of — Death of member — Proceeds of sale of seat.
Act No. 313, ss. 5, 6, 7 — Stock mortgage — Registration — "Station," description of.
Costs — Action for administration of an estate instituted by residuary legatee — Utility of proceedings.
Solicitor — Proceedings instituted without legal authority, costs of.
"The Building Societies Act 1874" (No. 493), s. 22 — Power of building society to lease property — "The Companies Statute 1864" (No. 190), s. 87.
"Justices Act 1890" (No. 1105), s. 40 — Conduct of proceedings before justices — Right of inspector of police to conduct proceedings — Practice.
Criminal law — Practice — Power of Court to adjourn case — Adjournment of criminal trial.
Goods unclaimed in the possession of the Railways Commissioners — Sale of — Proof of sale — By-law.
"Local Government Act 1890" (No. 1112), s. 246 — Places used exclusively for public worship — Rates — Beneficial use.
"The Post Office Act 1883" (No. 781), s. 28 — Detention of letters and packets by Postmaster-General — Official communications with foreign powers — Privilege — "Rules of the Supreme Court 1884" — Order XXXI., r. 14 — Production of documents.
Justices — Power of justices to reinstate case.
Insolvency — Practice — Motion to expunge or reduce debt — Proof of debt — Evidence.
Interpleader — Appeal from County Court — Right of bailiff to appear upon appeal — Costs.
Contract — Fraud and misrepresentation — Rescission of contract — Misapprehension of contracting party as to the subject-matter of contract.
"Local Government Act 1890" (No. 1112), s. 288 — Recovery of rates — "Justices Act 1890" (No. 1105), s. 59 — Jurisdiction of justices.
"The Public Service Act 1883" (No. 773) — Classification of officers — Lockers and weighers — Clerical duties — Mandamus — Delay.
"Insolvency Act 1890," ss. 106 and 110 — Proof of debt — Admission of proof — Proof not yet admitted — Dividend — Proofs subsequently admitted — Trustee or assignee's liability — Rent — Preferential claim.
"Insolvency Statute 1871" (No. 379), ss. 7, 34 and 35 — Partnership — Death of one partner — Sequestration of firm's estate by surviving partner — Jurisdiction of Court of Insolvency — Amendment of order of sequestration by substituting surviving partner's name for name of firm.
"Insolvency Statute 1871" (No. 379), s. 136 — Insolvent's estate — Failure to pay 7s. in the pound — Circumstances for which insolvent not responsible — Land speculation — Evidence — Affidavit of insolvent uncontradicted — Absence of corroboration.
Appeal — Security for costs — Motion — Full Court — Jurisdiction — "The Judicature Act 1883" (No. 761), s. 69 — Order LVIII., r. 15 — Consideration of circumstances of case — Primary judge a member of Full Court.
Goods sold and delivered — Misrepresentation as to character of goods — Fraudulent misrepresentation — "County Court Rules 1881," r. 157 — Defences stated — Proof of plaintiff's case.
"Rules of Supreme Court 1884" — Order XXV., r. 4 — Striking out statement of claim — Reasonable cause — Action for maliciously instituting civil proceedings.
Practice — Divorce proceedings — Particulars of cruelty.
Poundage — Sheriff's right to poundage upon execution of writ of possession — By whom payable — Writ of possession — 3 Geo. I., c. 15, s. 16 — "Common Law Practice Statute 1856" (19 Vict. No. 19), ss. 173, 174 — "Common Law Procedure Statute 1865" (No. 274), s. 295.
Trespass — Support of house by adjoining soil — Prescription — Rights and duties of owner of land which is being excavated — Negligence.
Company — Winding-up — Proof of debt — Mutual debts and liabilities — "The Judicature Act 1883" (No. 761), s. 9 — "The Companies Statute 1864," s. 176.
"Transfer of Land Statute" (No. 301), s. 50 — Mortgage — Machinery — Fixtures — Notice of trusts — Fraud.
Will — Codicil — Dependent relative revocation — "The Wills Statute 1864" (No. 222), s. 20 — Failure of intention.
Vendor and purchaser — Sale of land — Conditions of sale — Breach of contract — Unreasonable delay — Rescission — Damages.
Administration action — Co-trustee — Deceased trustee — Accounts — Misapplication of trust estate.
"Insolvency Statute 1871" (No. 379), s. 37 (9) — Act of Insolvency — Surrendering estate — Filing schedule.
Landlord and tenant — Fixtures.
Ouster from office — "Local Government Act 1890," sec. 51 — Councillor — Interest in Contract — Disqualification.
Consent of trustees to marriage — Discretion — Improper motives — Marriage of cestui que trust without consent of trustee.
Security for costs — No liability company — Poverty.
"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), s. 20 — Settlement — Purchaser in good faith, and for valuable consideration — Conveyance by direction.
Public Service Act (No. 160), ss. 6, 7, 10 and 52 — "The Public Service Act 1883" (No. 773), ss. 2, 18, 89 and 97 — "The Post Office Act 1883" (No. 781), s. 2 — Public servant — Residence in Government buildings — Deduction from salary for rent — Fixing salary — Overtime.
"Instruments Act 1890" (No. 1103), s. 208 — Contract in writing — Agreement for partnership in land — Agreement to jointly purchase land.
"Transfer of Land Act 1890," ss. 236, 237 — Assignee of insolvent estate, application by — Caveat — Insolvent proprietor — Registration.
Appeal to Privy Council — Orders in Council — Costs — Matters in issue.
Supreme Court Act 1890 (No. 1142), s. 261 — Unauthorised person preparing and charging for mortgage — Contempt of Court.
"Patents Act 1890" (No. 1123), s. 33 — Granting patent — Appeal — Appellate tribunal.
Vendor and purchaser — Unpaid vendor — Purchaser in possession — Land tax — Vendor remaining on register — Liability of purchaser to indemnify — Implied contract — "The Land Tax Act 1877" (No. 575), ss. 5, 40, 45, 46, 47, and 55.
Ship and Shipping — Bill of lading — Excepted risks — Unseaworthiness of ship — Charter-party — Demise of ship — Carriage of cargo — Damage — Liability of owners — Liability of charterers — Objection to jurisdiction — Waiver — Service of writ out of jurisdiction — Unconditional appearance at trial — Order XII., r. 30 — Setting aside service.
Vendor and purchaser — Sale of land — Conditions of sale — Requisitions on title — Waiver — Abandonment of waiver.
"The Public Health Amendment Statute 1883" (No. 782), s. 131 — "Owner" — The Public Health Act 1888." (No. 1011), s. 28 — Mortgage to building society — Society registered proprietor — Deed of defeasance — Mortgagor in possession.
Vendor and Purchaser — Sale of land — Agent for sale — Authority of agent — Promissory note payable to agent — Rescission of contract.
Contract for sale of land — Joint contract — Refusal of some purchasers to sign contract — Authority to sign on behalf of other purchasers — Estoppel.
No-liability company — Registration — Incorporation — Non-payment of five per cent. of capital at time of registration — Director — Estoppel.
Act No. 284, ss. 2, 3 — Debtor's summons — Second summons for same debt — Jurisdiction.
"Crimes Act 1890," ss. 158, 159 — Officer of company — False entry — Intent to defraud — Sufficiency of presentment — Criminal law.