Practice probate — Moneys collected by trustees — Decease of trustees — Administration d.b.n.

"Insolvency Statute 1871" (No. 379), s. 71 — Fraudulent preference — Bona fides of creditor.

"Land Act 1884" (No. 812), ss. 27 (8), (10), (13); 29, 68 — Pastoral lease — Resumption of land by Crown — Order in Council — Selection — Payment of fees on application for selection — Petition — "Crown Remedies and Liabilities Act 1890."

Practice probate — Moneys collected by trustees — Decease of trustees — Administration d.b.n.

"Land Tax Act 1890," ss. 3, 4, 6, 7, 10, 15 — Classification — Liability to pay tax on landed estate prior to classification.

Practice — "Rules of the Supreme Court 1884," Order XIV., r. 1 — Application for final judgment — Affidavit in support.

"Rules of Supreme Court 1884," Order XIV., r. 1 — Defect in previous application subsequently cured.

"The Landlord and Tenant Statute 1864" (No. 192), ss. 90, 91, 96, 100 — Landlord and tenant — Warrant of possession — Action of trespass — Demand of possession — Right to possession.

Highway — Travelling sheep — Owner of fenced land adjoining highway — Trespass by sheep — Impounding — Primary judge deciding on point not raised — Appeal.

Trustee and cestui que trust — Solicitor allowed by trustee to receive trust funds — Misapplication by solicitor — Liability of trustee — Negligence of cestui que trust — Negligence.

Practice — "Rules of the Supreme Court 1884" — Order XXXI., r. 11 — Interrogatories — Further answers — Infringement of trade mark.

Practice — "Rules of the Supreme Court 1884" — Order XXXI., r.1 — Interrogatories — Application for leave to administer interrogatories before defence — Payment of money into Court with denial of liability.

Garnishee order nisi — Order nisi for sequestration.

Landlord and tenant — Lease by tenant for life terminating on his death — Continuance in possession by tenant — Receipt of rent by remainderman — Creation of tenancy — Question of fact.

Originating summons — Will, construction of — Codicil — Residuary legatees — Charitable institutions — Proportion of shares in residuary estate — Legacy.

Vendor and purchaser — Land company — Shareholder — Promoter of company — Fraudulent concealment — Concealment of vendor — Form of relief.

Will — Construction of — Trustee — Real estate — Direction to sell within limited period — Directory not mandatory — Jurisdiction of Court — Postponement of sale.

Settled estates — The Real Property Act 1890 (No. 1136), ss. 87, 89 — Sale of settled estates — Payment of proceeds of sale to trustees — Practice.

Transfer of Land Act 1890 (No. 1149) — ss. 85, 86, 134 — Production of certificate of title — Custody of certificate of title by mortgagee — Mortgagor, default of.

Justices of the Peace — Justices Act 1890, sec. 89, sub-sec. 2 — Power of magistrates to award costs.

Transfer of Land Act 1890, ss. 145, 209 — Mandamus on Registrar of Titles to compel registration.

Costs — Bill of costs — Taxation — Solicitor and client — Substitution of bill of costs for one already delivered to client — Signature of bill.

Costs — Solicitor and client — Bill of costs — Taxation — Substituted bill of costs.

"Insolvency Statute 1871" (No. 379), ss. 37 (ii.) and 71 — Debtor hopelessly insolvent — Delivery of whole of property to creditor in consideration of past debt — Threat of action — Intent to defeat creditors — Fraudulent preference — Pressure.

Companies Act 1890 (No. 1074), s. 49 — Table A, r. 37 — Quorum — Company reduced to less than five members — Resolution for winding up — Supervision of Court.

Case reserved for Full Court — Jurisdiction of Full Court — Entry up of judgment — Injunction continued until further order — Further order before judgment drawn up.

Practice — "Rules of the Supreme Court 1884" — Order LIV., r. 24 — Order LVIII., r. 10 — Appeal from decision in chambers.

Transfer of Land Act 1890 (No. 1149), s. 145 — Practice — Proceedings to remove caveat — Costs.

Guarantee — Misrepresentation — Deceit — Uberrimae fidei — Breach of guarantee — Damages.

Practice probate — Joint administrators.

Land tax — "The Land Tax Act 1877" (No. 575) — Vendor of landed estate — Purchaser of allotment less than taxable area — Agreement to pay "rates and other out-goings" — Liability of purchaser for land tax.

Insolvency Act 1890 (No. 1102), ss. 37-38 — Petitioning creditor's debt — Promissory note not due — "Sum due."

Agreement — Promise to pay an annuity — On certain conditions — Consideration.

Land Act 1890, ss. 123, 124 — Grazing licensee — Right of, to maintain action for actual damage.

Poisons Act 1890, ss. 4 and 14 — Justices Act 1890, s. 204 — Sale of poison — Burden of proof that person selling comes within exceptions and exemptions in the Act — Order in writing.

"The Instruments and Securities Statute 1864," ss. 63, 56 — Requisites to constitute document a bill of sale — Sale note with inventory of chattels.

Contract — Contract relating to goods — Breach of contract — Delay — Refusal to perform — Inability to perform declared — Rescission.

Health — Health Act 1890 (No. 1098), ss. 216 (1) and 222 — "House or premises" — Paddock — Suffering a nuisance — Knowledge of servant.

Practice — "Rules of the Supreme Court 1884" — Order XXXI., r. 11 — Interrogatories as to documents after discovery.

Contract — Construction — Special contract — Master and seaman — Discharge — Notice of discharge — Unexpired notice — Desertion.

County Court Act 1890 (No. 1078) — Appeal by motion — Time for appealing — Extension of time — "Rule of the Supreme Court."

Local Government Act 1890 (No. 1112), ss. 3, 257 — Recovery of rates — Owner, meaning of.

Practice — Criminal Law — Crimes Act 1890 (No. 1079) ss. 481, 482, 485, and 486 — Mandamus to compel chairman of General Sessions to reserve a point of law — Chairman of Court of General Sessions — Reservation of question of law at criminal trial.

Practice — Pleading — "Rules of the Supreme Court 1884" — Order XIX., r. 4 — Pleading evidence — Order XXV., r. 4 — Claim disclosing no reasonable cause of action, application to strike out — Action to set aside judgment — Non-service of writ of summons.

Justices Act 1890 (No. 1105), s. 128, sub-secs. (2), (9) — Notice of appeal to Court of General Sessions — Service of notice of appeal — Waiver.

"The Licensing Act 1885," ss. 56, 58 — Order for repairs by inspector — Service of on occupier and not on owner — Right of licensed occupier to recover from owner money expended.

County Court Act 1890 (No. 1078), s. 104 — Removal of County Court judgment to Supreme Court — Stay of proceedings — Appeal.

Practice — "Rules of the Supreme Court1884" — Order III., r. 6 — Order XIV., r. 1 — Specially indorsed writ — Claim for interest — The Supreme Court Act 1890, s. 224.

Practice — Security for costs — No-liability company — Action by liquidator.

Transfer of Land Act 1890 (No. 1149), ss. 19, 55, and 139 — Judgment debtor — Fi. fa. — Lodgment for registration — Estate or interest of debtor not appearing in Register Book — Retention of fi. fa. in Titles Office — Mortgage — Lease from Crown — "Register Book" — Priority of registration.

Injunction to restrain use of firm's name — Employee of established firm setting up independent business — Intention to deceive.

Wrongs Act 1890 (No. 1160), ss. 14 & 15 — Liability for death wrongfully caused — Damages — Assessment by jury — Jurisdiction of judge.

Vendor and purchaser — Sale of reversionary interest — Investigation of title — Balance of purchase-money — Debt.

Will — Request of money in specified banks — Deposits in building societies — "Money and valuables."

"Rules of the Supreme Court 1884" — Order XLV., r. 1 — Attachment of debts — Garnishee.

Practice — "Rules of the Supreme Court 1884" — Order LXIV., r. 14 — 9 & 10 Wm. III., c. 15 — The Supreme Court Act 1890 (No. 1142), s. 149 — Application to set aside award — Reasonable time — Reference to arbitration.

County Court Act 1890, ss. 68, 133 — Appeal — Rehearing by Supreme Court judge — Power of judge who rehears to award costs — Power of a County Court judge to grant injunction.

Companies Act 1890, s. 93 — Winding up — Contributories — Shares described as fully paid up.

Local Government Act 1890, ss. 401, 405, 410, 449 — Negligence — Hole with insufficient fence.

Marriage Act 1890 (No. 1166), ss. 43 and 50 — Order for maintenance — Order for security.

"The Companies Statute 1864" (No. 190) — Company — Shares — Vendor and Purchaser — Execution of transfer to purchaser — Vendor's name still on share register — Statements by company's secretary, how far binding on company.

Vendor and Purchaser — Contract of sale of land — Description of purchaser — "Grimwood & Co." — Instruments Act 1890 (No. 1103), s. 208 — Part performance — "Instruments Act 1890" (No. 1103), s. 209 — Retrospective enactment — Agent authorised in writing.

Administration action — Will construction — Costs — Fund out of which payable — Residuary devise.

Instruments Act 1890 (No. 1103), ss. 133, 134, 135 — Bills of sale — Notice of intention to file — Residence and occupation of grantor — Registration — Residence of attesting witness — Affidavit of due execution — Variation between affidavit and bill of sale or notice of intention to file — Purchaser from grantee of bill of sale not duly filed.

"Transfer of Land Statute" (No. 301), ss. 42, 84, and 85 — Mortgage — Power of sale — Demand and notice — Notice of sale given prior to registration — Effect of registration.

Company — Action by shareholder — Directors — Power to borrow money — Irregularity in exercise of power to borrow — Want of parties.

Customs and Excise Duties Act 1890 (No. 1082), Schedule 2 — Consolidation Acts 1890 — Acts Interpretation Act 1890 (No. 1058), Part II. — Alteration in previous law by Consolidating Act — Effect of alteration on matters occurring after Consolidating Act — Meaning of Consolidating Act doubtful, or difficulty — Duty on "Yarn."

Practice — Interrogatories — Information of agents or servants.

Detinue — Lodgment of deeds to secure account — Ambiguity — Parol evidence — Joint account at bank — Admission of evidence.

Transfer of Land Act 1890 (No. 1, 149), ss. 209, 139 — Effect of lodging copy writ of fi. fa. on Registrar of Titles — Charge on the land — Registration of bona fide transfer within three months after lodging copy writ of fi. fa.

Contract — Want of authority to make contract — Principal and agent — Onus of proof.

"Rules of Supreme Court 1884" — Order XLV., r. 1 — Appendix B., No. 25, par. 4 — Garnishee — Form of affidavit.

Police Regulation Act 1890, ss. 20, 21, 35, 37 — Superannuation — Certificate signed by two members of a board consisting of three persons — Power of Governor in Council to superannuate a member of the police force.

Criminal Law — Bigamy — Mens rea — Honest belief on reasonable grounds of the invalidity of first marriage — Evidence — Statements made to prisoner by first wife — Evidence Act 1890 (No. 1088), s. 52 — Statement by prisoner to jury.

Real Property Act 1890 (No. 1136), s. 23 — Tenant at will — Adverse possession — Statute of Limitations — Infancy — Trustee of infant in possession — Recovery of land.

Marine Act 1890 (No. 1165), s. 13 — Meaning of "Owner" — Service of notice on master of ship — Removal of wreck — Reasonable notice — Beneficial owner.

Insolvency Act 1890 (No. 1102), s. 35 — Voluntary sequestration of partnership firm on petition of one partner — Setting aside order for sequestration — Delay — Discretion of Court.

"Rules of Supreme Court 1884" — Order XIV., r. 2 — Order LXX., r. 1.

Practice — Judgment creditor — Attaching debt under garnishee order — Debts due or accruing — Order to review — Justices Act 1890 (No. 1105), ss. 117, 119, 141 — Right of judgment debtor to take out order to review — Person aggrieved.

Poisons Act 1890 (No. 1125) s. 14 — Sale of poison — Entry in book — Order signed by purchaser.

By-law for regulating traffic — Lingering or loitering in street — Sale of commodity in street.

Practice — Interrogatories — Inquiries as to information, or knowledge of servants or agents.

"Rules of Supreme Court 1884" — Order XIV., r. 1 — Order LIV., r. 4* — Stay of proceedings — Setting aside judgment.

"Rules of the Supreme Court 1884" — Order XIX., r. 27 — Striking out — Slander — Pleading of defendant in same paragraph of defence.

Licensing Act 1890, ss. 128, 182 — Customs and Excise Duties Act 1890, Schedule 13 — Wine and spirit merchant selling liquor in quantity less than permitted by his license.

Vendor and purchaser — Sale of land — Conditions of sale — Breach of contract — Unreasonable delay — Rescission — Consent of both parties — Damages.

Libel — Wrongs Act 1890 (No. 1160), s. 5 — Questions for jury — Sufficiency of amount paid into Court by way of amends.

Contempt of Court — Comments in newspaper on action pending new trial — Libel.

Per A'BECKETT and HOOD, JJ. (HIGINBOTHAM, C.J., dissentiente)

"Rules of Supreme Court 1884" — Order LXV., r. 14 — Set-off — Solicitor's lien — Separate proceedings.

Action for non-delivery of scrip — Measure of damages — Market value of shares — Time at which market value should be fixed.

"Rules of the Supreme Court 1884" — Order XXXI., r. 1 — Order LXVIII., r. 1 — Administration and Probate Act 1890, ss. 21, 44 — Probate — Caveat — Interrogatories.

Supreme Court Act 1890, s. 20 — Probate — Executors resident out of jurisdiction — Power of court to require security from executors out of jurisdiction.

Malicious prosecution — Want of reasonable and probable cause — Defendant continuing prosecution after explanation by plaintiff.

County Court Act 1890 (No. 1078), s. 133 — Appeal from order refusing new trial in County Court — Security to be lodged — Practice.

Sale of mine — Vendor and purchaser — Middleman — Fraudulent misrepresentation — Profit obtained by false representation.

Partner's — Assignment for benefit of creditors — Assignment executed by one partner — Agency — Implied authority of partner.

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), ss. 71, 79 — Alimony — Periodical sum ordered to be paid to a wife — Jurisdiction.

Will construction — Gift of income to trustee for maintenance of mother and children — Children attaining majority — Marriage and foris-familiation of daughter — Discretion of trustee as to amount for maintenance.

Practice probate — Order nisi — Testamentary capacity — Primary judge admitting codicil to probate — Doubt of primary judge — Appeal on question of fact — Suspicious circumstances attending execution of codicil — Costs of caveatrix — Discretion of Court.

Promissory note — Alleged payment to payee since deceased — Uncorroborated evidence of maker — Evidence of interested party — Admissibility of evidence — Weight of evidence — Statements by deceased person — Usual conduct of deceased.

Police Offences Act 1890 (No. 1126) s. 37 — Sweep or lottery — Sweep promoted in foreign country — Agreement between persons in Victoria to subscribe to — Legality of sweep in foreign country — Action to recover share of the winnings.

Insolvency — Act 5 Vic., No. 17, ss. 31 & 97 — Foreign insolvency — Discharge of debt — Prohibition of action against insolvent — Lex loci — Lex fori.

Bill of sale — Consideration — Collateral agreement — Instruments Act 1890 (No. 1103), ss. 134-5 and 146 — Condition.

Plaintiff suing in form pauperis — Costs — Costs against pauper.

Companies Act 1890 (No. 1074), s. 236 — No liability company — Directors — Dividend payable out of capital — Liability of directors.

Instruments Act 1890 (No. 1103) s. 209 — Sale of land — Rectification of written instrument — Specific performance of rectified instrument — Parol variation — Part performance.

"Rules of the Supreme Court 1884" — Order XXVIII., r. 6 — Amendment — Unexplained delay in application for.

Practice — County Court Act 1890 (No. 1078), s. 51 — Application to remit case to County Court — Visible means of paying costs — Affidavit in support of application.

Practice — "Rules of the Supreme Court 1884" — Order XXXVI., rr. 39, 42 — Order XLII., r. 2* — Party entitled to judgment — Separate judgments in same action.

"Rules of the Supreme Court 1884" — Order LVII., r. 7 — Order LXV., r. 27 (41) — Interpleader issue — Costs where special order made.

Companies Act 1890, ss. 128, 129 — Voluntary winding up — Setting aside return of liquidator.

Practice probate — Moneys collected by trustees — Decease of trustees — Administration d.b.n.

Bill of sale — Nonsuit — Justices Act 1890 (No. 1105), s. 98 — Interpleader — Appeal from order — Bill of sale — After acquired goods ejusdem generis with goods enumerated in schedule — Schedule to bill of sale — Articles used in connection with business.

Life assurance — Warranty not to die by one's own act — Suicide — Untrue statement in application — Negligence of agent — Estoppel.

"The Companies Statute 1864" (No. 190) — Memorandum of association — Objects for which company formed — Contract ultra vires of the directors — Illegality — Action on a void contract.

"Local Government Act 1874" (No. 506), ss. 276 and 384 — Construction of road — Side drains — Natural watercourse across road — Concentrating water into natural watercourse — Damage to adjoining lands.

Health Act 1890 (No. 1098), s. 234 — Notice to form, etc., street — Plan endorsed.

Local Government Act 1890 (No. 1112) — Shire council — Misfeasance — Action against council — Plaintiff alleging no interest — Amendment.

Partition Act 1890 (No. 1190) ss. 3, 4, and 5 — Tenants in common — Action for sale by one — Request by other for order for valuation and purchase — Purchase of share of party desiring sale.

Uncertificated insolvent — Debts contracted after sequestration with knowledge of trustee and creditors — Priority of subsequent creditors.

Stamps Act 1890 (No. 1140), ss. 68, 76, 77, 87 — Promissory note — Duly cancelled stamp — Presumption in favour of bon fide holder — Cancellation of duty stamp.

Lease — Assignees of lease — Privity of contract — Mortgage — Option of purchase in mortgagee — Covenant clogging equity of redemption.

Libel — Words necessarily libellous — Finding of jury where the presiding judge leaves it to the jury to say whether certain words are libellous or not.

Marriage Act 1890 (No. 1166), s. 43 — Jurisdiction of justices in court of petty sessions — Order for maintenance of deserted child.

Attachment of moneys found upon prisoner before conviction — Money in possession of police — Garnishee.

Mines Act 1890 (No. 1120), s. 210 — Appeal from Court of Mines — Companies Act 1890 (No. 1074), Part II., ss. 250, 303 — Winding up by Court — Voluntary winding up — Company not having debts.

Informer — Right to lay an information for offences against the public at large — Practice in orders to review.

Contract — Consideration — Continuing offer — Forbearance by plaintiff to sell stock in consequence of offer by defendant.

Mines Act 1890 (No. 1120), s. 265 — Meaning of words "upon the hearing" — Certiorari.

Arbitration — Award made by two out of three arbitrators — Reception of affidavit made by barrister who acted as arbitrator.

"The Mining Companies Act 1871" (No. 409), ss. 50 and 118 (5) — "The Forfeiture of Mining Shares Validating Act 1882" (No. 742), s. 7 — No-liability company — Call — Notice of day call payable — Reasonable notice — Forfeited shares — Advertisement of sale — Postponement of sale — Forfeited shares not sold — Fresh resolution for sale — Fresh day appointed for sale — Fresh right to redeem.

"The Land Act 1884" (No. 812), s. 65 — Land Act 1890 (No. 1106), s. 65 — License of auriferous land — Vendor and purchaser — Tenure stated at auction sale — Mistake of purchaser — Vendor having no title at time of sale — Specific performance — Condition of license — Enclosing with good and substantial fence — Renewal of license — Expiry of time for sending in requisitions — Negotiations as to title after time gone by — Waiver — Sale of more than 20 acres of auriferous land — Compensation clause — Deficiency in area — Void sale.

Transfer of Land Act 1890 (No. 1149) — Lessor and lessee — Covenant not to sub-let without lessor's consent — Sub-lease without consent — Covenant to pay rent — Sub-lease not registered — Action to recover rent — Subsequent registration of sub-lease — Use and occupation.

"The Land Tax Act 1877" (No. 575) — Land tax — Vendor of landed estate — Purchaser of allotment less than taxable area — Liability of purchaser for land tax.

Practice — Order XXXVI., rr. 32 and 33 — Trial of action — Absence of counsel — No appearance for plaintiff through mishap — Judgment for defendant, with costs — Application to reinstate the case.

The Companies Act 1890 (No. 1074) — Issue of paid-up shares — Shares — Contributories — Memorandum of association.

Marriage Act 1890 (No. 1166), ss. 87, 96 — Order for permanent alimony — Attachment for non-payment of alimony — Jurisdiction — Form of order.

Marriage Act 1890 (No. 1166), s. 86 — Dissolution of marriage — Adultery of wife — Husband's conduct conducing to adultery — "Wilful misconduct."

Trustees — Breach of trust — Wilful default — Accounts on the footing of wilful default — Loss to the estate.

Administration action — Order XVI., r. 33 — Parties — Action by one next-of-kin, others not joined — Foreign administration — Foreign estate — Administrator within jurisdiction.

Trade Marks Act 1890 (No. 1146), s. 6 — Trade mark — Label — Parts in common use — Whole distinctive — Infringement of trade mark — Registration for five years — Defence — Trading on reputation of plaintiff — Injunction.

Vendor and purchaser — Land company — Shareholder — Promoter — Concealment — Misrepresentation — Concealment of vendor — Form of relief — Qualified rescission — Restitution — Indemnity — Damages.

Marriage Act 1890 (No. 1166), s. 74 (c.) — Dissolution of marriage — Frequent convictions for crime — Imprisonment in aggregate for three years or upwards.

Vendor and purchaser — Contract for sale of land — Assignee of purchaser — Promissory notes of assignee — No release of purchaser — Dishonour of promissory notes — Conditions of sale — Material alterations after assignment — Re-sale on default — Deficiency in price — Waiver against purchaser.