IN RE DIXSON18 VLR 1
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
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Cases reported in this volume of the Victorian Reports
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
Defamation — "Rules of the Supreme Court 1884" — Order XXII., r. 1 — Action of slander — Denial of liability — Payment of money into court — Order XXXVI., r. 37 — Particulars of evidence in mitigation of damages.
Interrogatories — Objection to answer on ground that answers tend to criminate — Editor of newspaper.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Specially endorsed writ — Order XIV., r. 1 — Application for final judgment — Promissory note — Claim for interest — Instruments Act 1890 (No. 1103), s. 58.
Local Government Act 1890 (No. 1112), s. 51 — Shires Statute (No. 358), s. 45 — "Local Government Act 1874" (No. 506), s. 54 — Councillor concerned in profit in contract with council — Rule nisi to oust such councillor.
Stamps Act 1890 (No. 1140), s. 77, sub-sec. 1; sec. 87, sub-sec. 4 — Companies Act 1890 (No. 1074), s. 48 — Promissory note made by company — "Duly stamped."
Money paid under mistake of fact — Notice or demand.
Stamps Act 1890 (No. 1140), ss. 70, 71, 93, 97 — Stamp duty — Cancellation of contract for sale of land — Re-transfer of land to vendor — Sale.
Insolvency Act 1890 (No. 1102), sec. 37, sub-sec. 8 — Lunatic.
"Land Act 1884" (No. 812), ss. 27 (8), (10), (13), 29, 68 — Pastoral lease — Resumption of land by Crown for mining purposes — Payment of fees on application for selection — Order in Council ultra vires.
Supreme Court Act (No. 1142), s. 85 — Wilful neglect of defendant to appear — Affidavit, sufficiency of — Practice.
New trial — Verdict against evidence — Report of judge — Practice — Testamentary capacity.
Marine Act 1890 (No. 1165), ss. 177, 183, sub-sec. (2) — Service of report on preliminary inquiry — Cancellation of certificate — Default in navigation — Gross misconduct — Evidence Act 1890 (No: 1088), s. 53 — Statement by witness before Marine Court — Certiorari, ground for quashing proceedings upon.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., rr. 1, 2 — Specially endorsed writ — Application for final judgment — Service of exhibits referred to in affidavit — Demand of debt before action.
Practice — Writ specially endorsed — Application for judgment — Amendment of endorsement after summons taken out — Rules of the Supreme Court 1884 — Order III., r. 6 — Order XIV., r. 1.
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
Marriage Act 1890 (No. 1116), s. 48 — Illegitimate child — Corroboration of mother's oath — Evidence.
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
Quo warranto — Officers in Public Service — Act No. 160, s. 21 — "The Public Service Act 1883" (No. 773), s. 2 — Rights and privileges — Public Service Act 1890 (No. 1133), s. 2 — Promotion.
Water Act 1890 (No. 1156), ss. 103, 104 — Rates — Notice, objections to — Regulation, effect of — Supply of water to district — Retrospective rates.
Local Government Act 1890 (No. 1112), ss. 246, 248 — Valuation of rateable property — Land used for public purposes — Crown grant subject to restrictions — Rates — Hypothetical tenant.
Contract — Good consideration — Undertaking by wife to conduct herself in a respectable, orderly, and virtuous manner.
Justices Act 1890 (No. 1105), s. 23, sub-sec. (1) — Service of summons — "Place of business."
Water Act 1890 (No. 1156), ss. 483, 525 — Recovery of rates — Right of council or local governing body to sue in its own name.
Marriage and matrimonial — Practice — Marriage Act 1890 (No. 1166), s. 111 — Divorce — Application for payment of money into Court for investigation of petitioner's case.
Mortgagor and mortgagee — Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 (F.) — Specially endorsed writ — Action by mortgagee against mortgagor for possession of land — Tenancy created by deed of mortgage — Attornment — Landlord and tenant — Order XIV., r. 1.
Practice — "Rules of the Supreme Court 1884" — Order XIV., r. 1 — Order III., r. 6 — Specially endorsed writ — Claim for interest.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Specially endorsed writ — Claim for interest under guarantee — Order XIX., r. 11 — Date of delivery on writ specially endorsed — Order XIX., r. 4 — Signature to pleadings.
Vendor and purchaser — Sale of land — Title — Implied obligation to make a good title — Conditions of sale — Excluding liability — No title to portion of land sold — Compensation.
"The Mining Companies Act 1871" (No. 409), ss. 54 and 56 — Companies Act 1890 (No. 1074), ss. 309 (5) and 247, s. 248 — No-liability company — Non-payment of call — Forfeiture of shares — Call made by unqualified directors — Qualification of directors — Forfeiture of directors' shares — Redemption of shares — De facto directors — Conversion of property — Measure of damages.
Insolvency Act 1890 (No. 1102), s. 73 — Fraudulent preference — Effect of Act on previous law — Debtor hopelessly insolvent — Knowledge of creditor — Pressure by creditor — Question of fact — Appeal to Full Court.
Married Women's Properly Act 1890 (No. 1116), ss. 3 and 4 (2) — Appeal to Full Court — Question of fact — Purchase in name of stranger — Resulting trust — Purchase in name of wife — Evidence of intention — Married woman — Acceptance of trust — Proof of separate estate.
Marriage and matrimonial — Marriage Act 1890 (No. 1166), s. 74 (a) — Dissolution of marriage — Desertion during three years and upwards — Separation deed — Improvident deed — Consent.
Statute of Frauds — Contract relating to land — Written instrument — Mutual mistake — Unilateral mistake — Rectification — Specific performance of rectified instrument.
Imprisonment for debt — Fraudulent Debtors Act 1890 (No. 1100), s. 22, sub-sec. (2) — Neglect to pay — Means and ability — Order of commitment — Justices Act 1890 (No. 1105), s. 147 — Amendment.
The Medical Act 1890 (No. 1118), s. 11 — Medical or surgical name or title — Oculist.
Imprisonment for debt — Fraudulent Debtors Act 1890 (No. 1100), s. 22 — Schedule IV., Form I. — Notice to appear.
Husband and wife — Marriage Act 1890 (No. 1166), s. 74 (a) — Dissolution of marriage — Desertion during three years and upwards — Cruelty of husband — Wife leaving home — Desertion of husband — Subsequent mutual agreement — Suspension of cohabitation — Acts of husband.
Interpleader — Assignment for benefit of creditors — Bill of sale — Instruments Act 1890 (No. 1103 ), s. 132 — Non-execution of deed of assignment by creditors — Employment of debtor to realise estate — Debtor allowed to remain in possession of property.
"Legal Profession Practice Act 1891" (No. 1216), ss. 10, 11 — Admission of solicitors qualified elsewhere than in Victoria — Qualifications for admission to practice as barristers and solicitors.
Criminal law — "The Crimes Act 1891" (No. 1231), s. 33, sub-secs. 1 and 2 — Indecent assault upon a child — Testimony of child — Corroboration.
Ship and shipping — Bill of lading — Discharge of goods into lighters — Right of master or agent to make contract for consignee — Consignee — Abandonment, effect of on right to sue — Lighterman — Common carriers.
Promissory note — Notice of dishonor — Instruments Act 1890 (No. 1103), s. 50, sub-secs. 12, 13 — Banks and Currency Act 1890 (No. 1164), ss. 17, 18 — Bank holidays.
The Administration and Probate Act 1890 (No. 1060), s. 116 — Duty chargeable on property devised to widow — Exemption from duty — Victorian property — Foreign assets.
Appeal from County Court — County Court Act 1890 (No. 1078), ss. 96, 133 — Appeal from order for new trial made by County Court judge.
Husband and wife — Marriage Act 1890 (No. 1166), s. 111 — Application for payment of money into Court.
Negligence — Contributory negligence — Passenger in railway carriage — Evidence.
Building contract — Contract under seal — Departure from contract — Parol variation fully performed — Provision for employment of particular architect — No provision for another architect in case of inability to act — Implied condition — Condition precedent — Novation of contract — Nudum pactum — Variation of contract — Errors of account.
Probate practice — Duplicate wills — Evidence of identity — Alterations and obliterations — Examination with microscope — Name in full of attesting witness — Residence of attesting witness — Solicitor — Solicitor's clerk.
Petition under "Statute of Trusts 1864" (No. 234) — Order LII., r. 16 — On whom intended to serve petition — Amending petition after order made — Lunatic trustee — Petition to appoint new trustee — Service on lunatic.
"The Explosives Act 1885" (No. 853), s. 7 — Explosives Act 1890 (No. 1090) — "The Ammunition Factory Act 1889" (No. 1022) — General Act inconsistent with special Act — License to manufacture ammunition.
Auction Sales Act 1890 (No. 1065), ss. 3, 21 — Order to review conviction for selling by auction after sunset — Sale by auction.
Trade Marks Act 1890 (No. 1146), s. 13, sub-sec. 2 — Liability of a corporation to be guilty of offence under this section — False trade description applied to goods — Meaning of goods for sale.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Specially endorsed writ — Banker's account — Particulars — Claim for interest.
Instruments Act 1890 (No. 1103), ss. 134, 135 — Fifth Schedule — Bill of sale — Notice of intention to file bill of sale — Consideration — Particulars to be stated in notice.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Specially endorsed writ — Claim for interest on promissory note — Instruments Act 1890 (No. 1103), ss. 58, 207 — Supreme Court Act 1890 (No. 1142), s. 224 — Order XIX., r. 11 — Date of delivery on writ specially endorsed.
County Court Act 1890 (No. 1078), s. 88 — Prohibition — Judgment signed by judge — Initials of judge — Judgment read by registrar after expiration of term of office of judge — Practice.
Notice of action — Railways Act 1890 (No. 1135), s. 119 — Sufficiency of — Whether notice clearly and explicitly set forth "nature of intended action and cause thereof."
Instruments Act 1890 (No. 1103) — Part VI. — Act No. 557 — Act 13 Eliz., c. 5 — Sale to defeat, etc., creditors — Consideration — Bill of sale — Absolute transfer — Necessity for filing.
Real Property Act 1890 (No. 1136), s. 19 — Statute of Limitations — Intestacy — Death before Intestates Act 1864 (No. 230) — Rule to administer goods — Administrator taking possession of land — Trustee for heir-at-law — Land remaining unoccupied.
"Supreme Court Act 1891" (No. 1208), s. 5 (1) — Jurisdiction of single judge to hear orders to review — Local Government Act 1890 (No. 1112), s. 293 — "Local Government Act 1891" (No. 1243), s. 66 — Rates — Recovery of arrears of rates — Demand of payment of rates.
The Mines Act 1890 (No. 1120), ss. 301, 303 — Mining on private property — Lease from owner of land — Lease from Crown — Right of owner under original lease — Trespass.
"The Land Act 1884" (No. 812), ss. 32, 38 (2) and 53 — Lease of grazing area — Assignment of lease subject to consent of Board of Land and Works — Written consent — Consent previous to registration — Illegality.
Instruments Act 1890 (No. 1103), s. 208 — Statute of Frauds — Parol agreement to lease a house for five years — Alteration of premises as agreed — Part performance — Unequivocal acts — Acts admitting of compensation.
Will construction — Trusts of will — Legal estate — Order XXV., r. 5.
Will — Executors — Direction to sell and convert within twelve months — Postponement of sale by Court.
Employers and Employs Act 1890 (No. 1087), s. 38 (1) — Defect in plant or machinery — Proximate cause of accident — Negligence of fellow servant.
Husband and wife — Marriage Act 1890 (No. 1166), sec. 74, sub-sec. (b).
Building Societies Act 1890 (No. 1068), sec. 29, sub-sec. 3. — Voluntary dissolution — Judgment obtained against society — Stay of execution — Rights of creditor after proceedings for voluntary dissolution have commenced.
Company — Rectification of register — Shares held in trust until transfer — Transfer of shares by trustee.
Insolvency Act 1890 (No. 1102), secs. 76, 77 — Supreme Court Act 1890 (No. 1142), sec. 104 — Foreign attachment — Seizure without sale by sheriff — Subsequent sequestration of debtor's estate.
Defamation — Evidence — Public policy — Objection to produce by head of public department — Secondary evidence.
Appeal from County Court — The County Court Act 1890 (No. 1078), s. 134 — Appeal from decision in Chambers — Summons, irregularity in — Practice.
Negligence — Damages — Assessment of damages by jury, direction as to — Evidence.
Practice — Summons, copy signature of judge to be attached thereto — Jurisdiction — Second summons in same action — Recital of affidavits in order of judge — Irregularity — Res judicata — Abuse of the process of the Court.
Marine Act 1890 (No. 1165), s. 183 — Charge of misconduct — Evidence Act 1890 (No. 1088), s. 53 — Competent witness — Certiorari — Want of jurisdiction — Refusal to hear evidence.
Companies Act 1890 (No. 1074) s. 36 — Rectification of register — Transfer of shares — Execution of transfer by transferror and transferree — Discretion of directors to assent to transfer — Acts of secretary not binding on company — Jurisdiction of Court to assent to transfer after liquidation.
The Licensing Act 1890 (No. 1111), s. 25 — Meaning of the word "township" — Roadside victualler's license.
The Licensing Act 1890 (No. 1111), s. 203 — Certiorari to quash determination of Licensing Court — Privative section — Effect of.
Interrogatories — "Rules of the Supreme Court 1884" — Order XXXI., rr. 25, 26 — Several defendants — Deposit of 5l. — Dispensing with payment — Discretion — Practice.
Practice — Refreshers to counsel — "Rules of the Supreme Court 1884" — Order LXV., r. 27, sub-r. 48 — Meaning of word "day."
Criminal law — Perjury — Evidence given coram non judice — Police Offences Act 1890 (No. 1126), s. 41, sub-sec. 12 — Frequenting a place of public resort with intent to commit a felony.
Building contract — Final certificate of architect.
Companies Act 1890 (No. 1074), sec. 154 — Rules — Winding up — Payment through Court to liquidator of moneys due to different shareholders by one cheque.
Practice probate — Will on several pages — Execution on first page.
Marriage Act 1890 (No. 1166), s. 40 — Guardian of property of infant — Right of mother to appoint — Procedure where infant is possessed of large property.
Banker — Agent — Following trust moneys — Banking company employed to collect rents — Fiduciary relation.
Practice — "Rules of the Supreme Court 1884" — Order XII., r. 30 — Order LIV., r. 10* — Setting aside service of writ out of jurisdiction — Whether by motion or summons.
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
Instruments Act 1890 (No. 1103), s. 134, 135 — Bill of sale — Notice of intention to file bill of sale — Particulars of property described in bill of sale varying from those in notice of intention to file.
Security for costs — Appeal — Practice — "Rules of the Supreme Court 1884" — Order LVIII., r. 15.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 5, sub-s. IV. (c).
Evidence — Cross-examination as to credit — Oaths and Evidence Act 1890 (No. 1181), ss. 9, 12.
Practice probate — Order nisi — Trial by jury — Application for jury.
Wills Act 1890 (No. 1159), s. 24 — Devise of land — Devise of real estate in a particular place — Leasehold estate in such place.
Practice probate — Will and codicils — Will revoking previous wills — Subsequent codicil to prior will — Reviving of prior will.
"The Companies Statute 1864" (No. 190) — Limited company — Agreement to form company — Delegation to solicitor of general power to frame memorandum and articles — Memorandum with greater powers than those agreed — Allotment of scrip — Duty of shareholder — Calls — Delay in repudiation of shares.
Practice probate — Will — Misnomer of executor — Latent ambiguity — Evidence of testator's intention.
Orders LIV., r. 24, LVIII., r. 15, and LXIV., r. 7 — Originating summons — Order in Chambers — Appeal — Time for appealing — Extension of time.
Copyright Act 1890 (No. 1076), ss. 21 and 25 — Copyright — "Book" — Pamphlet — Compilation from public registries — Labour, time, and skill — Piracy — Requirements of entries for registration of "book" — Daily and weekly issue of periodical — One registration only — Copyright in result of services of clerk — Injunction.
Company — Suit by shareholder on behalf of himself and other shareholders — Transactions entered into with strangers — Ultra vires — Parties — Form of suit.
Will — Charitable bequest — Charity ceasing to exist — Cy pres doctrine — Lapse — Compromise for benefit of charity — Sanction of Court.
Company — Provisional directors, misrepresentation by — Prospectus, misrepresentation by — Misrepresentation — Concealment of vendor — Action by company for calls — Defence — Action by shareholder for relief — Delay — Laches — Winding up.
Insolvency — Assignment by creditor of debt after sequestration of debtor's estate — Notice — Right to prove.
Criminal lam — Bigamy — Evidence — Forged consent to marriage of minor — Marriags Act 1890 (No. 1166) — Bon fide belief that forged content to a first marriage rendered it invalid.
Practice probate — Order nisi — Discovery of documents.
Insolvency — Practice — The Insolvency Act 1890 (No. 1102), s. 37, sub-sec. V. — Time within which petition should be presented — Computation of time — Rules under the Insolvency Act 1890, r. 4.
Will — Construction — Gift to individuals or a class.
Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order IV., r. 1 — Order XIV.; r. 1 — Order XIX., r. 4 — Specially indorsed writ — Address of plaintiff — Signature — Amendment.
Practice — "Rules of the Supreme Court 1884" — Order XXXVIII., r. 6 — Supreme Court Act 1890 (No. 1142), s. 90 — Affidavit sworn in New South Wales — Commissioner for taking affidavits out of Victoria — Evidence of authority.
Practice — Pleading — Inconsistent counterclaim.
"Rules of the Supreme Court 1884" — Order XXXVI., rr. 5 and 6 — Application to have case tried by jury.
Health Act 1890, No. 1098, sec. 234 — Notice to form streets, form of — Plans and specifications, inspection of — Power of justices to question witnesses after close of case.
Probate duty — Administration and Probate Act 1890, No. 1060, s. 97 (i) and (ii) — Partnership assets — Foreign domicile.
Lunatic — Contract with lunatic — Inadequacy of consideration — Unfair contract.
Health Act 1890 (No. 1098), ss. 302 and 303 — Notice, service of.
Contract — Reasonable time for delivery — Assignment of work of art.
Foreign company — Proof of incorporation — Contract to deliver publication of work in parts — Reasonable time — "Federal Council Act 1886."
Will — Testamentary capacity — Onus of proof.
Practice probate — Intestacy — Next of kin — Curator.
Practice probate — Affidavit — Description of deponent — Judicature Rules — Order XXXVIII., r. 8 — Order LXVIII, r. 1.
Husband and wife — Marriage Act 1890 (No. 1166), ss. 74 and 86 — Dissolution of marriage — Adultery of petitioner — Connivance of respondent at petitioner's adultery — Condonation by respondent of petitioner's adultery — Discretionary bar.
Mortgagor and mortgagee — Exercise of power of sale — Tender — Instruments Act 1890 (No. 1103), s. 210.
Land tax — Classification — Liability to pay land tax prior to classification — "The Land Tax Act 1877" — Land Tax Act 1890. (No. 1107).
Health Act 1890 (No. 1098), ss. 251, 255 — Removal of nightsoil — Sanction of Governor in Council, proof of.
Company — Voluntary winding up — Judgment recovered against company — Resolution for voluntary winding up before sale by sheriff of company's assets under writ of fi. fa. — Companies Act 1890, s. 124.
Practice — Specially indorsed writ — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Claim for interest.
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
Practice — Lands Compensation Act 1890 (No. 1109) — ss. 9, 30, 31 — Compensation to be fixed by jury — Issue — Amount of claim.
Practice — Special indorsement — "Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Claim for interest.
Company — Directors — Promissory note — Signatures of directors — Personal liability — Knowledge of payee of note — Equitable defence.
Public Service — Officer in Public Service — Offence — Mode of dealing with — Officer appointed under Act No. 160 — "The Public Service Act 1883" (No. 773) — "The Public Service Act 1889" (No. 1024), ss. 29 and 30 — Public Service Act 1890 (No. 1133), ss. 123 and 124.
Insolvency Act 1890 (No. 1102), ss. 37, 67 (v.), and 122 — "Secured debt" — Security over estate of respondent — Transfer to assignee — Guarantee of third person.
Insolvency Act 1890 (No. 1102), s. 37 (v.) — Petition for sequestration — Act of insolvency — Execution levied by seizure — Security for debt — Valuation of security.
Gaming — Police Offences Act 1890 (No. 1126), Part IV. — Keeping a common gaming house — Chinese lottery — Evidence — Irregularity in procedure.
Practice — Order LXV., r. 12 — Taxation of costs — Action whether founded on contract or tort.
Husband and wife — Marriage Act 1890 (No. 1166), s. 98 — Dissolution of marriage — Marriage settlement — Variation of — Power of appointment.
Will — Testamentary capacity — Undue influence and mental imbecility — Onus of proof.
Companies Act 1890 (No. 1074), ss. 78, 114, 133-136, and Schedule 7, rule 3 — Voluntary winding up of company — Petition for winding up under supervision By whom petition may be presented — Voluntary liquidator — Petition of company.
Practice Probate — Probate Act 1892 (No. 1261) — Jurisdiction of Court to grant probate — No application to Registrar.
Transfer of Land Act 1890 (No. 1149), ss. 124, 125, 131 — Discharge of mortgage, registration of — Consent of mortgagee to sue.
Will construction — Annuity — Setting apart fund to provide annuity — Insufficiency of fund — Annuity payable out of corpus.
Vendor and purchaser — Sale of land — Error in acreage — Completed contract — Mutual mistake — Rescission of contract — Compensation.
Will — Testamentary capacity — Undue influence — Beneficiary preparing will — Onus of proof — Degree of soundness of mind.
Companies Act 1890 (No. 1074), sec. 68 — Security for costs where company in course of voluntary liquidation.
Administration and Probate Act 1890 (No. 1060), ss. 19, 40, 41, 42, 45 — Sealing foreign probates — Caveat — Time within which caveat may be lodged.
Husband and Wife — Marriage Act 1890 (No. 1166), s. 74 — Dissolution of marriage — Domicil — Domicil of husband — Domicil of wife — Jurisdiction — Marriage in Victoria.
Practice — Parties — Objection for want of parties — Time to take objection.
Insolvency Act 1890 (No. 1102), s. 37 — Sequestration — Petitioning creditor's debt — "Secured debt" — Company — Shareholder — Power to deduct debts from dividend — Power to refuse transfer.
"Intestates Act 1864" (No. 230) — Will construction — Will made before Act — Death after Act — At what time construed — Alteration in law of succession — "By descent" — Husband acquiring interest in wife's property.
Practice probate — Will — Execution — Attesting witness — Erasure of name of witness — Re-execution of will — Intention to revoke.
Insolvency Act 1890 (No. 1102), s. 37 (viii.) — Order nisi — Act of insolvency — Failing to satisfy a judgment on demand — Reasonable time for satisfying.
Administration and Probate Act 1890 (No. 1060), s. 23 — Application for a jury.
Probate jurisdiction — Jurisdiction to deal with caveats — 15 Vict., No. 10 — Supreme Court Act 1890 (No. 1142), ss. 20 and 21 — Administration and Probate Act 1890 (No. 1060), ss. 19, 40, 41, and 43 — Sealing foreign probate — Preliminaries — Irregularity cured.