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[1905] VLR(104 results)

Cases reported in this volume of the Victorian Reports

WEBSTER v. SHAWVLR 1

A’BECKETT, J.·29 Aug 1904·Supreme Court of Victoria

Appeal to Privy CouncilMotion for leave to appeal — Order in Council of 9th June 1860 — "Final judgment decree or order" — Decision of Full Court on a reference.

IN THE WILL OF MEARESVLR 4

MADDEN, C.J., HODGES and HOOD, JJ.·12 Sept 1904·Supreme Court of Victoria

Administration and Probate Act 1903 (No. 1815), s. 11Transfer in consideration of marriage — Gift — Covenant to transfer — Immediate gift.

SYME v. UNITED VICTORIA PERMANENT BUILDING SOCIETYVLR 11

HODGES, J.·15 Sept 1904·Supreme Court of Victoria

CostsTaxation of bill of costs — "Rules of the Supreme Court 1900" — Order LXV., r. 27 (48) — Refresher fees — "Working hours," meaning of — Copy affidavits briefed to counsel, allowance of costs of — Advice on evidence, costs of briefing.

IN THE WILL OF JACKSONVLR 16

A’BECKETT, J.·28 Sept 1904·Supreme Court of Victoria

WillConstruction — Trustees — Building — Improvement of vacant land — Municipal rates — Payment out of corpus.

IN RE THE DETERMINATION OF THE ARTIFICIAL MANURE BOARDVLR 19

HOOD, J.·21 Oct 1904·The Court of Industrial Appeals

Factories and Shops Act 1903 (No. 1857)Special Boards and determinations — Court of Industrial Appeals — Practice and Procedure — Evidence.

THE KING v. PALMERVLR 30

MADDEN, C.J.·28 Sept 1904·Supreme Court of Victoria

Land Tax Act 1890 (No. 1107), ss. 3, 4, 6, 7Retrospective effect of Act — Liability for tax in respect of the year or half-year during which the landed estate is classified.

IN THE WILL OF BULLVLR 38

A’BECKETT, J.·13 Oct 1904·Supreme Court of Victoria

WillProbate — Printed form of will — Words written on back of will to complete sentence on the face — Incorporation — Wills Act 1890 (No. 1159), ss. 7, 8.

MURPHY v. MURPHYVLR 40

A’BECKETT, J.·14 Oct 1904·Supreme Court of Victoria

Change of proctorDivorce proceedings — Unpaid costs — Proctor's lien — "Divorce Rules 1885," rr. 117 and 118.

O’DONNELL v. CHAMBERSVLR 43

MADDEN, C.J., HODGES and HOOD, JJ.·8 Sept 1904·Supreme Court of Victoria

Police Offences Act 1890, ss. 49, 51, 88Justices Act 1890, ss. 18, 19, 187 — Information — Variance between charge and evidence — Amendment — Betting — Power to convict on one charge upon evidence given in support of another charge.

RE DOBSONVLR 51

A’BECKETT, J., HOOD, J., MADDEN, C.J.·7 Nov 1904·Supreme Court of Victoria

Insolvency Act 1890 (No. 1102), s. 37 (1)Assignment for benefit of creditors generally — Discretion given to trustee as to proof — Whether act of insolvency — Assignment of all property except leasehold.

RE O’NEILLVLR 64

A’BECKETT, J., HOOD, J., MADDEN, C.J.·7 Nov 1904·Supreme Court of Victoria

Insolvency Act 1903 (No. 1836), s. 4 (iii.)Insolvency Act 1890, s. 123 — Insolvency Act 1897, s. 20 — Commission payable to assignee — Net amount realized and available for payment, etc. — How calculated.

FOWLER v. MORTONVLR 76

HODGES, J.·7 Dec 1904·Practice Court

Licensing Act 1890 (No. 1111), s. 182Sale of liquor without a licence — Obtaining an order for purchase of liquor by agent.

WILKIE v. WILKIEVLR 80

HODGES, J.·6 Dec 1904·Supreme Court of Victoria

PracticeCharging order — Costs not taxed.

DOUGALL v. DOUGALLVLR 82

HODGES, J.·1 Dec 1904·Supreme Court of Victoria

The Administration and Probate Act 1890 (No. 1060), s. 103Annuity, deduction of duty from.

TRUSTEES EXECUTORS AND AGENCY CO. LTD. v. CLARKEVLR 84

HODGES, J.·1 Dec 1904·Supreme Court of Victoria

CostsTaxation of bill of costs — Expenses incurred after notice of intended summons but before institution of proceedings.

MILDURA IRRIGATION TRUST v. WILLOUGHBYVLR 90

A’BECKETT, J.·1 Feb 1905·Practice Court

Mildura Irrigation Trusts Act 1895 (No. 1409), s. 3"Rateable land."

FINN v. GAVINVLR 93

MADDEN, C.J.·18 Nov 1904·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order III., r. 6 — Special indorsement — Covenant for indemnity.

THE GREAT CENTRAL FREEHOLD MINES LTD. v. BRANDONVLR 97

HODGES, J.·2 Feb 1905·Practice Court

The Companies Act 1890 (No. 1074), s. 303Mining company — Voluntary winding-up — "Course to be pursued by directors."

JAMES GILLESPIE AND CO. LTD. v. REIDVLR 101

HODGES, J.·20 Dec 1904·Supreme Court of Victoria

CompanyCalls on forfeited shares — Companies Act 1890 (No. 1074), s. 16 — Specialty debt — Creation of new debt under the Articles of Association — Statute of Limitations.

WILKIE v. WILKIEVLR 104

HOOD, J.·8 Dec 1904·Supreme Court of Victoria

"Rules of Supreme Court"Order XLII., r. 32 — Examination of Debtor — Costs due under a judgment — Costs not yet taxed — Whether untaxed costs a debt.

O’NEIL v. HARTVLR 107

MADDEN, C.J.·18 Aug 1904·Supreme Court of Victoria

Statute of LimitationsPossession of land by servant, bailiff, or caretaker — Possession of owner — Onus of proof as to nature of possession — Acts of ownership — Effect of mortgage by owner — Tenancy at will — Right of tenant at will under Statute of Limitations — Real Property Act 1890 (No. 1136), s. 23 — Claims against estates of deceased persons, proof of — Crown lease — Crown rents paid to transform leasehold into freehold — "Debts" — Liability of beneficiaries — Tenant for life and remaindermen — Charge on land — Statute of Uses — Applicability to Crown leases — Legal estate — "Bare trustee" — "Trust to permit beneficiary to receive rents, etc." — Option in one of two beneficiaries to choose moiety of land — Duty of trustee to compel exercise of option — Breach of trust — Land Acts 1869 (No. 360), s. 20; 1878 (No. 634), s. 5.

THE KING v. AFFLECKVLR 130

HODGES, J., Madden, C.J., Holroyd and Hood, JJ.·17 Feb 1905·Supreme Court of Victoria

Probate dutyPayment of too little duty — "Discovered" asset — Claim by Crown for additional duty — Right to open up statement for duty — Certificate of Master — "Final and conclusive and subject to no appeal" — "Final balance" — Administration and Probate Act 1890 (No. 1060), ss. 97, 98, 99, 105, 106, 108.

RIDER v. THE BACCHUS MARSH CONCENTRATED MILK CO. LTD.VLR 147

HODGES, J.·15 Feb 1905·Supreme Court of Victoria

Health Act 1890 (No. 1098), s. 43Sale of article to the prejudice of the purchaser — Notice — Knowledge.

EQUITY TRUSTEES, ETC., CO. v. FENWICKVLR 154

MADDEN, C.J.·19 Dec 1904·Supreme Court of Victoria

TrusteeBreach of trust — Investment of separate legacies — Liability of trustee for moneys lost through solicitor — Trusts Act 1901 (No. 1769), s. 3 — Trustees acting "reasonably and honestly" — Statute of Limitations — Reinstatement of trust fund for benefit of infants, right of adult beneficiaries to — Non-joinder of co-trustee — Practice — Parties.

BROWN v. LIZARSVLR 165

MADDEN, C.J., HOLROYD and HOOD, JJ.·9 Feb 1905·Supreme Court of Victoria

PracticeCounty Court — Application for new trial — Appeal — Police constable, powers of to arrest without warrant for felony alleged to have been committed in a foreign country.

THE ELECTRIC SUPPLY CO. OF VICTORIA LTD. v. THE MAYOR, ETC., OF THE CITY OF BENDIGOVLR 169

MADDEN, C.J., HODGES and HOOD, JJ.·8 Mar 1905·Supreme Court of Victoria

Local Government Act 1903 (No. 1893), s. 252 (2)Rating — Valuation of rateable property — Deductions — Statutable deductions — Renewal reserve fund — "Probable annual average cost of insurance and other expenses" — Sinking fund.

McDONALD v. CARTERVLR 181

HOOD, J.·11 Nov 1904·Supreme Court of Victoria

Police Offences Act 1890 (No. 1126), s. 18 (vii.)"Injury or damage" to "property" — Killing a dog — Construction — Doctrine of ejusdem generis.

IN RE THE INCOME TAX ACTSVLR 185

MADDEN, C.J., HOLROYD and HOOD, JJ.·10 Feb 1905·Supreme Court of Victoria

Income Tax Acts 1895 (No. 1374), s. 9 (2) (a) and (b); 1896 (No. 1467), s. 6 (1), (2)Deduction for repairs and renewals of machinery — Deduction for depreciation of machinery — Estimate and allowance by Commissioner of Taxes — Reserve fund — "Machinery, implements, utensils, and articles" — Machinery attached to soil.

KRUMMEL v. KIDDVLR 193

HODGES, J.·7 Dec 1904·Supreme Court of Victoria

Licensing Act 1890 (No. 1111), ss. 76, 125Prohibition order — Who entitled to take proceedings — Evidence of injury to health — Necessity for expert evidence — Admissibility of evidence of prior convictions for drunkenness — Justices — Order to review — Wrongful reception of evidence — When decision upheld notwithstanding wrongful reception of evidence — Amendment of complaint — Discretion to refuse adjournment.

WEBSTER v. SHAWVLR 200

MADDEN, C.J., HOLROYD and HOOD, JJ.·8 Feb 1905·Supreme Court of Victoria

Appeal to Privy CouncilOrder in Council 9th June 1860 — "Final judgment order or sentence of the Supreme Court" — Decision of Full Court on a reference by primary Judge — Costs of appeal — Practice.

IN RE SMITHVLR 203

MADDEN, C.J., HOLROYD and HOOD, JJ.·9 Feb 1905·Supreme Court of Victoria

The Stamps Act 1890 (No. 1140)The Stamps Act 1892 (No. 1274) — Schedule VIII. — Marriage settlement.

IN RE PEARSEVLR 208

HODGES, J.·20 Dec 1904·Supreme Court of Victoria

Deed of assignmentAct of insolvency — Creditor assenting to or approving of deed.

GRAVES v. WILLIAMSVLR 215

A’BECKETT, HODGES, and HOOD, JJ.·3 Mar 1905·Supreme Court of Victoria

Licensing Act 1890 (No. 1111), ss. 4 (8), 182Club — Sale of liquor to person not a member of the club.

BISHOP v. HOOPERVLR 220

HODGES, J.·22 Feb 1905·Supreme Court of Victoria

Factories and Shops Acts 1896 (No. 1445), s. 21Working hours for females and boys — "Week," meaning of.

SHARP v. SOUTHERNVLR 223

HODGES, J.·28 Feb 1905·Supreme Court of Victoria

Attorney and solicitorWork and labour done, right of solicitor to sue for — Justices, jurisdiction of in case of written agreement.

TRENCHARD & CO. v. McMAHONVLR 227

HODGES, J.·16 Feb 1905·Supreme Court of Victoria

PracticeImprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 4 — Summons to debtor — Personal service — Substituted service — "Otherwise" — "Rules of the Supreme Court 1884" — Order LXVII., r. 6.

WILSON v. BENSONVLR 229

HODGES, J.·21 Feb 1905·Supreme Court of Victoria

Police Offences Act 1890 (No. 1126), ss. 40 (1), 82, 88Power of constable to arrest without warrant — Vagrancy — Conditions of jurisdiction of justices — Dismissal — Order to review.

RE DICKENSON’S APPLICATION FOR LETTERS PATENTVLR 235

HOLROYD, A’BECKETT, and HOOD, JJ.·7 Dec 1904·Supreme Court of Victoria

Patents Act 1890 (No. 1123), ss. 29 (3), 33, 74Rules under Patents Act 1890, r. 38 — Costs of employing patent agent — Appeal from Commissioner.

DARBYSHIRE v. DARBYSHIREVLR 239

HOOD, J.·13 Dec 1904·Supreme Court of Victoria

Real Property Act 1890 (No. 1136), s. 1856 Geo. IV. (N.S.W.), No. 22, s. 4 — Registration of deeds, etc. — Memorial of indenture — Party signing uncompleted memorial.

NEVILLE v. THE LORD NELSON GOLD MINING CO. NO LIABILITYVLR 242

MADDEN, C.J., HOLROYD and HODGES, JJ.·13 Feb 1905·Supreme Court of Victoria

Mines Act 1897 (No. 1514), ss. 129, 148Accident in a mine — Evidence of negligence — Cause of action — Non-observance of regulations — Particulars.

TRUSTEES OF QUEEN’S COLLEGE v. MAYORVLR 247

HOLROYD, J., A’BECKETT, J., HOOD, J.·16 Mar 1905·Supreme Court of Victoria

Local Government Act 1890 (No. 1112). s. 246Melbourne Corporation Act (No. 178), s. 42 — State Aid Abolition Act (No. 391) — Rating — Beneficial occupation — Land with statutory restriction on user — Restriction excluding profitable user — Land "stricken with sterility" — Land used exclusively for charitable purposes.

O’NEIL v. HARTVLR 259

MADDEN, C.J.·18 Nov 1904·Supreme Court of Victoria

PracticeExecution — Writ of fi. fa. — Departure of writ from judgment — Change of parties — Execution against one of two joint debtors — Separate executions for debt and costs — Form of writ of fi. fa. — Writ of fi. fa. upon judgment — Writ of fi. fa. upon order for costs — Execution for costs upon same day as taxation — Irregularity — Reasonable time for objection to writ of fi. fa. — Effect of objection before sale takes place — Setting aside writ of fi. fa. — Costs — Set-off — "Rules of the Supreme Court 1884" — Order XLII., r. 18 — Order LXX., r. 2 — Appendix H., Forms Nos. 1 and 2.

IN THE WILL & ESTATE OF MALINVLR 270

A’BECKETT, J.·27 Mar 1905·Supreme Court of Victoria

Probate practiceApplication for probate — Probate jurisdiction — Construction of will — "Eldest son" — Application of words of limitation in one devise to similar devise.

IN RE JACKVLR 275

A’BECKETT, J., HODGES, J., HOOD, J.·6 Mar 1905·Supreme Court of Victoria

Insolvency Act 1897 (No. 1513), s. 5Jurisdiction — General power of Insolvency Court.

WILKIE v. McCALLAVLR 278

A’BECKETT, HODGES, and HOOD, JJ.·4 Nov 1904·Supreme Court of Victoria

TrusteesTrustee and cestui que trust — Breach of trust — Scotch administrator in law — Trusts Act 1901 (No. 1769), s. 3 — Release of trustee from liability for breach of trust — Release of one of several jointly and severally liable.

GREAT CENTRAL FREEHOLD MINES LIMITED v. CHAPMANVLR 294

MADDEN, C.J.·12 Apr 1905·Supreme Court of Victoria

PracticeCosts — Charge by solicitor for drawing document actually drawn by counsel — "Communis error facit jus."

GRAVES v. PANAMVLR 297

HOOD, J.·4 May 1905·Supreme Court of Victoria

Licensing Act 1890 (No. 1111), ss. 165, 182Selling liquor without a licence — Restaurant-keeper sending out for liquor — Retention by restaurant-keeper of part of money paid by customer for liquor — Charge by restaurant-keeper for serving liquor — Knowledge of customer — Onus of proof of sale.

SELLWOOD v. LANGVLR 302

MADDEN, C.J.·11 Apr 1905·Practice Court

County Court Act 1890 (No. 1078), s. 47Costs — Costs fixed by Judge or Registrar — Review — Taxation.

O’NEIL v. HARTVLR 306

MADDEN, C.J.·29 Nov 1904·Supreme Court of Victoria

PracticeCosts — Settled estate — Proceedings by tenant for life for his own benefit — Salvage — Infant remaindermen — Costs of tenant for life made a charge on the estate — Jurisdiction — Sale of settled estate to pay costs of tenant for life — Action of ejectment — Plea of "res judicata."

PERMEZEL v. HOLLINGWORTHVLR 321

MADDEN, C.J.·18 Apr 1905·Practice Court

Administration and Probate Act 1890 (No. 1060), ss. 8, 9, 40, 44Attorney under power of English administrator — Victorian assets, right of Victorian administrator to distribute.

HOLDEN v. BLACKVLR 326

A’BECKETT, J., Madden, C.J., Holroyd, J.·7 Apr 1905·Supreme Court of Victoria

Administration bondRights and liabilities of sureties — Right of sureties to relief against loss actually incurred — Covenant by administratrix to administer according to law and to indemnify sureties against loss — Breaches of duty by administratrix proving beneficial to estate — Right of sureties to damages for breach of covenant — Acceptance of nominal damages — Right of sureties to bring administration suit — Quia timet action — Right of sureties to injunction to prevent maladministration — Affirmative and negative covenants — Injunction or damages — Exercise of discretion — Party not appellant appearing on appeal — Costs.

MURPHY v. AINSLIEVLR 350

A’BECKETT, HODGES, and HOOD, JJ.·4 Apr 1905·Supreme Court of Victoria

Administration and Probate Act 1890 (No. 1060), s. 103Apportionment of liability to duty as between beneficiaries — Liability to duty of annuity directed to be raised on land — Sum charged upon land — "Legacy or bequest."

IN RE LUCASVLR 361

HOOD, J.·29 May 1905·Supreme Court of Victoria

Probate Charges Act 1903 (No. 1827), ss. 2 & 3Taxation — Bill of costs — Special or unusual work — Disbursement — Payment of duty included in bill — Solicitor and client — Practice.

IN RE BATCHELORVLR 366

MADDEN, C.J.·28 Apr 1905·Practice Court

Veterinary Surgeons Act 1890 (No. 1154), ss. 13 and 20Registration — Certificate of qualification — "Continuously practising," meaning of — President of Board — Chairman of meetings — Mandamus.

THOMPSON v. KINGVLR 375

HOOD, J.·17 May 1905·Practice Court

Health Act 1890 (No. 1098), s. 204Notice requiring parent to vaccinate child — Service of notice on wife.

AUSTIN v. AUSTINVLR 377

HODGES, J., HOLROYD, J., A’BECKETT, J.·13 Apr 1905·Supreme Court of Victoria

InterrogatoriesPractice — Oppressive and vexatious interrogatories — Further and better answers — Information and belief.

MARTIN v. BEATH, SCHIESS & CO.VLR 386

MADDEN, C.J., A’BECKETT and HOOD, JJ.·12 Oct 1904·Supreme Court of Victoria

Factories and Shops Act 1890 (No. 1091)Factories and Shops Act 1893 (No. 1333) — Factories and Shops Act 1896 (No. 1445) — Factories and Shops Act 1897 (No. 1518) — Factories and Shops Act 1900 (No. 1654), ss. 3, 4, 15, and 27 — Factories and Shops Act 1903 (No. 1857) — Minimum rate of wage — Persons working outside factories and not for occupier — Sub-contract.

HARRISON, SAN MIGUEL & CO. v. MADDERNVLR 400

HOOD, J.·15 May 1905·Supreme Court of Victoria

PracticeCounty Court — Costs — No jurisdiction — Cause struck out — Power to award costs — County Court Act 1890 (No. 1078), ss. 48, 94.

ROBINSON v. VALEVLR 405

MADDEN, C.J.·27 Apr 1905·Supreme Court of Victoria

PracticeJustices — Order to review — Debt under 5l. — Set-off of solicitor's bill of costs over 5l. — Bill of costs not delivered or taxed — Refusal to adjudicate on set-off — Sum in respect of which defendant aggrieved — Taxation of costs — Jurisdiction of justices to tax costs — Order for excess of set-off over claim — Justices Act 1890 (No. 1105), ss. 79, 80 — Justices Act 1904 (No. 1959), s. 21 — Supreme Court Act 1890 (No. 1142), s. 207.

IN RE ATKINSONVLR 408

[Before MADDEN, C.J., HOLROYD, A’BECKETT, and HOOD, JJ.]·11 May 1905·Supreme Court of Victoria

Legal Profession Practice Act 1895 (No. 1387), s. 2Legal Practitioners Reciprocity Act 1903 (No. 1887), ss. 2, 7 (2), (3), (4) — "Rules for the Admission of Barristers and Solicitors of 16th February 1905," rule 13 — Powers of Council of Legal Education — English barrister-at-law — Right to admission to practise in Victoria.

IN THE WILL OF BAKERVLR 416

A’BECKETT, J.·5 Apr 1905·Supreme Court of Victoria

WillConstruction — "Rents of all my estate" — Indefinite gift of income — No specific disposition of corpus — Gift of rents to "all my children living monthly" — Power in named children to control sale of corpus — Class or person designat — Gift to child who has died before testator leaving issue — Lapse — Wills Act 1890 (No. 1159), s. 31.

KING v. KINGVLR 420

A’BECKETT, J., HODGES, J., HOOD, J.·2 June 1905·Supreme Court of Victoria

DivorceDomicile — Marriage Act 1890 (No. 1166), s. 74.

READ v. READVLR 424

HODGES, J.·31 May 1905·Supreme Court of Victoria

DivorceHusband and wife — Dissolution of marriage — Uncorroborated statement of petitioner, power of Court to act upon — Marriage Act 1890 (No. 1166), s. 81.

OSBORNE & CO. v. ANDERSONVLR 427

HOOD, J.·14 Apr 1905·Supreme Court of Victoria

Instruments Act 1890 (No. 1103), ss. 92, 94Summary proceedings — Action on a bill — Telegraphic money order tendered — Demand of costs — Payment — Tender — Setting aside proceedings — Waiver — Estoppel — Exercise of discretion — Delay — Appeals — Grounds of appeal, departure from.

BARTRAM & SON v. E. A. CLARK AND SON PROPRIETARY LTD.VLR 442

A’BECKETT, HODGES, and HOOD, JJ.·9 June 1905·Supreme Court of Victoria

Discovery and inspection of documentsCommunication from agent of party — Reports sent to solicitor — Privilege.

IN RE PEARSEVLR 446

MADDEN, C.J., HOLROYD, J., A’BECKETT, J.·8 May 1905·Supreme Court of Victoria

InsolvencyProof of debt — Composition with creditors — Substituted contract — Release of one of two joint debtors — "Insolvency Rules 1898" — Rule 241 (2) — Appeal from rejection of proof, time for — Ultra vires.

IN RE MATHER & PAYNE’S CONTRACTVLR 453

HOLROYD, J.·19 June 1905·Supreme Court of Victoria

Conveyancing Act 1904 (No. 1953), ss. 4 (5), 10Requisition — Expenses of proof — Vendor and purchaser.

MacKAY v. HAMILTONVLR 457

HOLROYD, J.·21 June 1905·Supreme Court of Victoria

PracticeCosts — Bill of costs — Taxation — Costs of action — Costs incurred in effecting compromise — Party and party costs — Writ of subpna, form of — Witnesses — "Rules of Supreme Court 1884" — Order XXXVII., rr. 27, 29, 30, 31, and 32.

IN RE THE INCOME TAX ACTSVLR 463

HODGES, J.·28 Mar 1905·Supreme Court of Victoria

Appeal to Privy CouncilIncome Tax Acts — Liability to tax of salary of Federal officer — Leave to appeal to the Privy Council from decision of State Court — Imperial Order in Council of 9th June 1860 — Power of Commonwealth Parliament to take away right of appeal — Commonwealth of Australia Constitution Act, 63 & 64 Vict., c. 12, ss. 73, 74, 77 — Commonwealth Judiciary Act 1903, ss. 30, 38, 39 — "Invested" — "Federal" jurisdiction of State Courts.

IN THE WILL OF SMITHVLR 470

HOLROYD, HODGES, and HOOD, JJ.·10 Nov 1904·Supreme Court of Victoria

WillGift to widow for the benefit of herself and children — Trust — Precatory trust.

BROWN v. THE VICTORIAN RAILWAYS COMMISSIONERSVLR 472

MADDEN, C.J., HOLYROYD, J. AND A’BECKETT, J.·28 June 1905·Supreme Court of Victoria

The Railways Act 1890 (No. 1135), s. 93Compensation — Right of railway employ to compensation on removal at pleasure of Commissioners — "To be computed under the provisions of Act No. 160," meaning of — Act No. 160 — Public Service Act.

THE YORKSHIRE FIRE AND LIFE INSURANCE COMPANY v. THE BRITISH AND FOREIGN MARINE INSURANCE COMPANY LTD.VLR 503

A’BECKETT, J.·19 July 1905·Supreme Court of Victoria

Fire Brigades Act 1890 (No. 1200), ss. 2, 42, 45Fire Brigades Act 1891 (No. 1207) — "Insurance company" — Marine insurance company — Insurance of goods against fire whilst in transit to and from ship or whilst temporarily warehoused — Insurance of vessel temporarily moored to wharf — Liability to contribute to expenditure of Fire Brigades Board — Fire and marine insurance companies distinguished.

HUNTER v. WILLIAMSVLR 513

MADDEN, C.J., HOLROYD and A’BECKETT, JJ.·8 May 1905·Supreme Court of Victoria

Vermin Destruction Act 1890 (No. 1153), ss. 14, 15Notice to destroy vermin — Summons for neglecting to destroy — Dismissal of summons — Second summons against same defendant without serving fresh notice — Summons for period, including shorter period in respect of which previously acquitted — Onus of proof.

GLENN v. BOARD OF LAND AND WORKSVLR 518

HOOD, J.·1 May 1905·Supreme Court of Victoria

Lands Compensation Act 1890 (No. 1109), ss. 37, 40Compensation for lands compulsorily taken — Interest on — Right to interest from date of "taking of possession" — Date fixed by Statute for payment of compensation — Right to interest for period prior to.

THE KING v. CHIRNSIDEVLR 522

MADDEN, C.J., HOLROYD, J. and A’BECKETT, J.·1 June 1905·Supreme Court of Victoria

Land Tax Act 1877 (No. 575), s. 40Land Tax Act 1890 (No. 1107), s. 41 — Landed estate — Sale and transfer of part — Liability to land tax in respect of balance without reclassification — Balance sold to person not previously on register — Liability of latter to land tax.

CREMER v. CREMERVLR 532

A’BECKETT, HODGES, and HOOD, JJ.·19 July 1905·Supreme Court of Victoria

DivorceMarriage Act 1890, s. 74 — Divorce jurisdiction — Continuing matrimonial offence — Matrimonial offence committed in part outside Victoria — Act unlawful where committed — Act not a ground for divorce where committed — Domicil.

GROCOCK v. STEVENSONVLR 536

HODGES, J.·20 July 1905·Supreme Court of Victoria

Marriage Act 1900 (No. 1684), s. 8Prematernity order — Paternity of child — Oath of enceinte woman — Corroborative evidence — What sufficient.

O’DONNELL v. DAWEVLR 538

HODGES, J.·26 July 1905·Supreme Court of Victoria

JusticesPractice — Right of accused person to be present during hearing of cause.

GRAHAM v. REITHVLR 541

HODGES, J.·28 July 1905·Supreme Court of Victoria

Bakers and Millers Act 1893 (No. 1332), s. 6Weight of bread — Deficiency in weight — How to be tested — Average weight of number taken.

ROBERTSON v. ROBERTSONVLR 546

HOOD, J.·15 Aug 1905·Supreme Court of Victoria

DivorceDomicil of infant — Married infant — Divorce jurisdiction — Deserted wife — Marriage Act 1890 (No. 1166), s. 74.

HEWARD v. THE KINGVLR 548

MADDEN, C.J., HOLROYD and HOOD, JJ.·4 Aug 1905·Supreme Court of Victoria

Administration and Probate Act 1903 (No. 1815), s. 11Property chargeable with duty — Probate — Duty — Gifts — "Part of the estate of donor."

ROBERTSON & MOFFAT v. BELSONVLR 555

A’BECKETT, J., MADDEN, J. and HOOD, J.·14 Aug 1905·Supreme Court of Victoria

Deceit, action ofInnocent misrepresentation — Falsity afterwards discovered — Duty to disclose — Verdict of jury — Costs follow event — Substantial failure of successful party's claim — "Good cause" — Discretion — "Rules of the Supreme Court 1884" — Order LXV., r. 1.

AUSTIN v. AUSTINVLR 564

HODGES, J.·18 July 1905·Supreme Court of Victoria

EvidenceAdmission — Pleadings in another action — Trustee — Negligence — Documents left in hands of solicitor.

McCRINDLE v. THE AUSTRALIAN PRODUCERS AND TRADERS LTD.VLR 575

HOOD, J.·14 Sept 1905·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1900" — Order LV., r. 5* — Originating summons — Debenture-holders — Order for sale, with accounts to be taken — Jurisdiction.

IN RE BATCHELORVLR 579

A’BECKETT, HODGES, and HOOD, JJ.·18 July 1905·Supreme Court of Victoria

Veterinary Surgeons Act 1890 (No. 1154), ss. 13 and 20Registration — Mandamus — Evidence to show fraud on part of applicant.

IN RE ISAACSVLR 585

MADDEN, C.J, HOLROYD, J. and A’BECKETT, J.·10 Aug 1905·Supreme Court of Victoria

Supreme Court Act 1890 (No. 1142), ss. 212, 213, 215, 216Costs — "Re-taxation" — "Review and correction of taxation" — Party interested in property — Assignee — Right of to review of taxation.

ELLIOTT v. CAMPBELLVLR 596

A’BECKETT, J.·26 July 1905·Supreme Court of Victoria

ExecutorDebt owed by executor to testator — "Assets in the hands of the executor" — Statute of Limitations — Trusts Act 1896 (No. 1421), s. 29.

IN THE WILL OF WOOLCOTTVLR 599

A’BECKETT, J.·18 July 1905·Supreme Court of Victoria

WillLife tenant and remaindermen — Capital and income — Shares in company — Accumulated profits — Dividend not distributed in money — Dividend applied in payment for new shares — Option of shareholder — Carrying on business of testator — Amount of capital invested.

LIZARS v. SABELBERGVLR 608

HOOD, J.·5 Aug 1905·Supreme Court of Victoria

Stock Diseases Act 1890 (No. 1141), ss. 74, 99Travelling sheep — Rate of travelling — Act for public benefit — Right to prosecute for offence against.

PROUDFOOT v. POWERVLR 610

HOOD, J.·20 Sept 1905·Practice Court

Licensing Act 1890 (No. 1111), ss. 153, 197Informer — Right to lay information for statutory offence affecting the public.

POTTER v. THE BROKEN HILL PROPRIETARY COMPANY LIMITEDVLR 612

HOOD, J., A’BECKETT, J., HODGES, J.·21 Aug 1905·Supreme Court of Victoria

International lawConflict of laws — Tort committed abroad — Jurisdiction — Patent in New South Wales — Infringement by Victorian company in New South Wales of New South Wales patent — Action not justiciable in Victoria — "Local action" — "Transitory action" — Practice — Demurrer — Right of reply.

IN RE CARFRAEVLR 641

HOOD, J. and A’BECKETT, J.·18 Sept 1905·Supreme Court of Victoria

WillContingent legacy — Infant — Interest on legacy.

GRAHAM v. JONESVLR 645

A’BECKETT, J.·19 Sept 1905·Practice Court

Vermin Destruction Act 1890 (No. 1153), s. 15"Owner or occupier of land," meaning of — Insolvent person, position of as an "owner."

SANDNER v. CURNOWVLR 648

MADDEN, C.J.·29 Aug 1905·Supreme Court of Victoria

Secret processPassing off action — Identity of plaintiff's process with defendant's — Right to cross-examine as to secret process — Proceeding in camera — Power to exclude parties.

THE TRUSTEES EXECUTORS AND AGENCY CO. LIMITED v. BUTLERVLR 650

MADDEN, C.J, HOLROYD, J. and A’BECKETT, J.·8 Aug 1905·Supreme Court of Victoria

WillGift of fee on attaining 21 — Gift over in event of death under 21 or without male issue — "Or" read as "and" — Rule of law — Rule of construction — Sale by sheriff of interest in land under a will — Real Property Act 1890 (No. 1136), s. 125.

NINNIS v. MILLERVLR 669

HOLROYD, J.·4 Oct 1905·Supreme Court of Victoria

PracticeEntry up of judgment — Miscalculation of interest — Amendment of judgment — Ex parte application refused — "Clerical error" — "Accidental slip" — "Proceeding" — "Rules of the Supreme Court 1884" — Order XXVIII., rr. 11, 12.

IN RE WALLISVLR 671

A’BECKETT, J.·3 Aug 1905·Supreme Court of Victoria

Administration and Probate Act 1890 (No. 1060), ss. 15, 40, 43Supreme Court Act 1890 (No. 1142), s. 20 — Probate jurisdiction — Sealing letters of administration granted in another colony — Administration bond — Power of Court to dispense with bond.

SHOEBRIDGE v. PRESIDENT, ETC., OF SHIRE OF BEECHWORTHVLR 673

HODGES, J.·28 Aug 1905·Supreme Court of Victoria

Justices Act 1890 (No. 1105), ss. 22, 59 (4), 201Justices Act 1904 (No. 1959), s. 17 — Municipal rates — Period of limitation — Default summons — "Civil debt recoverable summarily" — Local Government Act 1903 (No. 1893), s. 313.

IN RE HOOKERVLR 680

MADDEN, C.J., HOLROYD, J. and HOOD, J.·13 Sept 1905·Supreme Court of Victoria

Factories and Shops Acts: No. 1091, ss. 46, 47, Fourth Schedule; No. 1445, ss. 34, 38; No. 1654, s. 9.Weekly half-holiday — Validity of regulation — Early closing legislation.

ARTHUR v. HINESVLR 695

HOOD, J.·16 Oct 1905·Practice Court

Police Offences Act 1890 (No. 1126), s. 37Lottery — Calcutta sweep — Prizes competed for by lot or other mode of chance.

THE KING v. ATKINSONVLR 698

MADDEN, C.J.·29 Sept 1905·Supreme Court of Victoria

"The Land Tax Act 1877" (No. 575), ss. 2, 14, 21, 40, 44Land Tax Act 1890 (No. 1107), ss. 3, 15, 22, 41, 45 — "Landed estate" — Sale and transfer of part of landed estate — Sale of balance to person not previously on register — Liability to land tax — Severance of sufficient part of landed estate to affect whole — Declassification of landed estate — Lands belonging to one owner within five-mile area — Classification as one landed estate — Addition of land to landed estate without new classification — Effect on legality of previous classification — Exemption from land tax — Deduction in respect of each of several landed estates belonging to one owner — Practice — Appeal against classification to Commissioners of Land Tax — Payment, under threat of legal process — Right to recover money back — Crown Remedies and Liability Act 1890 (No. 1080), Part I. — Suits by the Crown — Costs against the Crown.

LAWLOR v. JOHNSTONVLR 714

MADDEN, C.J.·1 Nov 1905·Supreme Court of Victoria

TrespassMandatory injunction — Nuisance, abatement of — Delay — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), s. 79.

THE KING v. EMMETTVLR 718

A’BECKETT, HODGES, and HOOD, JJ.·8 Nov 1905·Supreme Court of Victoria

Criminal lawReceiving stolen goods — Evidence of possession of other stolen goods of the same kind belonging to a different owner — Evidence of theft of other similar goods — Admissibility.

FORTESCUE v. NORTHEYVLR 724

HOLROYD, J.·6 Oct 1905·Supreme Court of Victoria

Practice"The Rules of the Supreme Court 1884" — Order XXVI., rr. 1, 3, 4 — Discontinuance — Terms of leave to discontinue — Patent — Action for infringement — Patents Act 1890 (No. 1123), s. 50 (2), (6) — Costs of particulars of objections.