Highway — Dedication — Evidence of dedication — Formation and maintenance of track by Shire Council — Acquiescence — Removal of obstruction to track.

Trade mark — Passing off action — Pleading — Particulars — Persons to whom goods alleged to have been passed off — "Rules of the Supreme Court" — Order XIX., r. 7.

Practice — Administration action — Heading.

Practice — Sale of real estate by the Court — Charge on real estate — Order for sale of the whole or of a sufficient part to meet charge — Jurisdiction — Discretion of Court — Order LI., r. 1 — Supreme Court Act 1890 (No. 1142), s. 63, sub-s. 5 (c).

Lottery — Evidence — "Disposal" of ticket — Gambling scheme — "Bank" — "Written document" — Admissibility of secondary evidence — Consideration of further evidence by Appellate Court — Police Offences Act 1890 (No. 1126), s. 37 — Justices Act 1890 (No. 1105), s. 146.

The Dog Act 1890 (No. 1084), s. 20 — Owner, meaning of — Bailee, right to sue — Damages, actual.

Instruments Act 1890 (No. 1103), s. 92 — Writ of summons — Residence.

Sunday entertainments — 21 Geo. III., c. 49, s. 1 — House, room, or other place — Managing and conducting entertainment.

Electric Light and Power Act 1896 (No. 1413), s. 39 — Supply of electricity — Alternative schemes — Right of undertaker to charge different prices according to the amount used — Attorney-General — Injunction — Public statute.

County Court Act 1890 (No. 1078), s. 96 — Verdict of jury — New trial — Power of County Court Judge to grant new trial — Appeal to Full Court — Jurisdiction to deal with order of County Court Judge — Negligence — Damages — Misdirection — Non-direction — Mines Act 1897 (No. 1514), ss. 129, 135, rr. 32, 33, 148, 152.

Justices Act 1890 (No. 1105), s. 89 (4) — Summons defective — Nullity — Irregularity — Order — Conviction — Court of Petty Sessions, power to set aside order of.

Practice — Costs — Taxation — Solicitor and client — Compromise — Indemnity — Second counsel on interlocutory proceedings — Pleadings, supply of copies of to several plaintiffs.

Will — Construction — Trust to pay income to two daughters "in equal shares during their respective lives and the life of the survivor" — Gift over of "each daughter's share to her own children" — Death of one daughter — Income, how payable.

Marriage Act 1890 (No. 1166), s. 74 — Petition for dissolution of marriage — Adultery of husband — Evidence — Wife infected with venereal disease.

Marriage settlement — Construction — Covenant to settle after acquired property — Policy of life insurance — Creditors — Priority.

Contract for benefit of third party — Trust — Partnership articles — Will — Construction — Goodwill, meaning of — Power of appointment — Gift to objects of power, with gift over to objects without the power.

Local Government Act 1903 (No. 1893), ss. 708, 710 — Notice of injury — Sufficiency of notice — "Place at which the accident took place" — "Bridge" — "Approach" — Practice — Application by municipality for stay of action.

Administration and Probate Act 1890 (No. 1060), ss. 15-17 — Bond — Sureties — Agreement by beneficiaries to release and indemnify sureties for loss arising from maladministration — Public policy.

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

Partnership — Liability for fraud of co-partner — Contract with individual before partnership — Election to abide by contract with individual — Solicitors — Money paid — Failure of consideration.

Will — Equitable tenant for life — Rates and taxes, liability to pay — Repairs and insurance — Trustee, right of to make deductions from legatee for recoupment of payments improperly made — Residuary estate, property excepted from.

Mines Act 1897 (No. 1514), s. 75 (2) — Agreement for payment of compensation for mining on private property — Royalty, payment of by way of compensation — Illegality — Surrender of lease — Waiver.

Will — Construction — Gift to be distributed as donee shall deem fit — Gift, whether absolute or in trust — Trust void for uncertainty.

Patent — Validity — Prior user — Prior sale of single article — Process discoverable by analysis or otherwise.

Married Women's Property Act 1890 (No. 1116), ss. 4 (5), 22 — Insolvency Act 1897 (No. 1513), s. 119 — Married woman — Life interest — Restraint on anticipation — Insolvency — Property passing to trustee in insolvency.

Medical Act 1890 (No. 1118), s. 97 — Friendly Societies Act 1890 (No. 1094), ss. 5 (2), 39 — Friendly Societies' Dispensary — Ride providing for purchasing members — Rule registered under Friendly Societies Acts — Validity of rule — Jurisdiction of Court to inquire into validity — Employment of registered chemists by committee — Carrying on business of chemist without being registered — Liability of members of committee.

Practice — Costs — Costs reserved until the trial of the action — Omission to ask for costs at trial — Amendment of judgment — Jurisdiction to amend judgment duly entered — "Rules of the Supreme Court 1884" — Order XXVIII., r. 11 — "Accidental slip or omission" — "Special circumstances."

Practice — Court of Petty Sessions — Parties — Representative capacity — Right of one of numerous persons having the same interest to sue — Jurisdiction.

Criminal law — Crimes Act 1891 (No. 1231), s. 6 — Carnally knowing a girl under the age of 16 — Consent — Same age, meaning of.

Insolvency Act 1890 (No. 1102), ss. 37 (2) and 73 — Conveyance with intent to defeat or delay creditors — Fraudulent preference.

Justices Act 1890 (No. 1105), ss. 3, 4, 141 — Fugitive Offenders Act 1881 (44 & 45 Vict., c. 69), s. 39 — Order remanding accused person — Order to review.

Patent — Prior publication — "Paper anticipation" — Infringement — Form of injunction.

Administration and Probate Act 1890 (No. 1060), s. 26 — Legacy to executors and trustees "as remuneration for acting as trustees" — Commission.

Income Tax Act 1895 (No. 1374), s. 9 (14) — Shareholder of company — Company formed primarily for mining purposes — Sale of freehold assets — Distribution of purchase money amongst shareholders — Liability to tax — "Dividends or profits credited to shareholders" — Deduction for capital subscribed — "Outgoing."

Probate duty — Payment 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" — Further statements for duty — Administration and Probate Act 1890 (No. 1060), ss. 97, 98, 99, 105, 106, 108 — Prerogative right of Crown as to costs — Crown Remedies and Liability Act 1890 (No. 1080), Part I. — Suits by the Crown — Costs against the Crown.

Contract, building — Architect, provision for the appointment of — Waiver — Work to be done to satisfaction of owner — Payment — Subsequent discovery of defects.

Trade Mark — Rectification of the register — Trade Marks Act (No. 2) 1890 (No. 1183), ss. 8, 17, 29 — Words "calculated to deceive" — Descriptive words — "Old mark."

Practice — Leave to appeal to Privy Council — "Matter in issue" — Value of matter in issue — Jurisdiction of Parliament of Victoria as to appeals to Privy Council — Supreme Court Act 1890 (No. 1142), s. 231 — Trade Marks Act 1890 (No. 2), (No. 1183), s. 17 — "Calculated to deceive" — Opposition to registration of label on ground that it contains words calculated to deceive.

Trustee — Precautions by trustee — Standard of conduct — Documents left in hands of solicitor — "Reasonable care."

Infant — "Necessaries" — Goods required for or after marriage — Liability of infant — Sale of Goods Act 1896 (No. 1422), s. 7.

Practice — Costs — Taxation — Counsel's fee — Time for marking.

Supreme Court Act 1890 (No. 1142), ss. 4, 177 — "The Rules of the Supreme Court 1884" — Order XLI., r. 4* — Order XLII., rr. 10, 16 — Judgment — Execution — Rate of interest — Insolvency — Jurisdiction — Partnership Act 1891 (No. 1222), s. 5 — Executors and trustees carrying on business pursuant to trusts of will — Partners.

Police Offences Act 1890 (No. 1126), ss. 49, 51, 89 — Street Betting Suppression Act 1896 (No. 1436), s. 7 — Gaming — Information under two sections — "Assisting" in conducting a common gaming-house — Imprisonment in default of fine greater than maximum for offence — Fine, when payable, where no time fixed.

Slander — Publication — Privilege.

Trusts Act 1890 (No. 1150), s. 60 — Petition for advice — Investigation of facts — Inquiries — Determination of persons entitled to trust property — Practice.

Practice — New trial — Influencing a jury.

Criminal law — Crimes Act 1890 (No. 1079), s. 185 — Arson — Crop of grass, meaning of.

Electric Light and Power Act 1896 (No. 1413), ss. 38, 39 — Supply of electricity — Uniform price.

Mines Act 1897 (No. 1514), s. 135 — Mines Act 1904 (No. 1961), s. 45 (36), (37) — Accident in mine — Machinery used for mining purpose — Exposed or dangerous part — Temporary staging — Breach of regulations.

Savings Banks Act 1890 (No. 1138), s. 7 — General Order No. 26, rr. 45, 48 — Loss of pass-book — Presentation of forged orders accompanied by pass-book — Failure to give notice of loss of pass-book — Liability of bank — Loss falling on depositor.

Fugitive Offenders Act 1881 (44 & 45 Vict., c. 69), ss. 3, 5, and 6 — Judge of a superior Court — Magistrate — Commonwealth — State — British possession — Part of Her Majesty's dominions — Warrant, offence mentioned in — Colonial Legislature, powers of — Final decision — Bail, jurisdiction to grant.

Habeas corpus — Restraint under authority of Commonwealth — Jurisdiction of State court — Return to habeas corpus — Practice — Necessity to verify return by affidavit — Necessity or admissibility of evidence in reply to return — Evidence by affidavit — Sufficiency of return — "Prohibited immigrant" — Application of Commonwealth Immigration Restriction Acts 1901-1905 to naturalized or domiciled Victorian — Person returning to his domicile — "Immigrant" — "Immigration" — Extra-territorial effect of naturalization — Powers of officers administering Immigration Restriction Acts.

By-law — Legality — Unreasonableness — Uncertainty — Reservation of power to fix amount of fee payable under — Betting — Bookmaker — Nuisance — The Victoria Racing Club Act 1871 (35 Vict. No. 398), ss. 10, 13, 14, 17, 20, 24.

Legal Practitioners Reciprocity Act 1903 (No. 1887) — "Rules for the Admission of Barristers and Solicitors of 16th February 1905," r. 11.

Probate duty — Property over which deceased had general power of appointment by will — "Power to dispose of by will or deed" — Administration and Probate Act 1903 (No. 1815), s. 13.

Stamps Act 1890 (No. 1140), s. 81, Schedule 3, Division 1 — Stamp Duty — Promissory note — Debenture — Company.

Evidence — Written document — Notice — Secondary evidence — Notice to produce, when necessary — Thistle Act 1890 (No. 1145). s. 4.

Patents Act 1890 (No. 1123), s. 56 — Publication — Foreign patent, description of in Patent Office Library — Combination.

Practice — Patents Act 1890 (No. 1123), s. 33 — Appeal from law officer to Supreme Court — Listing of appeal.

Divorce — Husband and wife — Adultery of petitioner — Discretionary bar — Marriage Act 1890 (No. 1166), s. 86.

Practice — Trial in Court of Petty Sessions — Witness — Ordering witnesses out of Court — Counsel of one party subpnaed as witness by other party permitted to remain in Court — Justices Act 1890 (No. 1105), s. 77 (1), (11) — Summons to attend Commission appointed by Governor in Council — Summons defective in form — Refusal to be sworn and give evidence — Validity of conviction — Evidence Act 1890 (No. 1088), ss. 12, 13.

Practice — Security for costs — Foreign company carrying on business in Victoria — Registration of agent and situation of office — Companies Act 1896 (No. 1482), s. 70 (1), (3).

Public Service Act 1900 (No. 1721) — Salaries of officers of the Trade and Customs, Defence, and Post and Telegraph Departments — "Officer of corresponding position in any Australian colony" — Identity of duties — Differences in local conditions — Public Service Act 1890 (No. 1133), s. 23.

Dentist — Unregistered person — Taking "title" of dentist — Oral assertion of qualification — "Using at place of business words implying the practice of dentistry" — Dentists Act 1898 (No. 1595), s. 7.

Divorce — Desertion — Deed of separation — Conduct of respondent in violation of deed — Marriage Act 1890 (No. 1166), s. 74.

Divorce — Desertion — Deed of separation — Breach of covenants in deed of separation — Revocation of licence to live apart — Marriage Act 1890 (No. 1166), s. 74.

Factories and Shops Acts — 1900 (No. 1654), ss. 4, 15; 1903 (No. 1857), s. 7 — Amending section — Determination of Wages Board — Wages of apprentice or improver — Agreement for apprenticeship not under seal — Clause binding employer to instruct, absence of — Employer's trade not referred to — "Apprentice" — "Improver" — "Indentures of apprenticeship" — Practice — Infant complainant — Cause of action in which infant entitled to sue in Petty Sessions — Order to review by infant — Next friend — Justices Act 1890 (No. 1105), s. 72 — "Rules of the Supreme Court 1884" — Order XVI., r. 16.

Gaming — Club — Incorporated company formed for gambling — Totalisator run amongst members — Deduction from moneys invested on totalisator — Onus of proof as to how deduction utilized — "Moneys received as a consideration to pay moneys on contingencies relating to horse-race" — Police Offences Act 1890 (No. 1126), ss. 49, 51 — Practice — Case stated — Justices Act 1890 (No. 1105), s. 139.

Book Debts Act 1896 (No. 1424), ss. 2, 3 — Deposit of documents — Equitable assignment.

Probate practice — Administration de bonis non — Executors of first administrator — Next of kin — Advertisement — Power of attorney, construction of — "The Equity Trustees Executors and Agency Company Limited Act," No. 978 (1888), s. 9.

Injunction — Interlocutory — Play, title of — Distinctive words — Imitation by others — Right to prevent — "Theatre," meaning of.

Practice — Mode of trial — Endorsement on writ as to mode of trial — Order that plaintiff be at liberty to apply for jury — Application for jury, time for — "Cause heretofore within cognizance of the Court in its equitable jurisdiction" — Right to have jury — Discretion of Court as to mode of trial — "Hides of the Supreme Court 1884" — Order XXXVI., rr. 3, 6 — "Rules of the Supreme Court 1904" — Order XVIII. A, r. 6.

Evidence, admissibility of — Pedigree — Public reputation — Declarations by deceased persons — Certificates of birth, baptism, death, and burial.

Criminal law — Letter demanding money with menaces — Felonious intent — Uttering — Crimes Act 1890 (No. 1079), s. 113.

Evidence Act 1890 (No. 1088), s. 55 — "Information acquired by physician or surgeon."

Patents Act 1903 (Commonwealth) (3 Edw. VII., No. 21), ss. 6, 18, 19 — Law officer under Patents Act 1890 (No. 1123) — Officer exercising similar functions under the Commonwealth — Appeal — Jurisdiction of Supreme Court.

Medical Act 1890 (No. 1118), s. 97 — Friendly Societies Act 1890 (No. 1094), ss. 5 (2), 39 — Friendly Societies' Dispensary — Rule providing for purchasing members — Rule registered under Friendly Societies Act — Validity of rule — Jurisdiction of Court to inquire into validity — Employment of registered chemists by committee — Carrying on business of chemist without being registered — Liability of members of committee.

Contempt of Court — Court of General Sessions, jurisdiction of — Justices Act 1890 (No. 1105), s. 184.

Stamps Act 1892 (No. 1274), ss. 4, 28, Schedule, Part VIII. — Special power of appointment, exercise of — Settlement — Deed of gift — Duty — Practice — Special case stated by the Collector of Imposts — Right to begin.

The Companies Act 1890 (No. 1074), ss. 24, 39, 71 — Winding-up — Contributory — Conditional application for shares — Waiver.

Practice — Petition for advice — Determination of persons entitled to trust property — Doubtful question of fact — Duties of trustee — Trusts Act 1890 (No. 1150), s. 60.

Practice — Court of Petty Sessions — Maintenance order, disobedience of — Service of maintenance order, necessity for — Proof of service by affidavit — Direction to pay maintenance money to Clerk of Petty Sessions — "Person" — Validity of order — Practice, long established, effect of — Evidence — Public document — "Suitors' Cash Book" — Rules under Justices Act 1890, r. 10 — Marriage Act 1890 (No. 1166), ss. 43, 51 — Justices Act 1890 (No. 1105), ss. 23 (2), (3), 74.

Will — Execution of — Validity — Position of signature — Wills Act 1890 (No. 1159), ss. 7, 8.

Practice — Order to review — Evidence, conflict of — Affidavits in reply — Duty of justices as to filing affidavits — Justices' affidavit, form and effect of — Bringing affidavits under justices' notice — Criminal trial — Irregularity of procedure — Trial of several persons together — Evidence — Defendants ordered out of Court during trial — Justices Act 1890 (No. 1105), ss. 149, 150.

Master and servant — Acceptance of service in return for charity — Implied contract.

Transfer of Land Act 1890 (No. 1149), ss. 92, 130 — Mortgagor and mortgagee — Covenants for payment in mortgage — Foreclosure — Action on covenants after foreclosure — Specialty debt — Statute of Limitations — Supreme Court Act 1890 (No. 1142), s. 83 — Real Property Act 1890 (No. 1136), s. 49.

Justices — Order of — Justices Act 1904 (No. 1959), s. 21 — No jurisdiction to make order — Substantial justice done — Whether subject of review — Question, when determinable.

Mining — Trespass — Possession sufficient to maintain action for — Quartz-prospecting area — Prim facie title to — Marking out without miner's right — Registration — Gippsland District By-laws, Nos. 4, 5, 6 — Mines Act 1890, ss. 5, 265.

Justices Act 1904 (No. 1959), s. 21 — Order to review — Amount involved not exceeding 5l. — Vermin Destruction Act 1890 (No. 1153), s. 20 — Notice — Service by registered letter — Address — Expenses reasonably incurred by inspector, evidence of.

13 Geo. II., c. 18, s. 5 — Supreme Court Act 1890 (No. 1142), ss. 25, 31 — Practice — Certiorari — General Sessions — Service of notice.

Will — Construction — Misnomer of legatee — Description of legatee — Legacy to non-existent person — Object of testator's bounty, ascertainment of — Extrinsic evidence to explain will — Surrounding facts known to testator — Admissibility of evidence.

Licensing Act 1890 (No. 1111), ss. 11, 128 — Law relating to the closing of shops — Grocer's shop — Hour of closing — Factories and Shops Act 1905 (No. 1975), s. 5 — Factories and Shops Act 1905 (2) (No. 2008), ss. 21, 22.

Practice — Mode of trial — Endorsement on writ as to mode of trial — Order that plaintiff be at liberty to apply for jury — Application for jury, time for — "Cause heretofore within cognizance of the Court in its equitable jurisdiction" — Right to have jury — Discretion of Court as to mode of trial — "Rules of the Supreme Court 1884" — Order XXXVI., rr. 3, 6 — "Rules of the Supreme Court 1904" — Order XVIII.A, r. 6.

Companies Act 1890 — (No. 1074), s. 67; 1896 (No. 1482), s. 168 — Company — Winding up — Contributory — Set-off of present debt of company against liability for future calls — Directors, managers, and liquidators — Appointment of, defects in — Minutes.

By-law — Legality of — Right of Court to determine — Unreasonableness — Uncertainty — Public racecourse — Betting — Bookmaker — The Victoria Racing Club Act 1871 (35 Vict., No. 398), ss. 10, 13, 14, 15, 17, 20, 24 — Practice — "Rules of the Supreme Court 1884" — Order XXV., r. 5 — Declaratory judgment.

Public Service Act 1900 (No. 1721), s. 23 — Salaries of officers of the Trade and Customs, Defence, and Post and Telegraph Departments — "Officer of corresponding position in any Australian colony."

Unincorporated company — Shares in company subject to trusts of a will — Undistributed profits — Life assurance fund — Contingency fund — Dividend — Capital or income — Tenant for life and remainderman — Companies Act 1890 (No. 1074), Part III., sec. 335 — Intention of testator — Evidence of surrounding circumstances, admissibility of.

Practice — Costs — Application for final judgment, refusal of — Directions as on summons for directions — Apportionment of costs — "Rules of the Supreme Court 1900" — Order XIV., rr. 1, 8.

Lease — Forfeiture for non-payment of rent — Relief — The Crown and the Board of Land and Works and tenants thereof.

Practice — Trustee dying without heir or personal representative — Vesting order — Trusts Act 1890 (No. 1150), s. 17.

Dentist — Unregistered person — "Using at place of business words implying the practice of dentistry" — Dentists Act 1898 (No. 1595), s. 7.

Practice — Procedure — Disobedience of order to pay money — Writ of execution — Writ of attachment — Election — "The Rules of the Supreme Court 1884" — Order XLII., rr. 3, 6, 7, 17 — Order XLIV., r. 2 — Imprisonment of Fraudulent Debtors Act 1890 (No. 1100).

Practice — Divorce — Investigation of wife's case — Payment into Court by husband — Time for application — Marriage Act 1890 (No. 1166). s. 111.

Markets Act 1890 (No. 1115), s. 25 — Act G. Vict., No. 7, ss. 71, 72 — Melbourne, City of — Markets — Selling goods elsewhere.

Patent — Validity — Prior user — Sale before patent obtained — Identity of article previously sold with patented article — Onus of proof — Utility — Mistake in specifications.

Administration and Probate Act 1890 (No. 1060), s. 40 — Intestate Estates Act 1896 (No. 1419) — Intestate dying domiciled out of Victoria — Widow's charge of 1000l. — Mortgage debt, movable or immovable — Debts to be paid out of Victorian estate — Apportionment.

Local Government Act 1903 (No. 1893), ss. 694, 695, 696, 697 — Prosecution by municipality — Information, who may lay — Officer authorized — Information in name of — Authority to prosecute — Interpretation of.

Will — construction — Carrying on testator's business — Duties and powers of trustees — Fiduciary relationship — Trustee and beneficiary — Banker — Beneficiary, surety for trustee to — Undue influence — Independent advice — Interpretation — "The manager" of a bank.

Landlord and tenant — Fixtures — Evidence — Lease, surrender of and acceptance of new lease — Effect on fixtures.

Police Offences Act 1890 (No. 1126), s. 40 (1) — Idle and disorderly person — Justices — Functions, judicial or ministerial — "Required" — Duly summoned — Visible means of support.

Practice — Taxation of costs — Procuring evidence before action set down for trial — Discretion and duty of Taxing Master — Disallowance of costs unnecessarily incurred — Summons for directions, effect on costs — "Procuring evidence" — "Preparation of brief" — "Rules of the Supreme Court 1884" — Order LXV., r. 27 (9), (29), (38), (49).

Company — Contract with — Agreement implied from Articles of Association and conduct — Statute of Frauds — "Note or memorandum" of agreement — Instruments Act 1890 (No. 1103), s. 208 — Waiver.

Divorce — Adultery by petitioner — Discretionary bar — Duty of petitioner to disclose material facts — Marriage Act 1890 (No. 1166), ss. 74, 86.

Butchers and Abattoirs Act 1890 (No. 1069), s. 26 — "Slaughtering cattle without licence or in unlicensed place" — "Contrary to the provisions of this Act" — Offence not specifically created — Penalty — Mens rea — Offence, whether joint or severable — Penalty, joint or several, liability to.