County Court — Practice — Liquidated money demand — Form of summons — Amendment — County Court Act 1890 (No. 1078), ss. 61, 64.

Criminal law — Larceny — Variance as to date of offence between presentment and finding of jury — Amendment not asked for — Doctrine of recent possession — Crimes Act 1890 (No. 1079), ss. 422.

Will — Gift of residue — Subsequent devise by codicil of part of residue — Lapse of subsequent devise — Intestacy — Gift to class.

Practice — Final judgment — Affidavit in support, contents of — Refusal of applicant to submit to cross-examination — Equitable assignment of debt — Notice — "Debt or liquidated demand" — Parties — Assignor of debt — Supreme Court Act 1890 (No. 1142), s. 63 (6) — Rules of the Supreme Court 1906 — Order III., r. 6; Order XIV., r. 1.

Administration and Probate Act 1890 (No. 1060), ss. 15, 16 — Probate practice — Administration bond — Dispensing with bond — Jurisdiction.

Companies Act 1890 (No. 1074), s. 76 — Companies Act 1896 (No. 1482), ss. 1, 2, 70 — Foreign corporation — Winding-up — Jurisdiction.

Landlord and tenant — Corporation owner of tenement — Notice of owner's intention to apply for possession of property held over — Signature by manager of company — Statutory right, necessity for personal exercise of — Signature by an agent — Recital in notice of owner's intention to apply for possession of property held over from third person — Validity of notice — Right of purchaser of tenement to apply for warrant of possession — Landlord and Tenant Act 1890 (No. 1108), s. 92, Eighth Schedule.

Will — Construction — General direction in will that legacies shall be free of duty — Additional legacies by codicil including legacies to persons not named in will — Duty on legacies in codicil — Direction in will for payment of interest from testator's death to particular legatees — Interest on additional legacies under codicil — Administration and Probate Act 1890 (No. 1060), s. 103.

Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22 — Character of proceedings under — Power of justices to summon debtor as witness — Adjournment — Non-attendance on adjourned hearing — Fine for — Conduct money — Justices Act 1890 (No. 1105), ss. 36 (4), 78 (4).

Company — No liability mining — Sale of assets — Resolution therefor by majority of shareholders — Consideration in part allotment of shares in another company — Companies Act 1890 (No. 1074), Part II., s. 191.

Divorce — Desertion — Petitioner's adultery — Discretionary bar — Principles on which discretion exercised — Marriage Act 1890 (No. 1166), s. 86.

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

Justices — Jurisdiction — Boundaries of bailiwick — Evidence — Judicial notice — Supreme Court Act 1890 (No. 1142), s. 43 — Supreme Court Act 1891 (No. 1208), s. 7 — Justices Act 1890 (No. 1105), s. 73 (3).

Practice — Chief Clerk — Taking accounts — Fees chargeable — Rules of the Supreme Court 1884, App. O*.

Licences Reduction Board — Procedure — Convictions within sec. 44 (a) (b) of Act No. 2068 — Review of determinations of Board by Supreme Court — Prohibition — Licensing Act 1890 (No. 1111), ss. 32, 33, 34, 66, 121 — Licensing Act 1904 (No. 1929), s. 6 — Licensing Act 1906 (No. 2068), ss. 43, 44, 45, 46, 50, 124.

Criminal law — Horse — Bailment for particular purpose — Use by bailee for other purposes — Crimes Act 1890 (No. 1079), s. 74.

Mines Act 1890 (No. 1120), s. 64 — Mines Act 1897 (No. 1514), s. 44 — "Land alienated from the Crown" — Land held under licence — Lease — Fee subsequently acquired — "Alienated."

Criminal law — Larceny — Friendly society — Moneys of, in treasurer's custody — Felonious taking by trustee of the society — Form of presentment against — Property laid in treasurer — Larceny of property by owner thereof — Friendly Societies Act 1890 (No. 1094), s. 16 (3), (6).

Nuisance — Chimney sending forth smoke so as to be — Statutory offence — Health Act 1890 (No. 1098), s. 216 (7), and second proviso to section — Applicability of proviso.

Opium Smoking Prohibition Act 1905 (No. 2003), ss. 2, 10 — Statutory offence — Person who is "privy" to offence against the Act — Meaning of "privy" — Evidence of offence — Conviction of principal offender inadmissible — Res inter alios acta.

Pounds Act 1890 (No. 1129), ss. 21, 22 — Sale by poundkeeper — Omission to insert prescribed advertisements — Sale before prescribed time — Effect thereof on title of purchaser.

Commonwealth Trade Marks Act 1905 (No. 20), ss. 6 (b), 14 (b) — Victorian Trade Marks Act 1890, No. 2 (1183), ss. 13 (4), 16, 17 — State Trade Marks Acts — Transference of administration from State to Commonwealth — Pending application — Jurisdiction of State Supreme Court — Application to register mark — Opposition on ground of resemblance to opponent's mark — "Three Star" — "Starlight."

Practice — Parties — Joint contractors, non-joinder of — Failure of defendant to apply before hearing — Refusal to stay action.

Criminal law — Inciting — Evidence — Admissions by conduct — Corroboration.

Money Lenders Act 1906 (No. 2061), ss. 2, 4 (1), 12 — How far retrospective — Action on promissory note — "Action for money lent" — "Security" — Evidence that interest charged is "excessive" — "Harsh and unconscionable" — Promissory note to order of payee — Liability of indorser — "Holder in due course" — Instruments Act 1890 (No. 1103), ss. 22, 24, 28, 30, 57, 59 (1), 85.

Insolvency — Fraudulent preference — Burden of proof — Pressure — Dispensation, refusal of — Form of order — Insolvency Act 1890 (No. 1102), ss. 73, 139, 141 (xiii.) — Insolvency Act 1897 (No. 1514), s. 116.

Licensing Act 1890 (No. 1111), s. 125 — Prohibition order — Reasonable notice of application — Special knowledge of facts of case by an adjudicating magistrate — Duty of magistrates — Evidence.

Will — Gift to daughter with remainder to her children — Gift over upon default of children — Forfeiture of daughter's share — Daughter childless and past childbearing — When share distributable.

Contract c.i.f. — Sale of goods — Place of performance — Bills of lading not in accordance with the contract — Condition precedent.

Practice — Originating summons — Payment of costs out of estate — Order for sale of settled properties — Declaration that woman past child-bearing.

Local Government Act 1903 (No. 1893), s. 708 — Notice of accident — "Unable" — Sufficient reason why person injured was unable to give notice — Jury, question for.

Companies Act 1896 (No. 1482), s. 148 — Company — Winding up, commencement of — Voluntary winding up followed by compulsory winding up — Wages, preferential claim for.

Rules of the Supreme Court 1906 — Order XXX., r. 1 (a) — Order LXIV., r. 7 — Practice — Summons for directions — Expiration of time for taking out summons — Power to enlarge time fixed by rules.

Licensing Act 1906 (No. 2068), s. 76 (1) — Licensed premises, presence on with intent to commit an offence — Prohibited hours, asking for liquor during.

Practice — Costs, taxation of — Solicitor and client — Attendance of solicitor on client — Evidence of necessity for — Attendance instead of letter — Discretion of Taxing Master — Solicitors carrying on business in Melbourne and country — Charges for correspondence and close copies between town and country offices — Attendance of country solicitor at trial — Documents bought from opposite party, charge for — Cash account, moderation of — Right to review — Notes for counsel on appeal — Unusual expenses — Necessity of warning client — Order LXV., r. 31.

Practice — Staying action — Cause of action arising out of jurisdiction — Vexation and oppression — Plaintiff and some witnesses resident in jurisdiction.

Mining — Crown lease of mines on private property — Right of lessee to surface — Possession of land — Relation back of entry by person entitled — Trespass antecedent to entry — Slimes on surface of land.

Widows and Young Children Maintenance Act 1906 (No. 2074), ss. 3, 7, 8 (2) — Allowance to widow by Court out of deceased husband's estate — Assignability of amount allowed.

Trustee, appointment of new — Impracticability thereof without assistance of Court — Evidence in support of application — Trusts Act 1890 (No. 1150), s. 34.

Stamp duty — Sale, conveyance or transfer on — Family arrangement — Division of common property — Instruments effecting same — Exchange and partition or division — Stamps Act 1890 (No. 1140), ss. 93, 95, 97, Schedule III. — Stamps Act 1892 (No. 1274), s. 17, Schedule, Part V.

Costs, taxation of — Party and party — Subpna — Service of, when unnecessary — Leading counsel — Meaning of — Judge's notes — Charges for copy of, when allowable — Refreshers — Discretion of Taxing Master to re-arrange claim for — Rules of Supreme Court 1884 — Order LXV., r. 27 (29), (48).

Voluntary association — Member — Charge of misconduct against — Notice of charge required to be furnished to member — Condition precedent — Noncompliance with — Right of appeal to domestic tribunal by member aggrieved — Effect of failure to appeal on member's right of action.

Practice — Cause of action arising outside jurisdiction — Setting aside writ — Breach of warranty of authority — Money had and received — Place of payment — Amendment of writ on plaintiff electing to strike out causes of action arising abroad — Supreme Court Act 1890 (No. 1142), s. 85.

Police Offences Act 1890 (No. 1126), s. 6 — Highway — Obstruction — Reasonable user.

Crimes Act 1890 (No. 1079), s. 194 — Maliciously injuring fence — Necessity of proving actual malice — Claim of right or title — Ouster of jurisdiction.

Interpleader — Onus of proof — Possession of goods — Husband and wife living together.

Stock Diseases Act 1890 (No. 1141), s. 74 — Travelling sheep — Destination.

Will — Construction — Conditions — Conditional limitations — Gift over on donee ceasing to retain possession of adjoining property or refusing to pay testator's debts — Implication of gift over on donee's death — "All my property" — Gift void for remoteness — Practice — Originating summons — Discretion to determine abstract question.

Bill of exchange — Promissory note — Material alteration — Addition at foot of promissory note of place of payment — "Place of payment" — Discharge from liability — Instruments Act 1890 (No. 1103), s. 65.

Contract — Sale of goods — Memorandum in writing of the contract — Written offer and subsequent written acceptance — Action against offeror — Sale of Goods Act 1896 (No. 1422), s. 9.

Pure Food Act 1905 (No. 2010), s. 23 — Sale of adulterated article of food — Article taken for analysis — Justices requested at hearing to send part for analysis — No part in existence — Compliance condition precedent to conviction.

Will — Construction — Devise to wife with gift over in the event of re-marriage — Estate in fee simple subject to condition.

Landlord and tenant — Agreement for lease — Power of re-entry on non-payment of rent — Necessity of demand for rent not dispensed with — Common law demand.

Pure Food Act 1905 (No. 2010), ss. 32, 35 — Sale of adulterated article of food — Purchase with written warranty — Reasonable precautions against committing an offence against Health Acts — Health Act 1890 (No. 1098) ss. 43, 71.

Will — Legacy — Ademption — Evidence — Statements made by testator, admissibility of.

Executor — Commission — Probate in Scotland and Victoria — Victorian executors, also attorneys of trustees of will in Scotland — Agreement as to commission of — Costs of executor passing accounts — Administration and Probate Act 1890 (No. 1060), s. 26.

Licensing Act 1890 (No. 1111), ss. 134, 135 — Licensing Act 1906 (No. 2068), ss. 80, 81 (1) — Sale to lodger for consumption off licensed premises.

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

Divorce — Desertion — Wife compelled by husband to leave him — Refusal by husband to support wife — Marriage Act 1890 (No. 1166), s. 74 (a).

Companies Act 1896 (No. 1482), ss. 132, 133 — Company — Winding up — Voluntary liquidation — Public examination of promoters, directors, managers, officers, shareholders, and creditors.

Divorce — Costs of unsuccessful wife — Payment by husband of wife's costs — Costs unnecessarily or unreasonably incurred — Certificate of proctor that wife has a good cause of suit or defence on the merits — Duty of proctor — Marriage Act 1890 (No. 1166), s. 111 — Counsel's advice as a protection to a solicitor — Legal Profession Practice Act 1891 (No. 1216).

Poisons Act 1890 (No. 1125), ss. 4, 11 — Poison, sale of — Seller — Sale by servant.

Stamp duty — Trust deed executed under authority of will — "Corresponding trusts" — Instrument creating no new beneficial interests — Appointment of new trustees — Vesting of new securities in new trustees — "Settlement" — Succession of interests in property — Restrictions on use of property — "Usual powers" — Stamps Acts 1890 (No. 1140), s. 71; 1892 (No. 1274), Schedule, Division VIII.

Church of England — Acts 18 Vict. (No. 45); 36 Vict. (No. 454) — Authority of Church Assembly to legislate — Consent of Archbishop of Canterbury — Removal of minister without a hearing — When notice of charge and a hearing necessary — Diocese of Wangaratta — Removal of Clerks Act 1907 (No. 3).

Local Government Act 1903, ss. 179, 694, 695, 13th Schedule, Part XI., r. 29 — Council — Voting — Mandatory — Directory — Evidence — New trial.

Service and Execution of Process Act 1901, 1 Edw. VII., No. 11, sec. 11 — Practice — Foreign procedure — Appearance, no — Service, personal — Affidavit, sufficiency of.

Contract — Life Assurance — Contracts uberrim fidei — Continuing representation — Alteration of circumstances — Non-disclosure of material fact — Warranty — "Basis of the contract" — "Transpire."

Thistle Act 1890 (No. 1145) — Failure to destroy thistles after notice — Sufficiency of notice — Objection taken after conviction — Thistle Act 1893 (No. 1337), s. 4.

Company — Shares — Transfer of by executor of deceased member — Nominal consideration — Avoidance of uncalled liability — Distribution of testator's estate — Companies Act 1890 (No. 1074), s. 39 (1) — Companies Act 1896 (No. 1482), s. 168 (2) — Trusts Act 1901 (No. 1769), s. 2.

Mines Act 1897 (No. 1514), s. 168 — Mines Act 1904 (No. 1961), s. 64 — Mining company — Winding up — Wages — Priority — Costs of administration or otherwise.

Rules of the Supreme Court — Order XXXVI., r. 2 — Practice — Libel, action for — Trial, mode of — Jury, right to.

Factories and Shops Act 1905 (No. 1975), s. 144 — Factories and Shops Act 1905, No. 2 (No. 2008), s. 27 — Carrier — Weekly half-holiday — Employ of general carrier.

Prior convictions, evidence of — Power of justices to receive for purpose of affecting punishment.

Health Act 1890 (No. 1098), Part IX., ss. 191, 194, 204, 214, Eighteenth Schedule — Vaccination — Vaccination district — District of Deputy-Registrar of Deaths and Marriages — Notice naming place for vaccination outside district of Deputy-Registrar — Validity of notice.

Tram ticket, availability of — "Holiday" — "Half-holiday" — "Avoid" payment of fare — Mens rea, absence of — Honest belief of defendant — Tramways Act 1890 (No. 1,148), ss. 3, 4, 5, Second Schedule, clauses 17, 18, 22 — Delegate from promoters — Right to sue for breach of regulations in Second Schedule.

Pure Food Act 1905 (No. 2010), ss. 35, 36 — Keeping for sale an adulterated article of food — Evidence of keeping for sale — Several offences alleged on one day — Conviction for one offence only — Criminal law — Penalties for first offence and second offence respectively — When penalty for second offence may be imposed.

Practice — Interrogatories — Libel — Intention of defendant in using libellous words — Objections to answer — Interrogatories as to contents of written document — Conflict between common law and chancery practice — Nature of interrogatories which may be asked — Further answers to interrogatories — Rules of Supreme Court 1906, Order XXXI., r. 11.

Service and Execution of Process Act (No. 11 of 1901), s. 10 — Writ served on defendant in another State — Security for costs by plaintiff — Discretion of Court or Judge.

Local Government Act 1903 (No. 1893), ss. 455, 456 — Tender — Deposit with tender — Forfeiture of deposit upon withdrawal of tender — Contract — Consideration — Obligation of municipal council to consider tenders — Mode of making municipal contracts — Evidence — Burden of proof.

Juries Act 1890 (No. 1104), s. 39 — Criminal trial — Special jury — Discretion to grant special jury.

Will — Condition — Conditional limitation — Money — Homestead.

Justices Act 1890 (No. 1105), s. 191 — Trifling nature, offence of — Assault — Provocation.

Local Government — By-law, validity of — Cattle yards — Power of municipality to impose penalties for sale of cattle in unlicensed yards — Limitation by by-law of area within which certain kinds of cattle may be sold — Penalties for breach of by-law, when imposable — Wilful breach or default — Local Government Act 1903 (No. 1893), ss. 3, 203, 213, 222, 635 (c).

Practice — Pleading — Libel — Wrongs Act 1890 (No. 1160), s. 5 — Payment into Court — Rules of the Supreme Court 1906, Order XXII., r. 1.

Weights and Measures Act 1890 (No. 1158), s. 54 — Weight — Possession.

Will — Charitable trust — Payment of passage money of selected immigrants of good character — Validity of trust — Relief of poverty.

Widows and Young Children Maintenance Act 1906 (No. 2074), ss. 3, 7 (b), 9 (2) (3) (5) — Insufficient provision by testator for maintenance of widow — Application by widow for further provision — Limit on amount of provision Court may allow.

Police Offences Act 1907 (No. 2093), s. 10 — Stolen property — Possession.

Will — Construction — Application of rules of construction — Intention of testator — Gift of income to unmarried daughters in equal shares — "In case any daughter shall die leaving issue," then her share to go to such issue — Corpus to be distributed after decease of survivor of daughters, and attainment of majority by youngest grandchild — Gift of corpus to grandchildren per stirpes — Tenancy in common with benefit of survivorship — Costs — Costs as between solicitor and client out of estate.

Remission of action from Supreme Court to County Court — "Cause of action fit to be prosecuted in the Supreme Court" — Grounds for refusal to remit — Serious imputation on plaintiff's character — Difficult questions of fact and law — County Court Act 1890 (No. 1078), s. 51.

Stock Diseases Act 1890 (No. 1141), s. 74 — Travelling sheep — Lawful excuse.

Practice — Costs — Contested will — Testamentary capacity — Undue influence — Will upheld — Administration and Probate Act 1890 (No. 1060), s. 21.

Stock Diseases Act 1890 (No. 1141), s. 74 — Travelling sheep to be driven six miles "on each day" — Meaning of "on each day" — Drover liable though not in charge for whole day if sheep not driven necessary distance.

Marriage Act 1901 (No. 1737), s. 3 — Criminal law — Husband — Wife — Leaving wife without adequate means of support.

Book Debts Act 1896 (No. 1424), ss. 2 and 3 — Debt — Factor, obligation to account for proceeds of sale effected on behalf of principal not a debt.

Real Property Act 1890 (No. 1136), s. 18 — Adverse possession — Equivocal acts — "Animus possidendi" — Infant — Stranger entering on land of infant not bailiff, etc., for infant — Limitation of action.

Licensing Act 1890 (No. 1111), s. 74 — Licensing Act 1906 (No. 2068), s. 42 (1) — Licences Reduction Board — Licence, deprivation of — Forfeited — Compensation.

Service and Execution of Process Act 1901, No. 11 (Commonwealth), s. 18 (4) — Application under — Form of order.