R. v. ELTONVLR 1
Criminal law — Forgery — Intention to defraud — Public document — Marriage Act 1909 (No. 2192), s. 2 — Permit to marry without notice.
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Cases reported in this volume of the Victorian Reports
Criminal law — Forgery — Intention to defraud — Public document — Marriage Act 1909 (No. 2192), s. 2 — Permit to marry without notice.
Justices Act 1890 (No. 1105), s. 23 (1) — Practice — Service — Summons — Abode, last place of.
Criminal law — Receiving — Guilty knowledge — Anticipated defence of innocent receipt of stolen property — Evidence to rebut — Admissibility of — Course of dealing — Finding of "burglar's kit" on prisoner's premises.
Wills Act 1890 (No. 1159), ss. 7 and 8 — Will — Probate — Will written on first, third, and second pages — Signature of testator on second page.
Probate — Practice — Limited grant — Person appointed executor for purpose of carrying into effect certain dispositions — Grant of probate limited to such purposes.
Contract — Sale of goods to be shipped abroad — "C.i.f.e." contract — Place of delivery — County Court practice — Jurisdiction — Part of cause of action arising out of jurisdiction.
Hackney carriages — Negligence of driver — Liability of cab-owner — By-law 78 of the City of Melbourne — Regulation prohibiting owner from entrusting licensed carriage to any person except as his servant — Prim facie presumption of relation of master and servant — Practice — Overruling by Full Court of its own decisions.
Police Offences Act 1907 (No. 2093), s. 4 (1) (3) — Charge of having insufficient lawful means of support — Possession of money honestly obtained — Prostitution — "Lawful means of support" — Money "honestly obtained."
Deed of assignment for benefit of creditors generally — Act of insolvency — Creditor acquiescing in deed — Delay, effect of — Estoppel — Insolvency.
Administration practice — Administration and Probate Act 1907 (No. 2120), s. 5 (1) (2) — Removal of executor — Parties to summons — Directions of Judge.
Pure Food Act 1905 (No. 2010), s. 23 — Sale of adulterated article of food — Request that part of the article taken for analysis be sent to the Board of Health — Time for making request — Evidence — Good character, evidence of — Previous convictions, evidence of, admissibility.
Arbitration — Award — Discovery of material evidence after publication of award — Want of diligence on part of party in whose favour evidence is — Referring back award — Amendment of award.
Parent and child — Purchase in the name of child — Parent to retain life interest — Advancement, presumption of rebutted — Purchase of shares.
Practice — Pleading — Reply — Departure — New ground of claim raised in reply — Rules of Supreme Court — Order XIX., r. 16.
Widows and Young Children Maintenance Act 1906 (No. 2074), s. 3 — Jurisdiction and discretion of Court — Maintenance of widow and children — "Left without sufficient means of support."
Mines Act 1907 (No. 2127), ss. 9, 14 — Sludge Abatement Board — Order made by Board without notice to party affected — "Audi alteram partem" — Nullity of order — Existence of another remedy — Defence that order a nullity.
Water — Land taken for irrigation channels — Compensation, how assessed — Arbitration — Water Act 1905 (No. 2016), sec. 231.
Constructive trustee — Master and servant — Fiduciary relationship — Servant employed to sell business as a going concern — Servant secretly procuring determination of master's tenancy and lease for himself — Exclusion of master from premises — Action for trespass — Cross-appeal, notice of — Rules of the Supreme Court 1906 — Order LVIII., r. 6.
Trusts Act 1896 (No. 1421), s. 11 — Power of trustee or executor to compromise debts, claims, &c. — Compromise of future liability of tenant for life for repairs — Compromise affecting other beneficiaries — Breach of trust.
Practice — Probate — Administration — Revocation — Motion — Evidence — Document — Notary public.
Divorce — Presentation of petition — Resumption of cohabitation with respondent — Condonation — Revival of matrimonial offence — Jurisdiction of Court to grant decree nisi — Marriage Act 1890 (No. 1166), s. 74 (b).
Licensing — Application for licence — Petition of objection by ratepayers — Determination as to neighbourhood — Certainty of — Pronouncement in open Court — Remitting case to Licensing Court on hearing of special case — Licensing Act 1890 (No. 1111). ss. 62, 85, 92, 93.
Health Act 1890 (No. 1098), s. 226 — Noxious trade causing nuisance — Meaning of "nuisance" — Omission to use means provided to prevent.
Justices Act 1890, s. 98, Schedule II. Form 55 — Interpleader summons — Withdrawal of claim — Right of magistrate to adjudicate.
Probate duty — Settlement — Rate of duty payable — Administration and Probate Act 1903 (No. 1815) — Second Schedule, Part II., sec. 9 — Grant of judicial or quasi-judicial jurisdiction — Absence of machinery for its exercise — Duty of person granted jurisdiction to prescribe necessary machinery — "Institution for the promotion of science and art" — What is — Administration and Probate Duties Act 1907 (No. 2089), sec. 3.
Company — Name struck off Register of Companies as defunct — Company carrying on operations thereafter — Restoration of name — Practice — Notice of application — Directions as to meetings to be held after restoration — Companies Act 1896 (No. 1482), s. 161.
Widows and Young Children Maintenance Act 1906 (No. 2074), ss. 3, 8 (1) — Widow left without sufficient means of support — Application for further provision — Circumstances disentitling her to the benefit of the Act.
Vaccination — Notice to parent — Intimation when and where public vaccinator would attend — Non-attendance of public vaccinator — Duty of parent to have child vaccinated — Health Act 1890 (No. 1098), ss. 194, 204, Schedule 18.
Service and Execution of Process Act 1901, No. 11 (Commonwealth), s. 18 — Warrant endorsed for execution in another State — Arrest of person charged — Jurisdiction of justice of the peace — Jurisdiction of Judge — Unjust or oppressive, what amounts to — Practice — Form of order.
Supreme Court Art 1890 (No. 1142), s. 211 — Conveyancing by unqualified persons — Agreement between father and son for transfer of land after father's death in consideration of support by son.
Will — Construction — Meaning of the words "dying without leaving lawful issue" — Rule of construction — Meaning of the words "die seised or possessed."
Insolvency Act 1890 (No. 1102), ss. 37 (1), 45, 47 — Order nisi for sequestration — Assignment for the benefit of creditors — Acquiescence by petitioning creditor — Estoppel.
County Court Act 1890 (No. 1078), s. 51 — Cause of action fit to be prosecuted in the Supreme Court — Discretion of Judge — Materials for its exercise — Appeal.
Contract — Written document — Parol evidence to explain — When admissible.
Practice — County Court — Costs — No jurisdiction — Cause struck out — Power to award costs to defendant — Refusal of Judge to award costs — Appeal — Mandamus — County Court Act 1890 (No. 1078), ss. 48, 94, 133, 134, 147.
County Court Act 1890 (No. 1078), s. 89 — Right to jury — Equitable action — Claim for declaration.
Income Tax Act 1903 (No. 1819), s. 9 (1) — "Profits" earned by a company — Admission in balance-sheet — Effect.
Will — Construction — Contingent gift to infants — Fund set apart — Income — Who entitled to — Trusts Act 1896 (No. 1421), s. 18.
Will — Direction to accumulate — Validity of — Provision for raising portions — Thellusson Act (Wills Act 1890 (No. 1159), ss. 35, 36) — Trust for sale "with all convenient speed" — Power to postpone sale.
Companies — Examination of persons capable of giving information concerning the dealings of the company — Companies Act 1890 (No. 1074), s. 109.
Criminal law — Vagrancy — Lawful means of support, what constitutes — Prostitution — Possession of money and chattels acquired from earnings of prostitution — Money or property honestly obtained — Police Offences Act 1890 (No. 1126), s. 40 — Police Offences Act 1907 (No. 2093), s. 4.
Trustees — Executors — Passing accounts — Commission — Originating summons for sole purpose of passing accounts and obtaining commission — Trustees' costs out of estate — Administration and Probate Act (No. 1060), s. 26.
Practice — Interrogatories — Discovery — Fraud, charge of — Communications between solicitor and client — Privilege — Denial of fraud in answer.
Practice — Discovery and interrogatories — Power to order against the Commonwealth of Australia — Rules of the Supreme Court 1906 — Order XXXI., rr. 5, 12.
Practice — Mode of trial — Common law claim — Defence of release by deed — Reply that deed procured by fraud and undue influence — Right to jury — Rules of Supreme Court 1906 — Order XXXVI., rr. 3, 6.
Will — Interpretation — Gift in equal shares to A. and the children of B. — Gift to class — Division per capita.
Settled Estates and Settled Lands Act 1909 (No. 2235) — Tenant for life — Infant absolutely entitled, subject to a condition — Executory limitation over — Possession, estate in.
Practice — Arbitration — Summons for directions — Rules of the Supreme Court 1906 — Order XXX., r. 2 — Action for losses caused by sparks from a railway engine — Railways Act 1896 (No. 1439), s. 21.
The Justices Act 1890 (No. 1105), ss. 94, 102 — Justices — Distress — Order for payment of money, in default distress — Application for warrant — Right of defendant to be heard.
Practice — Third party notice — Amendment — Rules of the Supreme Court 1906 — Order XXVIII., rr. 1, 12 — Order XVI., r. 48.
Contract of sale — Error in particulars — Vendor's right to annul — Purchaser's right to compensation — "About 40 ft.," meaning of.
Practice — Probate — Administration and Probate Act 1890 (No. 1060), s. 18 — Caveat on behalf of infant — How it may be lodged — Discovery — Right to, how limited.
Trusts Act 1890 (No. 1150), ss. 34, 36 — Transfer of Land Act 1890 (No. 1149), s. 188 — New trustee, appointment of — Vesting order where land is under the Transfer of Land Act 1890.
Administration — Sureties — Transfer of assets to sureties, validity of — Breach of trust — Parties.
Criminal Law — Receiving stolen property — Theft, proof of — Identity of goods, proof of — Similarity of goods — Failure to account.
Will — Corpus — Income — Life tenant — Remainderman — Licence, deprivation of — Compensation — Licensing Act 1890 (No. 1111), s. 44.
Practice — Criminal law — Trial — Persons presented jointly — Power of Court to order separate trials.
Licensing Act 1890 (No. 1111), s. 124 — Licensing Act 1906 (No. 2068), s. 73 — Liquor supplied to intoxicated person — Supply by barman in absence of licensee — Instructions not to supply — Liability of licensee.
Husband and wife — Divorce — Petition — Petitioner repeatedly assaulted and cruelly beaten — Marriage Act 1890 (No. 1166), s. 74 (d).
Will — Probate duty — Voluntary transfer by testator during lifetime — Duty chargeable on property transferred — Direction by testator for payment of funeral and testamentary expenses and debts out of his residuary estate — Administration and Probate Acts (No. 1815), s. 11; (No. 2120), s. 3.
Health Act 1890 (No. 1098), ss. 53, 54 — Unwholesome food — Possession for sale for human consumption — Onus placed by Statute on the defendant — What is necessary to satisfy onus.
Railway — Construction — Embankment — Flood waters — Diversion of waters by embankment — Damage to adjoining lands — Statutory powers — Railways Act 1891 (No. 1250), ss. 4, 5.
Will — Construction — Maintenance, discretionary trust for — Whence ultimately payable — Effect of in vesting interest in capital — Constructive gift — Series of trusts — Non-arising of first trust — Effect of upon later trusts.
Will — Construction — Life estate to testator's son on attaining twenty-five — Subsequent declaration that son should acquire a profession before getting possession of estate, effect of — Direction that trustees should see that son acquired profession, effect of — Direction to invest trust funds in named securities — Power to invest in securities allowed by the Trusts Acts — Trusts Act 1890 (No. 1150), s. 88 — Trusts Act 1896 (No. 1421), s. 22 — Trusts Act 1906 (No. 2022), s. 4.
Practice — Evidence Act 1890 (No. 1088), ss. 4, 10 — Service and Execution of Process Act (Commonwealth) 1901 (No. 11), s. 16 — Evidence — Commission to examine witnesses in another State.
Will — Probate duty — Apportionment of — Apportionment on wrong principle — Mistake of law — Agreement by tenant for life to pay amount so apportioned not binding — Administration and Probate Act 1890 (No. 1060), s. 103 — Administration and Probate Act 1907 (No. 2120), s. 3.
Licensing Act 1906 (No. 2068), s. 98 — Information relating to betting — What is — Past races, information relating to betting on.
Negligence — Landlord and tenant — Building let in flats — Duty of landlord to protect tenants on lower floors — Injury caused by water from upper floor — Intervening malicious act of third person.
Practice — Rules of the Supreme Court of 1906 — Order XXXVI., r. 11 — Entry of cause for trial — "Sittings that shall be holden next after the time of entering" — Meaning of.
Husband and wife — Necessaries — Sale by deserted wife of her husband's goods — Wife's authority.
Practice — Health Act 1890 (No. 1098), s. 225 — Three convictions — Existence of, sufficient — Appeal to the Board — Right to be heard on appeal — "Board of Public Health" — Liability to be sued under that name.
Practice — Administration — Legal estate in trust premises outstanding at executor's death — Executorial duties completed — Administration de bonis non.
Administration — Probate and Administration Rules 1906, rr. 4, 15 — Grant of limited administration — "Peculiar circumstances" — Power to dispense with compliance with rules.
Will — Construction — Heir-at-law — Right heirs — Devise to testator's right heirs — Power of appointment — Legacies to objects of power charged on subject-matter of power — Valid exercise of power.
Will — Construction — Precatory trust — Hoping.
Police Offences Act 1890 (No. 1126), ss. 37, 62, 64 — "Using a room for the purpose of unlawful gaming being carried on therein" — User, what is — Gaming, what is unlawful — Lotteries Gaming and Betting Act 1906 (No. 2055), s. 31 — Lottery, what is.
Husband and wife — Divorce — Alimony pendente lite — Deed of separation containing covenant not to require payment of maintenance.
Marriage Act 1890 (No. 1166), ss. 43, 51 — Husband and wife — Maintenance order, arrears due under — Action for recovery — Obligation imposed by Statute — Remedy provided.
Trustees — Incapacity from mental and physical infirmity — Appointment of new trustee — Land under Transfer of Land Act — Vesting order, power of Court to make — Trusts Act 1890 (No. 1150), s. 4 — Trusts Act 1896 (No. 1421), s. 7.
Practice — Defamation — Libel — Fair comment — Justification — Plea that in so far as the words complained of consist of statements of fact they are true in substance and in fact, and in so far as such words consist of comment they are fair and bon fide comment on matters of public interest.
Malicious arrest — Malicious prosecution — Arrest in foreign country — Proof of termination of prior proceedings in plaintiff's favour — Abuse of process of the Court — International law.
Friendly society — Domestic tribunal — Disqualification — Personal interest — Nemo debit esse judex in propri su caus — Interpretation of rules — Expulsion of member — Friendly Societies Act 1890 (No. 1094), s. 20.
Trial by jury — Misconduct of juryman — New trial — Evidence — Discharge of jury — Withdrawal of discharge — Juries Act 1895 (No. 1391), s. 4 (2) — Libel — Excessive damages.