ARMSTRONG v. GREAT SOUTHERN GOLD MINING CO.VLR 1
County Court Rules 1891, r. 188 — "Within seven clear days," meaning of — Interpretation clause, applicability of.
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Cases reported in this volume of the Victorian Reports
County Court Rules 1891, r. 188 — "Within seven clear days," meaning of — Interpretation clause, applicability of.
Nuisance — Church bell — Unreasonable disturbance.
Market — Disturbance of market — Shop, what is — Markets Act 1890 (No. 1115), s. 25 — Prohibition of sale of provisions in places other than places appointed by the Commissioners.
Practice — Probate — Application for probate to earlier will, later will being in existence — Testamentary incapacity at date of later will — Procedure — Caveat — Order nisi.
Principal and Agent — Estate agent — Sale of land — Agent's right to commission — "Introduce a buyer," meaning of.
Husband and wife — Divorce — Evidence — Repeated act of adultery — Proof of — Certificate of birth of illegitimate child registered by respondent, who described himself as father.
Venue — Application to change venue — Criminal charge — Second trial — Publication in district of statements made by jurors relating to first trial — Crimes Act 1890 (No. 1,079), s. 406.
Husband and wife — Divorce — Desertion — Insanity of respondent intervening after beginning of desertion — Marriage Act 1890 (No. 1166), s. 74 (a).
Practice — Costs — Solicitor and client — Proposed County Court action never begun — On what scale costs actually incurred taxable — County Court Rules 1891.
Divorce — Practice — Husband and wife — Leave to proceed without co-respondent — Marriage Act 1890 (No. 1166), s. 78.
Factories and Shops Act 1905 (No. 1975), s. 119 (1) (a) — Employing workman at rate lower than rate determined by Special Board — Mens rea, necessity for proof of — Employer, liability of for act of agent.
Vendor and purchaser — Contract of Sale — Grazing area leases — Condition that vendor apply for grazing allotment leases and agricultural allotment leases — Leases for smaller areas granted — Compensation — Title to be produced within eight months — Purchaser's duty to request production — Titles not produced — Right of rescission.
Transfer of Land Act 1904 (No. 1931), s. 10 — Adverse possession — Vesting order — Registered proprietor dead — Procedure — Supreme Court Rules 1906, Chapter VIII., r. 2.
Administration and Probate Act 1890 (No. 1060), s. 112 — Administration and Probate Act 1903 (No. 1815) ss. 8, 9, Schedule II., Part II. — Settlement — Trusts or dispositions to take effect after the death of the settlor — Trusts to take effect upon death of survivor of settlor and wife — Death of settlor before wife — Settlement chargeable with duty — Trusts or dispositions which may take effect either before or after the death of settlor — Property withdrawn from settlement in pursuance of trusts before death of settlor — Only property subject to settlement at time of settlor's death chargeable with duty.
Will — Charity — Gift to charity — Compromise — Attorney-General, consent of.
Practice — Discovery — Documents in existence before commencement of action — Possession obtained by solicitor after action for purposes of action — Privilege — Rules of Supreme Court — Order XXXI., r. 12.
Pounds Act 1890 (No. 1129), s. 9 — Fence, what may be a substantial.
Transfer of Land Act 1890 (No. 1149), ss. 59, 63, 209 — Companies Act 1890 (No. 1074), ss. 234, 235 — Mortgage by company of land under Transfer of Land Act 1890 — Registration under Transfer of Land Act 1890.
Justices Act 1890 (No. 1105), s. 139 — Case stated by Court of General Sessions for opinion of Supreme Court — Form of case — Practice.
Libel — Justification and fair comment — Particulars — Statement of fact — Division into two separate statements — Permissibility of — Particulars, application to strike out — Compromise dictated by Judge.
Criminal law — Evidence — Receiving stolen goods — Doctrine of recent possession — Contradictory accounts of possession given by prisoner, admissibility of.
Trustees — Breach of trust — Erection by trustees of tombstone over testator's grave — Expenditure of trust moneys in completing work begun by testator — Goods supplied by trustee to business carried on under power contained in testator's will — Testator's business advertised at a charge by trustee in trustee's own business — Trustee managing testator's business at salary — Treating of customers — Retirement of trustee in order to continue management at a salary of testator's business — Retention of commission by trustees — Wasting property — Shares in mining companies — Within what time should shares be sold?
Contract — Sale of lands — Statute of Frauds — Memorandum — Series of documents — Signature by amanuensis, sufficiency of — Instruments Act 1890 (No. 1103), ss. 208, 209.
Divorce — Practice — Service, proof by affidavit — Husband and wife.
Justices Act 1890 (No. 1105), s. 141 — Order — No charge against accused — Order remanding to custody reviewable — Children's Court Act 1906 (No. 2058), s. 18 (4).
Police Offences Act 1907 (No. 2093), s. 10 — "Suspected of being stolen" — Meaning of — Time at which suspicion must exist — Scope of sec. 10 (3).
Vendor and purchaser — Derogation from grant — Implied grant — Quasi-easement — Rain water flowing over surface — Adjoining owners — Natural servitude — Alteration of surface — Transfer of Land Act 1890 (No. 1149), s. 89 — Conveyancing Act 1904 (No. 1953), s. 6.
Licensing Acts — Licensing Court — Death of licensee — Lapse of six months — Application for renewal of licence to owners' nominee — Evidence — Evidence not on oath inadmissible — Licensing Act 1890 (No. 1111), s. 115 — Licensed Premises Act 1894 (No. 1364), s. 2.
Local Government — Rateable property — Occupation, exclusive — Wharves — Melbourne Harbor Trust Act 1890 (No. 1119), s. 62 — Practice — Case stated — Right to begin.
Settled Estates and Settled Lands Act 1909 (No. 2235), ss. 50, 51, 99 — Trustees of Settlement — Trustees under will without power of sale — No power in such trustees to consent to sale by tenant for life.
Will — Application for probate — Caveat — Knowledge acquired by propounders of testator's incapacity — Evidence brought before Court by propounders — Order nisi for probate disposed of summarily — Costs.
Practice — Discovery — Documents — Legal professional privilege, extent of — Rules of Supreme Court 1906, Order XXXI., r. 12.
Defamation — Slander — Libel — Defamatory words concerning professional man — Clergyman — Politician — Privilege — Justification — Repetition of defamatory statement — Trial by jury — Validity of findings — Appeal from Supreme Court of a State — Admission of further evidence — Jurisdiction of High Court — Verdict obtained on perjured evidence.
Trust — Infant — Maintenance and education — University fees — Breaking into corpus — Trusts Act 1896 (No. 1421), s. 19.
Insolvency — Settlement by married woman on children — Necessity for registration — Voidability on subsequent insolvency — Insolvency Act 1897 (No. 1513), s. 100.
Contempt of Court — Trial of accused person — Disagreement of jury — Petition by some jurymen to Attorney-General — Petition prepared by clerk to solicitor for accused — Publication of petition in newspaper.
Practice — Costs — Taxation — Witness's expenses — Witness's permanent residence — Travelling expenses from witness's temporary residence to place of trial — Common Law Procedure Act 1865, Schedule XXXVIII.
Nuisance — Drain made by municipal council — Negligence in formation — "Trap" — Injury to straying cattle — Liability of council.
Transfer of land — Transfer by administrator — Transfer more than 20 years after intestate's death — Presumption as to payment of debts — Requisition by Registrar as to concurrence of next of kin — Scope of Registrar's power to requisition — Transfer of Land Act 1890 (No. 1149) — Administration and Probate Act 1890 (No. 1060), s. 7.
Transfer of Land Act 1890 (No. 1149), ss. 91, 193, 209 — Transfer — Executor — Administrator — Transfer by administrator to himself — Release by next of kin — Duty of Registrar to make requisitions.
Nuisance by noise — Church bell — Ringing of, at early hour of the morning — Disturbance of neighbours — Question of degree.
Will — Construction — "Money" — "Securities" — Money on fixed deposit — Money in Savings Bank.
Practice — Judgment of Supreme Court — Appeal to High Court duly instituted — Subsequent appeal to Full Court — Notice of intention to abandon appeal to High Court — Motion to Full Court to stay execution — Jurisdiction of Supreme Court — To what Court application should be made — High Court Procedure Act 1903 — Rules of Court, Part II., s. III., r. 19 — Rules of Supreme Court 1906, Order LVIII., r. 16.
Practice — Charging order — Final or interlocutory — Affidavit — Grounds of information and belief — Filing affidavit — When affidavit becomes part of proceedings — Rules of Supreme Court 1906, Order XXXVIII., r. 3.
Local Government Act 1903 (No. 1893), ss. 514, 517, 522, 523, 524 — Streets on private property — Laying out — Certificate of council — "Sufficiently drained" — Meaning of — Refusal of certificate by council — Further application — Appeal.
Contract — Covenant, breach of — Proof of actual loss — Necessity for — Damages — Costs — Rules of the Supreme Court 1906, Order LXV., r. 1 — "Event," meaning of — "Good cause" — Set-off of costs.
Administration and Probate Act 1890 (No. 1060), s. 26 — Commission — Corpus — Time to apply.
Trustee — Breaches of trust — Appointment of new trustee — Commission — Calls, payment of on shares in no-liability companies — Expenses of carrying on business, treating customers — Tombstone, erection by trustees.
Husband and wife — Dissolution of marriage — Application for costs of preliminary investigation — When application should be made — Marriage Act 1890 (No. 1166), s. 111.
Legacy — Interest, rate of — Date from which interest runs — Rules of the Supreme Court 1903 — Order LV., r. 64.
Will — Revocation — Degree of soundness of mind — Costs.
Motor car — Driving recklessly, what constitutes — Motor Car Act 1909 (No. 2237), s. 10 — Increase of fine to facilitate appeal to General Sessions, propriety of — Justices Act 1890 (No. 1105), s. 127.
Will — Trusts — Gift for such charitable uses and purposes as trustee should think fit — Similar gift for religious purposes — Uncertainty.
Barrister and solicitor — Admission of — Articles, service of — Engagement in trade, business, profession, or employment — Rules for the Admission of Barristers and Solicitors of 28th November 1905, r. 3 — Practice of the Supreme Court — Act 23 & 24 Vict., c. 127, s. 10.
Will — Construction — Gift to wife — "To be used by her as she may think proper for the benefit of herself and our children" — Trust — Absolute gift.
Trustee — Individual joint trustee with company — Commission — Necessity to pass accounts — Prospective order — Administration and Probate Act 1890 (No. 1060), s. 26, scope of.
Evidence — Husband and wife — Charge against husband — Competency of wife as witness — Marriage Act 1901 (No. 1737), s. 3 — Evidence Act 1890 (No. 1088), s. 53 — Crimes Act 1891 (No. 1231), s. 34 — Common law.
Husband and wife — Divorce — Repeated assaults and cruel beatings during one year previously — What necessary to constitute such ground — Marriage Act 1890 (No. 1166), s. 74 (d).
Mortgagor — Mortgagee — Sale — Duty of mortgagee — Advertisements, sufficiency of.
Marriage Act 1890 (No. 1166), s. 83 — Marriage — Divorce — Discretionary bar — Adultery of petitioner.
Police Offences Act 1890 (No. 1126), ss. 82, 94 — Constable, powers of — Arrest by layman — Constructive arrest — Delivery to constable — Res judicata — Resisting police — Assaulting police in the execution of their duty.
Transfer of Land Act 1890 (No. 1,149), ss. 113, 209, 240 — Mortgage, form of — Schedule 12 — Extraneous matter in mortgage deed — Refusal by Registrar of Titles to register mortgage deed — Mandamus by mortgagee — Rules of the Supreme Court 1906 — Order LIII., rr. 3, 4.
Negligence — Foreign substance lawfully placed in highway — Omission to repair foreign substance — Nuisance in highway — Non-feasance — Liability of bodies other than road authorities — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), ss. 79, 81.
Administration and Probate Act 1890 (No. 1060), s. 99 — Valuation of estate — Appointment of valuator by Commissioner — Valuation by Commissioner — Procedure by summons — Duties Collection Act 1910 (No. 2287), s. 2.
Solicitor and client — Important fact, duty of solicitor to disclose — Rules of the Supreme Court 1906 — Order LXV., r. 27 (38A) — Procedure under — Scope of — "Misconduct or negligence" — Onus of proof — Railway Passengers' Actions Act 1903 (No. 1861), ss. 6, 8, 9.
Certiorari — Judge in Court below made party to application for writ of — Evidence — Statement by Judge who heard case — County Court Act 1890, s. 135 — Special case — Power of Judge to give judgment before question stated in "the form of a special case."
Local Government Act 1903 (No. 1893), ss. 341, 342, 343, 704 — Rates unpaid — Charge on land — Action brought against person appearing by certificate of Registrar-General to be owner of the land — Such person in fact dead — Order for sale — Title of purchaser.
Contempt of Court — Publication of statements in newspaper while charge of murder pending — Accused not committed for trial — Statements calculated to interfere with fair trial of accused — Jurisdiction of Supreme Court — Application based on defective material — Amendment — Costs.
Contract — Sale of goods — Delivery "spread" over certain months — Delivery by instalments — Delivery of one instalment — Duty of purchaser to accept and pay for — Sale of Goods Act 1896 (No. 1422), ss. 15, 25.
Justices Act 1904 (No. 1959), s. 17 — Default summons — Power to issue ordinary summons after service of default summons.
Health Act 1890 (No. 1098), s. 35 (par. 11) — "Position and manner of construction of privies," etc. — By-law — Scope of power — Noxious trades — Private premises — Statute, construction of — Punctuation, disregard of — Evidence Act 1890 (No. 1088), s. 48.
Supreme Court Act 1890 (No. 1142), s. 85 — Practice — Foreign procedure — Service of writ out of jurisdiction — Cause of action within the jurisdiction.
Contempt of Court — Petty Sessions — Insulting language to witness after case decided — Language not heard by Court — Power of Petty Sessions to punish for contempt of Court — Justices Act 1890 (No. 1105), s. 198.
Administration and Probate Act 1903 (No. 1815), s. 11 — Probate duty — Immediate gift — Possession and enjoyment to exclusion of donor — Transfer subject to lease by donees to donor.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), ss. 4, 5 — County Court Act 1890 (No. 1078), s. 104, Tenth Schedule — Action for tort — Judgment for damages and costs — Removal to Supreme Court — Summons to debtor thereon.
Insurance — Re-insurance — Settlement to be made by original insurer — Misrepresentations in original contract which would have entitled original insurer to avoid the contract — Payment by original insurer in good faith — Liability of re-insurer.
Limitations, Statute of — Land, adverse possession of — Creation of new tenancy at will — What necessary to constitute — Real Property Act 1890 (No. 1136), s. 23 — Transfer of Land Act 1904 (No. 1931), s. 10.
Licensing Act 1890 (No. 1141), s. 153 — "Licensed victualler's premises" — Lodger found drunk on Sunday.
Local government — Municipal council — Borrowing powers — Electricity, supply of for light, heat, and motive purposes — Notice of intention to borrow before authorization by Order in Council — Sufficiency of advertisements — Sufficiency of plans and specifications — Electric Light and Power Act 1896 (No. 1413); ss. 2, 5, 8, 10 (1), 11 (1), 17 — Local Government Act 1903 (No. 1893), ss. 345, 346, 347 (6), 348, 354, 355, 595.