IN RE THOMAS & McKENZIE’S CONTRACTVLR 1
Vendor and purchaser — Legal estate — Title — Executor — Administrator — Executor of administrator, estate vested in — Administration and Probate Act 1890 (No. 1060), s. 6.
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Cases reported in this volume of the Victorian Reports
Vendor and purchaser — Legal estate — Title — Executor — Administrator — Executor of administrator, estate vested in — Administration and Probate Act 1890 (No. 1060), s. 6.
Transfer of land — Mortgage — Covenant of guarantee by person other than mortgagor — Registration of mortgage containing such covenant — Discretion of Registrar of Titles — Transfer of Land Act 1890 (No. 1149), ss. 113, 240, 12th Schedule.
Practice — Divorce — Divorce Rules 1906, rr. 26, 126, 128 — Adultery — Affidavit of documents — Interrogatories tending to show adultery.
Land Tax Assessment Act 1910 (No. 22) (Commonwealth), s. 63 — Validity of — Commonwealth of Australia Constitution Act, s. 51 (ii.) — "Taxation," scope of power.
Practice — Divorce — Husband and wife — Discovery — Interrogatories — Ex parte order for discovery of documents and interrogatories — Jurisdiction — Rules of the Supreme Court 1906 — Order XXXI., rr. 1, 1A, 12 — Rules of Procedure in Divorce and Matrimonial Causes 1906, r. 126.
Motor-car — Tramcar proceeding in same direction — Motor-car passing tram-car — Rule of the road — Vehicle — Motor-car Act 1909 (No. 2237), s. 15 — Motor-car Regulations, s. 2 (3) — Police Offences Act 1891 (No. 1241), s. 5 (1a).
Transfer of Land Act 1904 (No. 1931), ss. 10, 11 — Adverse possession — Land alienated after 1st October 1862 — Crown grant not registered.
Husband and wife — Marriage, validity of — Onus of proof — Presumption of death.
Contract — Security for performance — Bank deposit receipt — Obligation on completion of contract — Wrongful delivery of deposit receipt — Liability of Crown — Equitable assignment — H. order.
Wills Act 1890 (No. 1159), s. 18(3) — Testamentary document, what amounts to — Letter declaring intention to revoke legacies executed in same manner as will.
Probate — Advertisement — Number of codicils must be mentioned in advertisement — Probate and Administration Rules 1906, r. 4.
Transfer of Land Act 1890 (No. 1149), ss. 4, 113, 13th Schedule — Charge — Annuity — Charge given by way of security — Periodical payments.
Settled Lands and Settled Estates Act 1909 (No. 2235), ss. 126, 127, 128 — Land bought by father under contract in name of father and sons — Purchase-money not completely paid at father's death — Two sons infants — Interest of sons under contract — Settled land — Elder sons appointed trustees of settlement.
Statute of Limitations — Simple contract debt — Letter from debtor's solicitors expressing debtor's inability to pay — Insufficient acknowledgment — Debt barred.
Local government — Councillor — Ouster from office — Voters' roll — Conclusiveness of — Infants — Local Government Act 1903 (No. 1893), Part III.; Part IV., s. 155.
Administration and Probate Act 1907 (No. 2120), s. 7 — Authority to trustee company — Revocation — Form of authority — Form of application.
Insolvency — Fraudulent preference — Bona fides — Purchaser in good faith and for valuable consideration — "Payment made" — Insolvency Act 1890 (No. 1102), ss. 37 (a), 71, 73, 74.
County Court — Jurisdiction — Contract f.o.b. Tasmania — Failure of defendant to name ship — Breach within jurisdiction — County Court Act 1890 (No. 1078), s. 5 — Evidence from outside jurisdiction as to damages — Damages not part of cause of action.
Dentist — Recorded by the Dental Board of Victoria — What words may be used by "recorded" men — Dentists Act 1898 (No. 1595), s. 7 — Dentists' Act 1910 (No. 2257), ss. 4, 5, 13.
Criminal Law — Evidence — Testimony of children of tender years — Corroboration — Evidence Act 1890 (No. 1088), sec. 50; Crimes Act 1891 (No. 1231), sec. 33 (2).
Will — Construction — Divesting of legacy — Uncertainty — Gift over of legacy in case of death before legatee "shall have actually received" the legacy.
Principal and agent — Commission — Sale of property — Introduction of purchaser — Subsequent purchase through another agent.
Master and servant — Wrongful dismissal — Dishonesty of servant prior to employment no ground for dismissal.
Police Regulation Act 1890 (No. 1127), s. 58 — "Goods," meaning of.
Criminal law — Circumstantial evidence — Identification — Finger-prints, similarity of.
Criminal Law — Conspiracy — Incorporated company — Liability to presentment — Capacity to conspire — Jurisdiction of Court — Agreement made outside, overt acts within — Amendment of presentment.
Settled Estates and Settled Lands Act 1909 (No. 2235), ss. 50, 51, 98, 101, 117, 118, 121, 122, 124, 127, 128, 132 — Will — Devise to trustees — Power of sale in trustees — Power to carry on testator's business — Settled estates — Settlement — Persons with powers of tenant for life — Infants.
Police Offences Act 1891 (No. 1241), s. 7, sub-s. 1 (a) — Behaving in a riotous manner, what necessary to constitute.
Fisheries Act 1890 (No. 1093), ss. 3, 15 — "Fixed engine," what is.
Will — Construction — Perpetuities, rule against — Remoteness — Trust for maintenance and education — Validity — Accumulations — Income of residuary estate, direction to accumulate beyond period allowed — Intestacy — Thellusson's Act — Wills Act 1890 (No. 1159), s. 35 — Gift to grandchildren upon youngest attaining twenty-one — After-born grandchildren — Costs of originating summons.
Practice — Rules of the Supreme Court 1906 — Order XIV., rr. 1, 2 — Application for final judgment — Time for making — Affidavits — Service.
Practice — Probate — Administration de bonis non, when granted — Unadministered estate — Executor registered as proprietor of land under Transfer of Land Act 1890 (No. 1149).
Will — Construction — Trustees — Departure from terms of will — Authority by Court — Emergency not contemplated by testator — General authority — Authority for specific departure from will.
Factories and Shops — Carters carting after prescribed hours — Goods — Empties, whether goods — Factories and Shops Act 1907 (No. 2137), s. 40 — Factories and Shops Act 1910 (No. 2) (No. 2305), s. 38.
Marriage Act 1900 (No. 1684), ss. 4, 5 — Confinement expenses — Wife voluntarily leaving husband entitled to apply for such expenses.
Customs and Excise Duties Act 1890 (No. 1082), ss. 155, 156 — Wine and spirit merchant's licence — Powers of Treasurer — Minister of Crown — Attachment — Privilege — Appeal — Civil matter — Criminal matter — Mixed matter — Supreme Court Act 1890 (No. 1142), s. 37 — Practice — Evidence, admission of fresh evidence on appeal — Order LVIII., r. 4 — Rules of the Supreme Court 1906.
Will — Execution — Wills Act 1890 (No. 1159), s. 7 — "Witnesses shall attest and subscribe the will," meaning of.
Local Government Act 1903 (No. 1893), ss. 197 (sub-s. 29), 232, 580, 586, 594 — Traction engine — Power to regulate — Restrictions on construction and user — By-law, application to quash — Evidence Act 1890 (No. 1088), s. 48.
Rules of the Supreme Court 1906 — Order XIV., rr. 1, 2 — "Application shall be made within five days after appearance," meaning of — Affidavit, when to be sworn.
Dentists Act 1898 (No. 1595), s. 7 — Dentists Act 1910 (No. 2257), ss. 4, 5, 13 — Recorded dentist — Use of words by.
Will — Construction — Rule against perpetuities — Legal contingent remainders, applicability of rule to — Legal estate, what is — Administration and Probate Act 1890 (No. 1060), s. 6.
Police Offences Act 1907 (No. 2093), s. 5 (4) — Brothel, what is — Keeper of a brothel — Evidence.
Insolvency — Fraudulent preference, what constitutes — View to prefer — Insolvency Act 1890 (No. 1102), s. 73 — Book debt, what constitutes — Book Debts Act 1896 (No. 1424), s. 2 — Assignment of book debt — H. order.
Probate — Practice — Estate not fully administered — Real estate — Executorial functions — Administration de bonis non — Administration and Probate Act 1890, s. 8.
Practice — Foreign attachment — Affidavit to be filed — Supreme Court Act 1890 (No. 1142), s. 91.
Supreme Court Act 1890 (No. 1142), ss. 209, 262, 263 — Solicitor — Client — Costs — Agreement as to solicitor's remuneration — Agreement to pay lump sum for work wholly past — Bill of costs — Right to delivery of — Can be waived — Discretion of Court.
Police Offences Act 1890 (No. 1126), ss. 49, 50, 51, 52, 62 — Lotteries Gaming and Betting Act 1906 (No. 2055), s. 12 — "Place used for the purpose of unlawful gaming being carried on therein," meaning of — "Place" — "User."
Will — Construction — Legacy, lapse of — Death of beneficiary "before he shall have become entitled," meaning of.
Practice — Joinder of parties — Joinder of causes of action — Misjoinder — Slander — "Arising out of the same transaction or series of transactions" — Rules of the Supreme Court 1906 — Order XVI., r. 1 — Order XVIII., r. 6.
Practice — Costs — Special scale in Appendix N — Indorsement by party of writ or entry of appearance with notice of intention to proceed under — Application to Judge to otherwise order — When to be made — Rules of the Supreme Court 1906 — Order LXV., r. 29 (a).
Evidence — Price land would have brought at auction on a certain date — Evidence of other contracts for sale of same land shortly after the same date — Sales of similar land — Admissibility.
Police Offences Act 1890 (No. 1126), s. 40 — Police Offences Act 1907 (No. 2093), s. 8 — Justices Act 1890 (No. 1105), s. 77 (5), (6) — Idle and disorderly person — Evidence of prior convictions — "In support of the information" — At what stage to be given — Evidence of good character — Evidence in rebuttal.
Factories and Shops Act 1905 (No. 1975), ss. 5, 42 — Factories and Shops Act 1905 (No. 2), (No. 2008), s. 9 — Work in a factory during prohibited hours — "Work," what is — "For himself or for hire or reward."
Landlord and Tenant Act 1890 (No. 1108), ss. 81, 83 — Distress for rent — Overplus — Claim by tenant against landlord — Form of action — Money had and received.
Practice — Discovery of documents — Privilege — Copies of documents — "Brought into existence" for the purposes of the litigation — Reports of proceedings in open court — Transcript of shorthand notes.
Practice — Libel — Newspaper — Defence — Publication of apology — No payment into Court — Pleading — Facts in mitigation of damages — Summons to strike out pleadings — Delay — Rules of the Supreme Court 1906 — Order XIX., r. 27 — Wrongs Act 1890 (No. 1160), ss. 4, 5.
Bakers and Millers Act 1893 (No. 1332), ss. 5, 6 — Bakers and Millers Act 1890 (No. 1067), ss. 14, 17 — Powers of inspector — "Weigh and try all bread wherever found" — Bread in possession of purchaser.
Action, cause of — Inducing employer not to engage workman — Interference — Just cause or excuse — Self-interest — Motive.
Licensing Act 1890 (No. 1111), s. 121 — Permitting a drunken person to be on licensed premises — Reasonable excuse — Decision of magistrates on questions of fact — Appeal.
Rules of the Supreme Court 1906 — Order LXV., r. 12 — "Actions of contract or of tort" — Action claiming injunction — "Sum not exceeding 50" — County Court — Jurisdiction — Libel circulating outside Victoria — County Court Act 1890 (No. 1078), s. 45 — Injunction, value of.
Habeas corpus — Infant — Custody of — Mother dead, father insane — Blood relations of infant, rights of — Principles on which Court deals with infant's custody.
Rules of the Supreme Court 1906 — Order XIV. — Practice — Costs — Summary judgment, application for — Dismissal of — Conversion into summons for directions.
Will — Construction — Trust to hold for infants until they attain 21 years — Absolute gift to infants.
Local Government Act 1903 (No. 1893), ss. 341, 342 — Rates — Charge on land — Action to enforce — Parties — Order for sale — Title — Rules of County Court, r. 103.
Transfer of Land Act 1904 (No. 1931), s. 10 — Title by adverse possession — Registered proprietor dead — No administration of estate — Next of kin unknown — Duration of adverse possession required — Rules of the Supreme Court 1906, Chapter VIII.
Trust — Advancement — Parent and child — Husband and wife — Presumption — Evidence — Wills Act 1890 (No. 1159), s. 31 — Will and codicil — Reference to death of beneficiary — Contrary intention — Trust, breach of — Overpaid beneficiary — Damages — Interest.
County Court — Practice — Appeal — Case signed and settled by Judge — Enlargement of time for transmission to Supreme Court — Failure of Judge to indorse — Effect of — Appeal improperly in list — Mode of removing — County Court Act 1890, s. 133 — County Court Rules 1891, rr. 376, 377, 378, 379.
Company — Election of directors — Nominations — Informality — Error in name of company — Mode of election — General meeting — Powers of chairman — Right of meeting to complete business — Interference by Court with internal affairs of company — Injunction.
Evidence — Affidavit sworn out of Victoria — Notary public — Signature, judicial notice of — Marriage Act 1890, s. 126 — Supreme Court Act 1890, s. 90.
Evidence — Husband and wife — Charge against husband under Marriage Act 1901 (No. 1737), s. 3 (I.) (b) — Competency of wife as witness against husband.
Husband and wife — Alimony, permanent — Ground for varying — Marriage Act 1890 (No. 1166), s. 88.
Costs in action by beneficiary against trustees — Paid out of corpus of trust estate under order of High Court — Order set aside on appeal — Right of trustees to recoup corpus — Retaining future income of beneficiary — Rights of assignee of beneficiary's share — Income — Liability for costs in administration of the estate.
Company — Winding-up — Fully paid up shares, issued at a discount — Transferee without notice — Estoppel — Articles of Association, notice as to contents of.
Company — Voluntary winding up — Surplus, distribution of — Dividend — Present members, past members, rights of — Companies Act 1890 (No. 1074), s. 124 — Companies Act 1910 (No. 2293), s. 194.
Marriage Act 1890 (No. 1166), ss. 42, 43 — Husband and wife — Leaving wife without means of support — Wife leaving husband's home and living apart from him of her own accord.
Administration and Probate Act 1911 (No. 2342), ss. 3, 4 — Executor — "Claim against estate" — Intention of person to apply to revoke probate — Application to bar, or for leave to disregard, unprosecuted claim against estate.
Justices Act 1890 (No. 1115), ss. 117, 119, 124, 128 (12), 141 — Attachment of debts — Order to review — Right of judgment debtor to obtain — Order of Court of Petty Sessions made without jurisdiction — Nullity — "Person aggrieved."
Commonwealth Judiciary Act 1903 (No. 6), ss. 69 (3), 80 — Criminal law — Accused person without adequate means — Appointment of counsel — Application for — Matters material to be considered.
Companies Act 1910 (No. 2293), s. 189 — Company — Voluntary winding-up — Liquidator — Appointment of liquidator jointly with liquidator appointed by the company — Resolution of creditors authorizing application to the Court, but no person appointed to make application — By whom application may be made.