Devise — Condition in restraint of marriage — General restraint — Second marriage.

Transfer of Land Act 1890 (No. 1149), ss. 57, 113, 209, 229, 240 — Mortgage, form of — Schedule 12 — Extraneous matter in mortgage deed — Money advanced by two mortgagees — Agreement as to proportion of money advanced by each — Rights of mortgagor affected — Refusal by Registrar of Titles to register.

Vermin Destruction Act 1890 (No. 1153), ss. 3, 22 — Expenses incurred by inspector recoverable from owner — "Owner" — Land sold under contract of sale — Part of purchase money remaining unpaid — Liability of registered proprietor or owner of legal estate.

Income tax — Outgoings — Grazier, business of — Federal land tax — Income Tax Act 1895 (No. 1374), s. 9.

Practice — Administration — Property in Victoria and another State — Probate of will as to property in other State — Administration as to property in Victoria.

Practice — Administration and probate — Substituted attorney — Grant of letters of administration — Executor as to part of estate — Limited probate — Form.

Practice — Rules of the Supreme Court 1906 — Order XVI., r. 48 — Judicature Act 1883, s. 8 (3) — Third party procedure — Claim for indemnity or contribution as to one of several claims of the plaintiff.

Public Service Act 1890 (No. 1133), s. 107 — Public Service Act 1893 (No. 1324), s. 22 — Pension or superannuation allowance, right to — Employment not continuous — Supernumerary — "Person appointed since the passing of the Act No. 710" — "Officer."

Husband and wife — Judicial separation, suit for — Compromise — Deed of separation — Dum casta clause — Maintenance clause — Duration of allowance to wife.

Income tax — Life assurance company — Taxable amount of income — Annuities — Consideration moneys for — "Premiums received in respect of insurances and assurances" — Income Tax Act 1903 (No. 1819), ss. 11 (1), (2) — Companies Act 1890 (No. 1074), ss. 334, 339, 367.

Divorce — Wife's costs — Payment into Court of sum fixed by Taxing Master — Husband suing in form pauperis — Jurisdiction — Previous suit on same grounds abandoned — Staying proceedings — Inability of husband to pay costs — Discretion — Marriage Act 1890 (No. 1166), s. 111.

Will — Construction — "Personal property" — Real property, inclusion of — Extrinsic evidence — Admissibility.

Justices Act 1890 (No. 1105), ss. 117, 119, 124, 141 — Attachment of debts — Order of Court of General Sessions — Garnishee order — Jurisdiction — Order to review — Infant — Procedure — Guardian ad litem.

Principal and agent — Estate agent — Sale of land — Efficient cause of sale — Commission.

Vendor and purchaser — Contract of sale — Provision for apportionment of Federal land tax — Validity — Interpretation — Land Tax Assessment Act 1910 (No. 22 of 1910), ss. 37, 63.

Company — Winding-up — Fully paid up shares alleged to be issued at a discount — Transferee without notice — Estoppel — Articles of Association, notice as to contents of.

Marriage Act 1890 (No. 1166), s. 82 — Divorce — Adultery — Condonation — Revival of adultery — Conduct amounting to — Proof — Condonation — Revival — Different offence.

Limitations, Statute of — Trustee and cestui que trust — Time from which period of limitation runs — Right of recovery at Common Law defeated by Equity — Real Property Act 1890 (No. 1136), s. 18 — Adverse possession.

Real estate — Imperfect gift of — Donee taking possession — Continuing intention of donor to give — Legal estate not transferred — Subsequent appointment of donee as one of several executors — Gift perfected by — Administration and Probate Act 1890 (No. 1060), ss. 6, 8 (1) (5), 12 — Transfer of Land Act 1890 (No. 1149), s. 193.

Practice — Divorce — Non-compliance with rules — Divorce Rules 1906, rr. 94, 126 — Rules of the Supreme Court 1906 — Order LXX., r. 1 — Marriage Act 1890 (No. 1166), s. 87 — Alimony.

Barrister and solicitor — Articled clerk — Leave to engage in other service during articles — Area officer of Commonwealth military forces — Practice — Application to single Judge — Sufficiency of — Proper time for application.

Practice — Discovery — Interrogatories — Opposite party — Other party — Interrogating a party who has not delivered a defence — Rules of the Supreme Court — Order XXXI., rr. (1) (12).

Local Government — Width of tires — Inspector weighing load — Choice of weighbridge — Refusing to allow vehicle and goods to be weighed — Local Government Act 1903 (No. 1893), ss. 571, 572.

Divorce — Practice — Concurrent citations, issue of — Respondent's residence doubtful.

General Sessions — Appeal — Facts specially stated for determination of Supreme Court — Duty of Court to state if so required — Mandamus — Justices Act 1890 (No. 1105), s. 139.

Administration — Practice — Person primarily entitled to administration out of the jurisdiction — Grant to trustee company nominated by only kin within the jurisdiction.

Factories and Shops — Factories and Shops Act 1905 (No. 1975), ss. 58, 59, 66, 155 — Factories and Shops Act 1910 (No. 2) (No. 2305), s. 23 — "Securely fenced," meaning of — Person working at machine, accident to.

Negligence — Drain constructed by defendant municipality — Injury to land by overflow of water — Transfer of part of area to another municipality — Aggregate of water from defendant municipality and another municipality — Local Government — Liability of defendant municipality — Local Government Act 1903 (No. 1893), s. 559 — Meaning of.

Barrister and solicitor — Practice — Originating summons — Rules of the Supreme Court 1906 — Order VII., r. 4A — Firm of solicitors — One of partners acting for plaintiff, another for defendant — Breach of rule.

Divorce — Marriage Act 1890 (No. 1166), s. 111 — Merits of wife's case — Investigation money — Counter charge — Alimony pendente lite — Leave to answer — Delay.

Divorce — Desertion — Husband changing matrimonial residence — Refusal of wife to join him — Marriage Act 1890 (No. 1166), s. 74.

Divorce — Drunkenness and cruelty — Deed of separation — Covenant that past offences not to be relied on as grounds of divorce — Repudiation of deed by respondent — Marriage Act 1890 (No. 1166), s. 74.

Barrister and solicitor — Admission to practise — Managing clerks — Supreme Court Act 1912 (No. 2437), s. 3 — Affidavits — Examinations — Standard.

Practice — Rules of the Supreme Court 1906 — Order XXVII., r. 4 — Default by defendant in delivery of defence — Ascertainment of damages — Application for jury — Special circumstances — Supreme Court Act 1890 (No. 1142), s. 29.

Lessor and Lessee — Assignment of lease — Consent of lessor — Question involving disputed issues of fact — Conveyancing Act 1904 (No. 1953), s. 23.

Evidence — Supreme Court Act 1890 (No. 1142), s. 90 — Affidavit sworn in United Kingdom — Commissioner of High Court of Judicature in England — Signature and official character of Commissioner — Judicial notice.

Will — Construction — Personal estate — Gift to executors to invest and pay income for life — Power to dispose of at death — Gift to beneficiary — Direction to executors to invest and pay income for life — Power to dispose of at death — Effect.

Pure Food — Copy of analyst's certificate — What is — Immaterial omission — Date — Pure Food Act 1905 (No. 2010), s. 22.

Divorce — Practice — Citation; service of — Enlargement of time — Expiration of time allowed — Divorce and Matrimonial Rules 1906, rr. 7, 126 — Rules of the Supreme Court 1906 — Order LXIV., r. 7 — Service out of jurisdiction — Time.

Police Offences — Police Offences Act 1912 (No. 2422), ss. 72 (6), 93, 191 — Unlawful game — "Two-up," or any similar game, meaning of — Evidence — Judicial notice — Information and conviction, sufficiency of.

Justices — Justices Act 1890 (No. 1105), s. 89 (4) — Defendant not appearing — Power of Court of Petty Sessions to set aside conviction — Order — Conviction.

Barrister and solicitor — Supreme Court Act 1912 (No. 2437), s. 3 — "Managing clerk" — "Special circumstances" — "Period of ten years" — Costs clerk — Probate and County Court practice — Clerk to city agent with share in profits.

Contract — Promise to provide for servant so that she would have to work no more — Consideration — Vagueness — Uncertainty — Damages, difficulty in assessing — Contract or representation of intention.

Practice — Final judgment — Affidavit in support — Foreign judgment, action on — Facts constituting cause of action — Rules of the Supreme Court 1906 — Order XIV., r. 1.

Justices — Bon fide dispute as to title to land — Costs — Jurisdiction to order — Justices Act 1890 (No. 1084), ss. 69, 89 (2).

Execution — Interpleader — Hire-purchase agreement — Hirer's interest in goods — Practice — Interpleader summons — Form of order.

Practice — Security for costs — Rules of the Supreme Court 1906 — Order XXXVI., rr. 2, 6, 7A; Order LXV., r. 6A — Service and execution of Process Act 1901 (No. 11) (Federal), ss. 20, 21 — Trial by jury, order for — Judicature Act 1883, s. 39.

Income tax — Company — "Profits" — Schemes of arrangement by banking companies with creditors — Assets companies — Transfer to single assets company — Realizations of assets — Net surplus over valuations — Whether taxable — Debentures — Redeemed at less than par — Whether difference "profits" — Income Tax Act 1903 (No. 1819), s. 9.

Imprisonment of fraudulent debtors — Proceedings on judgment of Supreme Court — Punitive or in aid of execution — Insolvency of debtor — Effect of — Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), ss. 4, 5.

Landlord and tenant — Trespass — Distress — Pound-breach — Chattels of third person clandestinely removed — Right of recaption — Fresh pursuit — Damages, measure of — Landlord and Tenant Act 1890 (No. 1108), Part IV., Division 1.

Criminal law — Evidence — Motor-car — Accident — Rate of speed — Speed immediately prior to accident — Admissibility.

Police offences — Evidence — Admissibility — Loitering with intent to commit a felony — Act of person in company with accused — Circumstances of case — Police Offences Act 1912 (No. 2422), s. 72 (9) — Stating case on question as to admissibility of evidence only.

Divorce — Practice — Service of citation out of the jurisdiction — Order giving leave — Service of copy — Production of order on hearing — Divorce Rules 1906, rr. 6, 7, 13.

Company — Winding-up — "Clerk or servant" — Managing director and secretary — Salary — Preferential claim — Companies Act 1910 (No. 2293), s. 208.

Criminal law — Larceny — Felonious intent — Possession — "Ringing the changes."

Criminal law — Practice — Jury — Special jury, application for — Juries Act 1890 (No. 1104), s. 39 — Disagreement of common juries.

Practice — Jury, right to — Common law action — Equitable defence raised — "Causes or matters within the cognizance of the Court in its Equitable Jurisdiction" — Rules of the Supreme Court 1906 — Order XXXVI., rr. 3, 6 — Supreme Court Act 1890 (No. 1142), s. 3.

Will — "Residue" — Probate duty — Administration and Probate Act 1907 (No. 2120), s. 3 — Gift of legacies — Gift of real estate and residue of personal estate — Final residuary clause — Nominal assets only passing thereunder — Debts and funeral and testamentary expenses, legacies and duty — Out of what funds payable.

Mandamus — Person holding office during pleasure — Dismissal — Demand for inquiry — Melbourne Harbour Trust Act 1890 (No. 1119), ss. 32, 152.

Police offences — Wrong side of the road — Driving vehicle — Police Offences Act 1890 (No. 1126), s. 17 (1) — Police Offences Act 1891 (No. 1241), s. 5 — Common law rights.

Justices — Service in another State — Identity of defendant with person served — Evidence — Affidavit sworn in another State — Signature of justice — "J.P." — Commonwealth Service and Execution of Process Act (No. 11 of 1901) — Justices Act 1890 (No. 1105), s. 38.

Transfer of land — Practice — Title by adverse possession — Action to establish — Registered proprietor deceased — Applicability of rules under Transfer of Land Act 1904 (No. 1931).

Transfer of Land — Lease, form of — Lease not in form in Schedule — Variation in substance — Registration, right to — Transfer of Land Act 1890 (No. 1149), ss. 4, 99, 102, 112, 240, 9th Schedule — Landlord and Tenant Act 1890 (No. 1108), s. 5, 2nd Schedule.

Will — Limitation — Class — "Who shall attain the age of 25 years" — Remoteness — Rule against perpetuities — Vesting.

Practice — Evidence — Letter of request — Commission — County Court action — Evidence Act 1890 (No. 1088), s. 4 — Rules of Supreme Court — Order XXXVII., r. 6A.

Divorce — Jurisdiction — Domicil — Desertion by wife — Subsequent change of domicil by husband — Effect on domicil of wife — Matrimonial offence committed in country where it is no ground for divorce — Rule as to cause of action arising in foreign country — Service of citation — Dispensation — Practice — Marriage Act 1890 (No. 1166), s. 74.

Local government — Highway — Nuisance — Footbridge — Removal by stranger — Faulty replacement — Misfeasance — Employ, acts of — Ratification.

Barrister and solicitor — Supreme Court Act 1912 (No. 2437), s. 3 — "Served as a managing clerk to" — Relationship of master and servant — Crown Solicitor — Public servant.

Pure food — Health Acts — Sale of article of food not of nature, substance, and quality demanded — Court requested by party to send a part of the article to the Board for analysis — Compliance condition precedent to conviction — Distribution of part — "A part," meaning of — Appeal to General Sessions, right of — "In the manner and on the conditions prescribed by" Justices Act — Fine of less than 5l. — Pure Food Act 1905 (No. 2010), s. 23 — Health Act 1890 (No. 1098), ss. 61, 66, 67, 68, 69, 70, 71, 72, 322, 323 — Justices Act 1890 (No. 1105), ss. 127, 128, 129, 131.

Trustee — Life tenant and remainderman — Corpus and income — Costs paid by trustees under order of High Court reversed on appeal to Privy Council by one party — Effect on rights of parties not appealing — Indemnity to trustees — Rights of assignee of life tenant.

General Sessions — Case stated — "State the facts specially for the determination of the Supreme Court" — Facts, what are — Evidence, rejection of — Power of Supreme Court to remit case for rehearing — Justices Act 1890 (No. 1105), s. 139.

County Court — Practice — Removal of action into Supreme Court — County Court Act 1890 (No. 1078), s. 52 — "More fit to be tried in the Supreme Court than in the County Court," meaning of — Evidence not procurable in County Court — Witness in foreign country.

Fraud — Stay of action — Action to set aside judgment — Action based on alleged fraud in procuring perjured evidence in former action between same parties — Defamation — Privilege — Judgment in former action independent of perjured evidence — Onus — Principal and agent — Liability of principal for agent's fraud in procuring perjured evidence — Statements of witnesses in Court — Statements bon fide made out of Court for purposes of evidence also privileged.

Practice — Appeal — Factories and Shops Act 1912 (No. 2386), ss. 133, 176 — Special Board for persons employed in a group of trades or businesses — Determination of — Right to appeal — Qualifying percentage.

Married Woman — Restraint on anticipation, removal of — Conveyancing Act 1912 (No. 2440), s. 6 — Removal as to part of fund.

Practice — Rules of the Supreme Court 1906 — Order III., r. 6 — Specially indorsed writ — Debt or liquidated demand arising under a contract — Instalment of purchase money on contract to purchase land — No conveyance — Application under Order XIV., r. 1.

Divorce — Husband and wife — Practice — Costs — Attorney-General — Unsuccessful intervention — Marriage Act 1890 (No. 1166), s. 84.

Local government — Council making street on private property — Scheme prepared by council — Service of notice on person not an "owner" — "Person intended to be made liable" — Person served not attending at meeting to object — Objection by letter — Adoption of scheme — Against whom conclusive — Local Government Act 1903 (No. 1893), ss. 526, 527, 528, 529, 530, 531, 532, 536.

Will — Construction — Gift to children and issue of deceased children — Per stirpes — Original or substitutional gift.

Public Service — Public Service Act 1912 (No. 2383), s. 2 (9) — Classification — Provisional — Final — Appellant given no opportunity to be heard — Mandamus.

Police offences — Police Offences Act 1912 (No. 2422), s. 5 (14) — Obstructing any footpath or road — Allowing any cart or animal to remain across a footpath or road — "Or otherwise," meaning of.

Will — Construction — Absolute gift to wife — "On the death of my wife whatever then remains of my estate is to become the property of my children" — Uncertainty — No estate in children.

Evidence — Letters of request — Practice — County Court action removed to the Supreme Court — Jurisdiction of the Supreme Court — "Try" — "Hear" — Rules of the Supreme Court — Order XXXVII., r. 6A — Supreme Court Act 1890 (No. 1142), s. 29 — Form of letters of request.

Real property — Mortgage — Registration of instruments — Priority — "Made and executed bon fide and for valuable consideration" — Fraud by grantor — Negligence providing opportunity for fraud — Mortgagee leaving deeds with mortgagor — Solicitor mortgagor — Land fraudulently brought under the Transfer of Land Act — Effect of certificate of title — Real Property Act 1890 (No. 1136), s. 181 — Transfer of Land Act 1890 (No. 1149), s. 74.

Criminal law — Interfering with witnesses — Witness — Person intending to give evidence, but not bound to attend — Common law offence — How established.

Local government — Traffic — Driver of more than one vehicle drawn by animal power — By-law No. 95 of the City of Melbourne.

Ship — Seaworthiness — Voyage, beginning of — Moorings not completely cast off — Sea Carriage of Goods Act 1904 (Federal), (No. 14 of 1904).

Practice — Joint debtor — Action for debt — Res judicata — Appearance by one defendant only — Judgment not signed against defendant not appearing — Final judgment, right to enter against other defendant — Supreme Court Rules — Order XIII., r. 4; Order XIV.

Shipping — Carriage by sea — Bill of lading — Clause exonerating ship-owner after goods "free from ship's tackles" — Goods unloaded on wharf and placed in shed — Custom — Consignee not notified and not taking delivery — Loss of goods — Duty of ship-owner — Clause limiting liability of ship-owner to 10l. — Validity of — Commonwealth Sea Carriage of Goods Act (No. 14 of 1904), s. 5.

Barrister and solicitor — Supreme Court Act 1912 (No. 2437), s. 3 — Managing clerk — Direction — Supervision — Sole clerk — Continuous service.

Landlord and tenant — Verbal lease — Tenant in possession under prior lease — Notice to quit before expiration of prior lease — Ejectment — Landlord and Tenant Act 1890 (No. 1108), ss. 3, 4, 93 — Instruments Act 1890 (No. 1103), s. 208.

Will — Construction — Residuary gift — General or particular residue — Specific legacy — Apportionment of debts, funeral and testamentary expenses — Administration and Probate Act 1907 (No. 2120), s. 3 — Apportionment of duty — Dividends declared on shares subsequently to death — Part of corpus.

Copyright — Proof of — (Federal) Copyright Act (No. 20 of 1912), ss. 16 (2), 33 — (Federal) Evidence Act (No. 4 of 1905), s. 6.

Will — Construction — Charity, gift to — Uncertainty — "Philanthropical institutions or objects" — "Any other objects of a like or similar nature" — "Mechanics' Institutes" — Discretion in trustees — Statute 43 Eliz., c. 4 — Annuity to trustees appointed to administer purported gift to charity — Failure of.

Administration and Probate — Attorney under power of English executor — Sealing of exemplification of English probate by attorney — Devolution of office of executor — Executor of attorney, position of — Administration and Probate Act 1890 (No. 1060), ss. 40, 44.

Practice — Place of trial, change of — Libel, action for — Parliamentary election — Partisan feeling — Fair trial, probability of — Rules of the Supreme Court 1906 — Order XXXVI., r. 1.

Husband and wife — Maintenance — Desertion — Leaving without means of support — Wife leaving home under reasonable apprehension of violence — Bon fide offer of a home — Refusal of wife to return, owing to well-founded apprehension of renewed violence — Marriage Act 1890 (No. 1166), ss. 42, 43.

Land Tax — Assessment — Equitable tenant for life without power to sell under will taking effect before July 1910 — Right to be assessed as legal tenant — Land Tax Assessment Act 1910 (No. 22 of 1910), ss. 25, 35 — Land Tax Assessment Act 1911 (No. 12 of 1911), ss. 3, 13 — Land Tax Assessment Act 1912 (No. 37 of 1912), ss. 7, 12.

Public Service — Pension or superannuation allowance — Right to — Date of appointment — Pensions Abolition Act 1881 (No. 710), ss. 1, 2 — Public Service Act 1883 (No. 773), s. 99 — Public Service Act 1890 (No. 1133), s. 107 — Public Service Act 1893 (No. 1324), s. 22.

Barrister and Solicitor — Supreme Court Act 1912 (No. 2437), s. 3 — Managing clerk — Practising barrister and solicitor.

Water — Water Act 1905 (No. 2016), ss. 234, 235, 285 — State Rivers and Water Supply Commission — Works constructed under statutory powers — Escape of water therefrom — Liability to compensate — Negligence — Costs of special case stated under the Arbitration Act 1910 (No. 1265).

Gift — Voluntary transfer — Deposit at bank in the names of infants intended to be benefited — No communication to donees — Effect — Trustee for infant donees appointed.

Gift — Imperfect — Real estate — Donee taking possession — Acceptance of gift — Legal estate not transferred by donor — Subsequent appointment of donee as one of several executors — Whether gift perfected by — Principles affecting imperfect gifts followed by appointment of donee as executor — Whether principles apply to realty — Administration and Probate Act 1890 (No. 1060), ss. 6, 7, 8 (1) (5), 12 — Transfer of Land Act 1890 (No. 1149), s. 193 — Findings of fact — Appeal as to.

Will — Interpretation — Direction to accumulate in certain event — "Present wife" — Reputed wife — No intestacy — Accumulations to begin on discovery of facts as to the "present wife."

Justices — Justices Act 1890 (No. 1105), ss. 59, 81, 82, 83 — Amendment of summons — Jurisdiction — Duty — Substitution of one cause of action for another — Service of mare by stallion, claim in respect of — Work and labour done — Use and hire of chattel.

Police Offences — Police Offences Act 1912 (No. 2422), s. 40 — Property suspected of being stolen — Possession of — When suspicion must exist — Reasonableness of suspicion — Immaterial whether property stolen or not — Uncontradicted evidence of accused — When magistrates should accept, observations as to.

Defamation — Practice — Libel — Reply to attack on defendant's newspaper — Defence of property or interest — Privilege — Defence, validity of.

Barrister and solicitor — Supreme Court Act 1912 (No. 2437), s. 3 — "Served for ten years" — "Has been for such period" — Applicant ceasing to be managing clerk before commencement of Act — Slight break in service — Effect.

Carriages — Carriages Act 1890 (No. 1070), ss. 3, 12, 15 — Stage carriage — Motor-bus conveying passengers between definite places on casual days only — Motor-car Act 1909 (No. 2237), s. 4 — Licence for motor-bus under Carriages Act 1890.

Transfer of land — Mortgage — Registration — Contributing mortgage — Mortgagees entitled to mortgage money in unequal shares — Form of mortgage — Embarrassment to Titles Office — Variation from form prescribed — Transfer of Land Act 1890 (No. 1149), ss. 57, 65, 113, 209, 229, 240.

Transfer of land — Transfer of Land Act 1890 (No. 1149), ss. 21, 27 — Bringing land under the Act — Application by owner in fee — Conveyance of applicant's estate before issue of certificate — Direction to issue certificate to purchaser — No caveat.

Transfer of land — Transfer of Land Act 1890 (No. 1149), ss. 57, 194 — Transfer by trustees — Life tenant releasing interest — No manifest breach of trust — Possible breach of trust on contingency — Power of Registrar to require proof as to breach of trust — Conveyancing Act 1912 (No. 2440), s. 6.

Game — Game Act 1890 (No. 1095), s. 7 — Game Act 1912 (No. 2373), s. 3 — Native game — Possession during close season — Right to keep in possession subject to proclaimed conditions and restrictions — None proclaimed.

Pure food — Pure Food Act 1905 (No. 2010), ss. 24, 35 — Health Act 1907 (No. 2126), s. 4 — Pill — "Other article or substance or compound" — Adulterated or falsely described.

Will — Construction — Absolute gift — Qualifications — Repugnancy — Gift, whether absolute or in trust.

Practice — Mode of trial — Jury — Right to — Indorsement on writ as to mode of trial — Rules of the Supreme Court 1906 — Order II., r. 1 — Order XXXVI., rr. 6. 7.