Insurance — Fire — Warranty — Proposal basis of contract — Truth of answer — Previous fires — Scope of question — Omission to refer to all previous fires — Material facts clause — Limited by specific questions — Effect of warranty — Ownership — Interest of third person not disclosed — Answers substantially correct — Loss — Particulars — Sufficiency.

Divorce — Practice — Commission de bene esse — Examination of petitioner.

Practice — Costs — Order in Chambers — Order signed — No certificate for counsel — Power to amend order — Rules of Supreme Court 1916 — Order XXVIII., r. 11.

Husband and wife — Legitimacy, presumption of — Evidence, admissibility of — Declarations of parents out of Court — Declarations of deceased members of the family — Conduct of husband, wife, and alleged adulterer — Costs — Chief Clerk's certificate — Unsuccessful application to vary — Allowance out of estate.

Criminal law — Clerk, officer, or servant — Falsification of accounts — Omission of material particulars — What constitutes — Crimes Act 1915 (No. 2637), s. 147.

Criminal law — Pleading — Joinder — Several counts joined in same presentment — Indecent assault — Separate trials — Presentments Act 1916 (No. 2856), ss. 8, 9 (3), 10, Second Schedule, r. 2.

Criminal law — Officer of Commonwealth — Stealing Commonwealth property — Goods in custody of Railways Commissioners — Property in goods laid in Commonwealth — Form of presentment — Federal Crimes Act 1914 (No. 12 of 1914), ss. 5, 71 — Judiciary, Act 1903 (No. 6 of 1903), s. 68 — Victorian Crimes Act 1915 (No. 2637), s. 399.

Will — Administration — Debt owing to deceased — Interest on debt — Legacy — Set-off — Distinction between interest accruing before and after death.

Contract — Performance — Impossibility — Illegality — Implied terms — Contract for supply of goods, "quality as last" — Discharge — State of war arising — Probability that goods are to be obtained in enemy country — Possibility of obtaining goods elsewhere.

Local government — Election — Irregularity — Effect of — Ouster from office of councillor — Local Government Act 1915 (No. 2686), ss. 148, 156, 157 — The Constitution Act Amendment Act 1915 (No. 2632), s. 271.

Intestacy — Next of kin — Inquiry as to legitimacy — Conflict of laws — Law of State of New York — Retrospective declaration of legitimacy — Domicil of parents in State of New York — Effect of New York law in Victoria — Evidence — Reputed marriage — Certificates of baptism issued in State of New York — How far evidence of contents — Statute of Distributions (22 & 23 Car., c. 10; 1 Jac. II., c. 17, s. 7) — Registration of Births, Deaths, and Marriages Act 1915 (No. 2720), Part II.

Master and servant — Accident — Negligence — Death of servant — Action for damages — Servant provided and paid by contractor — Under directions of third party, the negligence of whose servants caused death — Common employment — Question of fact for jury — Proper mode of charge on facts — Wrongs Act 1915 (No. 2751), ss. 15 and 16 — Employers and Employs Act 1915 (No. 2646), Part III. — Workers' Compensation Act 1915 (No. 2750).

Stamps — Transfer of land pursuant to agreement of compromise of proceedings to set aside will — Land given to transferor by testator in lifetime — Transferor and transferee beneficiaries under will — Family arrangement — Transfer not dutiable as a "Settlement or Gift, Deed of," nor as on a sale — Stamps Act 1915 (No. 2728), ss. 62, 77 — Schedule (3rd), vi., ix. (1).

Police offences — Assault — Procedure and practice — Infant — Power of to lay information — Costs — Offence of public nature — General right to prosecute — Police Offences Act (No. 2708), ss. 36, 54, 187, 194 — Justices Act 1915 (No. 2675), s. 102.

War precautions — Moratorium — Promissory note — Action on — Mortgage security — No leave to proceed — War Precautions (Moratorium) Regulations, No. 284, clauses 2 and 4.

War Precautions — Contract for sale of land — Promissory note given in part payment of purchase money — Action against indorser of note — War Precautions (Moratorium) Regulations, No. 284 — Practice — Whether instalments of purchase money can be subject of special indorsement — Rules of Supreme Court — Order III., r. 6.

Administration and probate — Will — Probate — Mutilation — Specific bequest cut out by testatrix — Signature and part of attestation clause removed in so doing — Inadvertence — No intention to revoke — Restoration.

Administration and probate — Widows and young children — Maintenance — Application by widow — Husband and wife living apart under separation deed — Maintenance order by justices not fully enforced — Widow not provided for by will of husband — Discretion of Court — Will not unreasonable or capricious — Administration and Probate Act 1915 (No. 2611), ss. 109, 114.

Licensing — War Precautions Regulations — "Closed for the sale of intoxicating liquor," meaning of — Bar door open — No sale proved — Gratuitous distribution of liquor — War Precautions Regulations 1915, 12A, Statutory Rules 1918, Nos. 45, 53 — Practice — Order to review — Defect in materials — Lapse of month — No power to cure defect.

Fences — Construction of dividing fences — Lands separated by creek — Frontages held under licence under Unused Roads and Frontages Act — Meaning of words "occupier," "adjoining," "alienated" — Fences Act 1915 (No. 2651), ss. 3-9; Local Government Act 1915 (No. 2686), s. 737;. Land Act 1915 (No. 2676), ss. 121-124.

Police offences — Possession of property suspected of being unlawfully obtained — Property found in a building — Property found in locker in Customs shed — Placed there by Customs officer — Actual possession — Police Offences Act 1915 (No. 2708), s. 40.

Divorce — Practice — Petition by husband on ground of adultery — Application for order excusing petitioner from making alleged adulterer a co-respondent — When to be made — Stay of proceedings — Marriage Act 1915 (No. 2691), s. 126.

Justices — Evidence — Witness referring to note-book — Inspection of note-book not allowed to opposite party — Effect of refusal upon conviction.

Divorce — Practice — Wife's costs — Investigating merits — Sum "not exceeding 20l." — When application to be made — Form of summons — Husband's want of means — Whether material upon application — Effect in attachment proceedings — Power of Court to order payment into Court of sum "not exceeding 20l." — Wife's insufficiency of separate estate — Relevant to application for sum "not exceeding 20l."

Health — "Marine store" — Dealing in bottles and old metals — "Business usually carried on in or connected with a marine store" — Consent of municipal council — Health Act 1915 (No. 2665), s. 286.

Divorce — Desertion — Persistent refusal by wife of sexual intercourse — Marriage Act 1915 (No. 2691), s. 122 (a).

Income tax (Federal) — Mortgage — Option to mortgagor to pay income tax and interest at reduced rate — Whether a stipulation to pay tax — "Obligation" — Federal Income Tax Assessment Act 1915 (No. 34), ss. 53, 54.

Administration and probate — Will — Probate — Devises to two sons of allotments described in general terms in written instructions executed as a will — Particulars of volume and folio numbers of certificates of title relating to devises afterwards supplied by testator — Allotments of equal area — Wrong numbers attached to respective devises in will and codicil prepared on instructions and particulars — Mistake — No power in Court of Probate to rectify.

Trusts — Appointment of new trustees — Marriage settlement — Power to settlor, his executors or administrators, to appoint "any other person or persons" to be trustee or trustees — No power in executors to appoint themselves — Whether donees of power may appoint themselves — Appointment by Court — Trusts Act 1915 (No. 2741), ss. 14, 37 — Practice — Originating summons referred into Court and by consent treated as petition.

Will — Forfeiture — Marriage out of Jewish religion — Interest of son vested on attaining 25 years — Revocation of gift — Marriage "at any time" — Limited to marriage before attaining 25 years — Deed postponing distribution — Effect of.

Company — Articles of association — Directors' fees — Fees to be fixed at general meeting — Power of shareholders to delegate to directors power to fix remuneration — Directors holding majority of shares — Past services — Notice to shareholders — Sufficiency of notice — Ratification of irregular act by general meeting — Sufficiency of notice dependent on circumstances of particular case.

Criminal law — Rape — Consent — Capacity of girl to consent — Girl mentally defective — Complaint — Evidence of — When admissible — Demeanour in Court of girl — Proof — Mens rea.

Justices — Person caused to appear before justices by illegal means — Information for unlawful assault — Jurisdiction to hear and determine — Order to review — Refusal of justices to make order — Police Offences Act 1915 (No. 2708), s. 36 — Justices Act 1915 (No. 2675), ss. 4, 69, 88 (4), (5), (14), 150.

Real property — Will — Testator dying after Wills Act — Rule in Shelley's Case — Words of distribution — Effect of Wills Act — Equitable devise to A. during her life and upon her death to her lawful issue, and if more than one as tenants in common, and if there be no lawful issue then over to named persons — Whether the rule applies — Life estate only to A. — Wills Act 1915 (No. 2749), ss. 26, 27 — Real Property Act 1915 (No. 2719), s. 62 — Costs — Testamentary expenses — "Levy" on real estate if personalty insufficient.

Negligence — Fire — Master and servant — Fire lit by servant spreading to adjoining land — Damage — Liability of master — Course of employment — Principles of master's liability for acts of his servant reviewed.

Justices — Husband and wife — Maintenance of children — Order for maintenance — Arrears exceeding 50l. — Garnishee proceedings — Jurisdiction of justices — Proper person to apply — Remedy not confined to Marriage Act — Combined effect of Marriage Act and Justices Act — "Final order" — What is — Rights of garnishee at hearing — Justices Act 1915 (No. 2675), ss. 67, 68, 90, 109, 110, 116, 126, 139, 197 — Marriage Act 1915 (No. 2691), ss. 83, 85, 91.

Workers' compensation — Employer and employe — Compensation for injury by accident — Method of assessment — Injury not specified in Fourth Schedule — Workers' Compensation Act 1915 (No. 2750), ss. 5, 8, Fourth Schedule.

Footwear — Sale of goods — Possession in Victoria of shoes for sale in another State — "Has in his possession for sale or supply" — Meaning of — Footwear Regulation Act 1916 (No. 2869), s. 5.

Administration and probate — Practice — Grant of administration — When made — Grant by Registrar — Caveat before issue — Effect — Rights of applicant for administration de bonis non and of executrix of executrix — Administration and Probate Act 1915 (No. 2611), ss. 5, 6, 24, 51.

Mining — Mining on private property — Mines — Compulsory purchase — Lease — Application for — Land containing a spring — Inclusion of other land in application — "Land applied for" — Separate application and lease — Mines Act 1915 (No. 2698), ss. 333 (6) (b), 334.

Justices — Evidence — Order to review — Practice — Power to hear further evidence — Admission made after original hearing — Maintenance — Illegitimate child — Corroboration of mother's evidence — Justices Act 1915 (No. 2675), s. 155.

Will — Construction — Vesting — Class of beneficiaries — Ascertainment of class — Children "then living" — Not surviving life tenant.

Will — Construction — Words omitted — Power of Court to supply omission from context — Error in engrossing will — "And all the residue of my personal" omitted between the words "real" and "estate."

Will — Holographic — Interpretation — Survivorship — "Event of decease" — "Remaining survivors" — "Portion" — "Interest" — Meaning of — Ultimate survivor entitled to whole estate.

Divorce — Practice — Costs — Belief by co-respondent that respondent was not married — Subsequent knowledge of marriage — Continued adultery — Effect on costs — Marriage Act 1915 (No. 2691), s. 149.

Practice — Action on promissory notes — Indorsement — Prescribed form not followed — Claim for costs added — Judgment set aside — Payment without costs within four days of service — Instruments Act 1915 (No. 2672), ss. 92, 93, 94 — Second Schedule.

Practice — Discovery — Ownership of document — Public accountant — Notes and extracts from books of account — Copy of accountant's report — Letters collected by solicitor for evidence — Privilege — Action for libel — Rules of the Supreme Court, Order XXXI., r. 14.

Thistles — Justices — Failure to destroy — Proof of ownership of land — Sufficiency of notice to destroy — Proof of authority of prosecutor — "Thistle inspector" — "Municipal officer" — No special authority — Proof of prior proceedings against lessee or occupier — Nature of proof required — Thistle Act 1915 (No. 2736), s. 4.

Police offences — Obstruction of police in execution of duty — What amounts to — Running away with liquor taken from licensed premises during prohibited hours — Police Offences Act 1915 (No. 2708), s. 185 — Licensing Act 1915 (No. 2683), s. 189.

Husband and wife — Maintenance of wife and child — Public policy — Agreement to separate — Undertaking not to sue for maintenance — Effect of agreement — Practice — Case stated by Chairman of General Sessions — Power to remit to General Sessions — Marriage Act 1915 (No. 2691), ss. 83, 84, 87, 88, 91, 93 — Justices Act 1915 (No. 2675), ss. 137, 139, 145, 147, 192.

Pounds — Trespass rates — Damages — Trespass by bull on land where stud cows grazing — No actual damage proved — Amount recoverable — Justices Act 1915 (No. 2675), s. 64.(4) — Pounds Act 1915 (No. 2710), ss. 10, 12.

Pounds — Justices — Jurisdiction — Trespass by cattle — Trespass rates fixed — Cattle impounded but not restored — Damages in excess of trespass rates — Pounds Act 1915 (No. 2710), ss. 9, 10, 12, 14 — Justices Act 1915 (No. 2675), s. 64 (4).

Income tax (Federal) — Partnership — Loss in partnership business — Advance to firm by partner — Interest on advance — Whether taxable — Income Tax Assessment Act 1915-1916, s. 25.

Trusts — Sale of realty by executor — Power to sell otherwise than for cash — Payment partly in cash — Balance secured by mortgage — Mortgage money exceeding three-fifths of value of land — Suggestion by Registrar of improper dealing — Caveat lodged by Registrar — Costs of application to remove — "Special circumstances" — What are — Administration and Probate Act 1915 (No. 2611), s. 10 — Transfer of Land Act 1915 (No. 2740), ss. 233 (iii.), 248, 249.

Trusts — Executors — Action for breach of trust and accounts — Reference to Chief Clerk — Certificate — Review — Objections — Testator domiciled in Victoria — Victorian administration — Legacies payable to beneficiaries in England — Costs of remittance — By whom borne — Honest mistake of executor — Whether excusable — Trusts Act 1915 (No. 2741), s. 67 — Rules of the Supreme Court — Order XV. — Order for administration accounts — Whether in effect an administration decree — Order LV., r. 69.

Criminal law — Practice — Felony — Convict — Action by — "Action brought" — Meaning of — Writ issued before conviction — Right of convict to carry on action — Crimes Act 1915 (No. 2637), ss. 569, 575, 577.

Contract — Vendor and purchaser — Sale of land — Principal and agent — Company and managing director — Secret commission — Disclosure and payment by vendor after completion of sale — Assent by purchaser — Agent secretly led to expect commission prior to completion of sale — Rescission at suit of purchaser after registration of transfer under Transfer of Land Act 1915 — Terms.

Insurance — Fire — Warranty — Proposal basis of contract — Truth of answer — Previous fires — Scope of question — Omission to refer to all previous fires — Effect of warranty — Answers untrue — Avoidance of policy.

Banker and customer — Advance to customer — Delivery to banker of bill of exchange drawn by customer on foreign drawee and payable to banker or order — Bill of lading attached covering goods for shipment to foreign buyer — Indorsed in blank — Bill of exchange dishonoured by non-acceptance — Customer agent of foreign buyer — Right of banker to treat bill of lading and goods as security for repayment of advance — Right to realize security and to sue customer for deficiency — Interest — Rate of — Alien enemy — Right to defend and counterclaim.

Appeal — High Court — Appellate jurisdiction — Court of Petty Sessions invested with Federal jurisdiction — Court not consisting of police magistrate — Matter involving interpretation of Constitution — Information — Offence against State Act — Commonwealth officer — The Constitution (63 & 64 Vict., c. 12), ss. 71, 73, 76, 77 — Judiciary Act 1903-1915 (No. 69 of 1903, No. 47 of 1915), ss. 30, 38, 38A, 39 — Justices Act 1915 (No. 2675), s. 63 — Motor-car Act 1915 (No. 2702), s. 10.

Police offences — Possession of property suspected of being unlawfully obtained — Property found in locker in Customs shed — Placed there by Customs officer — "Actual possession" — Police Offences Act 1915 (No. 2708), s. 40.

Company — Alteration of objects — "Conveniently or advantageously combined with the business of the company" — Scope of alteration — Companies Act 1915 (No. 2631), s. 17 (1) (d).

Negligence — Railways — By-law — Validity of — Carriage of passengers — Conditions of carriage — Passenger projecting body — Prohibition — Railway Commissioners' power to make by-law negativing liability — Railways Act 1915 (No. 2716), ss. 4, 95, 128, 133, 187 — Railways By-law No. 228 (General Conditions, No. 30).

Tramways — Cable tramways — Statutory acquisition of land, buildings, rolling stock, cables, plant, and other accessories belonging to Tramway Company on termination of its leases of tramway lines constructed by Tramways Trust — Vesting in Tramway Board — Company prohibited from continuing operations in metropolitan area — Arbitration — "Compensation" — "Equitable settlement" — Lands Compensation Act 1915 (No. 2678) — No allowance to be made for compulsory acquisition — Principles to be applied — "Structural cost less depreciation" — Possibility or probability of conversion of cable system into electrical system — The Tramway Board Act 1915 (No. 2818), ss. 30, 33, 34, 46, 48, 50.

Insolvency — Debt provable in — Divorce — Arrears of alimony pendente lite — Nature of and whether provable — Attachment to enforce — Whether barred by sequestration — Insolvency Act 1915 (No. 2671), ss. 4, 173, 174, 180, 187, 242.

Local Government — By-law — Interpretation — Unenclosed land — Allowing cattle to graze or wander on — Local Government Act 1915 (No. 2686), s. 197.

Practice — Costs — Trial by jury — Costs to follow the event — Costs of issues — "Event," meaning of — "Good cause" — Rules of Supreme Court 1916 — Order LXV., r. 1.

Vendor and purchaser — Contract — Sale of land — Title — Proof — Conveyance to vendor 40 years prior to contract — Good title — Necessity for — Effect of Conveyancing Act 1915 (No. 2633), ss. 4, 5.

Appeal — Practice — Leave to appeal to Privy Council — Order in Council, 23rd January 1911, rules 2 (a) and 2 (b) — "Question . . . respecting property. . . of the value of 500l." — Discretionary leave — Question of great general or public importance.

Principal and agent — Auditor — Duties of — Audit limited to one year — Balance brought forward — Right of auditor to check correctness of balance — Principals not owners of books — Duty of auditor to disclose facts in his possession — Action for defamation.

Vendor and purchaser — Conveyancing Act 1915 (No. 2633), s. 12 — Local Government Act 1915 (No. 2686), Part XVIII., Division 11 — Charge upon land before contract of sale — Liability as between vendor and purchaser — Obligations of vendor in respect to discharge of incumbrances.

Transfer of land — Application to bring land under Transfer of Land Act 1915 — Adverse possession — Possessory title — Possession in law — Heir-at-law of person entitled by adverse possession — Land unoccupied by claimant — Statutory lease by municipality of property on which rates are unpaid — Whether lessee holds adversely to person claiming as heir to person entitled by adverse possession — Transfer of Land Act 1915 (No. 2740), ss. 18, 44, 72 — Local Government Act 1915 (No. 2686), s. 332.

Income tax — Deductions — Tax payable by taxpayer under Act of Parliament of Victoria — Payment of duty in respect of property chargeable with duty under s. 143 of the Administration and Probate Act 1915 — Right of donee to deduct — Practice — Special Case stated under Income Tax Act 1915, s. 59 (3) — Right to begin — Income Tax Act 1915 (No. 2668), ss. 19 (1), 59 (3) — Administration and Probate Act 1915 (No. 2611), s. 143.

Health — Sale of meat — Exposure of meat in shop window — Window open to the air — Meat not protected from dust as far as practicable — Health Act 1915 (No. 2665), s. 116 — Regulation 8 of 20th December 1916.

Will — Construction — Inconsistency — Words assumed to be omitted — Supplying omission by inference — Devise and bequest of "real" estate — Testatrix possessed of personal estate only at date of will and at death — Admissibility of extrinsic evidence.

Infant — Habeas corpus — Custody — Relinquishment of custody by father — Appointment of guardians — Change of circumstances in father's position — Claim by father to custody of child — Welfare of child — Rights of father.

Police offences — Idle and disorderly person — Occupier of house frequented by reputed thieves — "Frequented," meaning of — Evidence — Burden of proof — Police Offences Act 1915 (No. 2708), s. 69 (3).

Administration and probate — Practice — Executors passing accounts — Order for commission — Beneficiary out of Commonwealth — Procedure by originating summons inapplicable — Ex parte application by executors — Costs.

Contract — Illegality — Public policy — Member of Parliament acting as land agent — Sale of land to Lands Purchase and Management Board for settlement of discharged soldiers — Closer Settlement Act 1915 (No. 2629), s. 26 (3) — Discharged Soldiers Settlement Act 1917 (No. 2916).

Insolvency — Compulsory sequestration — Act of insolvency — Debtor's summons — Failure to meet debts claimed — Several petitioning creditors parties to debtor's summons — Meaning of "creditor" — Debt — Debts exceeding 50l. — Inclusion of amount not recoverable as a debt — Fees for warrant of distress — Demand for payment — Whether inclusion as debt invalidates debtor's summons — Insolvency Act 1915 (No. 2671), ss. 49 (6), 50; Acts Interpretation Act 1915 (No. 2609), s. 16.

Divorce — Wife's costs — Payment into Court — Second suit for dissolution — Previous suit still pending — Practice — Discontinuance — Undefended divorce suit — Leave not obtained — Supreme Court Rules 1916 — Order XXVI., r. 1 — Marriage Act 1915 (No. 2691), s. 159.

Mortgage — Fire insurance — Recovery and expenditure of insurance money — Reinstating premises — Duty of mortgagee — Reasonable diligence — Not a trustee.

Contract — Agreement to raise loan on mortgage of land — Statute of Frauds — Principal and agent — Agreement by agent to raise loan on specified terms as to interest — Agent finding part of loan — No conflict of interest and duty — Instruments Act 1915 (No. 2672), s. 228.

Justices — Husband and wife — Maintenance — When wife left without means of support — Promise by husband to pay wife allowance — Intention of husband to carry out or not to carry out — Marriage Act 1915 (No. 2691), ss. 83, 84, 88.

Criminal law — Practice — Defence involving imputations on character of witness for prosecution — Charge of robbery and receiving — Witness for prosecution cross-examined as to his guilt as receiver — Evidence by accused — Admissibility of cross-examination of accused as to prior convictions — Crimes Act 1915 (No. 2) (No. 2789), s. 2 (5) — Sentence — Reducing on appeal.

Federal law — Jurisdiction of Supreme Court in "matter involving any question however arising as to the limits inter se of the constitutional powers of the Commonwealth and any State" — "Involving any question," meaning of — Relief claimed on two grounds only one of which raises constitutional point — Duty of Supreme Court to entertain and decide case as far as possible — Judiciary Act 1903-1910, s. 38A — The Constitution, ss. 74, 76 — Insolvency — Assignment for benefit of creditors — Priority — Crown debt — Loan to returned soldier under Commonwealth Australian Soldiers Repatriation Act 1917-1918 — Australian Soldiers Repatriation Act (No. 37 of 1917) — Australian Soldiers Repatriation Act (No. 15 of 1918).

Husband and wife — Maintenance — Order of justices — Acts of sexual intercourse — Effect on order — Evidence — Effect of subsequent statement made by witness from body of Court — Marriage Act 1915 (No. 2691), s. 83.

Divorce — Adultery of wife — Unreasonable delay in presenting petition — Respondent living apart from husband in adultery with co-respondent for twelve years — Petitioner ignorant of law requiring promptitude — Connivance — Condonation, effect of repeated — Right of petitioner to rely on latest act of adultery — Marriage Act 1915 (No. 2691), ss. 130, 131 (1).

Local Government — Liability of owner for making streets — Former owner still appearing on rate books — Notice of change of ownership not given — Former owner included in scheme and served with notice, liability of — Liability "imposed on owner as such" — Local Government Act 1915 (No. 2686), ss. 3, 320, 321, 324, 526, 527, 528, 707.

Local government — City of Melbourne — By-law — Breach — Recovery of penalties — Whether Crown or City of Melbourne entitled to penalties recovered — Application of Local Government Act 1915 to City of Melbourne — By-laws of City of Melbourne made under s. 197 of the Local Government Act 1915 — 6 Vict., No. 7, s. 91; 11 Vict., No. 17, ss. 8, 9 — Penalties Act 1915 (No. 2706), s. 3 — Local Government Act 1915 (No. 2686), s. 721.

Divorce — Alimony — Wife living apart from husband for 11 years prior to petition — Not supported by husband nor any claim made for support during that time — Principles on which alimony granted — Marriage Act 1915 (No. 2691), ss. 142, 143.

Gift — Undue influence — Transfer of property by aged father to daughter — Action for retransfer — Fiduciary relation — Extrinsic evidence of, when not presumed — Independent advice — Whether necessary.

Stamps — Duty — Contract for purchase of land — Gift — Transfer by original seller by direction of purchaser to wife of purchaser in consideration of original purchase price and natural love and affection of purchaser for his wife — How dutiable — Instrument assessed both as transfer on sale and as gift — Dissatisfaction of taxpayer expressed as to first assessment only — Case stated raising specifically only question of correctness of first assessment — Whether second assessment can be challenged on such a case — Stamps Act 1915 (No. 2728), ss. 17, 32, 33, 36, 68; Third Schedule, VI. (B.) (4), IX. — Stamps Act 1918 (No. 2982), s. 3.

Workers' compensation — Injury by accident arising out of and in course of employment — Prohibited act — Breach of by-law — Effect — Voluntary taking of unnecessary risk — Test — Circumstances of particular case — Workers' Compensation Act 1915 (No. 2750), s. 5.

Company — Winding up — List of contributories — Application to remove name from — Contract to sell land to agent for proposed company — Agreement to take shares — Contract for sale assigned to company — Contract for sale not completed — Right of contributory to removal — Companies Act 1915 (No. 2631), ss. 165, 194.

Fences — Construction of dividing fence — Lands separated by creek — Frontages held under licence under Unused Roads and Frontages Act — Meaning of words "occupier," "alienated" — Fences Act 1915 (No. 2651), ss. 3-9 — Local Government Act 1915 (No. 2686), s. 737.

Factories and shops — "Grocer, including a seller of tea" — Determination of Wages Board — Ham and beef shop selling limited number of groceries — Whether person carrying on such shop is a "grocer" — Evidence — Question of fact — Factories and Shops Act 1915 (No. 2650), s. 226.

Administration and probate — Administration c.t.a. — Soldier's will — Notes or memoranda showing projected disposition of property — Whether intended to have testamentary effect — Wills Act 1915 (No. 2749), s. 10.

Motor-car — Driving motor-car at speed dangerous to public — Nature, condition, and use of highway — Requisites of proof — Judicial notice — Motor-Car Act 1915 (No. 2702), s. 10.

Real property — Will — Testator dying after Wills Act — Rule in Shelley's Case — Issue — Words of distribution — Effect of Wills Act — Equitable devise to A. during her life and upon her death to her lawful issue, and if more than one as tenants in common, and if there be no lawful issue then over to named persons — Whether the rule applies — Life estate only to A. — Wills Act 1915 (No. 2749), ss. 26, 27 — Real Property Act 1915 (No. 2719), s. 62.

Lien — Common carrier — Possessory lien — Extinguishment of lien — Order of Court of Petty Sessions for amount of charges due for carriage and storage — Whether Court of Petty Sessions is a Court of Record — Effect upon lien of unsatisfied judgment — No merger.

Vendor and purchaser — Contract — Title — Vendor selling as trustee — Legal estate in vendor — No power of sale — Consent of beneficiaries — Right of purchaser to require beneficiaries to join in conveyance — Power of executor to sell when executorial functions completed — Notice to purchaser — Practice — Vendor and purchaser — Summons — Rescission — Request of vendor only.

Pounds — Trespass rates — Excessive rates — Demand and receipt by poundkeeper of excessive trespass rates — "Pound notices" — "Other fees and charges" — Offence — Pounds Act 1915 (No. 2710), ss. 9, 28 (iii.)

Evidence — Practice — Commission — Witness leaving for residence in another State — Discretion to grant commission — Evidence Act 1915 (No. 2674), s. 4 — Service and Execution of Process Act 1901-1912 (No. 11 of 1901, No. 18 of 1912), s. 16 — Rules of Supreme Court 1916 — Order XXXVII., r. 5.

Criminal law — Res judicata — Autrefois acquit — Withdrawal of charge of indictable offence before justices, where they have no summary jurisdiction — Crimes Act 1915 (No. 2637), ss. 72, 73, 74.

Will — Deed — Acknowledgment by testator of voluntary debt — Whether a testamentary document — Non-compliance of document with Wills Act — Execution — Validity — Wills Act 1915 (No. 2749), s. 7.