Local government — City of Melbourne — Building regulations — Breach of — Certificate of official referees — Previous notice to party affected — Right to be heard — Melbourne Building Act 1849 (13 Vict., No. 39), s. 13, Schedule C, Part III.

Contract — Sale of goods — Vendor in Victoria — Purchaser in New South Wales — Terms "free on board, Melbourne, cash against documents" — Payment in Victoria — Shipping instructions — Default by purchaser in supplying — Breach of contract — Whether in Victoria — Cause of action within jurisdiction — Meaning — Jurisdiction — Conditional appearance — Application to set aside writ — Application out of time — Order extending time — Practice — Supreme Court Act 1915 (No. 2733), s. 141 — Rules of Supreme Court — Order XII., r. 30.

Vendor and purchaser — Practice — Special indorsement on writ — Contract for sale of land — Instalment of purchase money due on a prescribed date — Overdue interest on balance of purchase money — Debt or liquidated demand in money — Application for final judgment — Rules of the Supreme Court 1916 — Order III., r. 6 — Order XIV., r. 1.

Stamps — Settlement or gift, deed of — Settlement on marriage — By widower in favour of children of former marriage — "Before and in consideration of marriage" — Not taxable — Stamps Act 1915 (No. 2728), 3rd Schedule, clause ix.

Practice — Writ specially indorsed — Summons for final judgment — Defendant delivering defence with notice of appearance — Whether plaintiff thereby deprived of benefit of Order XIV. — Rules of Supreme Court 1916 — Order XIV. — Costs, amount of, where leave to sign judgment granted.

Practice — Summons for final judgment — Signing judgment in default of delivery of defence after issue of Order XIV. summons and before return day — Order XIV., r. 1.

Divorce — Husband and wife — Desertion — Deed of separation — Re-establishment of matrimonial relationship after separation — Nature of matrimonial relationship immediately preceding separation, importance of — Marriage Act 1915 (No. 2691), s. 122.

Vendor and purchaser — Contract — Sale of land — Agreement in writing — Contract containing blanks signed by vendor's agent and confirmed in writing by vendor — Blanks subsequently filled in by agent over existing signatures as intended and verbally agreed by vendor and purchaser — Description of land — Sufficiency — Instruments Act 1915 (No. 2672), ss. 228, 229.

Insolvency — Sequestration of estate of plaintiff before trial of action — Effect of sequestration — Whether action stayed — Mixed action — Stay as to part — Claims for benefit of estate — Stay of — Claims for personal injury — Right to continue — Appeal — Security for costs of — Delay in application — Insolvency Act 1915 (No. 2671), s. 176 — Rules of Supreme Court — Order LVIII., r. 15.

Divorce — Alimony — Attachment for non-payment — Order not served before commencement of attachment proceedings — Opportunity of compliance — Time limited in order — Supplemental order fixing a time — Rule of practice — Special order — Addition to usual form of order for alimony.

Midwife — Attending a woman in childbirth for gain — Attend, meaning of — Unregistered person — Midwives Act 1915 (No. 2773), s. 10 (1).

Conciliation and arbitration — Jurisdiction — Appeal — Proceeding by registered organization to recover membership dues — Right of appeal from order of Court of summary jurisdiction — Whether Court a State or Federal Court — No authority from Federal Executive Committee — Authority from Branch Management Committee insufficient — Commonwealth Conciliation and Arbitration Act 1904-1920, s. 68.

Public Service — Education Department — Teacher — Retirement — Pension — Paid pupil in training — Person teaching and being taught — Whether such person has status of teacher — Question of fact — Appointment of teacher — Appointment by Governor in Council — Whether necessary — Presumption of such appointment — Application of maxim, Omnia prsumuntur rite esse acta — Civil Service Act 1862 (No. 160), ss. 39, 49 — Education Act 1872 (No. 447), ss. 3, 5, 22 — Abolition of Pensions Act 1881 (No. 710), ss. 1 and 2 — Public Service Act 1883 (No. 773), ss. 70, 99 — Public Service Act 1915 (No. 2713), ss. 150 and 151.

Licensing — Reduction of licences — Deprivation — Local option vote for continuance taken between determination to close and date to which licence continued, effect of — Right of renewal — Licensing Act 1915 (No. 2683), ss. 95, 299 — Licensing Act 1916 (No. 2855), ss. 46 (c) (3).

Will — Construction — Altering words — "Living at my death" — Sensible though unlikely provision — Illegitimate children — Not beneficiaries — Intestacy subject to life tenant's interest — Life tenant still living — Possible unborn beneficiaries prejudiced — Summons not premature — Declaration made as to intestacy but refused as to ultimate division of estate — Res judicata — Application of.

Master and servant — Employer and worker — Negligence of third person — Death of worker — Indemnity — Action by employer for — Contributory negligence of worker — Entering dangerous place on premises — Trespasser — Accident arising out of and in the course of employment — Workers' Compensation Act 1915 (No. 2750), ss. 5, 16.

Health — Offence against Division 6 of Part IV. of Health Act 1919 — Permitting swine to be improperly fed — Committed in a shire — Committed after coming into operation of Division 6, but before extension by proclamation of Division 6 to shire — Operation of Acts Interpretation Act 1915 — Substituted provisions — Meaning — Repealing Statute extended to shires by proclamation — Health Act 1915 (No. 2665), s. 333 — Health Act 1919 (No. 3041), s. 1 (2), Part IV., Division 6, ss. 70, 71 (4) — Acts Interpretation Act 1915 (No. 2609), s. 5 (2).

Transfer of land — Mortgage — Principal payable at short date — Covenant by mortgagee "save as hereinafter provided" not to call in principal for two years if interest paid quarterly — Covenant by mortgagor to pay principal by quarterly instalments — Default by mortgagor in payment of instalment and interest — Notice to sell — Whether mortgagee entitled to sell if whole of principal and interest not paid — Tender of instalment and interest — Transfer of Land Act 1915 (No. 2740), ss. 146, 148.

Instruments — Promissory note — Cause of action — Action on promissory note — Plaintiff not holder of note at date of writ — Note lodged with plaintiff's bank for collection as security for overdraft — Practice — Right of reply — Claim dismissed, counterclaim proceeded with.

Insolvency — Compulsory sequestration — Act of insolvency — Execution returned "unsatisfied in whole or in part" — Demand for payment of judgment debt — Debtor's refusal to pay — Return of nulla bona — Truth or falsity of return irrelevant — Insolvency Act 1915 (No. 2671), s. 49 (8).

Master and servant — Employer and worker — Accident causing death of worker — "Arising out of and in the course of the employment" — Licence to have mid-day meal on employer's premises — Dangerous place on premises — Worker occupying for his own immediate purposes though still under contract of employment — Reasonable user of employer's premises — Warning by employer as to dangerous place — Effect of — Workers' Compensation Act 1915 (No. 2750), s. 5.

Administration and probate — Probate — Resealing foreign probate — Executor of deceased executrix — Not entitled to apply — Administration and Probate Act 1915 (No. 2611), s. 51.

Local government — Rates — Exemption — Deaf and Dumb Society — Home — Cultivation of flowers by inmates — Sale of flowers and refreshments — Hiring of boats — Residence of staff on land — Whether land used exclusively for charitable purposes — Local Government Act 1903 (No. 1893), s. 249 (2) (h) — Local Government Act 1915 (No. 2686), s. 249 (2) (i).

Medical Act — Offence against — Person not being registered pharmaceutical chemist — Dispensing drugs and medicines — Not under personal supervision of registered chemist — Whether carrying on business as chemist and druggist — Carrying on business — Meaning of — Medical Act 1915 (No. 2695), s. 103 (1) — Pharmaceutical Chemists Act 1920 (No. 3116), ss. 2, 3, 4.

Contract — Sale of land — Contract to employ agent to effect sale — Lands Purchase and Management Board — Indicated by vendor as purchaser — Attempted termination of agency by vendor and subsequent sale to board — Breach of contract — Agent's commission claimed — Agent also member of local advisory committee — No concealment of his agency — Public policy — Whether contract avoided — Discharged Soldiers Settlement Act 1917 (No. 2916), s. 35 — Discharged Soldiers Settlement Act 1919 (No. 3039), s. 17 — Local Government Act 1915 (No. 2686), s. 181 — Closer Settlement Act 1915 (No. 2629), s. 22.

Practice — Place of trial, change of — Fraud, action for alleged — Mining company — Purchase of shares in — Induced by alleged fraudulent misrepresentations of sharebroker — Misrepresentations connecting company with another mining company — Local interest in discussion of matters in dispute — Jury — Fair trial, probability of — Venue changed from Bendigo to Melbourne on defendant's application — Considerations of inconvenience and additional expense dealt with — Rules of the Supreme Court 1916 — Order XXXVI., r. 1.

Stamps — Duty — Ante-nuptial verbal agreement — Transfer of land in pursuance of — Whether dutiable — Settlement or gift, deed of — "Bon fide adequate pecuniary consideration" — "Instrument made before and in consideration of marriage" — "Benevolence or something akin to it" — Assessment — Value of land — Deduction of mortgage debt and interest — Stamps Act 1915 (No. 2728), Part IX. (1) of Third Schedule.

Factories and shops — Employment — Arrears of wages — Special Board determinations — Rates of wages paid less than rates payable under Special Board determinations — Demand in writing — Demand for sum in respect of arrears of wages becoming due as well before as within two months before demand made — Effect of — Factories and Shops Act 1915 (No. 2650), ss. 225, 226, 232.

Divorce — Practice — New trial, jurisdiction of single Judge to grant — Appeal from refusal of single Judge to Full Court — Notice of appeal treated as application for new trial — Marriage Act 1915 (No. 2691), s. 160 — Divorce Rules 61, 80, 126.

Licensing — Bar, meaning of — More than one bar — Room possessing physical characteristics of bar — Sale of alcoholic refreshment to bon fide travellers during hours when bar closed — Licensing Act 1915 (No. 2683), ss. 178, 179, 214 — Intoxicating Liquor (Temporary Restriction) Act 1915 (No. 2584), s. 4.

Health — Infectious diseases — Agreement between municipal council and hospital for payment by council of costs of treatment and maintenance of patients — "Accommodated pursuant to an agreement," meaning of — Patient admitted to hospital before agreement made — Health Act 1919 (No. 3041), ss. 150, 151, 153, 363.

Administration and probate — Practice — Probate — Executrix having possession of will neglecting to prove or renounce — Caveat lodged — Application by caveator to compel executrix to bring will into Court — Affidavit in support — Contents of — Probate Rules of 1854 — No caveat, provision for setting forth by affidavit — Whether ultra vires — Administration and Probate Act 1915 (No. 2611), ss. 17, 32.

Divorce — Jurisdiction — Insanity as ground for divorce — Respondent a lunatic confined in an asylum out of Victoria — Marriage Act 1915 (No. 2691), s. 122 — Divorce (Insanity) Act 1919 (No. 3049).

Practice — Final judgment — Foreign corporation, action by — Registered as foreign corporation in New South Wales but not registered in Victoria — Fact of incorporation under foreign law — Failure to prove — Defect of substance — Application to amend — No amendment for purposes of Order XIV. — Amendment for purposes of action — Rules of Supreme Court 1916 — Order XIV., r. 1.

Arrest — Mesne process — Defendant about to remove permanently from jurisdiction — Defendant having no assets within the jurisdiction — Probability of action being defeated unless defendant arrested — Test as to when order should be made — Supreme Court Act 1915 (No. 2733), ss. 147, 149.

Justices — Complaint — Amendment — Parties — No power to substitute a new complainant for the complainant appearing on the summons — Justices Act 1915 (No. 2675), s. 96.

War-time profits — Assessment — Partners carrying on business as graziers — Separate parcels of land owned severally by partners — Use of land rent free by partnership — Determining capital of business — Whether land to be taken into account at capital value — War-time Profits Tax Assessment Act 1917 (No. 33 of 1917), ss. 16 (9), 17 (1).

Income tax (Federal) — Constitutional law — Power to impose taxation — Taxpayer resident and domiciled in England — Income derived from companies incorporated and managed in England carrying on business in Australia — Dividends payable in England — Federal Income Tax Assessment Act 1915-1916, ss. 3, 10, 14 (b), 18 (k), 19, 28.

Landlord and tenant — Covenant — Construction — Covenant by lessee to take all sanitary and other precautions which may be necessary or ordered under the provisions of the Health Acts — Order served on lessor by Commission of Public Health involving a structural alteration — Whether lessee liable under covenant for cost of complying with such order — "All sanitary and other precautions," meaning of — Health Act 1919 (No. 3041), s. 169 — Conveyancing Act 1915 (No. 2633), s. 25.

Justices — Evidence — Husband and wife — Maintenance order — Failure by husband to comply with order — Information to compel compliance with order — Husband called as witness on behalf of wife — Competence and compellability of husband to be called as such witness — Marriage Act 1915 (No. 2691), s. 91 — Evidence Act 1915 (No. 2647), ss. 24, 26 — Crimes Act 1915 (No. 2637), s. 432 — Crimes Act 1915 (No. 2) (No. 2789), s. 2.

Landlord and tenant — Weekly tenancy — Determination of tenancy — Notice to quit, whether necessary — Length of notice — Proceedings before justices — Notice of intention — Description of tenancy, accidental slip in — No possibility of misleading — Proceedings not affected — Landlord and Tenant Act 1915 (No. 2677), s. 93.

Practice — Pleading — Particulars — Passing off action — Further particulars under statement of claim — Particulars of sales — Names of purchasers — Affidavit in support of application — Rules of the Supreme Court 1916 — Order XIX., r. 7.

Criminal law — Evidence — Admissibility — Nature or conduct of defence — Imputations on character of witness for prosecution — Cross-examination of prisoner — Witness for prosecution suggested as accessory — Further cross-examination of prisoner as to prior convictions — Whether admissible — Practice — Leave to appeal — Appeal — Crimes Act 1915 (No. 2) (No. 2789), s. 2 (5) (b).

Stamps — Duty — Transfer on sale of real property — Exemptions from duty — Separate contracts of sale to one purchaser of separate allotments of land — Subsequent transfer to purchaser by one instrument of all allotments — Separate assessments — Stamps Act 1915 (No. 2728), ss. 21, 22 — Part VI. (A) of Third Schedule — Stamps Act 1918 (No. 2982), s. 3 (3).

Landlord and tenant — Lease — Construction of terms — Fixtures — Lessee's right of removal — Buildings erected by lessee on demised land — Lessee's covenant to remove within three months after termination of lease — Breach of covenant — Property in buildings erected — Right to remove after termination of lease.

Administration and probate — Executors — Commission — Individual executor appointed as co-executor with trustee company — Clause in will that individual executor should receive such rate of commission as Court or Chief Clerk shall think fit — Commission fixed by Court payable on same amounts as those upon which trustee company charges commission.

Will — Perpetuity — Direction to divide between children and issue per stirpes living at death of testator's widow — Restriction on anticipation or disposal of shares of girls otherwise than by will — Grandnieces born after testator's death — Invalidity — Attempt to control absolute gift of personalty — Absolute gift — Invalid restrictions — Effect.

Licensing — Licensing Court — Jurisdiction — Licensing districts — Local option poll — Resolution B carried — Number of licenses of particular descriptions less than four — Number of registered clubs less than four — Jurisdiction to reduce — "The number of the licenses of the respective descriptions" — Meaning — "And in each case may be reduced to three-fourths of such number" — Meaning — Statutory power — Implied restriction on exercise — "Respective" — Meaning of in Statutes — Interested third party — Right to intervene — Licensing Act 1915 (No. 2683), ss. 296 (1) (b), 298 (b).

Will — Construction — Income — Capital — Accounts — Partnership — Profits — Apportionment — Death of testator between periods when accounts in partnership usually taken — Provision in partnership deed that account should be taken upon determination of partnership from whatever cause — Determination of partnership upon death of testator — Whether profits accruing between date of previous accounting period and death of testator should be treated as income or capital.

Vendor and purchaser — Sale of land — "Land delineated on a map" — Measurements shown on map — "Together with the buildings erected thereon" — Roof of building sold supported by walls of buildings on adjoining land — "Objection to or requisition on the title or otherwise" — Vendor's right to rescind — Compensation — Adjoining allotments sold at same time by vendor to other purchasers — Easement, against whom existing — Transfer of Land Act 1915 (No. 2740), Table A.

Instruments — Bill of sale — Conditional — Alteration of date — Re-execution as of later date — Whether valid — Interest expressed as payable — Interest owing — Affidavit of renewal — Interest not included in amount owing — Effect — Deponent other than grantee or attorney — Whether able to depose of own knowledge to amount owing — Not stated in affidavit — Whether necessary — Instruments Act 1915 (No. 2672), ss. 128, 139.

Justices — Jurisdiction — Detention of goods — Goods returned after issue of summons but before hearing — Costs — Justices Act 1915 (No. 2675), ss. 64 (3), 102.

Local government — Subdivision of land — Refusal of council to seal plan of subdivision — Provision for drainage — Drainage by natural water-course — Rights of lower riparian owners, whether material — Appeal — Evidence to be considered — Local Government Act 1915 (No. 2686), s. 522 (2) (b) (ii).

Licensing — Reduction of licenses — Deprivation — Local option vote for continuance taken between determination to close and date to which license continued, effect of — Right of renewal — Licensing Act 1915 (No. 2683), ss. 95, 299 — Licensing Act 1916 (No. 2855), ss. 46 (c) (3), 51.

Divorce — Evidence — Question tending to show witness guilty of adultery — Co-respondent a witness — Witness not called by the Court — Obligation to answer — Marriage Act 1915 (No. 2691), s. 163 — Evidence Act 1915 (No. 2647), s. 29.

Divorce — Evidence — Respondent called as witness by petitioner — Questions tending to show witness guilty of adultery — Whether witness obliged to answer — Marriage Act 1915 (No. 2691), s. 163 — Evidence Act 1915 (No. 2647), ss. 24, 29.

Licensing — "Appeal" — Rehearing — Licences Reduction Board — Reduction of rent — Appeal by owners to police magistrate — Whether police magistrate has power further to reduce rent in absence of cross-appeal by tenant — Licensing (Rents and Fees Adjustment) Act 1915 (No. 2776), s. 4 — Licensing Act 1916 (No. 2855), s. 49, Second Schedule — Licensing Act 1919 (No. 3028), s. 13.

Divorce — Practice — Service, proof of — Disappearance of process-server after effecting service — No appearance entered — Affidavit of service — Indorsement on citation of certificate of service — When dispensed with — Supreme Court Rules 1916, Chap. II.; Divorce Rules, rr. 9, 13.

Landlord and tenant — Ejectment — Notice of intention to apply to justices — Complaint — Landlord himself a lessee — Properly described in notice and complaint as "owner" — Justices — Jurisdiction — Claim by defendants to rectification of lease — Whether sufficient to oust jurisdiction of justices — Tenancy for twelve months at least — Thereafter to be determined by one month's notice — Described as "tenancy from month to month" — Sufficiency of description — Landlord and Tenant Act 1915 (No. 2677), ss. 92 and 93.

Licensing — Bar — Locking — Opening in bar through which liquor may be served — Slide window — Fastened by bolt — Operated only from within bar — Whether bar "shut and locked" — Licensing Act 1915 (No. 2683), s. 206 — Licensing Act 1919 (No. 3028), s. 9 (1).

Contract — Construction — Purchase of chaff — "To be delivered on trucks in good condition" — Failure by purchaser to supply trucks — Partial delivery — Chaff wet by rain — Effect — Duties of vendor and purchaser respectively — "No damaged hay to be cut" — Breach of condition — Effect — Whether purchaser entitled to repudiate contract.

Local government — Election of councillor — Declaration of election — Ouster — "Proceedings... taken ... before the expiration of four months" — Resignation of candidate before rule nisi obtained — Quo warranto — Discretion — Costs — Local Government Act 1915 (No. 2686), ss. 156, 157 — Rules of the Supreme Court 1916 — Order LIII., rr. 1-4, 31-35.

Administration and probate — Administration — Statute of Distributions (22 & 23 Car. II., c. 10) — Intestacy — Murder — Death of intestate caused by intestate's wife — Whether curator of wife's property entitled to share in intestate's estate — Absolute statutory right — Whether qualified by consideration of public policy — Right of children to whole estate.

Breach of promise — Conflict of laws — Foreign marriage — Divorce by foreign Court — Temporary disability of remarriage imposed on one party — Promise to marry in Victoria within period of disability — Capacity to marry — Pleadings — Amendment — Rules of Supreme Court 1916 — Order XXVIII., r: 1.

Bailment — What constitutes — Goods stolen — Possession of goods assumed without knowledge or consent of owner — Duty of care — Loss of goods — Reasonable care — Burden of proof — Bailee for reward — Liability of person assuming control — Gratuitous bailment — Negligence of servants of such bailee — Liability of gratuitous bailee — Effect of Regulations of the Melbourne Harbour Trust Commissioners (1917), reg. 109 (3).

Will — Construction — Gift to testator's widow and issue — Gift over to testator's next of kin on death of widow without issue — Substitutional gift — "My next of kin" — Meaning — Time for ascertaining next of kin.

Justices — Dividing cause of action — Money received — Two complaints — Distinct and independent transactions, in respect of — Claim in later complaint alleged to have accrued prior to bringing earlier complaint — Cause of action — Whether improperly divided — Objection, time to take — Justices Act 1915 (No. 2675), ss. 64 (4), 82.

Administration and probate — Probate — Payment of duty — Person absolutely entitled to interest in land — Voluntary transfer to another person on joint tenancy — Sale of land — Death of transferor — Beneficial interest passing by survivorship — "To the extent of such beneficial interest" — Meaning — How far unpaid proceeds of sale chargeable with duty — Administration and Probate Act 1915 (No. 2611), s. 144.

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

Transfer of land — Transfer — Registration of — Exception of mines and minerals — Whether transfer containing such exception can be registered — "Land" — "Hereditaments" — Separate certificate of title for mines and minerals — Transfer of Land Act 1915 (No. 2740), ss. 4, 121, 125, 248, 279.

Auctioneer — Words painted on window "leading to the belief that such person is an auctioneer" — Meaning conveyed by words to average member of the public — Belief of informant — Whether relevant — Auction Sales Act 1915 (No. 2615), s. 31.

Instruments — Bill of sale — Conditional — Interest expressed as payable — Alleged arrangement for constructive payment — Evidence — Sufficiency — Interest owing — Affidavit of renewal — Interest not included in amount owing — Bill of sale invalid — Instruments Act 1915 (No. 2672), s. 139.

Criminal law — Procedure — Request by accused before trial for copy of depositions — Non-compliance with request — Effect — Miscarriage of justice — Onus of proving — How far proceedings invalidated — Crimes Act 1915 (No. 2637), ss. 443, 594 (1) — Justices Act 1915 (No. 2675), s. 59.

Criminal law — Shopbreaking and receiving — Recent possession of stolen property — At a place remote from place of shopbreaking — No direct evidence of shopbreaking or that prisoner was in locality of shopbreaking — Conviction for shopbreaking — Whether sustainable — Crimes Act 1915 (No. 2637), ss. 128, 316, 595 (2).

Contract — Sale of goods — Spruce timber — Implied condition — Goods "borght by description" — Goods selected, after examination, by purchaser — Latent defect — Purpose for which goods required made known to seller — "So as to show that the buyer relies on the skill and judgment of the seller," meaning of — "Merchantable" — Goods Act 1915 (No. 2663), ss. 18, 19.

Contract — Sale of goods — Auction — Goods bargained and sold — Unconditional contract of sale, meaning of — Conditions — Loss of chattel sold — Right of resale reserved on nonpayment — "All lots at risk of purchaser" — Whether property passes — Goods Act 1915 (No. 2663), ss. 22, 23, 24, 25, 44 (1), 52 (4).

Settled lands — Will — Bequest of annuity to testator's widow — Payable out of rents and profits of real estate, supplemented if necessary by invested income of personal estate — Direction to accumulate surplus rents, profits, and income, and after widow's death or remarriage to sell real estate and divide proceeds thereof and invested proceeds of personal estate among testator's children — Whether intestacy as to surplus so accumulated within 21 years after testator's death — Dwelling-house — Trust to permit widow to live in rent free during life or second marriage for use of herself and children — Widow to have use if preferred of any other house of like value subject to children's right of residence — Whether life tenancy created — Settled Estates and Settled Lands Act 1915 (No. 2725), ss. 50 (6), 101 (1).

Licensing — Persons found on licensed premises during prohibited hours — "Lawful purpose" — Request to leave — Duty of licensee — Licensing Act 1915 (No. 2683), s. 188 (3).

Compensation — Compulsory acquisition of land — Land taken under Electricity Commissioners Act 1918 — "Compensation ... shall not exceed the value thereof" — Value to owner, what is — Addition to value of percentage for compulsory taking, whether allowable — Basis of assessment of value — Electricity Commissioners Act 1918 (No. 2996), ss. 13, 28 — Lands Compensation Act 1915 (No. 2678), ss. 32, 35.

Insurance — Life policy — "For the benefit of wife ... and children" — Death of wife, leaving children — Second marriage — Children by second marriage — Whether they take under policy — "Wife ... and children," meaning of — Married Women's Property Act 1871 (No. 384), s. 14 — Married Women's Property Act 1915 (No. 2692), s. 14.

Factories and shops — Time for closing — Fruit shop — Another business carried on in the same premises — Regulation requiring fruit and vegetable shops to be closed at 7 p.m. — Necessity to close shop for all purposes — Factories and Shops Act 1915 (No. 2650), s. 105 (1) — Fourth Schedule — Regulation of 8th October 1918 — "All fruit and vegetable shops" — Shop in which fruit is sold and vegetables are not sold — "And" read as "and/or."

County Court — Jurisdiction — Money lender, claim by — Reopening transaction — Counterclaim exceeding 500l. — Transfer to Supreme Court — County Court Act 1915 (No. 2636), s. 69 — Money Lenders Act 1915 (No. 2701), s. 5.

Practice — Action for negligence — Collision — Interrogatories — Ex parte order set aside — Facts previously admitted in other proceedings — No notice to admit facts — Rules of Supreme Court 1916 — Order XXXI., r. 7.

Will — Construction — Gift of life interest in residue to testator's widow — Remainder to testator's daughter — Whether vested — Gift over of whole estate to testator's next of kin on death of widow without issue — Issue — Meaning — "My next of kin" — Whether issue excluded from class — Time for ascertaining class.

Criminal law — Carnally knowing — Girl of twelve years of age — Prosecution to be commenced not more than twelve months after the offence — Commencement of prosecution, what is — Information laid and warrant issued within twelve months after offence — Warrant executed after twelve months — Confession, admission of — Crimes Act 1915 (No. 2637), s. 47 — Evidence Act 1915 (No. 2647), s. 141.

Will — Construction — Legacy — Whether specific or demonstrative — Bequest to testator's sister "out of my share in D. L. estate under my father's will" — Testator at time of his death not entitled to any share under father's will — Costs — Not out of legacy — Rules of Supreme Court — Order LXV., r. 14 (b).

Will — Construction — "Statutes for the distribution of the personal estate of intestates" — Intestates' Estates Act 1896 (No. 1419) — Administration and Probate Act 1915 (No. 2611), s. 15 — Intestates' Estates Distribution Acts 1916 (No. 2863).

Criminal law — Sentence — Imposing or suspending execution of — Evidence as to character after conviction — Whether Judge entitled to take into account fact of prisoner having given false evidence on his own behalf — Demeanour — Statements apart from falsity — Crimes Act 1915 (No. 2637), s. 532.

Will — Construction — Conditions — Gift to testator's wife until remarriage, but on remarriage gift over to testator's wife and others — Whether conditional limitation or absolute interest with condition subsequent — Whether gift over took effect on wife's death without remarriage — Disposition of corpus — Whether wife's estate entitled to share.

Maintenance — Evidence — Illegitimate child — Paternity denied — Evidence of mother supported by evidence of opportunity only — Whether sufficient — Corroborative evidence, what constitutes — Marriage Act 1915 (No. 2691), ss. 83, 96, 106.

Administration and probate — Probate — Foreign probate, exemplification of — Copy of foreign probate not contained — Whether necessary — Recital of grant of probate — Whether sufficient — Administration and Probate Act 1915 (No. 2611), ss. 50, 51.

Factories and shops — Shops — Hours for closing — Fruit shop — Sale on one occasion of cigarettes — Whether tobacconist's shop constituted — Whether one sale of goods constitutes a dealing in goods of that description or a trade or business in relation thereto — Factories and Shops Act 1915 (No. 2650), ss. 99, 105 (1) — Factories and Shops Act 1919 (No. 3048), paragraph 6 of First Schedule.

Administration and probate — Probate — Execution of will — Printed form — Incomplete sentence followed by testator's signature and attestation clause on first page — Sentence completed on third page of double sheet, which also contained other testamentary provisions — Third page unsigned — Whether will executed "at the foot or end thereof" — Wills Act 1915 (No. 2749), ss. 7, 8.

Will — Construction — Debt due by beneficiary — Share in residuary estate smaller in amount than debt — Release of debt — Guarantee by testator of nephew's indebtedness — Direction that sums paid Under guarantee should be taken in satisfaction according to the amount thereof of the share of the nephew under testator's will — Payment under guarantee by testator's executrix — Amount so paid exceeding share — Whether nephew liable to pay the balance to testator's executors — Hotchpot clause — Effect of.

Vendor and purchaser — Contract — Sale of hotel lease — Statute of Frauds — Contract signed by agent not authorized in writing — Part performance — Preparation of assignment of lease and transfer of license, with knowledge of defendant — Expenditure of money — Instruments Act 1915 (No. 2672), s. 229.

Administration and probate — Administration — Priority — Crown debt — Estate of intestate insufficient to pay debts in full — Debt due to Government of Victoria in respect of purchases of wheat by intestate from Minister of Agriculture — Whether Crown debt — Practice — Costs — Representative defendant to originating summons — Costs disallowed — Order LXV., r. 14 (A) — Wheat Marketing Act 1915 (No. 2812) as amended by Wheat Marketing Act 1917 (No. 2917).

Licensing — Disposal of liquor — Justices — Uncontradicted evidence — No reasons given for rejection — Test of reasonableness — Licensing Act 1915 (No. 2683), s. 177.

Trusts — Appointment of new trustees — Practice — Appointment by Court although persons with power of appointment available — Saving of expense — Vesting order, form of — Trusts Act 1915 (No. 2741), ss. 14, 37, 38.

Transfer of land — Instrument — Unregistered instrument, efficacy of — "Same efficacy as if under seal" — Unregistered mortgage — Statute of Limitations — Transfer of Land Act 1915 (No. 2740), s. 124 — Supreme Court Act 1915 (No. 2733), s. 79 (1) (C) (vi.), (D) (i.)

Divorce — Domicil — Desertion — Wife deserted in Victoria — Wife residing outside Victoria at time of petition, but domiciled in Victoria — Whether presentation of petition by wife residing outside Victoria is resorting to Victoria for the purpose of the petition only — Change of domicil by husband — "Just cause or excuse," what constitutes — Decree — Extra-territorial effect of — Marriage Act 1915 (No. 2691), s. 122.

Trusts — Will — Business — Direction that trustees should carry on business — Business expanding, but difficulties owing to lack of capital — Proposal to convert business into proprietary company — Emergency jurisdiction — Sanction of Court refused.

Criminal law — Perjury — Evidence — Voluntary statutory declaration — Corroboration — What is — Accused charged with making declaration that "he was not indebted to any person ... for sums of money aggregating more than 25l." — Several witnesses called, each of whom swore that accused owed him a particular and different sum of money, which sums aggregated about 130l. — Two debts exceeding 25l. — Effect of declaration taken before commissioner who is a solicitor — Form of recognizance — Evidence Act 1915 (No. 2647), ss. 100, 109, 110, 133 — Crimes Act 1915 (No. 2637), ss. 477, 593.

Justices — Jurisdiction — Title to land bon fide in question — Proceedings for an offence — Ouster of jurisdiction — Construction of embankment by local water authority — Obstruction of alleged right of way — Wilful damage to embankment — Fair and reasonable supposition of right — Motive of asserting right immaterial — Bendigo Creek Act 1914 (No. 2561), ss. 12, 14 — Police Offences Act 1915 (No. 2708), s. 18 — Justices Act 1915 (No. 2675), s. 81 — Statute Law Revision Act 1916 (No. 2875) — Justices Act 1918 (No. 2967), s. 12.

Landlord and tenant — Recovery of possession — Tenant claiming under parol agreement for lease of five years — Part performance — Jurisdiction of justices — Reasonable cause for refusing order — Landlord and Tenant Act 1915 (No. 2677), s. 93.

Criminal law — Practice — Direction of Judge to jury — Plea of not guilty — Evidence by prisoner — Admission by accused of facts amounting to admission of guilt — Power to direct verdict of guilty.

Administration and probate — Probate duty — Public charitable bequest — Assets of testator in New South Wales and Victoria — Gift to charities in Victoria — Whether duty deductible from Victorian assets — No direction in will to pay legacies out of Victorian assets — No circumstances requiring such payment — Administration and Probate Act 1915 (No. 2611), ss. 128, 130.

Divorce — Desertion and repeated act of adultery — Dismissal of previous petition on ground of desertion — Desertion in present suit commencing at same time as desertion alleged in previous suit — Further evidence — Res judicata — Effect of previous dismissal — Deserted wife domiciled in Victoria at time of desertion — Respondent acquiring foreign domicil — Marriage Act 1915 (No. 2691), s. 122.

Motor-car — Registration — Using unregistered motor-car on highway — "General identification mark" — "Dealer in motor-cars" — Bon fide testing of car — Whether "testing" includes "testing" for purpose of purchase — Offence — Motor-car Act 1915 (No. 2702), s. 4.

Fences — Occupiers of adjoining lands — Land subject to right of way — Obstruction of easement — Power of justices to order erection of fence between dominant and servient tenements — Gates, provision for — Kind of fence which justices may prescribe — Fences Act 1915 (No. 2651), ss. 4, 5, 8 — Justices Act 1915 (No. 2675), s. 81.

Trust — Constructive — Land purchased by husband in wife's name with husband's money — Verbal agreement that wife should hold land on trust for herself and husband substantially on joint tenancy — Death of wife in husband's lifetime — Devise of the property by wife — Claim by husband to property — Trusts Act 1915 (No. 2741), s. 71.

Husband and wife — Practice — Order for maintenance — General Sessions — Appeal — Application to quash or vary — Whether an appeal — Time for applying to General Sessions — "At any time" — Case stated by Chairman of General Sessions — Power of Supreme Court to remit — Justices Act 1915 (No. 2675), ss. 139, 147 — Marriage Act 1915 (No. 2691), s. 93.

Animals — Stallion — Dangerous disposition — Scienter — Duty to take-reasonable care — Injury to mare — Negligence — Damages.

Arbitration — Contract — Action on — Counterclaim based on prior contract — Arbitration clause — Application to stay counterclaim — Jurisdiction — Discretion — Arbitration Act 1915 (No. 2614), s. 5.

Instruments — Bill of sale — Sale of chattel — Chattel retained by vendor — Verbal agreement — Receipt and memorandum of sale — Intended by parties to be record of transaction — Effect of non-registration as bill of sale — Whether also avoided as between parties — Instruments Act 1915 (No. 2672), ss. 128, 129 — Instruments Act 1916 (No. 2857), s. 2.

Company — Winding-up — Proof of debt — Voluntary liquidation — Company licensee of patented process — Effect of liquidation on agreement — Damages limited to actual loss.

Criminal law — Taking reward for restoring stolen property — What constitutes offence — Taking on account of helping — Money or reward — "Corruptly" explained — Proper direction to jury indicated — Effect of Presentments Act 1916 — Crimes Act 1915 (No. 2637), s. 184.