Malicious prosecution — Prosecution for larceny — Nolle prosequi — Termination of prosecution in plaintiff's favour — Reasonable and probable cause for prosecution — Province of Judge and of jury — Local government — Public reserve — Council appointed as committee of management — Liability of municipality for the acts of the council when acting as such committee of management — Local Government Act 1915 (No. 2686), s. 9 — Land Act 1915 (No. 2676), s. 184.

Contract — Illegality — 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 — Tendency of conflict between public duty and private interest — 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.

Costs — Practice — Taxation — Libel — Fair comment — Separate counts — Judgment for plaintiff on one count with costs, except costs occasioned by calling witnesses for the defendants — Defendants to have the costs of the issues on which they succeeded — Evidence called by defendants going both to liability and damages — Damages reduced by such evidence to one farthing — Damages to be treated as separate issue in count on which plaintiff succeeded — Apportionment of costs.

Instruments — Bill of sale — Conditional — Not registered — Subsequent reduction of part of goods into possession by creditor — Whether good title acquired — Insolvency of grantor — Written arrangement with creditor — Fraudulent preference — Whether valid pledge constituted — Instruments Act 1915 (No. 2672), ss. 127, 128, 129 — Insolvency Act 1915 (No. 2671), s. 151.

Will — "Right heirs" — Meaning of — Devise in trust for daughters for life in undivided third shares — Remainder to use of "own right heirs" of each daughter — Effect of Intestates Act 1864 (27 Vict., No. 230) — Real Property Act 1864 (27 Vict., No. 223) — Rule in Shelley's Case — Legal and equitable estates.

Criminal law — Incapacity of infant — Presumptions — Children's Court Act 1915 (No. 2627), s. 13.

Vendor and purchaser — Parol contract — Subsequent negotiations, effect of — Statute of Frauds — Receipt for deposit signed by vendor — Whether sufficient memorandum — Particulars of land sold — Whether sufficiently identified — Admissibility of parol evidence — Vendor's right to rescind — Defective title — Purchaser ultimately willing to accept — Specific performance — Instruments Act 1915 (No. 2672), s. 228.

Money lender — Mortgage — Foreclosure by mortgagee on originating summons — Mortgagor seeking to reopen mortgage transaction — Jurisdiction to reopen transaction upon originating summons — Practice — Order LV., r. 3 — Order on originating summons tantamount to order of Court — Money Lenders Act 1915 (No. 2701), s. 5 (1) and (2).

Trusts — Transfer of land — Transfer expressed to be for valuable consideration — Expressed consideration not paid — Resulting trust — Presumption where consideration expressed — Intention of transferor to transfer beneficial interest — Legal and equitable principles applicable to land under general law — Application of to land under Transfer of Land Act 1915 — Voluntary conveyance — Implication of resulting trust — Practice — Appeal — Admission of law by counsel at trial — Effect.

Licensing — Disposal of liquor during prohibited hours — Bon fide lodger — Husband of licensee living on premises — Justices' duty to give reasons for decisions — Licensing Act 1915 (No. 2683), s. 177.

Transfer of land — Will — Trust — Breach of — Duty of Registrar to refuse registration — When it arises — Order on originating summons sanctioning sale not authorized by will — Declaration of benefit to infants and others — Defendants sued in representative capacity — No representative order — No direction for notice of order to beneficiaries not parties — Second mortgage — Contributory mortgage — Powers of Judge on originating summons — Scope of Order XVI., rr. 9 and 40 — Absent beneficiaries not bound — Notice — Doctrine of — How affected by sec. 179 of the Transfer of Land Act 1915 (No. 2740) — Conveyancing Act 1915 (No. 2633), s. 76 — Effect of in favour of purchasers — Emergency jurisdiction — When applicable — Doctrine of Re New discussed — Order LV., rr. 3, 5, 6 — Interests of unborn beneficiaries — How to be represented — Mandamus to Registrar — Transfer of Land Act 1915 (No. 2740), ss. 55, 233 (iii.)

Local government — Evidence — Cattle wandering in street — Proof of ownership — Act of taking possession — Evidence given by witness in one case incorporated by reference in later case — Regularity — Local Government Act 1915 (No. 2686), 13th Schedule, Part I., rr. 41, 42.

Administration and probate — Probate duty — Gift of property within twelve months before death of donor — Several gifts — Principle on which duty calculated — Gifts to be valued separately — Administration and Probate Act 1915, ss. 122, 128, 143.

Local government — Voters' list — Compilation — Rate — Rate book — Defaulters — Inclusion in voters' list of persons not entitled to enrolment — Information against shire secretary compiling voters' list — Wilful or negligent act of commission — Who may lay information — Local Government Act 1915 (No. 2686), ss. 79, 109.

Insolvency — Act of insolvency — "Absented himself from his dwelling-house with intent to defeat or delay his creditors," meaning of — Insolvency Act 1915 (No. 2671), s. 49 (3).

Bills of exchange — Unconditional order in writing — "Documents against acceptance," whether a condition — Sum certain — "With interest until arrival of payment in London to cover" — Commonwealth Bills of Exchange Act 1909-1912, ss. 8, 14 (1).

Justices — Marine stores — Licence as dealer — Application for — Discretion to refuse licence, how limited — Showing cause — Person interested — Marine Stores and Old Metals Act 1915 (No. 2689), ss. 28, 29 — Health Act 1919 (No. 3041), ss. 76, 77.

Will — Construction — Trust — Residue divided into shares for named children of testator — Shares settled on issue of such children — Death before testator of one named child leaving issue — Codicil — Deleting his name as beneficiary and his heirs and successors — Whether issue of such child excluded — Class gift — Beneficiaries to be identified by reference to uncertain events which might happen to all — Whether intestacy — Accretion to shares of other children.

Local government — Rating — Resolution adopting Rating on Unimproved Values Act — "Special order" — Procedure for passing special order — Notice of resolution — Variation between resolution as set out in notice and as actually carried and between resolutions at first and confirmatory meetings — Effect of variation — Rating on Unimproved Values Act 1915 (No. 2718), s. 5 (2) — Local Government Act 1915 (No. 2686), ss. 184, 186, 188.

Local government — Municipal councillor — Qualification for office — Person. "comvicted of felony" — Meaning of — Person elected as councillor who had previously been convicted of felony — Rule to oust — Local Government Act 1915 (No. 2686), s. 52, 9 Geo. IV., c. 32 (1828), s. 3.

Contract — Lease — Antecedent verbal agreement not embodied in lease — Collateral agreement not inconsistent with main contract — Costs — Defendant successful on only one of four issues on counterclaim — Rules of the Supreme Court 1916 — Order LXV., r. 2.

Licensing — Offence — Disposal of liquor — Prohibited hours — "Disposed of," whether gift included — Knowledge of licensee, materiality of — Licensing Act 1915 (No. 2683), ss. 165, 166, 170, 171, 177, 239.

Administration and probate — Probate — Execution of will — Printed form — Document partly printed and partly in testator's handwriting — Dispositive provisions ending in incomplete sentence followed by testimonium clause, testator's signature, and attestation clause on first page — Second page blank — Sentence completed on third page of double sheet, which also contained other dispositive provisions — Third page unsigned — What presumptions legitimate as to testamentary writing being on paper at time of signature — Whether will executed "at the foot or end thereof" — Wills Act 1915 (No. 2749), ss. 7, 8.

Land tax — Assessment — Beneficiaries under will of testator who died before 1st July 1910 — Entitled at end of fixed "annual period" to income of business carried on by trustees on land and contingently entitled to proceeds of sale thereof — Whether joint owners — Deductions — Whether allowable — Res judicata — Estoppel by judgment — Whether question in issue in prior proceedings — Land Tax Assessment Act 1910-1916 (No. 22 of 1910 — No. 33 of 1916), ss. 3, 33, 38 (7).

Friendly society — Contract — Contract made by trustees of lodge in purported pursuance of resolution of lodge — Summoned meeting, notice convening — Business not specifically stated in notice — "Any other business properly brought forward" — Estoppel — Plaintiff suing on contract himself a member of lodge — Warranty of authority.

Maintenance — Evidence — Illegitimate child — Corroboration — Evidence of opportunity alone insufficient — Independent evidence of intercourse, whether necessary — Evidence tending to support the primary evidence and to render its truth more probable — False denial by defendant — Effect — Marriage Act 1915 (No. 2691), ss. 83, 96, 106.

Administration and probate — Practice — Probate — Caveat — Discovery — Application in regard to particular documents — Supported by affidavit — Application subsequent to return of order nisi — Jurisdiction to order discovery — Extent of order — Evidence Act 1915 (No. 2647), s. 89 — Rules of the Supreme Court 1916, Chapter I. (Civil Proceedings), Order XXXI., rr. 12, 19A (3); Chapter III. (Probate), rr. 32, 35.

Admiralty — Prize — Enemy ship in Victorian port at outbreak of war — Order for detention in lieu of confiscation — Subsequent motion for condemnation of ship — Power of Court to vary order — Right of ship to benefit of Sixth Hague Convention — Reciprocal obligations created by Sixth Hague Convention — Effect of Armistice terms and terms of Peace Treaty on rights created under Sixth Hague Convention — Liability of ship to condemnation by reason of Armistice terms and terms of Peace Treaty — Sixth Hague Convention (18th October 1907) — Articles 1, 2, 6 — Proclamation of the 6th October 1914 — Prize Court Rules (1914) — Order XXXVIII., r.], Appendix A, Form 53, II. and IV. — Article 30 of Armistice terms, 11th November 1918 — Convention prolonging Armistice with Germany, 16th January 1919 — Versailles Treaty of Peace (10th January 1920), Articles 236, 244, Annex III., Articles 297 (b), 439, 440.

Police offences — Possession — Carcass "on the premises of any person" — Premises owned by defendant's wife and others — Premises occupied by defendant, his wife and family — Whether premises were premises of defendant — "Possession" defined — Police Offences Act 1915 (No. 2708), s. 44 (2).

Local government — Highway — Repair — Absolute duty — Nonfeasance — Misfeasance — Bridge over drain in road — Damage to bridge over drain caused by storm — Temporary repair of bridge — Motor cycle overturned through plank missing in bridge — Negligence — Municipality not guilty of negligence in repairing — Whether doctrine of res ipsa loquitur applies — Main road — Liability of council to maintain — Country Roads Act 1915 (No. 2635), s. 24 (1).

Criminal law — Homicide — Murder or manslaughter — Direction — Duty of Judge — Absence of direction that verdict of manslaughter was open — Evidence — Confessions, cautioning jury as to — New evidence on appeal, rules governing admission — Special leave to appeal — When granted — Crimes Act 1915 (No. 2637), s. 594.

Licensing — Licence — Public accommodation — "Six rooms ... together with a suitable complement of bedding and furniture" — Whether "six rooms" means six bedrooms — Licensing Act 1915 (No. 2683), ss. 28, 67, 71, 138, 139.

Vendor and purchaser — Sale of land — Title — Purchase money payable by instalments — Land subject to mortgage payable on demand — Whether purchaser has right to be protected against default by vendor.

Restraint of trade — Company — Co-operative association of producers — Article restricting member from disposing of produce otherwise than to the association or as the association might direct — No obligation on association to buy or to ask producer to supply produce for sale — Restriction for five years — Unreasonable restraint — Onus of proving reasonableness of restraint — Contract — Whether articles constitute contract between company and individual member — Scheme covering the whole of Victoria — Action of association disentitling it to injunction — Monopoly.

Contract — Specific performance — Part performance, what is — Acts affecting the possession, use, or tenure of land — Application, of doctrine of part performance to s. 229 of the Instruments Act — Sale of lease of hotel — Contract signed by agent — Agent not authorized in writing — Lease handed to purchaser's solicitor by defendant — Preparation of transfer of lease and licence — Costs incurred — Instruments Act 1915 (No. 2672), ss. 228, 229.

Evidence — Practice — Action pending in foreign tribunal — Commission for examination of witnesses — Who should take examination — Foreign Tribunals Evidence Act 1856 (19 & 20 Vict., c. 113), ss. 1, 2 — Rules of the Supreme Court 1916 — Order XXXVII., rr. 54, 55, 57A.

Contract — Breach — Negligence — Sheep consigned by rail to agent for sale by auction — Receipt for sheep from Railways Commissioners signed by agent — Failure of agent to inspect — Wrong sheep delivered to agent — Delay in notifying Railways Commissioners — Loss of sheep consigned — Delivery to agent by estoppel — Bailment — Failure to exercise reasonable care — Damages — Amount.

Costs — Libel — Trial with jury — Four separate libels — Four "counts" — Composite plea of justification and fair comment — Verdict for plaintiff on third count with one farthing damages and for defendants on other counts — Judgment for plaintiff on third count with costs, excepting costs of calling defendants' witnesses — Defendants to have costs of issues on which they succeeded — Plaintiff's general costs — Defendants deprived of costs of witnesses — Costs not solely attributable to issues on which defendants succeeded — No apportionment — Rules of Supreme Court 1916 — Order LXV., r. 2.

Criminal law — Conspiracy, what is — Practice — Joint presentment — Right of reply — One prisoner only calling evidence — Evidence applicable to all — Order of addresses — Evidence — Cross-examining witness as to written statements of third persons inconsistent with his evidence — Form of question — Crimes Act 1915 (No. 2789), s. 2.

Licensing — Offence — Traffic in liquor on licensed premises on Sunday — Gift of liquor — Whether gift included — Licensing Act 1915 (No. 2683), s. 178.

Police offences — Possession of property suspected of being stolen — Suspected property in shed in joint occupation of two defendants — Justices — Jurisdiction — Two informations — Both informations heard together — Duty of justices — Police Offences Act 1915 (No. 2708), s. 40.

Insolvency — Compulsory sequestration — Verification of petition by petitioner's affidavit — Execution levied by seizure not satisfied within four days — Petitioner's affidavit sworn within the four days, insufficiency of — Act of insolvency verified by bailiff's affidavit — Validity of order nisi — Non-compliance with rules — Rules of Supreme Court (Insolvency) 1916, r. 3.

Husband and wife — Maintenance — General Sessions — Appeal — Subsequent appeal after dismissal of former appeal — Jurisdiction to entertain — "At any time" — Meaning — Res judicata — Case stated by Chairman of General Sessions — Marriage Act 1915 (No. 2691), ss. 93, 143 — Justices Act 1915 (No. 2675), ss. 139, 147.

Stamps — Duty — Transfer on sale — Licensed premises, sale of freehold, etc. — Value of licence and goodwill — Whether dutiable — Stamps Act 1915 (No. 2728), s. 17; Third Schedule, VI. (B) (4).

Contract — Sale of goods — Letters — Offer and acceptance — Letter of acceptance referring to enclosed contract note — Variation between terms of offer and terms in contract note — Whether binding contract.

Police offences — Offensive behaviour — Behaving in an offensive manner near a public place in which divine service is being publicly held — Meaning of "divine service" — Police Offences Act 1915 (No. 2708), s. 27 (f).

Criminal law — Suspended sentence — Recognizance to be of good behaviour — Period for good behaviour fixed — Maximum and minimum periods that may be fixed — Crimes Act 1915 (No. 2637), s. 534.

Notice of action — Practice — County Court — Omission to serve notice of action one month before commencement of action — Duty of Court to give verdict or judgment for defendant with costs — Case not to be struck out — Melbourne and Metropolitan Tramways Act 1918 (No. 2995), 13th Schedule, Part B, s. 4 (1), (4).

Administration and probate — Administration — Estate duty — Property forming subject of gift inter vivos — Duty on — Liability of executor — Executor's right to recoup — Charge by Crown over property given — Subrogation of executor — Estate Duty Assessment Act 1914 (No. 22 of 1914), ss. 8 (1), 8 (4) (a), 34, 35 — Estate Duty Act 1914 (No. 25 of 1914), s. 3.

Divorce — Permanent alimony — Successful husband petitioner — Insanity of respondent — Power to order payment of gross or periodical sum — Husband not possessed of property — Marriage Act 1915 (No. 2691), ss. 142, 143.

Police offences — Licensing — "Unlawful game" — "Jack-pot" — Game of chance — Cards — Whether instrument of gaming — No offence disclosed by information — Jurisdiction to amend on return of order nisi — Licensing Act 1915 (No. 2683), s. 204 — Police Offences Act 1915 (No. 2708), s. 72 (7) — Justices Act 1915 (No. 2075), s. 155.

Partnership — Profits — Apportionment — Will — Construction — Income — Capital — Accounts — 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.

Forests — Protected forest — Felling timber in, without permit — Water frontage — Licensed under Part XXXIX. of Local Government Act 1915 — Effect — "Act relating to Crown lands" — Meaning — Statutes — Consolidating Act — Construction of — Forests Act 1915 (No. 2655), ss. 4, 30 — Local Government Act 1915 (No. 2686), s. 729 (g).

Contract — Partnership — Statute of Frauds — Duration of partnership until dissolved by mutual consent unless determined by notice — Meaning — Parol variations — Whether agreement not to be performed within one year from making thereof — Instruments Act 1915 (No. 2672), s. 228 — Partnership Act 1915 (No. 2704), ss. 23, 30 (1), 36 (c) — Rules of Supreme Court 1916 — Order XXV., rr. 2, 4.

Health Act — Patent medicine — Statement intended to promote sale of any article as a medicine — False statement as to effects which may follow use thereof — Publication of statement — Printed matter on wrapper sold with bottle — Document "gratuitously delivered to any person" — "Published," meaning of — Health Act 1919 (No. 3041), s. 217 (1), (2).

Justices — Petty Sessions — Jurisdiction — Civil debts recoverable summarily — Money due upon promissory notes and for goods sold — Claim less than 50l. — Contract exceeding 50l. — Justices Act 1915 (No. 2675), s. 64.

Local government — City of Melbourne — By-laws, power to make — Regulating traffic and processions — What constitutes a regulating — Whether regulating includes prohibiting — General prohibition of processions unless consent of council given — Whether ultra vires — Local Government Act 1915 (No. 2686), ss. 184, 185, 186, 188, 197 (22), 203, 204, 232 — Police Offences Act 1915 (No. 2708), s. 6 — Supreme Court Act 1915 (No. 2733), s. 203.

Will — Construction — Period of distribution — Gift to "my next of kin" — Date of ascertainment of next of kin — Gift to son upon attaining twenty-one — Gift to next of kin "except my two sisters" if son dies under twenty-one — Son dying under twenty-one — Who entitled as next of kin — Practice — Form of order on originating summons.

Bailment — Carrier — Negligence — Duty to take care — "All care taken, but no responsibility accepted" — Goods destroyed by fire — Onus of proof of want of care.

Game — Native game — Authority to kill — Whether exercisable by employ or agent of grantee — Whether assignable — Statutory right, necessity for personal exercise of — Game Act 1915 (No. 2658), ss. 3, 7, 31.

Contract — Sale of goods — Contract c.i.f. Melbourne — Terms net cash against documents — Obligations of buyer — Place of payment — Foreign seller — Exchange, whether payable by buyer.

Health — Offensive trade — Premises not registered with council — Poultry farm — Boiling down offal for feed — Process usually carried on in or in connection with works for boiling down offal — Health Act 1919 (No. 3041), ss. 4, 76, 78.

Shipping — Conversion — Detinue — Bailment — Possession of goods — Delivery from ship's tackles — Stacked on wharf by wharfinger — Ship's agent — Liability for loss of goods — Whether in possession prior to delivery to consignee — County Court — Procedure on appeal — Refusal of application for new trial, appeal from — Order of Full Court, form of — Whether judgment should be entered or new trial ordered — County Court Act 1915 (No. 2636), ss. 96, 133.

Banker and customer — Negligence — What constitutes — Cheques not negotiable, crossed generally — Banker receiving payment for a customer — Stolen cheques — Opening of account in fictitious name — Commonwealth Bills of Exchange Act 1909-1912, s. 88.

Practice — Trial by jury — Right to — Claim comprising both legal and equitable relief — Cause or matter within the cognizance of the Court in its equitable jurisdiction — Rules of the Supreme Court 1916 — Order XXXVI., r. 3.

Police offences — Common gaming house — Conduct of at time of entry by person charged — Entry under search warrant — Evidence — Police Offences Act 1915 (No. 2708), ss. 97 (a), 123 (c), 124, 125, 159.

Administration and probate — Administration — Emblements — Will — Growing crop at testator's death on land devised — Residuary gift — Share-farming agreement — Whether devisee or residuary beneficiaries entitled.

Horse breeding — Stallion — Duty of owner to apply for registration — Rejected stallion, whether necessary to apply to register in another year — Horse Breeding Act 1919 (No. 3040), ss. 3, 4, 19.

Shipping — Sea carriage of goods — Bill of lading — Perils of sea excepted — Meaning — Negligence not excepted — Storm — Negligent stowage by shipowner — Goods damaged — Co-operating causes — Liability of shipowner — Burden of proof.

Vendor and purchaser — Sale of freehold — Crown grant — Parcels limited in depth to fifty feet below surface — Whether valid title in vendor — Contract in writing — Statute of Frauds — Memorandum — Signature of party charged — Signed contract note referring to attached list of stock — Unsigned list agreed on and attached after signature — How far regarded as single document — Signature appropriated to document subsequently made — Land Act 1891 (No. 1246), s. 11 (1) — Instruments Act 1915 (No. 2672), s. 228.

Trusts — Trust fund, investment of — Testator domiciled in Victoria dying in England and leaving property in both countries — Victorian estate — Remitting to England for investment there — Jurisdiction of Court to sanction — Considerations affecting exercise of jurisdiction — Administration and Probate Act 1915 (No. 2611), s. 51.

Landlord and tenant — Notice determining tenancy, sufficiency of — Tenancy agreement — Subletting and assigning without landlord's consent, covenant against — Right reserved to determine tenancy — Breach of covenant — Notice determining tenancy — Parties to tenancy agreement incorrectly named — Effect — Particulars of breach not specified beyond indicating covenant — Whether a sufficient notice — Landlord and Tenant Act 1915 (No. 2677), ss. 92, 93 — Conveyancing Act 1915 (No. 2633), s. 21.

Divorce — Desertion — Persistent refusal by wife to permit sexual intercourse — Parties living in same house — Refusal by wife to perform household duties — Refusal to speak to or recognize or take meals with husband — Marriage Act 1915 (No. 2691), s. 122.

Company — Voluntary liquidation — List of contributories — Liability — Application for shares — "Conditional on 7500 shares being allotted" — Meaning — Condition not fulfilled — Applicant's name placed on register with his consent — Effect — Application to Court to have name removed from list of contributories — After company in liquidation — Whether applicant entitled to relief — Companies Act 1915 (No. 2631), ss. 31 (2), 132 (1), 133.

Admiralty — Practice — Procedure — Action in rem against ship for goods sold and moneys advanced on ship's credit — Default of appearance — Motion for judgment by default — Proof of claim, whether necessary — Leave to proceed ex parte — Appraisement and sale of ship ordered — Rules of Supreme Court 1916, Chapter IX. — Admiralty Rules, rr. 93 (b), 104, 129, 165 — English Rules of Court — Order XIII., r. 12A.

Settled land — Will — Trustees of will having future and contingent power of sale in default of appointment by life tenant — Costs of application for declaration that trustees are trustees of settlement — Costs of application for sanction of a particular sale — Settled Estates and Settled Lands Act 1915 (No. 2725), ss. 97, 98 (2).

Will — Construction — Trustees — Investment — Powers of — Power to invest in the purchase of real, leasehold, or heritable properly — Old buildings on trust estate — Whether trustees have power to demolish and rebuild — Settled Estates and Settled Lands Act 1915 (No. 2725), s. 92.

Shipping — Seaman — Incapacity due to accident — Seaman landed at home port — Term of service — Expiration of — Wages — Commonwealth Navigation Act 1912-1921, s. 132 — Commonwealth Seamen's Compensation Act 1911 (No. 13).

Shipping — Seaman — Incapacity due to accident — Seaman left ashore at port other than his home port — Wages — For what period payable — Commonwealth Navigation Act 1912-1921, s. 132 (1) (b) (No. 1 of 1921, s. 40).

Negligence — Accident at level crossing — Collision between train and vehicle — Railway crossing not provided with gates — Inadequate provision for warning travellers of existence of danger — Contributory negligence — Evidence — Effect where equally consistent with negligence by deceased or by defendants.

Instruments — Bill of sale — Notice of intention to file conditional bill of sale — Bill of sale over after-acquired property — After-acquired property not mentioned in notice — Omission liable to mislead or deceive — Invalidity of notice of intention to file — Invalidity of bill of sale — Instruments Act 1896 (No. 1423) — Instruments Act 1915 (No. 2672), ss. 127, 129, 130, Fifth Schedule.

Will — Distribution of residue — Age of child-bearing — Gift to grandchildren whenever born — Distribution on youngest grandchild attaining 21 — Daughter of testator past child-bearing — Next of kin entitled to income until distribution — Distribution on footing that class of grandchildren closed — Depriving living person of interest — Wills Act 1915 (No. 2749), s. 36.

Local government — By-law — Proof of, necessity for — Whether failure to prove curable on review — Defendant not allowed to give evidence — Cattle — Person in charge — Permitting to graze or wander — Meaning — Land not enclosed by substantial fence — Includes street or road.

Local government — Rates — Valuation of rateable property — Method of assessment — Five per cent. upon fair capital value of fee simple — Minimum valuation — Whether deductions should be made — "Annual value" — Meaning — Local Government Act 1915 (No. 2686), s. 252 (2).

Bills of exchange — Sum certain — Fixed date for principal sum — "With interest until arrival of payment in London to cover" — Unconditional order in writing to pay — "Documents against acceptance," whether a condition — Evidence of mercantile usage — Admissibility — Meaning of "determinable future time" — Commonwealth Bills of Exchange Act 1909-1912, ss. 8, 14 (1) — Instruments Act 1915 (No. 2672), ss. 4, 10, 92.

Notice of action — Practice — Melbourne Harbour Trust — Action against Commissioners — Claim limited to declarations of right and injunction — Whether notice of action necessary — Common Law actions, whether necessity for notice limited to — Thing done under Act — Melbourne Harbour Trust Act 1915 (No. 2697), ss. 45, 54.

Merchandise marks — Goods — False trade description — Label — Place or country in which goods were made — What constitutes indication as to — Inherent indication, whether necessary — State of knowledge in trade, how far material — Goods Act 1915 (No. 2663), ss. 86 (1), 87 (1) — Goods Act 1918 (No. 2983), s. 7.

Motor-car — Offence — Driving unregistered car — Dealer — General identification — mark — Trade purposes — Demonstrating a car to a purchaser or probable purchaser — Selling a car — Motor-Car Act 1915 (No. 2702), s. 4 (4) (b) (i.) (ii.)

Health — Nuisance — Emission of smoke — Whether notice to abate necessary — Health Act 1919 (No. 3041), s. 38.

Income tax (Federal) — War-time profits tax — Payment of war-time profits tax in respect of previous year's assessment — Deduction from taxable income in year of payment of war-time profits tax — Income Tax Assessment Act (Federal) 1915-1921, s. 18 (1) (b).

Practice — Service of writ — Foreign corporation — Not carrying on business within jurisdiction — Action against — Whether notice of writ can be served — Supreme Court Act 1915 (No. 2733), s. 143.

Injunction — Damages — Practice — Dissolution of interim injunction — Undertaking as to damages — Principle of assessment of damages.