Contract — Company — Written contract between syndicate and agents — Contract purporting to be for company before incorporation — Employment of selling agents — Conduct of company after incorporation — Adoption of contract by company — Novation — Statute of Frauds — Agreement not to be performed within one year — Memorandum — References in correspondence to written agreement before incorporation — Whether sufficient — Instruments Act 1915 (No. 2672), s. 228.

Administration and probate — Administration — Duties on deceased persons' estates — Interest of deceased in third person's estate — Subject to life annuity — Death of annuitant pending final assessment of value of interest — Valuation of interest, method of — Valuation of annuity — Whether fact of annuitant's death should form basis of assessment — Administration and Probate Act 1915 (No. 2611), ss. 122, 124.

Factories and shops — Minimum wage — Determination of Wages Board — "Person employed on time wages for less than the number of hours fixed for an ordinary week's work" — Loaded wages rate prescribed — Resumption of work by employee after illness — Payment at ordinary rate after four days for four days' work — No further cessation of work — Subsequent payment at ordinary rate for remainder of week's work — Whether broken time — Whether loaded wages rate payable — Factories and Shops Act 1922 (No. 3252), s. 18 — Factories and Shops Act 1915 (No. 2650), s. 141 (3) (a).

Local Government — City of Camberwell — By-laws, power to make — Regulating and restraining the erection and construction of buildings — By-law providing for minimum area of dwelling-houses in certain parts of municipality — Whether invalid — Local Government Act 1915 (No. 2686), s. 198 (1) (a), (3) (d) (v.), 232 — Local Government Act 1921 (No. 3167), sec. 10.

Justices — Complaint for work and labour done — Entire contract — Removal of building — Lump sum — Essential term not performed — Damage to plaster — No right to recover payment — Justices Act 1915 (No. 2675), s. 64.

Company — Co-operative fruit-growing — Agency for sale of members' fruit — Contract — Whether articles of association constitute a contract binding upon a member in his individual capacity of grower — Obligation to deliver 95 per cent. of fruit crop to company — Provision for termination by notice — Power in company to alter articles — Restraint of trade — Specific performance — Injunction — Right of company to specific performance of alleged contract and to injunction — Principles on which granted — Indefinite terms — Discretion in company to refuse to receive fruit — No injunction where contract for delivery of chattels on sale — Absence of negative stipulation — Effect on application for injunction — Objects of company — What constitutes — Companies Act (1915), No. 2361, s. 11 — Practice — Parties — Non-joinder of third person to whom fruit sold by grower.

Real estate agents — "Persons carrying on auctioneering businesses in partnership" — Whether necessary for unlicensed partner to take out licence as real estate agent when firm conducts business of real estate agents — One partner holding auctioneer's licence — Real Estate Agents Act 1922 (No. 3216), ss. 3 (3), 4, 5.

Defamation — Libel — Newspaper publishing criticism of pictures at private exhibition to which critic invited — Privilege — Pleas of justification and fair comment, when available — Abandonment at trial of plea of justification — Honesty necessary to support pleas of fair comment and privilege (qualified) — Real opinion of writer — Liability of newspaper proprietor for acts and state of mind of employee who writes criticism — Malice — Finding of by jury without reasonable evidence — Damages given by jury excessive — Finding against plea of fair comment — New trial generally — Practice — Pleading — Whether joinder of issue on plea denying malice sufficiently raises issue of express malice.

Landlord and tenant — Summary proceedings before Justices — Mortgagor and mortgagee — Mortgage under Transfer of Land Act — Whether mortgagee landlord — Notice of intention to apply to Justices — Date of determination of tenancy not shown — "Term . . . duly determined by a legal notice to quit or otherwise" — "Legal notice," meaning of — Landlord and Tenant Act 1915 (No. 2677), ss. 89, 92, Seventh and Eighth Schedules — Transfer of Land Act 1915 (No. 2740), s. 156.

Malicious prosecution — Innocence of plaintiff, whether necessary to be proved — Termination of criminal proceedings in plaintiff's favour, whether any or conclusive evidence — Nolle prosequi — Evidence — Res inter alios acta — Criminal proceedings instituted by defendant — Concocted story designed to bring about laying of information by police — Practice — New trial — Misdirection — Substantial miscarriage of justice.

Bakers and millers — Sale of bread — Deficiency in weight — "Vienna bread" sold as such — Bakers and Millers Act 1915 (No. 2617), ss. 3, 4, 8, 21.

Closer settlement — Lease by Closer Settlement Board — Person overholding after cancellation of lease — Demand for possession — Demand in name of Board by person authorized by Minister — Demand required in name of Minister — Issue of summons by Justice — Not necessary to separately review — Complaint — Jurisdiction of Court of Petty Sessions — Closer Settlement Act 1915 (No. 2629), s. 131.

Police Offences — Licensing — Gaming — Card Game — In any house, &c., wherein liquors or refreshments are sold or disposed of — Whether provision against permitting applies to permitting gaming upon licensed premises — Police Offences Act 1915 (No. 2708), s. 30 — Licensing Act 1915 (No. 2683), s. 204 (1).

Local Government — By-law, power to make — Invalidity — By-law purporting to prevent, subdivision of land — Minimum area of allotments prescribed — Matter contrary to any public law in force in Victoria — Statute of "Quia emptores" — Buildings, power of regulating and restraining erection of — Uncertainty — Power to prevent erection of buildings on allotments of less than certain size — Local Government Act 1915 (No. 2686), ss. 197, 198 (1) (a), 200 — Local Government Act 1924 (No. 3388) — Imperial Acts Application Act 1922 (No. 3270), s. 9., Division 22, 18 Edward I., cc. i., ii.

Negligence — Statutory authority — Exercise of powers by city council — Damage to authorized works of gas company by subsidence of drain — Reasonable precautions — No proof of negligence — No liability for damage caused by subsidence

Settled lands — Practice — Applications for appointment of trustees of settlement — Representation of beneficiaries on hearing of applications — Joinder as respondents of remaindermen, how far justified — Representative order, Court will not make — Appointment of same person as trustee of settlement in respect of separate settlements arising under same will — Whether separate applications necessary — Settled Estates and Settled Lands Act 1915 (No. 2725), s. 97.

Master and servant — Wrongful dismissal, action for — Manager of amusement hall — Refusal to attend at hall at specified times, although ordered to attend — Dismissal — Whether justified — Test — Whether conduct amounting to refusal to be bound by terms of contract and going to root of contract — Wilful disobedience of lawful order — Meaning — Deliberate design to derogate from duty, whether essential — Lawful order — Question of reasonableness left to jury — Misdirection.

Vermin and noxious weeds — Destruction — Offence — Who may prosecute — Authority of Superintendent — Authority of Minister — Inspector, whether he needs an authority from Minister — Expiration of authority on Minister ceasing to hold office — Vermin and Noxious Weeds Act 1922 (No. 3195), ss. 15, 43 (1).

County Court — Practice — Costs — Payment into Court — Counterclaim — Defence raising same matters as counterclaim — Amount recovered less than amount paid in — County Court Act 1915 (No. 2636), s. 62.

Divorce — Decree nisi — Intervention by Attorney-General — Leave to intervene obtained and appearance entered within time limited by decree nisi — No further step taken before expiration of time limited — Right to intervene — Whether Attorney-General out of time — When "matter in opposition pending" constituted — Suppression of material facts — Duty of Attorney-General to bring "matter material to due decision of case" before Full Court — Costs of Attorney-General on application under sec. 141 — Marriage Act 1915 (No. 2691), ss. 136, 140, 141. — Marriage Act 1923 (3282) sec. 11.

Motor car — Driving negligently — Unlicensed person bon fide learning to drive — Licensed driver sitting beside — Liability of licensed driver — for what purposes deemed to be driving — Motor Car Act 1915 (No. 2702), ss. 6 (1), 7, 10 (1).

Divorce — Practice — Mode of taking evidence — Petitioner resident out of jurisdiction — Petitioner's affidavits — Whether receivable as petitioner's evidence at trial — Application by summons — Respondent consenting — Order made subject to requirement of trial Judge as to attendance — Marriage Act 1915 (No. 2691), s. 164.

Will — Construction — Gift to take effect one year after Home Rule Government granted to Ireland — Government of Ireland Act 1920, 10 and 11 Geo. V., c. 67 — Grant of Home Rule Government within meaning of expression in will.

Costs — Originating summons — Questions concerning administration of real estate only — Costs of originating summons primarily payable out of real estate — Rules of Supreme Court — Order LV., r. 3.

Architects — Register of — Qualifications for registration — Architect and builder — "Person who has for one year . . . been engaged . . . in the practice of the profession of an architect" — Non-continuous practice — Decision of Board, whether final — Architects Registration Act 1922 (No. 3207) s. 7.

Transfer of land — Action by mortgagor in his own name — Cause of action for which mortgagee might sue — Trespass, removal of fence, blockage of drain — Prior consent of mortgagee not obtained — Necessity to plead want of mortgagee's consent — Adding mortgagee as a plaintiff by amendment at trial — Transfer of Land Act 1915 (No. 2740), s. 157; Rules of Supreme Court 1916, Order XIX., r. 15 — Pleading statutory defences — Review of authorities.

Police offences — Vagrancy — Suspected person loitering — Intent to commit felony — Evidence of intent — Information need not specify particular felony — Larceny by trick — Whether to be treated as felony if also constituting statutory offence of cheating by play — Case stated — "State the facts specially for determination of Supreme Court thereon" — Meaning — What question may be raised on hearing — Bon fide dispute honestly contested in lower Court as to inference of fact or question of law — Practice — Case should contain summarised statement of facts to enable determination of question so contested — Police Offences Act 1915 (No. 2708), ss. 72 (9) (b), 95 — Justices Act 1915 (No. 2675), s. 147 — Justices Act 1918 No. (2967), s. 10 — Statute Law Revision Act 1916 (No. 2875) Schedule.

Health — Offensive trade — Rendering down works — Butcher rendering down fat obtained from shop where small goods made — Butcher rendering down fat obtained from his other shops — Fat rendered used in small goods which butcher licensed to make — Offence — Health Act 1919 (No. 3041), ss. 76, 77, 2nd Schedule.

Landlord and tenant — Summary proceedings before Justices — Mortgagor and mortgagee — Mortgage under Transfer of Land Act — Whether mortgagee landlord — "Term. . . duly determined by a legal notice to quit or otherwise" — "Legal notice," meaning of — Landlord and Tenant Act 1915 (No. 2677), ss. 89, 92 — Transfer of Land Act 1915 (No. 2749), s. 156.

Husband and wife — Maintenance — Husband going to reside in another State — Maintenance order under Inter-State Destitute Persons Relief Act 1915, enforcement of — Procedure — Inter-State Destitute Persons Relief Act 1915, ss. 7, 22.

Husband and wife — Maintenance — Inter-State destitute persons — Jurisdiction of State Courts — Husband residing out of Victoria — "Temporarily or permanently" — "Residents of different States" — Exclusive jurisdiction of High Court — The Constitution, s. 75 — Inter-State Destitute Persons Relief Act 1915 (No. 2673), ss. 7, 12, 22 — Commonwealth Judiciary Act 1903-1920, s. 39.

Criminal law — Offence accompanied by great personal violence — Manslaughter by shooting — Shot assumed to have been fired by unknown accomplice — Power to order whipping — Crimes Act 1915 (No. 2637), s. 510 (2).

Contract — Warranty — Building contract, plans and specifications — Erection of bridge over river — Nature of soil, results of borings communicated to contractor before tendering — Whether nature of soil warranted as indicated by borings — Arbitration — Extra work and expense caused by nature of soil being different from that indicated by borings, claim for — Whether a dispute "concerning the meaning or intention of contract, or of specifications or conditions or other part thereof" — Whether a dispute in respect of "extras, deviations and alterations in, or from, or to, the works" — Arbitration Act 1915 (No. 2614), s. 19.

Administration and probate — Administration — Duties on deceased persons' estates — Interest of deceased in third person's estate — Subject to life annuity — Death of annuitant pending final assessment of value of interest — Valuation of interest, method of — Valuation of annuity — Whether fact of annuitant's subsequent death pending final assessment of value of deceased's interest relevant to assessment — Administration and Probate Act 1915 (No. 2611), ss. 122, 124, 128.

Licensing — Unlicensed premises — Occupier permitting liquor to be drunk thereon during prohibited hours — Dance-hall — Meals and refreshments sold during evenings for consumption on premises to persons suitably attired, and after payment of admission charge — Persons permitted to drink their own liquor on premises — Premises used primarily for dancing, not for selling meals or liquor refreshments — Whether meals and refreshments ordinarily sold — Whether sold to the public — Whether premises unlicensed — Licensing Act 1916 (No. 2855), s. 22 (2), (4).

Police offences — Disposing of property by means of game of mixed skill and chance — "Under any pretence, or by means of any device" — "Pretence" — "Device" — Meaning of — No cheating or fraud — Game of "Housey" — Police Offences Act 1915 (No. 2708), s. 88 (b).

Husband and wife — Maintenance — Wife "left without means of support" — "Means of support," meaning of — Husband's means, how far material — Separation deed — Marriage Act 1915 (No. 2691), ss. 83, 84, 87.

Criminal law — Evidence — Identification — Admissibility of evidence of similar offences — Rule as to — Larceny as bailee — Presentment on two charges — Charges heard together — Misdirection — Similarity of means adopted in committing offences — Combining evidence as to on one charge with that on other charge — Whether permissible — Failure to warn jury to confine attention to evidence relating to each separate charge — Substantial miscarriage of justice — New trial — Whether separate trials of separate charges — Crimes Act 1915 (No. 2637), ss. 593, 594.

Administration and probate — Administration — Will — Disappearance of legatee in testator's lifetime — Unmarried — No evidence of death — Lapse of over 40 years — Presumption of death unmarried in testator's lifetime — Facts raising presumption — Leave granted to distribute estate on that footing.

Master and servant — Contract — Wrongful dismissal — Appointment of managing director of company — Right to dismiss conferred on company on commission of act which, in opinion of third person, rendered it prejudicial to the company's interest that appointment should continue — Bon fide exercise of opinion — Dismissal without opportunity of being heard — Whether valid — Judicial or quasi-judicial determination prejudicially affecting another person — Not to be made without first hearing such person — In what cases rule applicable.

Vendor and purchaser — Title — Discretion of trustee — Conveyance part of title — Execution by two trustees and attorney under power of third trustee — Sale — Delegation of discretion by trustee — Invalidity of sale — Subsequent approval of sale by trustee — Ineffectual to validate sale — Trustee resident out of Victoria — Obligation to exercise discretion — Doubtful title — Purchaser not forced to accept title.

Administration and probate — Provision for maintenance of widow out of estate, application for — Time fixed by Act — Summons "taken out" after six months from date of probate — Court has no jurisdiction to amend — "Actus curi neminem gravabit" — Administration and Probate Act 1915 (No. 2611), ss. 109, 110, 117.

Melbourne and Metropolitan Tramways — Appeal Board — Appeal — Conditions of, what are — Appeal out of time — Punishment — Forfeiture of good conduct leave, whether punishment — Mandamus — Decision of Appeal Board, whether final — Determination, what is — Finding by Appeal Board of no jurisdiction, whether a determination — Melbourne and Metropolitan Tramways Act 1918 (No. 2995) ss. 17 (5) (a), (e); 122 — Regulations of the 16th March 1920, Nos. 4, 34, 36.

Principal and agent — Commission — Sale of land — Ready and willing purchaser — Parol contract — Memorandum in writing signed by purchaser — Memorandum addressed to agent — Vendor not described — Memorandum not containing all terms of contract — Statute of Frauds — Instruments Act 1915 (No. 2672), s. 228.

Contract — Life insurance policies — "House purchase" scheme — Ambiguity — Construction and interpretation of document — Evidence — Meaning attributed by parties to words, inadmissibility of parol evidence as to — Rescission of contract for misrepresentation — Claim as to representation by agent — Affirmation — Money paid for premiums, recovery of — Total failure of consideration — Vagueness or uncertainty — Independent promises given for one consideration — Severability of.

Copyright — Infringement — Broadcasting musical works — Subject of copyright — Broadcaster carrying on business for reward — Publishing programmes of items to be broadcast — Causing items to be sung in studio — Broadcasting items sung — Whether copyright infringed by broadcaster or by receivers — Liability for wrongful act done at command or request — Whether performance in public — Whether acoustic representation by means of broadcasting within terms of Copyright Act 1912 — Statutory construction — Construing provisions to cover subject matter not in existence at passing of Act — Commonwealth Copyright Act 1912 (No. 20 of 1912), Schedule, ss. 1 (2), 2 (1), 35 (1) — Commonwealth Wireless Telegraphy Act 1905-1919 (No. 8 of 1905, No. 4 of 1919), ss. 2, 4, 5, 10 — Wireless Telegraphy Regulations, Statutory Rules 1924, (No. 101): Part III., Div. I., clauses 45, 46, 50, 62, 67, 74; Div. II., Part VII., clause 136.

Landlord and tenant — Lease — Option to renew — "At a rental to be agreed upon by the lessor" — Illusory promise — Landlord fixing unreasonable rent which tenant would not accept — Tenant unable to compel landlord to renew at lower rental or at reasonable rental — Notice of exercise of option given to landlord by tenant — Payment of rent at former rate by tenant to agent of landlord — Rent payable by the month — Acceptance of rent by landlord — Tenant overholding — Tenancy from year to year created, unless presumption rebutted — Money paid — Money paid to be applied according to will of payer — Where money paid is admitted to be due as a sum certain person paying cannot attach conditions.

Criminal Law — Misdirection — Judge's charge considered with reference to conduct of defence — Minority of jury urged by Judge to seriously consider views of majority, whether misdirection — Accomplice, who is — Corroboration, when need for warning as to.

Land — Acquisition of Title — Transfer of Land Act — Boundaries — Frontage to navigable river — Reclamation of land by frontager below high-water mark — Certificate of Title subsequently issued shewing river as boundary — What land included.

Limitation of actions — Real Property Act 1915, Part II. — Whether applicable to Melbourne Harbour Trust — Longa possessio — Statutory vesting of land in public body — "Shall be deemed to have been vested and shall continue to be vested" — Consolidating Act — New title created — Crown Land — Alienation of by way of irrevocable licence or easement forbidden — Whether such alienation can be effected by estoppel — Equitable easement — Estoppel — Money expended on property of another with his knowledge.

Melbourne Harbour Trust — Power to grant licence to embank to frontagers on port — Non-observance of statutory provisions as to licences, effect of.

Waters — Navigable river — Riparian rights — Abandonment — Reclamation of bed of river in front of boundary by frontager — Right to exercise riparian rights over reclaimed land.

Public right of navigation — Obstruction to — Legality of licence to erect — Onus of proof.

Practice — Costs — Action in Supreme Court — Action in County Court raising same issues — Case struck out in part for want of jurisdiction — Costs awarded — Costs in County Court not paid when action commenced in Supreme Court — Action in Supreme Court stayed until costs in County Court action paid.

Practice — Appeal to Full Court — Appeal from single Judge — Security for costs of appeal — Want of means of appellant — Time for applying for security — Application to Full Court — Whether application can be made to Judge in chambers. — Rules of Supreme Court 1916, Order LVIII., r. 15.

Local Government — By-law — Vehicle prohibited from being between kerb and stationary tram car — Regulations made by Governor in Council under Motor Car Act 1915 — Power to make by-law including motor cars — Whether by-law inconsistent with regulations — Reasonableness of by-law — Order nisi to quash by-law — Validity of by-law — Local Government Act 1915 (No. 2686), ss. 197, 209, 232; Motor Car Act 1915 — (No. 2702), s. 15; Supreme Court Act 1915 (No. 2733), s. 203.

Will — Construction — Absolute gift — Subsequent provisions for settling subject-matter of gift on trusts — Failure of trusts — Destination of gift on death of legatee — Whether absolute gift cut down — Gift of residue to testator's children — Subsequent direction to pay income to daughters for life, then upon other trusts, with ultimate trust of corpus to daughters' children — Trustees empowered to execute settlements of daughters' shares — Death of daughter after attaining 21, and without having been married, and before settlement executed — Event not specifically provided for by will — Whether intestacy as to daughter's share.

Will — Construction — Unambiguous provision — Imperfectly expressing intention as drawn from whole will — Presumption against partial intestacy — Word assumed to be omitted — Gift to two legatees of "one-quarter each of the remaining half" of estate — Legatees held entitled to one-quarter each of estate "out" of remaining half thereof — Pecuniary legacy payable on attaining 25, but in meantime interest earned thereon otherwise disposed of — Whether present power or trust to appropriate.

Will — Construction — Devise of property equally between G. and children of A. and of J. — Division per capita, not per stirpes — Power of sale — Whether power of sale to be implied from words of division.

Company — Practice — Reduction of share capital — Confirmation — Minute to be filed and registered — Form of minute — Must set out or indicate serial numbers of shares — Companies Act 1915 (No. 2631), s. 58 (1), (3).

Factories and shops — Minimum wage — Determination of Wages Board — "Person employed on time wages for less than the number of hours fixed for an ordinary week's work" — Loaded wages rate prescribed — Resumption of work after illness by employee four days before end of factory week — Payment at ordinary wages rate after four days for four days' work — Continuance of work — Payment at ordinary wages rate at end of next factory week for work during such week, including work during remainder of week beginning with actual resumption — Whether broken time — Whether loaded wages rate payable for first four days' work — "Ordinary week's work" — Whether week means calendar week, contractual week, or week beginning with commencement of work — Factories and Shops Act 1915 (No. 2650), ss. 3, 141 (3) (a) — Factories and Shops Act 1922 (No. 3252), s. 18.

Criminal law — Obtaining by false pretences — Agent taking possession for principal — Whether agent "obtains" — Intent to defraud — Jury must be expressly directed as to — Unless intent necessarily involved in representation — Misdirection — New trial — Crimes Act 1915 (No. 2637), ss. 181 (a), 182, 593 (b).

Local government — By-law — City of Geelong, applicability of Local Government Act to — By-law of City of Geelong, whether validity challengeable before Justices — Hackney carriage — Stage Carriage — Plying for hire as omnibus; Carriages Act 1915 (No. 2624), ss. 4, 5, 6, 7 — Local Government Act 1915 (No. 2686), ss. 4, 197, 198, 203, 232.

Local Government — Regulation limiting speed of motor cars — Regulation made by Shire Council under provisions of by-law — Inconsistency of regulation with provisions of Motor Car Act 1915 — Invalidity of regulation — Order nisi to quash — Supreme Court Act 1915 (No. 2733), s. 203; Motor Car Act 1915 (No. 2702), s. 15.

Motor car — Offences — Conviction — Licence, power to make order suspending — Driving at a speed dangerous to the public — "Offence consisting solely of exceeding any limit of speed fixed" under Motor Car Act — Motor Car Act 1915 (No. 2702), ss. 8 (1) (a), 10 (1).

Practice — High Court — Appeal from Supreme Court of State — Policy, of insurance on motor car — Amount insured 350l. — Extent of damage not determined — Declaration of validity of policy — Whether appeal as of right — Judiciary Act 1903-1922 (No. 6 of 1903, No. 38 of 1920), s. 35 (1) (a), (2).

Insurance — Validity of policy — Non-disclosure by insured — Effect — Policy on motor car — Renewal of former policy applied for by vendor of car — Prior claim not disclosed in proposal — Untrue answers — Proposal signed by insured without reading and before completion — At instance of insurance agent — Proposal subsequently completed by agent — Information as to prior claims not required by insurer for former policy — Ignorance of insured as to necessity for — Validity of policy contested — Breach of warranty — Materiality of non-disclosure — Estoppel by representation — Basis of doctrine — Whether representation made within agent's authority — Medium powers — Ratification — Materiality, finding of jury as to — Whether conclusive — Jurisdiction to set aside.

Company — Memorandum — Alteration of objects — Insertion of power to carry on additional business — Confirmation by Court of alteration in modified form — Additional business to be carried on only during continuance of business previously carried on — Change of company's name to suit extended objects — Order of Court not to be effective until change made — Companies Act 1915 (No. 2631), ss. 16 (3), 17.

Practice — Final judgment — Leave to apply for final judgment at later time than within prescribed period — Form of application — Whether ex parte or by summons — Setting aside leave given ex parte — Costs of delay — Rules of Supreme Court 1916, Order XIV., rr. 1, 2.

Trusts — Will — Life tenant and remainderman — Station properties — Business of sheep-breeding and wool-growing carried on by testator — Business continued by trustees under discretionary power in will — System of accounting — Standard values — Clearing sale, sheep sold at — Prices realized higher than book values of sheep — Whether difference between realized prices and book values attributable to income or corpus — Prim-facie rule in relation to clearing sale — Intention of testator — Whether profits on sale include unascertained and undrawn income — Effect of adoption by trustees of a usual system of accounting.

Transfer of land — Sheriff's sale under writ of fi. fa. — Land sold held in trust by judgment debtor — Transfer by Sheriff to purchasers — Refusal by trustee to comply with Registrar's requisition to deliver up duplicate certificate of title — Trustee's lien acquired by purchasers — Effect — Whether order for delivery should be made — Transfer of Land Act 1915 (No. 2740), ss. 83, 84, 178.

Divorce — Cross-petitions for — Marriage — Nullity — Plea of — Celebration of marriage — No preliminary declaration by parties — Declaration essential — Practice — Consolidation of suits — Marriage Act 1915 (No. 2691), ss. 24, 25 — Rules of the Supreme Court 1916, Order XLIX., r. 8 — Divorce Rules, r. 126.

Bills of Exchange — Promissory note — Indorser compelled to pay — Indorser giving his own promissory note — Holder of original note accepting indorser's note in discharge — Right of indorsee to sue maker of original note for money paid — Bills of Exchange Act 1909-1912 (No. 27 of 1909, No. 24 of 1912) sec. 62 (a).

Divorce — Decree nisi — Intervention by Attorney-General — Leave to intervene obtained and appearance entered within time limited by decree nisi — No further step taken before expiration of time limited — Right to intervene — Whether Attorney-General out of time — Effect of obtaining leave to intervene — Effect of appearance — Showing cause, when commenced — Whether matter in opposition pending — Marriage Act 1915 (No. 2691), ss. 136, 140, 141 — Marriage Act 1923 (No. 3282), s. 11.

Divorce — Desertion — Cessation — Casual acts of sexual intercourse between spouses, effect of — Whether matrimonial relationship re-established — Marriage Act 1915 (No. 2691), ss. 122 (a), 160 (2).

Trusts — Will — Life tenant and remainderman — Station properties — Grazing business carried on by testator — Trust for sale and conversion — Business continued by trustees under discretionary power in will — System of accounting — Standard values — Clearing sales, sheep sold at — Prices realized higher than book values of sheep — Whether difference between realized prices and book values to be treated as accretion to value of capital assets or as income of business — Intention of testator — No specific directions in will for ascertainment of income — Measure of income payable to life tenants — Income distributable on basis of system of accounts usually adopted by prudent owner of business — Profit resulting from sale of sheep made for purpose of putting end to business — Not to be regarded as income of business.

Mortgage — Reversionary share or interest under will in proceeds of conversion of real estate — Statutes of Limitation — Mortgage in 1893 — No payment of principal or interest — No acknowledgment — Reversion falling in in 1924 — Action by mortgagee in 1925 — Claim for declaration that plaintiff entitled to share or interest — Right barred by sec. 47 of Real Property Act — Title not extinguished under s. 43 — Whether proceeds of conversion "land" under s. 16 — Future estate or interest — Mortgagee in effect a cestui que trust — Six years' arrears of interest — Mortgage subsisting — Redemption — Obligation of mortgagor to pay all arrears of interest on redeeming — Rate of interest fixed at 5 per cent. per annum — Real Property Act 1915 (No. 2719), ss. 16, 18, 19, 21, 43, 47, 49 — Supreme Court Act 1915 (No. 2733), Part VII., Div. 7.

Will — Construction — Bequest after death of tenant for life and on failure of his issue for "persons . . . then entitled to the same by virtue of the Statute of Distributions" — "Then entitled," meaning of — Time at which class to be. ascertained — Time of ascertainment of class is death of testator.

Guarantee — Husband and wife — Husband indebted and pressed for money — Knowledge of creditor — Husband required to give security — Security to take form of guarantee by wife — Wife's consent procured by husband's pressure and by material misrepresentation as to nature of her liability as guarantor — Consequent failure by wife to understand nature of document signed — Absence of reasonable grounds for creditor's belief that wife understood — Liability of wife on guarantee — Equitable relief, whether wife entitled to as against creditor — Plea of non est factum — Whether necessary to establish — Full explanation by creditor, how far necessary — Effect of absence of independent advice — Whether Court can impose conditions to giving relief — Practice — Effect of not counterclaiming for equitable relief.

Administration and probate — Will — Execution — Attestation — Will made by testatrix on printed form — Signed on first and third pages — Second page blank — Attestation only on first page, whether sufficient — Wills Act 1915 (No. 2749), s. 7.

Contract — Illegality — Money paid on an illegal consideration — Money paid to stifle prosecution — Action to recover money so paid — Action for money had and received — Illegal purpose — Violation of general law of public policy — Illegal purpose partly unperformed — Effect of coercion — Money paid not recoverable.

Chose in action — Equitable assignment — Specific fund, whether indicated — Surrounding facts — Order to pay assignee, "his receipt shall be a sufficient discharge" — Payment into Court — Trusts Act 1915 (No. 2741), s. 62.

Trusts — Trust created prior to Conveyancing Act 1912 — Executors of last surviving trustee — Whether capable of performing trust — Conveyancing Act 1912 (No. 2440), s. 7 — Trusts Act 1915 (No. 2741), s. 13.

Will — Construction — Contingent gift to M. — Contingency survival of testator's widow — Gift on failure to survive to "children or grandchildren" of M. — Whether substitutional throughout — Effect of twofold substitution — Whether gift vested or contingent — Whether to be taken per capita or per stirpes.

Garnishee — Sale of land — Attachment of debts — Balance of purchase money — Payment "within twelve months" — Vendor to sign transfer upon payment — Debt, whether any owing before transfer — Onus of proving debt owing — Justices Act 1915 (No. 2675), s. 126.