Vendor and purchaser — Restrictive covenants — Transferee, how far bound — Covenant, whether for benefit of land retained by vendor — Enhanced value of land — Covenants, benefit running with land at law.

Local Government — Streets — Kerbing, flagging, paving and asphalting footways — Footway in front of house asphalted by council — Footway previously paved but not previously asphalted by council — Liability of owner of house to bear half amount of expense of asphalting — Local Government Act 1915 (No. 2686), s. 540 (2).

Divorce — Adultery — Birth of child — Legitimacy — Evidence by husband of nonaccess — Admissibility — Birth of living child associated with birth of stillborn child — Death of living child before hearing — Maintenance order in operation during material period — Effect.

Will — Construction — Special power of appointment — Exercise, whether valid — Whether intention to exercise by will to be inferred — Testator's trustees to hold land "for such uses and upon such trusts" as donee might appoint — Omission of express power to determine shares — Whether donee might create trust for sale with power to postpone — Trust for sale in donee's own trustees — Effect — Whether donee might appoint proceeds of sale in unequal shares — Remoteness — Commencement of perpetuity period — Facts to be regarded as at date of exercise of power — Rule against perpetuities, whether infringed.

Company — Winding up by Court — Company unable to pay its debts — Creditor's petition — Creditor unable to get payment without winding-up order — Whether entitled to order ex debito justiti — Whether Court has discretion to make order — On what principles Court's discretion to be exercised — Offer by company to pay debt — Offer made after presentation of petition and at hearing — Effect — Whether creditor ceases to be entitled ex debito justiti — Wishes of creditors of same class, how far material — Surrounding circumstances, how far regarded — Companies Act 1915 (No. 2631), ss. 137, 138, 147.

Vendor and purchaser — Sale of land — Specific performance by vendor against purchaser — Judgment in default of appearance — Non-compliance with judgment by defendant — Application for order giving liberty to rescind and re-sell and to charge purchaser with any deficiency in accordance with terms of contract — Pleading — Fixing time for performance — Transfer of Land Act 1915 (No. 2740), Sched. XXV., Table A., cl. 6 — Rules of the Supreme Court 1916, Order XIII, r. 12; Order XXVII., r. 11.

Local Government — By-law — Hackney carriages — Omnibus, licensing of — Regulation of traffic — Carriages Act 1915 (No. 2624), ss. 3, 4, 5 — Local Government Act 1915 (No. 2686), s. 197 — Thirteenth Schedule — "Omnibus" — "Hackney carriage."

Police offences — Obstructing road — Ice-cream cart kept in water channel parallel with kerb substantially all day — "Obstructing," what constitutes — Order to review — Decision against evidence — Police Offences Act 1915 (No. 2708), s. 5 (14).

Local government — By-laws, power to make — Building by-law — Power to dispense with requirements of by-laws — Invalidity — Severability, test of — Uncertainty — Local Government Act 1915 (No. 2686), ss. 197, 198 (1) (a), 198 (3) (f), 232 — Local Government Act 1921 (No. 3167) s. 10 — Local Government Act 1924 (No. 3388) — Apparent mistake in by-law — Power of Court to correct.

Injunction — Principles on which granted — Trespass to land — Discharge of water on plaintiff's land — Proprietary right invaded — Intention of repeating wrongful act expressed — Negligible damage proved — Series of actions for nominal damages, necessity for bringing — Adequacy of remedy — Application to Victoria of Lord Cairns' Act (21 & 22 Vict., c. 27) and Rolt's Act (25 & 26 Vict., c. 42) — Whether damages in lieu of injunction.

Practice — Appeal to Full Court — Security for costs ordered — On default of security within 14 days appeal to stand dismissed — Order required to be settled by Chief Clerk and to lie in Prothonotary's office before being passed and entered — Draft order lodged with Prothonotary and security tendered before expiry of time — Refusal of Prothonotary to receive security before order entered — Security given on entry of order, but after expiry of time — Whether appeal competent — Rules of Supreme Court 1916 — Order LVIII., r. 15 — Order LXII., r. 14 (b).

Real property — Title by adverse possession — Lands of two owners partially enclosed within fences — Presumption of possession — Acts of possession — Material considerations — Character and value of land — Course of conduct of owner with regard to own interests — Equivocal acts — Intention — Crazing cattle an equivocal act — Acts inconsistent with owner's enjoyment of land — Acts indicating intention to procure benefit to doer — Vacant land of small area awaiting development of city — Effect of fencing — Non-payment of rates — Permitting public to have access — Whether actual possession proved against owner — Real Property Act 1915 (No. 2719), ss. 19, 43 — Transfer of Land Act 1915 (No. 2740), ss. 72, 87.

Factories and shops — Determination of Quarry Board — Quarrying, meaning of — Municipal employee making road and removing stone obstruction — "Employed in the process trade or business of quarrying" — Factories and Shops Act 1915 (No. 2650), ss. 3. 4, 134, 171.

Divorce — Insanity — Lunatic patient received into hospital for the insane — Continued detention in ward of hospital proclaimed under Mental Treatment Act — Whether detained in "hospital for the insane" within Divorce (Insanity) Act 1919 — Divorce (Insanity) Act 1919 (No. 3049), s. 3; Mental Treatment Act 1920 (No. 3062), s. 3; Lunacy Act 1915 (No. 2687), s. 3 — Practice — Question of law reserved for Full Court.

Principal and agent — Agent's commission — Authority to sell for a named sum "net" — Whether agent entitled to retain difference between the sum named and sum paid — Written authority authorizing agent to retain as commission any moneys exceeding named sum — Right of agent to retain excess above usual commission — Consideration to support promise to pay excess — Written authority signed by principal unable to read without glasses, and having none at time of signing — Misrepresentation as to nature of document — Absence of fraud — Plea of "non est factum" — Whether authority to agent to sell constitutes contract — Negligence — Estoppel.

Defamation — Libel — Fitness for office — Minister of State and Member of House of Representatives — Statement not reflecting on plaintiff's personal character, but tending to harm him in relation to his office — Whether capable of being considered defamatory — New trial — Misdirection — Jury directed that defamatory statement must injure plaintiff's character and reputation as a man — Whether "substantial wrong or miscarriage" — Onus — Rules of Supreme Court 1916 — Order XXXIX., r. 6.

Local Government — Streets — Kerbing, flagging, paving and asphalting footways — Footway in front of house asphalted by council — Footway previously paved, but not previously asphalted by council — Liability of owner of house to bear half amount of expense of asphalting — Local Government Act 1915 (No. 2686), s. 540 (2).

Melbourne Harbour Trust — Power of Commissioners to charge for use of berths at wharves — Basis of such charges — Regulation of Commissioners appropriating non-exclusive occupation as berth for vessel of part of a wharf — Validity of — Appropriation of berth to vessels of a particular owner — Power of Commissioners to set apart berths as "special berths" by resolution without making regulation.

Goods loaded in one part of Port of Melbourne and discharged at same or another part of same port — Whether "landed" and chargeable with wharfage rates — "Landed," meaning of — Goods landed at one part of Port of Melbourne and removed to another part of the same port — Whether chargeable for wharfage rates on the second landing — Maximum wharfage rate charged upon first landing — Whether further rate can be charged upon second landing within same port — "In any case," meaning of — Wharfage rates — Determination by regulation — Reservation to Commissioners to calculate at per ton weight or per ton by measurement — Validity of regulation — Rates "determined."

Constitutional law — Regulation of Commissioners providing one wharfage rate for goods arriving from any port in the Commonwealth and a lower rate for goods arriving from any place within Port Phillip Heads — Whether an interference with freedom of interstate trade — Validity of regulation.,

Melbourne Harbour Trust Act 1915 (No. 2697), ss. 46, 48, 79, 80, 110, 111, 112, 138, 140 — Australian Commonwealth Constitution, 63 & 64 Vict., c. 12, ss. 90 and 92.

Practice — Jury, application by defendant for — Time — Summons for final judgment pending — Summons returnable within ten days after appearance — Application for jury on return of summons — Extension of time — Rules of the Supreme Court 1916, O. II., r. 1; O. XIV., rr. 1, 8; O. XXX., rr. 4, 5; O. XXXVI., r. 6; O. LXIV., r. 7.

Workers' compensation — Computation of compensation — Worker employed only during three months in year — "Average weekly earnings during period of actual employment" — "Worker" — "Average weekly earnings" — Claimants, whether "wholly dependent" on earnings of deceased — Workers' Compensation Act 1915 (No. 2750), Schedule, cl. 1 (a) (i); 1 (a) (ii); 2 (a).

Insolvency — Certificate of discharge — Offence under sec. 235 of Insolvency Act — Unsatisfied judgment for breach of promise of marriage — Special reasons for refusal of certificate under sec. 232 of Act — Effect of lapse of time — Insolvency Act 1915 (No. 2671), ss. 232, 235.

Police offences — Stolen property, unexplained possession of — Money stolen — Possession of money of lesser amount and different denomination — Knowledge of informant when laying information — Identity of property — Suspicion — Not sufficient to suspect property in possession to be produce of property stolen — Suspicion must be reasonable — Police Offences Act 1915 (No. 2708), s. 40.

Evidence — Exercise of power to make regulations on recommendation of Pharmacy Board, proof of — Production in Court of "Gazette" containing notification of regulation — Not appearing to be made on recommendation of Board — "Gazette" to be evidence of acts of Governor in Council — "Omnia prsumuntur rite esse acta" — Whether prima facie proof of recommendation of Board constituted — Poisons Act 1920 (No. 3113), s. 10 (1) — Evidence Act 1915 (No. 2647), s. 57.

Divorce — Desertion — Just cause or excuse — Husband having means — Wife supporting husband out of her earnings — Husband residing in wife's house — Refusal to provide husband with food — Departure of husband — Wife's conduct not blameworthy as matter of law — Whether desertion — Marriage Act 1915 (No. 2691), s. 122 (a).

Motor car — Offence committed by driver of car and failing to stop — Duty of owner to give information within his power which may lead to identification and apprehension of driver "if required" — Whether condition precedent to owner's liability that driver must have committed an offence — Necessary to tell owner purpose of the inquiry — Motor Car Act 1915 (No. 2702) s. 10 (1) and (3).

Divorce — Husband petitioner — Ground of habitual drunkenness and neglect — Sexual intercourse after filing and service of petition — Whether an answer to suit — Marriage Act 1915 (No. 2691), s. 122 (b).

Vendor and purchaser — Agent — Contract — Sale of land — Conditional agreement — No binding contract — Deposit, right of purchaser to recover from agent.

Divorce — Affidavit of service — Proof of — Affidavit sworn in England before "a Commissioner for Oaths" — Sufficiency — The Commissioners for Oaths Act 1889 (52 & 53 Vict., c. 10), ss. 1 and 2 — Evidence Act 1915 (No. 2647), ss. 69, 116.

Vendor and purchaser — Vendor's guarantee — Agreement by vendor to find tenants at 3l.' per week — Vendor finding tenant on prescribed terms who is accepted by owner — Such promise not a guarantee of tenant's solvency, conduct or permanence — Money paid under mistake of law — Cannot be set off as defence.

Local government — By-laws, power to make — Regulating and restraining the erection and construction of buildings — Transportation or removal of buildings into municipal district — Prohibition of — Invalidity — Local Government Act 1915 (No. 2686), ss. 197, 198.

Local government — By-laws, power to make — Regulating and restraining the erection and construction of buildings — Minimum number of rooms of dwelling-house prescribed — Unreasonableness — Removal of buildings into municipality without permission prohibited — Invalidity — Local area of operation of by-law to be determined by resolution of council — Dispensing power in general terms reserved to council — Invalidity — Severability — Test of, applied — Costs when by-law quashed in part — Supreme Court Act 1915 (No. 2733), s. 203 — Local Government Act 1915 (No. 2686), ss. 198, 198 (3) (f), 232.

Divorce — Desertion — Discretionary bar — Bigamy and adultery of petitioner — After three years of desertion — Refusal of relief — Marriage Act 1915 (No. 2691), ss. 122 (a), 131 (1).

Lunacy — Lunatic patient — Insolvent condition of estate — Voluntary sequestration, petition for — Declaration of insolvency — Power of Master in Equity to file — Lunacy Act 1915 (No. 2687), ss. 183, 189 — Insolvency Act 1915 (No. 2671), ss. 46, 49 (4).

Will — Construction — Power coupled with a trust — Trustees empowered to distribute amongst testatrix's near relatives — Whether a power of selection — "Near relatives" — Meaning — What effect to be attributed to "near" — Whether persons related only by marriage included — Whether term confined to statutory next of kin — Trustees empowered to distribute amongst other persons than near relatives and/or charitable institutions or organizations — Uncertainty — How far void — Charitable gift — Trusts Act 1915 (No. 2741), s. 79 — Evidence — Declarations by testatrix — Inadmissible.

Estoppel — Res judicata — Divorce suit by husband — Desertion — Conclusions stated in reasons for judgment — Refusal of sexual intercourse by wife continuous and unjustifiable — Petition dismissed — Conclusions not fundamental to judgment — Subsequent appeal from maintenance order — Acceptance of wife's evidence that refusal of intercourse was on one occasion only — Whether estoppel created — Whether evidence admissible — Jurisdiction to decline to make order — How far it extends — Marriage Act 1915 (No. 2691), ss. 87, Justices' Act 1915 (No. 2675), s. 147.

Police offences — Property suspected of being stolen — Actual possession — Goods in locked trunks deposited with warehouseman — Goods of other persons stored in room with suspected goods — Other persons entitled to access to room — Goods not in actual possession of depositor — Police Offences Act 1915 (No. 2708), s. 40.

Justices — Husband and wife — Jurisdiction — Complaint by husband against wife for detention of goods — Detinue — Power of Justices to hear complaint — Justices Act 1915 (No. 2675), s. 64 (3) — Married Women's Property Act 1915 (No. 2692), ss. 4 (2), 15 (1).

Police offences — Stolen property, unexplained possession of — Suspected of being stolen — Meaning — Reasonableness of suspicion, whether element of offence — Reasonable grounds for suspicion — Proof of — How far necessary — Actual possession — Evidence of, whether sufficient — Police Offences Act 1915 (No. 2708), s. 40.

Will — Construction — Direction in wife's will to convey real estate to trustee of husband's will in exchange for personal estate worth 6500l. — Time within which trustee of husband's will may tender 6500l. and demand conveyance — Duty of wife's trustee to offer conveyance — No power of sale — Residuary disposition — Great increase in value of real estate — Time for distribution of residue not arrived — Demand after six years from wife's death — No perpetuity — Evidence of circumstances and of contents of husband's will made on same day, and known to testatrix — Admissibility.

Will — Construction — Direction in husband's will to accumulate rents and income until 6500l. is reached and then to transfer amount in exchange for wife's real estate — Direction to hold income from such property on trust for certain charities — Perpetuity — Gift to charity conditional — Effect.

Insurance — Fire — Reinstatement — Policy on buildings in joint names of mortgagor and mortgagee — Condition — Insurance to cease to attach if, without insurer's sanction, insured's interest in the property passed from insured — Contract of sale by mortgagor subject to mortgage — Buildings subsequently destroyed by fire — Reinstatement, claim by purchaser for — Legal title at date of in mortgagor — Personal covenant in mortgage — Premises remaining charged — Whether mortgagor still has insurable interest — If mortgagee's interest alone insured at date of fire, effect — Application of sec. 49 of Imperial Acts Application Act 1922 — Insuring a building — Meaning — Mortgagee's right to recover whole interest insured — Whether insurer compellable by purchaser to reinstate — Subrogation of insurer to mortgagee's rights — Imperial Acts Application Act 1922 (No. 3270), s. 49.

Health — Offensive trade — Trade carried on so as to be a nuisance or dangerous to health — Declaration in writing of ten ratepayers — Power of council to institute proceedings without certificate of medical officer of health or two medical practitioners as to nuisance or danger to health, and without direction from Health Commission — Offence — Nuisance — Health Act 1919 (No. 3041), s. 82.

Principal and agent — Agent's commission — Authority to sell for a named sum "net" — Whether agent entitled to retain difference between the sum named and sum paid — Written authority to agent to retain excess — Signature to document obtained from person unable to read without glasses by misrepresentation as to nature of contents — Non est factum.

Evidence — Civil action — Proof — Criminal offence — Forgery — Question of forgery arising in course of a civil trial — Issue of forgery not arising directly on pleadings — Sufficiency of proof on party setting up forgery — Rule as to sufficiency of proof in civil actions applicable — Not rule applicable in criminal trial that Court must be satisfied beyond reasonable doubt.

Practice — Writ for service out of jurisdiction — Substituted service ordered on defendant's attorneys under power in Victoria — Supreme Court Act 1922 (No. 3264) — Rules of Supreme Court 1916, Order X.

Company — Winding-up — Petition of judgment creditor — Prim facie right to winding-up established — Opposition by creditors representing a majority — "Just and equitable" — Whether wishes of opposing majority should prevail — Material considerations — Opposing creditors in control of company — Reasons assigned for opposition — Abstention by principal opposing creditors from expressing any view — Absence of advantage to be gained by petitioner — No assets — Inconclusive in itself — Onus of proof — Wishes of contributories as distinguished from wishes of creditors — Whether Court will regard — Companies Act 1915 (No. 2631), ss. 137 (5), (6), 138 (2), 143 (1), 147, 217 (2).

Company — Judgment — Order winding up company — Appeal from order dismissed by Full Court — Order dismissing appeal not perfected — Further appeal to High Court compromised — Matter remitted by High Court to Full Court — Order by consent of all parties made by Full Court allowing appeal and discharging winding-up order — Form of order.

Local government — By-law — "Contrary to public law" — Power to make by-law — Bees — By-law requiring owner of bees to prevent them leaving premises where hive situated — Bee range area licences — Nature of right conferred by — Whether by-law inconsistent — Nuisances, suppression of — Land Act 1915 (No. 2676), ss. 132-140 — Forests Act 1915 (No. 2655) s. 25 (a) (vi) — Local Government Act 1915 (No. 2686), ss. 197 (10), 200, 232.

Will — Execution — Attestation — Testatrix's name written by her in blank in printed attestation clause — Absence of witnesses — Subsequent acknowledgment as signature, no evidence as to — Testatrix's signature opposite attestation clause — Made after signatures of witnesses — Whether valid execution — Wills Act 1915 (No. 2749), s. 7.

Justices — Jurisdiction — Complaint by infant by his next friend — Money had and received — Jurisdiction of Court of Petty Sessions — Indebitatus counts — Implied contract — Express contract — Justices Act 1915 (No. 2675), s. 64(4).

Constitutional law — "Matter in which Commonwealth is a party" — Jurisdiction of Supreme Court, Federal jurisdiction — Decision of single Judge, whether "decision of Supreme Court of a State" within sec. 39(2) of Judiciary Act 1903-1920 — Whether sec. 39(2) of Judiciary Act is ultra vires — Extent of invalidity — Whether sec. 39(2) of Judiciary Act affected by Colonial Laws Validity Act and Orders in Council made thereunder — Repugnancy — Whether Full Court of State has jurisdiction to hear appeal from decision of single Judge of Supreme Court of State sitting as Court invested with Federal jurisdiction — The Constitution (63 & 64 Vict., c. 12), ss. 73, 75, 77(2) and (3) — Judiciary Act 1903-1920 (No. 6 of 1903, No. 38 of 1920), s. 39(1) and (2)(a) — Colonial Laws Validity Act (28 & 29 Vict., c. 63), s. 2 — Imperial Act (7 & 8 Vict., c. 69), s. 1.

Privy Council — Order in Council — Leave to appeal granted.

Constitutional law — Appeal to Privy Council — Appeal to Full Court — Whether appeal lies from judgment of Supreme Court exercising Federal "invested" jurisdiction — Power of Commonwealth Parliament to take away right of appeal given by Order in Council made under Imperial Act — Scope of Order in Council — Question as to limits inter se of the constitutional powers of the Commonwealth and those of a State — Removal of cause into High Court — The Constitution, ss. 51, 74, 77 — Judiciary Act 1903-1920, ss. 38a, 39, 40a, 41 — Supreme Court Act 1915 (No. 2733), ss. 30, 38, 232 — Order in Council (Imperial) [Victorian Statutes, 1915, vol. v., p. 4527] — Judicial Committee Act 1844 (7 & 8 Vict., c. 69), s. 1 — Colonial Laws Validity Act 1865 (28 & 29 Vict., c. 63), ss. 2, 5.

Tort — Joint tortfeasors — Contribution — Negligence — Collision — Combined negligence of defendant and third parties — No previous relationship between — Damages against defendant — Defendant liable by act of servant — Whether entitled to contribution — Rule in Merryweather v. Nixan — Whether applicable.

Settled land — Two trustees of will appointed by testator — Trustees of settlement — Appointment of trustee company as sole trustee of settlement — Settled Estates and Settled Lands Act 1915 (No. 2725) ss. 97, 105 (1), 111 (2).

Charities — Water supply — Supplied for public purposes without charge — Lost Dogs' Home — Whether charitable institution — "Charitable institutions" contrasted with "charitable purposes" — Melbourne and Metropolitan Board of Works Act 1915 (No. 2696), s. 94 — Local Government Act 1915 (No. 2686), s. 655.

Will — Construction — Testator dying before Real Property Act1918 — Remoteness — Contingent gift — Effect of maintenance clause on vesting — Effect of subsequent provisions on contingent gift — Perpetuity — Fixed sums given to class — Rights of members of class living at testator's death — Rule in Hancock v. Watson — Absolute gift in first instance — Alternative gifts in remainder — One void for remoteness — "Dying without issue" — Referential construction — Both gifts void.

Goods — Sale — Contract for specific goods — Acceptance by buyer — No right of sale in seller — Purported rescission by buyer — Subsequent acquisition of title by seller — Feeding the estoppel — Whether breach of implied condition as to title to be treated only as breach of warranty — Goods Act 1915 (No. 2663), ss. 16 (3), 17 (1).

Order to review — Evidence — Affidavit, leave to file — Verifying document used at hearing and making it evidence on return of order to review.

Conciliation and arbitration — "Strike," meaning of — Proof of offence — Cessation of work by employees — No evidence of combination — Employer and employees both bound by award — Commonwealth Conciliation and Arbitration Act, 1904-1921 (No. 13 of 1904, No. 29 of 1921), ss. 4, 6A — Sec. 6A. limited to dispute settled by the award.

Local Government — By-law — Validity — Residential area — Prohibition against trade, industry, manufacture, business or public amusement — Exception — "Except business of a class usually carried on in a shop" — Uncertainty — Local Government Act 1915 (No. 2686) sec. 197; Local Government Act 1921 (No. 3167) sec. 10; Local Government Act 1924 (No. 3388) sec. 2.

Injunction — Practice — Interlocutory injunction — Action to restrain erection of building in breach of by-law — Action by Attorney-General ex relatione — Relator — Undertaking as to damages by — Interlocutory injunction conditional upon giving undertaking — Effect of fiat given by Attorney-General.

Justices — Complaint — Default summons — Order made in absence of defendant — Setting aside order — Application to set aside — Defence on merits — Other grounds — Scope of sections — Justices Act 1915 (No. 2675), ss. 66, 99 (6) — Default Summonses Act 1915 (No. 2771), s. 2. (1) (d).

Evidence — Company — Proof of particular fact at trial by statement on oath of information and belief — Action part heard — Foreign corporation — Proof of incorporation by statement on oath of information and belief — Supreme Court Act 1915 (No. 2733), s. 25 — Supreme Court Rules 1916, Order XXX., rr. 7 and 8 (a).

Arbitration — Submission — Award — Findings of arbitrator — Findings unsupported by or against the weight of evidence — Acceptance without objection of evidence not upon oath — No ground for setting aside award — General reference of all matters arising out of contract — Interpretation of contract by arbitrator conclusive — Parol variation of submission in writing — Arbitration Act 1915 (No. 2614), s. 12 (2).

Income tax — Victorian — Assessment — Deductions — Losses and outgoings — Annual value of dwelling-house — Premises owned and occupied by taxpayer — Used in part for trade purposes — Whether proportion of annual value deductible outgoing — Income Tax Act 1915 (No. 2668), ss. 19 (1), 19 (2) (h) — Income Tax Acts Amendment Act 1923 (No. 3319), s. 8.

Costs, taxation of — Review — Counsel's fees — Discretion of Taxing Master — Subpnas duces tecum — Repeated issue of — Rules of Supreme Court 1916, Order LXV., r. 27 (29) (48), Appendix J., No. 7.

Settled land — Intestacy — Infants — Undivided share in land — Whether infants' shares are settled land — Whether infants "entitled in possession to land" — Rights of next of kin where estate in process of administration — Administratorial duties, completion of — Materiality — Concurrent interests under one settlement — Settled Estates and Settled Lands Act 1915 (No. 2725), ss. 50 (7), (11) (iii), 97, 126 (2), 127, 128.

Will — Evidence — Legatee, name of — Whether designation equivocal — Identification of object of gift — Extrinsic evidence of testator's intention — Gift void for uncertainty.

Barrister — Fees — Action for — Taxation — Whether power to refer to Taxing Master — Supreme Court Act 1915 (No. 2733), ss. 101-111 — Legal Profession Practice Act 1915 (No. 2681), s. 10.

Local government — By-law — Validity — Erection of buildings — Dwelling-houses — Shops — Prescribing minimum area — Proportion of allotment which may be built on — Power of council or authorized officer to dispense with observance of requirements of by-law — Validity of dispensing clause — Local Government Act 1915 (No. 2686), s. 198 (1) (a), (3) (d) (iii), (3) (f).

Lunacy — Lunatic patient — Master in Equity — Management of estate — Estate insolvent — Payment of debts — Priority of payment — Provision for patient's past and future maintenance — Payment of Crown debts in priority to debts due to subject — Payment of interest — Interest to be calculated up to date of payment of dividend — Guarantee of bank's customer by patient — Obligation on guarantor to pay interest — Customer of bank, a company in liquidation — Proof by bank in liquidation — Effect upon obligation of guarantor — Limitation of guarantor's liability — Dividends received from principal debtor — Effect on guarantor — Payments to be treated as in gross — Meaning — Guarantor undertaking not to prove in bankruptcy, insolvency or liquidation of company — Proof by Master in Equity in the liquidation — No violation of the contract of guarantee — Lunacy Act 1915 (No. 2687), ss. 131, 146, 179, 182, 189, 233, 251; Supreme Court Act 1915 (No. 2733), s. 16.

Will — Construction — Specific devises and bequest — General gift of balance of real and personal property "that being," etc. — Incomplete enumeration of items of personal estate — Whether general bequest cut down — Whether partial intestacy.

Police offences — "House of ill-fame and repute" — Woman using house for purpose of her own habitual prostitution with a number of different men — No other woman using house for such purpose — Whether woman so using house a party to its use as a "house of ill-fame and repute" — Police Offences Act 1915 (No. 2708), s. 81 (b).

Practice — Joinder of causes of action — Joinder of parties — Joinder of distinct and separate causes of action against the same defendants — Present rule — Striking out — Terms imposed — Supreme Court Rules 1916, Order XVI., rr. 4, 5; Order XVIII., rr. 1, 8, 9.

Divorce — Desertion — Termination of existing matrimonial relationship — Subsequent deed of separation — Disaffirmed by husband and wife — Further period of three years' continuous desertion — Effect of deed — When desertion commences — Marriage Act 1915 (No. 2691), s. 122 (a).

Transfer of land — Easement of carriage way — Appearing on certificate of title of dominant tenement — Abandonment, evidence as to — Conclusiveness of certificate of title — Transfer of Land Act 1915 (No. 2740), ss. 68, 69.

Local government — By-laws, power to make — "Suppressing nuisances" — Bees — By-law purporting to prevent keeping of bees from becoming a nuisance — Wrong description — Effect — Owner of bees required to prevent them leaving premises where hive situated — Whether by-law valid exercise of power to suppress nuisance — Suppression distinguished from prevention — Whether nuisance must be shown on face of by-law — Whether nuisance must exist when by-law made — Recurring "nuisance, evidence of — Sufficiency — Unreasonableness — Excess — "Contrary to public law" — Bee-range area licence — Whether by-law inconsistent — Local Government Act 1915 (No. 2686), ss. 197 (10), 200 — Land Act 1915 (No. 2676), ss. 132-140 — Forests Act 1915 (No. 2655), s. 25 (a) (vi).

Company — Winding-up — Contributory — Past member — Forfeiture of shares — Liability to contribute to assets — Present members holding fully-paid shares — Companies Act 1915 (No. 2631), s. 132.

Motor — Plying for hire — Motor omnibus not duly licensed — Liability of driver — Special agreement between passenger and owner — Motor Omnibus Act 1924 (No. 3378), ss. 2, 4, 13 — Motor Omnibus Act 1925 (No. 3439), s. 2.

Company — Qualification of managing director — Tenure for specified period or until he ceases to hold 5000 shares — Insolvency — Effect — Insolvent continuing registered in respect of 5000 shares — Whether insolvent or his assignee the holder of the shares — "Ceases to hold" — "Ceases to hold in his own right" — Distinction — Voluntary liquidation of company — Insolvent present when resolution passed — Concurrence — Whether employment dependent upon the carrying on of company's business — Insolvency Act 1915 (No. 2671), ss. 141 (3), 165, 166.

Local government — By-law, power to make — Ultra vires — Uncertainty — Unreasonableness — Building regulations — Materials of buildings — External walls — Land abutting on or within 15 feet of street — Description of such land — Requirement of kitchen, bathroom, and wash-house — Enclosed spaces at rear of buildings — Minimum areas of land on which dwelling-house, lock-up shop, or combined dwelling-house and shop may be built — Removal of wooden buildings — Power reserved to dispense with requirements of by-law — Severability — Local Government Act 1915 (No. 2686), ss. 197 (2); 198 (1) (a) and (b), and (3) (b and (c); Thirteenth Schedule, Part V.

Practice — Setting aside writ — Setting aside service of writ — Writ properly served under Service and Execution of Process Act — Action beyond jurisdiction of Supreme Court — Insufficient reason for setting aside writ and service — Service and Execution of Process Act 1901-1924 (No. 11 of 1901, No. 26 of 1924), ss. 4, 5, 11.

Company — Liquidation — Landlord and tenant — Insolvent company as tenant — Right of landlord to preferential payment of three months' rent where goods to that value are on premises.

Rates — Municipal rates — Covenant by tenant to pay — Claim by municipality upon landlord for rates due at date of liquidation — Payment by landlord No right of landlord to claim preferential payment of money so paid for rates.

Melbourne and Metropolitan Board of Works rates — Local rates — Preferential payment.

Companies Act 1915 (No. 2631), s. 207 — Insolvency Act 1915 (No. 2671), ss. 178, 188.

Administration and probate — Bond — Dispensing with sureties — Application for order — Consent of beneficiaries — Form of — Administration and Probate Act 1915 (No. 2611), s. 19.