Insurance — Fire — Reinstatement — Policy on buildings in joint names of mortgagor and mortgagees — 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 — Payment or reinstatement, claim by purchaser for — Policy not assigned — Application of sec. 49 of Imperial Acts Application Act 1922 — Request — Person "interested in or entitled to" insured property — Nature of statutory duty imposed on insurers — Remedy — Nature of mortgagee's insurance — Mortgagee's right to maintain value of security.

Administration and probate — Practice — Costs — Executors and trustees — Passing accounts — Commission — Costs of proceedings before Chief Clerk — Costs of future applications — Liberty, in absence of objection, to Chief Clerk to allow and certify to costs of passing accounts.

Local Government — By-law — Breach — Remedies — Injunction — Declaration of Right — Suit by Attorney-General — Interests arising from penal laws — Private interests — Public interests or advantages — Protection by Courts of Equity — Nature of interests so protected — Principles governing exercise of jurisdiction — Protection of public interests and advantages at suit of Attorney-General — When he may sue — Interests enjoyed as of common right by public at large — Jurisdiction to restrain commission of crimes or offences — Equitable interests created by restrictive covenants concerning land — Local Government Act 1915 (No. 2686) ss. 197, 198, 213 (1), 223, 229, 719, 720, 721; Local Government Act 1921 (No. 3167) s. 10; Local Government Act 1924 (No. 3388) s. 2.

Company — Practice — Memorandum — Alteration of objects of Company — Petition — Notices to persons whose interests may be affected — Dispensation — Companies Act 1915 (No. 2631) s. 17.

Stamps — Cheque — Post-dated cheque — Not payable within 21 days from date of delivery — Such cheque, a bill of exchange purporting to be payable on demand — Inadmissibility in evidence — Stamps Act 1915 (No. 2728), secs. 30, 48.

Guarantee — Statute of Frauds — Promise to answer for the debt, default or miscarriage of another — Suspension of liability of principal debtor as distinguished from an absolute promise to pay the amount of the principal indebtedness — Necessity for memorandum in writing — Instruments Act 1915 (No. 2672), ss. 228, 231.

Contract — Agreement to pay debt of another — Forbearance — Authority to agent to pay principal indebtedness out of proceeds of sale of land — Implied term that promisor would not do anything to prevent sale taking place — Countermand of authority — Breach of agreement — Agreement not an agreement to answer for the debt, default or miscarriage of another — Instruments Act 1915 (No. 2672), s. 228.

Justices — Order to Review — Practice — Affidavit in support — Statements on information and belief — Admissibility — Supreme Court Rules — Applicability — Justices Act 1915 (No. 2675), sec. 150 — Supreme Court Rules 1916 Order XXXVIII., rule 3.

Maintenance — Illegitimate child — Evidence — Corroboration — False denial by defendant of acquaintance with complainant — Marriage Act 1915 (No. 2691), ss. 83, 96.

Trust — New Trustees — Appointment of persons resident in New Zealand — Transfer of trust funds — Power of investment in will — Not extending to New Zealand — Beneficiaries in New Zealand.

Imprisonment of fraudulent debtors — Order for payment by Supreme Court in its equitable jurisdiction — Whether proceedings under Act appropriate for enforcement — Decree for rescission — Order for repayment of money paid by plaintiff under agreement — Order for costs — Whether "money recoverable under any judgment" — Imprisonment of Fraudulent Debtors Act 1915 (No. 2667), ss. 4, 5.

Income Tax — Federal — Assessment — Proceeds of sale of live stock — Sale of portion of station property — Partial discontinuance of pastoralist's business — Business continued on unsold portion of property — Special sale of live stock — Stock sold owing to reduction in area of property — Proceeds of sale of breeding stock — How far assessable income — Proceeds of sale of stock not sold in ordinary course of business — How far assessable income — Income Tax Assessment Act 1922-1925 (No. 37 of 1922; No. 51 of 1924; No. 28 of 1925), ss. 4, 16, 17 (1) and (4) (a).

Will — Construction — "Next of kin" — Time of ascertainment — Prim facie meaning — Whether displaced — Devise to testator's son for life — After son's death trust to sell and divide proceeds amongst testator's next of kin — Whether intention to exclude son — Whether son sole next of kin — Three gifts over to next of kin — Clauses construed separately.

Real property — Easement — Reservation — Grantor of land reserving easement — No mention of any dominant tenement — No indication of intention to make easement appurtenant to any land — Easement in gross — Parol evidence to identify parcel intended to be dominant tenement.

Administration and probate — Will — Execution — Signature by testator and two witnesses — No formal attestation clause — Presumption of due execution — Wills Act 1915 (No. 2749), s. 7.

Transfer of land — Power of attorney — Construction — Attorney authorized to lend money on mortgage, charge or lien of real estate — Second mortgage — Whether authorized by power — Whether instrument of mortgage entitled to be registered — Transfer of Land Act 1915 (No. 2740), s. 248, Twelfth Schedule.

Will — Construction — Administration — Residuary corpus to be divided into four shares — Specific devises at fixed valuation — Payment of debts — Intermediate income during first year — Adjustments — Amounts attributable to corpus and income respectively — Income derived from grazing business — Specific devises rented by executor from life tenants — Income of life tenant — Interest.

Lease — Tenant for life — Power of leasing — Power limited to leasing for seven years — Agreement by life tenant to grant lease of seven years annually — Covenant for surrenders and renewals — Lease granted pursuant to agreement — Death of life tenant — Whether lease a valid exercise of power — Whether binding on remaindermen — Power not fiduciary — Lease unregistered — Effect — Equitable term of years — Tenancy by estoppel — Transfer of Land Act 1915 (No. 2740), s. 72.

Motor — Plying for hire — Motor omnibus not duly licensed — Liability of owner permitting plying for hire — Motor Omnibus Act 1924 (No. 3378), ss. 4 (1), 13 (1).

Practice — Procedure — Originating summons — Service in another State of concurrent originating summons — Service and Execution of Process Act 1901-1924, ss. 3, 4, 27 — Supreme Court Act 1922 (No. 3264) — Rules of the Supreme Court 1916, Order VI., r. 2a.

Principal and agent — Agent purchasing from principal — Exchange of lands of principal and of agent — Fiduciary relationship — Duty of full disclosure and fair and open dealing — Breach of duty — Rescission of contract — Restoring parties to former position, difficulty of — Substantial restitution — Compensation — Deceit — Negligence — Damages.

Police offences — Common prostitute — "Importuning" — Meaning — Police Offences Act 1915 [No. 2708], s. 26.

Limitation of actions — Land — Title to — Whether extinguished by adverse possession — Statutory vesting of land — Real Property Act 1915, Part II — Whether applicable against Melbourne Harbour Trust Commissioners — Sec. 46 of Melbourne Harbour Trust Act 1915 — Whether vesting section — Whether new title conferred — Effect of sec. 33 of Acts Interpretation Act 1915 on consolidating Act.

Transfer of land — Boundaries — Frontage to navigable river — Reclamation of land — Certificate of title subsequently issued showing river as boundary — Whether land reclaimed included.

Melbourne Harbour Trust Act 1876 (No. 552), s. 47 — Melbourne Harbour Trust Act 1890 (No. 1119), s. 46 — Melbourne Harbour Trust Act 1912 (No. 2449), s. 4 (1) — Melbourne Harbour Trust Act 1915 (No. 2697), ss. 2, 11, 46 — Acts Interpretation Act 1915 (No. 2609), ss. 6 (2), 33 — Real Property Act 1915 (No. 2719), ss. 18, 43.

Administration and probate — Probate — Validity of will — Will drawn by legatee — Capacity of alleged testator — Volition — Knowledge of contents — Uncorroborated evidence of legatee — Onus of proof, whether discharged — Absence of persons having claims on testator's bounty — Effect.

Police offences — Lottery — Disposal of property by a game of mixed skill and chance — Money prize — "Diggers' bagatelle" — Police Offences Act 1915 (No. 2708), s. 88 (b).

Police offences — Vehicle — Use without consent of person in lawful possession — Whether consent of owner material — Sufficiency of information — Police Offences Act 1915 (No. 2708), s. 204.

Insolvency — Certificate of discharge — Offence under sec. 235 of Insolvency Act — Unsatisfied judgment for breach of promise of marriage — "Special reasons" for granting certificate when insolvent guilty of offence under sec. 235 — Circumstances of case not constituting "special reasons" — Insolvency Act 1915 (No. 2671), ss. 232, 235.

Insurance — Fire insurance — Premises damaged by fire — Insured requiring insurance money to be expended in reinstatement — Election to reinstate — Amount to be expended in reinstatement — Whether premises to be reinstated irrespective of amount of loss or damage — Conditions of policy — Interpretation — Imperial Acts Application Act 1922 (No. 3270), s. 49; Supreme Court Rules 1916, Or. LIV. (A).

Husband and wife — Desertion — Maintenance of wife — Order made in New South Wales — Husband obtaining decree nisi for dissolution of marriage in Victoria on ground of desertion covering period relied on to sustain maintenance order — Disobedience of maintenance order — Arrest of husband in Victoria — Warrant for arrest — Issued in New South Wales — Execution in Victoria — Discretion to discharge prisoner — "Unjust or oppressive" to enforce warrant — Service and Execution of Process Act 1901-1922 (No. 11 of 1901, No. 27 of 1922), s. 18 (4).

Police offences — Suspected person — Loitering with intent — Loitering on moving tram-car — Not on tram for any lawful purpose — Loitering for short space of time — "Loitering," meaning of — Police Offences Act 1915 (No. 2708), s. 72 (9).

Sale of goods — C.I.F. contract — Characteristics of considered — Contract for barley "Price: 5s. per bushel c.i.f. Melbourne — Weights: Melbourne Government Weighbridge weights — Payment: Net cash against delivery" — Contract for delivery of goods, not a c.i.f. contract.

Contract — Repudiation of — Anticipatory breach — Readiness and willingness of plaintiff to perform — Proof of, not necessary to sustain cause of action, but necessary to establish proof of damage — Nature of cause of action arising out of repudiation of contract before time for performance considered. Pleadings — Amendment at trial — Right of parties to amend at trial considered.

Transfer of Land — Application to bring land under Act — Evidence — Form of application subscribed before a Justice of the Peace — Justice of the Peace a clerk to applicant's solicitor — Effect upon application — Transfer of Land Act 1915 (No. 2740), ss. 18, 191, 248, and Second Schedule, Part I.

Justices — Attestations and declarations — Justice of the Peace the solicitor or clerk to the solicitor for signatory or declarant or himself interested — Effect upon exercise of his powers — Evidence Act 1915 (No. 2647), Part IV., Divs. 7 and 8, Part V. — Rules of Supreme Court 1916, Order XXXVIII., rr. 16, 17.

Income tax — Victorian — Assessment — Deductions — Losses and outgoings — Expenses actually incurred — Annual value of dwelling-house — Premises owned and occupied by taxpayer — Used in part for trade purposes — Whether proportion of annual value deductible — Effect of sec. 19 (21) (h) of Income Tax Act 1915 — Income Tax Act 1915 (No. 2668), ss. 11, 19 (1), 19 (2) (h) — Income Tax Acts Amendment Act 1923 (No. 3319), s. 8.

Licensing — Disposal of liquor from licensed premises — Disponer and disponee off premises at time of disposal — Whether disposal "from" premises — Licensing Act 1915 (No. 2683), s. 177.

Income tax — Federal — Assessment — Proceeds of sale of lice stock — Sale of portion of station property — Partial discontinuance of pastoralist's business — Business continued on unsold portion of property — Special sale of live stock — Stock sold owing to reduction in area of property — Proceeds of sale of breeding stock — Whether assessable to tax — Income Tax Assessment Act 1922-1925 (No. 37 of 1922; No. 51 of 1924; No. 28 of 1925), ss. 4, 16, 17 (1) and (4), 23.

Insurance — Fire insurance — Premises damaged by fire — Insured requiring insurance money to be expended in reinstatement — Subsequent election by insurer to reinstate — Whether reinstatement limited to amount of loss or damage — Conditions of policy — Interpretation — Imperial Acts Application Act 1922 (No. 3270), s. 49.

Practice — Procedure — Originating summons — Question of construction arising under instrument — Question possibly immaterial to the dispute between parties — Whether Court should answer — Rules of Supreme Court 1916, Order LIVA.

Practice — Procedure — Summons for final judgment — Leave to defend — Conditions imposed — Trial without jury ordered as condition to giving leave to defend — Rules of Supreme Court, Order XIV., r. 6.

Divorce — Intervention by Attorney-General — After decree nisi — Non-disclosure of material facts — Irregular appearance and answer by respondent on file — Petitioner unaware — Suit treated as undefended — Correspondence between Prothonotary and respondent not disclosed — Whether "material facts" not brought before Court — Marriage Act 1915 (No. 2691), s. 140 (1) (b).

Vendor and purchaser — Sale of land — Conditions of Table A. to apply — Time to be of essence — Failure by purchaser to pay, on due date, instalment of interest on balance of purchase money — No intention to repudiate — Purported absolute rescission by vendor and subsequent resale — Construction of clause 6 of Table A. — Whether right conferred to rescind apart from reselling — Whether vendor deprived by contract of common law right to rescind — Operation of clause making time of essence of contract — Right to damages — Measure of damages — Transfer of Land Act 1915 (No. 2740), Twenty-fifth Schedule, Table A., cl. 6.

Instruments — Statute of Frauds — Guarantee — Promise to answer for the debt, default or miscarriages of another — Several documents — Whether sufficiently connected — Connected by reference to some other transaction — Evidence identifying such transaction — Such transaction containing all the terms in writing — Sufficient memorandum — "Answer for," meaning of — Liability imposed on particular asset — Promise to take steps whereby debt of another would be answered out of specific property of promisor — Whether within Statute of Frauds — Instruments Act 1915 (No. 2672), s. 228.

Will — Construction — Words of futurity — "Shall predecease me" — Gift of residue to brothers and sisters and to children of those brothers and sisters who "shall predecease me" — Certain brothers and sisters dead at date of will — Whether their children entitled.

Local Government — Rating — Rating on unimproved values — Adoption of — Demand that proposal to adopt be submitted to poll — Whether demand duly made — Prescribed period for making demand — Demand on separate sheets, some delivered out of time — Validity — Onus of proof — Deposit of 20l. "together with" demand — Part deposited later — Validity of subsequent poll — Last day for making demand a Sunday — Extension of time — Rating on Unimproved Values Act 1922 (No. 3199), ss. 4, 6, 14 — Local Government Act 1915 (No. 2686), s. 6.

Company — Practice — Voluntary liquidation — Proof of debt lodged by creditor — Rejected by liquidator — Action commenced by creditor in respect of claim — Co-defendant — Common questions of fact to be tried — Application by company to stay action — Failure by creditor to apply to Court to reverse or vary liquidator's decision, effect of — Court's discretion to stay — How exercised — Companies Act 1915 (No. 2631), ss. 142, 194 — Companies Rules 1916, rr. 86-88.

Principal and agent — Contract of agency — Del credere agent — Promise to answer for the debt, default or miscarriages of another — Contract in writing — Sale of sheep — Guarantee by agent of payment of price by purchaser — Postponement by vendor of date of delivery — Failure of purchaser to pay price — Del credere agent not discharged by mere postponement of date of delivery — Instruments Act 1915 (No. 2672), s. 228.

Company — Mining company — No liability — Registration — Incorporation — Conditions precedent to registration — Five per cent. of subscribed capital not paid up prior to registration — Conclusive proof of registration — Companies Act 1915 (No. 2631), ss. 298, 299, 300, 302, 414, Schedules 5, 6, 10.

Motor car — Offence — Conviction — Suspension of licence — Person "disqualified for obtaining a licence" — Appeal — Right to appeal against conviction where licence suspended — Motor Car Act 1915 (No. 2702), s. 8 ss. (3) and (4).

Justices — Appeal to General Sessions — Case stated — Chairman of General Sessions holding that there was no right of appeal — Evidence heard at request of parties — Appeal dismissed on ground that appeal did not lie — Case stated — Whether appeal "heard and determined" — Case remitted to General Sessions to be heard and determined — Justices Act 1915 (No. 2675), s. 147.

Principal and agent — Money had and received — Estate agency carried on under a firm name — Person registered as firm under Partnership Act in fact not carrying on business — Person so registered licensed under Real Estate Agents Act, but person in fact carrying on business not so licensed — Estoppel — Person so registered and licensed not estopped from denying she was principal of person in fact carrying on business — Agency — Creation of — No evidence that person so registered and licensed was undisclosed principal of person in fact carrying on business.

Estoppel — Person explaining matter of evidence only — Explanation involving circumstances of wrongdoing on his part — Such explanation not prohibited by law.

Case stated — Contents of special case — Inferences of fact cannot be drawn — Function of Court for whose opinion case is stated — "Inference" from facts differs from "implication."

Husband and wife — Dissolution of marriage — Decree against wife — Order against husband to pay wife's costs — Failure to comply with order — Inability to pay — Attachment — Contempt of Court — Execution — Marriage Act 1915 (No. 2691), s. 172 — Imprisonment of Fraudulent Debtors Act 1915 (No. 2667), ss. 3, 4.

County Court — Jurisdiction — Prohibition — Joinder of causes of action — Husband and wife — Co-plaintiffs in action for negligence — Personal injuries to wife — Special damage and loss of consortium suffered by husband — Whether joinder permissible — Whether husband and wife may bring action in tort for injury to wife — County Court Act 1915 (No. 2636), s. 54 — Married Women's Property Act 1915 (No. 2692), ss. 4 (2), 19.

Criminal law — False pretences — Causation — Remoteness — Operation of fraud different from that intended — Athletic sports — Competitor in handicap — False statement as to name and performances — Subsequent declaration — Prize-money obtained — Whether representations too remote — Effect of failure to prove favourable handicap — Effect of contract intervening between fraud and obtaining — Crimes Act 1915 (No. 2637), ss. 181 (a), 478.

Trusts — Administration — Income and corpus — Shares in company — Dividends to be paid to life-tenants — Offer to purchase by another company the company's shares at specified price per share — Price including amounts which would ordinarily have been paid as dividends and bonus — Whether trustees could accept offer — Compensation to life-tenants for loss of income arising from non-payment of dividends and bonus — Apportionment of proceeds of sale.

Vendor and purchaser — Contract of sale — Sale of conditional purchase lease from Crown — Lease assignable only with consent of Closer Settlement Board — Implied condition subsequent as to consent — Time of essence — Duty to seek consent — Consent not obtained in time — Negotiations under contract continued — Time no longer of essence — Waiver — Consent subsequently obtained — Specific performance.

Police offences — Possession of property suspected of being stolen — Explanation by defendant — "Satisfactory account" — Court left in doubt whether defendant came by property dishonestly — Burden of proof — Police Offences Act 1915 (No. 2708), s. 40.

Practice — Procedure — Appeal to General Sessions — Appeal allowed — Conviction quashed — Facts stated for determination of Supreme Court — Case remitted to General Sessions — Justices Act 1915 (No. 2675), s. 147.

Contract — Interpretation — Crown lease — Resumption by Crown — Compensation — Clause reserving right to resume for any public purposes with compensation — Clause reserving right to resume after notice for railway purposes without compensation — "Generalia specialibus non derogant" — Rules for interpretation of contradictory instruments.

Police offences — Common gaming house — Persons having care or management — Offence — Proof that such house was entered under warrant — Condition precedent to conviction — Police Offences Act 1915 (No. 2708), ss. 124, 125.

Divorce — Practice — Procedure — Adultery of wife — Several co-respondents — No answer filed by wife or by one co-respondent — Answers by other co-respondents — Contested matters of fact in relation to charges of adultery — Questions for jury — Marriage Act 1915 (No. 2691), ss. 126 (3), 161.

Admiralty — Practice — Procedure — Action in rem by master and crew for wages — Ship under arrest — Master and seamen's maritime lien — Transferability — Volunteer prepared to advance money for sustenance of crew — Order allowing him lien on proceeds of sale of ship — Officer as deputy of Marshal.

Vendor and purchaser — Contract of sale — Interpretation — Provision for apportionment of Federal land tax paid by vendor in respect of land sold — Vendor owner of other lands — Rate of apportionable tax.

Solicitor — Unqualified person acting as a solicitor — Debt collector — Letter to debtor threatening to commence proceedings — Contempt — Imperial Acts Application Act 1923 (No. 3270), s. 87.

Land tax — Assessment — Taxable value — Unimproved value — Mode of ascertainment — Licensed premises — Effect of licence upon unimproved value — Land Tax Act 1915 (No. 2680), s. 3.

Infant — Action by, in County Court — Next friend — Appointment of — Suitability — Not a question for County Court Registrar — Refusal by County Court Registrar to accept undertaking on account of want of means of next friend — County Court Act 1915 (No. 2636), s. 60 — County Court Rules 1922, r. 107.

Practice — Procedure — Costs — Taxation — Action against two defendants — Notice by one defendant of intention to proceed under special scale in Appendix N. — Judgment for defendants — Plaintiff's bill of costs delivered by Melbourne solicitors to his Adelaide solicitors — Whether special scale applicable — Costs "between solicitor and client" — Party chargeable — Who entitled to procure taxation and review — Supreme Court Act 1915 (No. 2733), s. 101; Rules of Supreme Court 1916, Order LXV., rr. 27 (41), 29 (a).

Administration and probate — Probate duty — Assessment — Gift inter vivos — Value of property given — Value at death of donor assessable — Administration and Probate Act 1915 (No. 2611), s. 143 — Administration and Probate Act 1921 (No. 3154), s. 2.

Arbitration — Award — Construction of contract submitted to arbitrator — Question of law for his determination — Integral part of matter submitted — Finality of award — Motion to set aside award — Form of award — Reasons attached — No special case.

Practice — Indorsement on writ — To stand as statement of claim — Default of appearance and defence — Motion for judgment — Unnecessary to file further statement of claim — Rules of Supreme Court 1916, Order XIII., r. 12; Order XVIII.A., rr. 1, 7, 8; Order XXVII., r. 11.

Administration and prolate — Administration — Curator — Rule to administer — Subsequent purported grant of letters of administration by Registrar — Caveat by Curator before issue — Jurisdiction of Registrar to grant letters of administration — How far limited — Administration and Probate Act 1915 (No. 2611), ss. 6, 65, 68, 98, 99.

Practice — Order nisi — By applicant for administration to remove caveat — Form of order — Counsel appearing to move and to show cause — Order of addresses.

Company — Memorandum of association — Alteration of objects — Extension to new business — Whether business may conveniently and advantageously be combined with existing business — Court will decide — Connection of new business with existing business necessary — Companies Act 1915 (No. 2631), s. 17 (1) (d), (2).

Stamp duty — Sale of real property, transfer on — Partnership land — Death of partner — Sale pursuant to articles of interest in assets to surviving partners — Transfer of land — Transfer of undivided share — Whether on sale — Whether on sale of land — Partnership deed, admissibility as evidence — Dutiable value of consideration — Stamps Act 1915 (No. 2728), s. 62, Third Schedule, Part VI. (B) (4) — Partnership Act 1915 (No. 2704), ss. 24-27.

Criminal law — Special jury — Application for — Three previous disagreements — Disagreements caused by difficulty in weighing credibility of witnesses — Whether special grounds shown — Juries Act 1915 (No. 2674), s. 41.

Practice — Interrogatories — Setting aside — Interrogatories unreasonably exhibited and prolix and unnecessary — Some not objectionable — All set aside — Action for negligence — Facts previously investigated in other legal proceedings — Rules of the Supreme Court 1916, Order XXXI., r. 7.

Income tax — State — Assessment — Deductions — Money wholly and exclusively expended for the purposes of trade — Payments of annuity charged on land used in trade — Income Tax Act 1915 (No. 2668), s. 19 (2) (g).

Prohibition — Writ of — Principles governing issue.

County Court — Jurisdiction — Procedure — Joinder of causes of action — Husband and wife — Co-plaintiffs in action for negligence — Personal injuries to wife — Special damage and loss of consortium suffered by husband — Effect of joinder upon jurisdiction — County Court Act 1915 (No. 2636), ss. 48, 54.

Geelong Harbor Trust — Power of Commissioners to resume possession of land the subject of a lease — Land that is subject to such power — Geelong Harbor Trust Act 1915 (No. 2660), ss. 22, 27, 29-33.

Vendor and purchaser — Sale of land — Conditions of Table A. to apply — Time of the essence — Failure of purchaser to pay on due date instalment of interest — No intention to repudiate — Absolute rescission by vendor — Subsequent resale — Operation of time condition — Right to rescind, effect of contract upon — Construction and effect of clause 6 of Table A. — Effect of rescission — Restitutio ad integrum — Right to retain deposit — Relief against forfeiture of purchase moneys — Chattels accepted as part payment — Inability to restore chattels — Money compensation — Transfer of Land Act 1915 (No. 2740), Twenty-fifth Schedule, Table A., cl. 6.

Medical Act — Unregistered person — Pretend to be a doctor — Use of medical or surgical name or title — "Doctor of osteopathy" — Practice of osteopathy — Medical Act 1915 (No. 2695), s. 17.

Principal and agent — Solicitor and client — Relationship of influence or confidence — Agent for sale of land procuring sale to himself — Sale procured through vendor's solicitor — Duty towards vendor — Of agent — Of solicitor — Obligations to disclose information and give advice — Failure of duty — Effect upon transaction.

Practice and procedure — Appeal — Appeal to Full Court from Judge without jury — Questions of fact — Duty of Court of Appeal — Consideration of evidence.

Assignment — Validity — Priority — Written authority to pay — Consideration given — Fund not in existence — Whether valid equitable assignment — Assignment under seal — Whether invalid as equitable assignment, if given without consideration and if no fund then in existence — Written order to pay — Where no consideration given, effect of fund being then in existence.

Stamps — Assignment — Notice of assignment — Admissibility in evidence — When must be stamped.

Administration and probate — Practice — Scandalous or defamatory words — Omission from probate.

Administration and probate — Failure of executrix to prove or to renounce probate — Only assets land alienated by testator by assignment impeachable under 13 Eliz., c. 5 — Grant of administration c.t.a. to creditor — Creditor a corporation — Grant to syndic — Syndic an officer of creditor — Administration and Probate Act 1915 (No. 2611), s. 32.

Justices — Larceny — Property of value of less than two pounds — Jurisdiction of Court of Petty Sessions — Consent of accused to trial by Court of Petty Sessions — Obligation to ask accused if he consents — Consent a condition precedent — Crimes Act 1915 (No. 2637), ss. 72, 73.

Income tax — State — Assessment — Deductions — Money wholly and exclusively expended for the purposes of trade — Payments of annuity charged on land used in trade — Income Tax Act 1915 (No. 2668), s. 19 (2) (g).

Shipping — Sea Carriage of goods — Bills of lading — Delivery of goods — Duty of shipowner — Cargo to be delivered within reach of vessel's tackles — Cargo lowered in trays on to wharf by ship's tackles — Duty to deliver from trays.

Local government — Streets, lanes, etc., making at cost of owners — Defect in notice to owner — Time after service of notice for consideration of specifications, etc., less than that prescribed — Effect — Objection by owner to scheme at meeting at which adopted, though on another ground — Whether owner estopped from objecting to defect in notice — Local Government Act 1915 (No. 2686), ss. 529 (b), 532.

Will — Construction — Rule in Shelley's case — Gift of land to R. for life, "then to be handed down to her descendants" — Whether rule applies — Devise with direction to pay specified sums to other persons — Whether devise subject to a trust — Real Property Act 1915 (No. 2719), s. 62.

Criminal law — Larceny by a trick — False pretences — Distinction — Accused falsely representing that he was proprietor of circus — Pretended engagement of informant to act as advance agent — Payment by informant of sum of money to accused as security to carry out employment — Informant not intending to part with property in money — Finding of jury — Conviction of larceny by a trick.

Appeal — Disallowance — Sentence — Application that time already served be deemed part of sentence — Arguable case — One of the circumstances only to be considered by Court — Practice — Refusal of application. Crimes Act (1915), No. 2637, s. 605 (3).

Costs — Taxation — Review of — Caveat proceedings on disputed will — Two counsel briefed on hearing of order nisi — Non-attendance of senior counsel — No fee paid — Order for party and party costs — Preparing senior counsel's brief and attending with brief — Whether costs of properly included in bill of costs — Supreme Court Rules 1916, Order LXV., r. 27 (41).

Justices — Jurisdiction — Limitation of — Complaint for civil debt — Complaint made and summons issued more than six years after matter of complaint arose — But upon complaint for same cause of action formerly made within statutory period, a summons had been issued but allowed to lapse — Amendment of summons to refer to complaint first made — Whether Court had jurisdiction — Acknowledgment of debt — Whether promise to pay implied — Applicability of doctrine as to — Justices Act 1915 (No. 2675), s. 210.

Licensing — Landlord and tenant — Apportionment of licence fee between occupier and owner — Lease providing for rent at specified rate, or at lesser rate if lessee also paid outgoings "assessed or imposed upon the premises" — Whether proportion of licence-fees paid recoverable by lessee — Licensing Act 1916 (No. 2855), s. 12 (a).

Administration and probate — Practice — Foreign will — Sealing exemplification — Power of attorney — Terms of — Whether sufficient authority — Administration and Probate Act 1915 (No. 2611), ss. 51, 54, 55.