Local government — Council — Proceedings — Power of mayor at meetings — Rulings of mayor — Finality — Bona fides — Mandamus — Local Government Act Amendment Act 1883 (No. 1055), ss. 3 and 7 — Local Government Act 1915 (No. 2686), Thirteenth Schedule, Part XI.

Divorce — Affidavit in support of petition — Non-disclosure of material facts in affidavit — Whether a bar to suit — Cross-examination of petitioner as to adultery — Marriage Act 1923 (No. 3282), s. 8.

Geelong Harbour Trust — Power of Commissioners to resume possession of land the subject of a lease — Land subject to such power — Geelong Harbour Trust Act, 1915 [No. 2660], ss. 22, 27, 29-33.

Statute — Construction.

Attachment — Writ of — Practice — Execution in Victoria of writ issued in New South Wales — Writ obtained ex parte — Notice to respondent necessary in Victoria — Discretion to grant leave to execute — Oppressiveness — Leave refused — Service and Execution of Process Act 1901-1924 (No. 11 of 1901, No. 26 of 1924), s. 19 (1) — Rules of Supreme Court 1916, Order XLIV., r. 2.

Instruments — Bill of sale — Hire-purchase agreement — Licence to take possession of personal chattel as security for a debt — Security for money advanced to nominal hirer — Inquiry into real transaction — Instrument not registered as bill of sale — Invalidity — Instruments Act 1915 (No. 2672), s. 127.

Police regulation — Superannuation — Pension — Basis for computation — Allowance as licensing inspector — Whether included in — "Pay received" — Meaning — Police Regulation Act 1915 (No. 2709), ss. 13, 22, 29 — Licensing Act 1915 (No. 2683), ss. 80, 81, 312, 313.

Insolvency — Action — Common law action instituted by insolvent prior to insolvency — Trespass — Election of assignee to abandon — Whether action should be dismissed or stayed — Insolvency Act 1915 (No. 2671), s. 176.

Execution — Distress warrant — Intermeddling by judgment creditor in execution — Information given to police that certain property was at a particular place — Instructions to ask bailees of property to point it out — Property seized belonging to plaintiff and not to judgment debtor — Judgment creditor liable for conversion.

Estoppel — Agents and bailees for reward for particular purpose — Failure to communicate adverse claim to principal — Goods seized in execution — Principal in fact ignorant of seizure — Principal not estopped from asserting ownership.

Health — Sale of food — Prosecution — Summons not returnable "in less than fourteen days" — Fourteen clear days required — Health Act 1919 (No. 3041), s. 262 (d).

Negligence — Verandah collapsing on footpath — Injury to person on footpath — Negligent construction and use — Onus of proof on plaintiff — Degree of — Defendant's permission to use verandah as stand to view procession — Persons other than defendant's guests and licensees jumping on to verandah from neighbouring verandah and contributing to collapse — Liability of defendant for whole amount of damage — Liability of defendant for acts of independent contractor in constructing part of building overhanging street.

Will — Interpretation — Gift of "the real property" — Whether personal property included — Testatrix at no time having any real property — No context in will affecting primary meaning of words — Insensibility in that meaning in circumstances at date of will — Admissibility of evidence to show words used in another meaning.

Transfer of land — Instrument of transfer — Consideration expressed to be money lent to be repaid within two years with interest — Registration refused — Transfer of Land Act 1915 (No. 2740), s. 55.

Will — Interpretation — "Issue" — Gift to children of A. who attain 21 — Gift over on death of A. without leaving issue surviving — "Issue" not restricted to children who should attain 21.

Divorce — Adultery — Petitioner guilty of adultery — Discretionary bar — Exercise of discretion — Unfettered discretion — Non-disclosure by petitioner of his own adultery — Insufficient ground for refusing decree nisi — But non-disclosure is material — Marriage Act 1915 (No. 2691), s. 131 — Marriage Act 1923 (No. 3282), s. 8 — Divorce Rules 1916, r. 3 (11).

Health — Public building — Proprietor — Opening public building without approval of Commission of Public Health — Club premises used for dances to which only members and their guests admitted — Charge for admission — Person having management and control — Paid secretary — Health Act 1919 (No. 3041), ss. 4, 163, 167.

Service and Execution of process — Writ of attachment — Issued in New South Wales — Application for leave to execute in State other than New South Wales made to Justice of High Court — Former application for leave to execute writ in Victoria made to and refused by Supreme Court of Victoria — Consequent refusal of High Court to give leave to execute writ — Service and Execution of Process Act 1901-1924 (No. 11 of 1901, No. 26 of 1924), s. 19 (1) (a).

Police offences — Lottery — By means of a device disposing of property by a game of skill — Money prize — "Diggers' bagatelle" — Police Offences Act 1915 (No. 2708), s. 88 (b).

Police offences — Betting houses and places — Owner or occupier permitting house or place to be used by another for purpose of betting — User — Bookmaker carrying on business in bar of hotel — Police Offences Act 1915 (No. 2708), s. 98.

Insurance — Fire — Reinstatement of buildings destroyed — Request for by person interested — Delay in reinstatement — Loss of rent and profits — Damages — Imperial Acts Application Act 1922 (No. 3270), s. 49.

Lien — Particular lien for work done — Repair of chattel at request of hirer in possession under hire-purchase agreement — Agreement determined — Owner claiming delivery of chattel from workman.

Moratorium — Postponement of Payments Act 1927 — Benefit of Act — Persons entitled to — Mortgagors, obligors — Onus of proof — Postponement of Payments Act 1927 (No. 3571), ss. 2, 3 (a), 4 and 13.

Administration and Probate — Will — Execution — Position of signature — Signature indorsed on document — Whether at or opposite to end — Intention to give effect by signature to writing as will — Wills Act 1915 (No. 2749), ss. 7, 8.

Wrongs Act — Fire — Fire brought on to defendant's land — Escape of fire from defendant's land — Death of plaintiff's husband caused by fire — Claim for damages — Action commenced in County Court — Arbitration — Action not one for "losses caused by sparks from railway engines" — Plaintiff entitled to proceed in County Court — Railways Act 1915 (No. 2716), s. 183 — Wrongs Act 1915 (No. 2751), Part III., ss. 14-20.

Practice — Trial of action — Defendant moving for judgment at close of plaintiff's case — Whether bound to elect whether he will call evidence or not.

Trusts — Powers of trustees — To determine questions so as to bind all parties — Validity — To settle partly realized share directed to be settled.

Trusts — Capital and income — Sale of sheep station — Proceeds of sale of sheep — Working expenses of station prior to sale.

Trusts — Trustees, appointment of, out of jurisdiction.

Land tax — Landlord and tenant — Preliminary agreement — Tenant to pay fixed rent and all land taxes — Rent increased, landlord to pay land tax — Landlord to make voluntary allowance to tenant of difference between increased rent and old rent after payment of land tax — Whether a "contract agreement or arrangement. . . altering the incidence of any land tax" — Validity of agreement — Land Tax Assessment Act 1910-1926 (No. 22 of 1910, No. 50 of 1926), s. 63 — Land Tax Act 1915 (No. 2680), s. 68.

Licensing — Liquor — Disposal — During prohibited hours — Evidence of — Licensing Act 1915 (No. 2683), s. 177.

Shipping — Delivery of cargo — Receipt and delivery to be within reach of vessel's tackles — Cargo lowered in trays onto wharf by tackles — Cost of removal from trays.

Contract — Condition — Contract in writing constituted by agreement to purchase ascertained goods followed by hire-purchase agreement — Description of subject-matter — Condition of compliance with description — Breach — Warranty — Damages.

Practice — Costs — Originating summons — Next of kin establishing claims — Entitled to costs of establishing claims out of estate.

Landlord and tenant — Fixtures — Conversion — Covenant by tenant not to remove fixtures — Company as tenant — Liquidation — Sale of fixtures by liquidator in one lot — Resale by purchaser to other persons of different articles — Removal of articles by the sub-purchasers — Possession of premises retained by liquidator — Conversion of fixtures — "Provision to the contrary" — Landlord and Tenant Act 1915 (No. 2677), s. 48.

Negligence — Verandah collapsing on footpath — Injury to person on footpath — Negligent construction and use of verandah — Whether evidence of — Defendant's permission to use verandah as stand to view procession — Persons other than verandah and contributing to the collapse — New trial — Substantial wrong or miscarriage — Supreme Court Rules 1916, Order XXXIX., rule 6.

Shipping — Bill of lading — Bailment — Goods stored by shipowner — Charge for storage — Loss of goods — Clause entitling shipowner to store goods at owner's sole risk and expense on failure of owner to take delivery in accordance with contract — Inapplicability of clause.

Settlement — Interpretation — "The right heir."

Fire — Liability for damage by — Sparks from machine used by defendant on another's land causing fire on plaintiff's land.

Health — Deposit of refuse where it may be a nuisance or dangerous to health — Deposit by private person — Deposit contributing to existing nuisance — Health Act 1919 (No. 3041), s. 42 (2).

Practice — Discovery and production of documents — Bank pay-in slips — Evidence Act 1915 (No. 2647), ss. 83 (2), 89 — Rules of the Supreme Court 1916, Order XXXI., r. 14.

Administration and probate — Practice — Contested will — Application by propounders for interrogatories — Jurisdiction to order — Rules of the Supreme Court, Order XXXI., r. 1 — Probate Rules 1916, rr. 32, 35.

Practice — Application for judgment under Order XIV., r. 1 — Verification of cause of action — Insufficient affidavit — Costs — Rules of the Supreme Court 1916, Order XIV., r. 1.

Copyright — Infringement — Manufacture and sale of gramophone records — Registration of copyright under Copyright Act 1912 — Gramophone records of song made in England and America prior to alleged infringement in New South Wales — Exemption from consequences of infringement — Notice of intention to make records — Non-payment of royalties in respect of contrivances sold — Liability of manufacturer for infringement — Commonwealth Copyright Act 1912 (No. 20 of 1912), The Schedule, s. 19 (2) (a) and (b) — Regulations under the Copyright Act 1912 (Statutory Rules 1913, No. 338), regs. 44, 45 and 46.

Arbitration — Building contract — Disputes to be referred to architect employed by a party — No action to be brought unless award obtained — Award a condition precedent to action — Disqualification of arbitrator.

Practice — Execution — Leave to issue — Party entitled to execution — Death of judgment debtor — Execution against his executor and estate — Supreme Court Rules 1916, Order XLII., r. 23 (a).

Contract — Construction — Sale of goods — Written agreement to purchase ascertained motor car followed by hire-purchase agreement — Reconciliation of documents — Condition or warranty that car new.

By-law — Validity — Parking areas for vehicles prescribed in city streets — Charge for parking vehicles — By-law to regulate "traffic" — "Park," meaning of — Local Government Act 1915 (No. 2686), s. 197 (22).

Husband and wife — Maintenance — Order for maintenance of children — Non-compliance — Information for disobedience of order — Subsequent appeal against original order — Original order quashed — Subsequent proceedings based upon original order void — Marriage Act 1915 (No. 2691), ss. 83, 91, 93.

Local government — Streets, lanes, etc., making at cost of frontagers — Defective notice of consideration of scheme by council — Duration of notice less than prescribed — Effect — Condition precedent — Waiver — Estoppel — Local Government Act 1915 (No. 2686), ss. 529, 532.

Local government — By-law — Residential area — Validity of by-law — Definition of area — Excluded streets indicated by name — Prohibition of use of shops — Trade buildings permitted in some streets but not in others — Regulation — Local Government Act 1915 (No. 2686), s. 197; Local Government Act 1921 (No. 3167), s. 10; Local Government Act 1924 (No. 3388), s. 2.

Railways — Action against Commissioners — Several causes of action, one at least cognizable in County Court — Trial by Supreme Court — Railways Act 1915 (No. 2716), s. 183.

Wrongs — Practice — Action under Wrongs Act 1915, Part III. — Writ endorsed for trial with jury — Interlocutory judgment — Assessment of damages — Notice to defendant — Wrongs Act 1915 (No. 2751), s. 16 — Rules of the Supreme Court 1916, Order XIII., r. 5; Order XXXVI., r. 11.

Transfer of land — Instrument of transfer — Consideration expressed to be money lent to be repaid within two years, with interest — Registration — Transfer of Land Act 1915 (No. 2740), ss. 55, 58, 121, 145, 248, 279.

Money lent — Cause of action, essentials of — Non-payment — "Burden of proof."

Dentist — Registration — Application for — Applicant having "entered on a definite course of training" — Meaning — Entering upon a defined and continuous course of training — Powers of Dental Board — Medical (Dentists) Act 1927 (No. 3569), s. 14 (1) (b).

Local government — By-law — Council — Power to regulate — Power to prohibit — Keeping of animals — Consent of council — By-law requiring — Invalidity — Health Act 1919 (No. 3041), s. 75.

Trusts — Trustee company — Unclaimed moneys — Payment into Treasury — "The Testamentary and Trust Fund" — Unclaimed for over six years — Payment out — Whether Statute-barred — National Trustees, Executors and Agency Company of Australasia Limited Act (No. 938), ss. 19, 20.

Contract — Sale of goods — Verbal agreement providing for place of delivery — Order signed on behalf of purchaser — No express statement of place of delivery — Note or memorandum in writing — Goods Act 1915 (No. 2663), ss. 9 (1), 34 (1).

Attachment — Debts — Payment due for fruit acquired for Crown under Dried Fruits Acts — Whether a debt subject to attachment — Dried Fruits Act 1924 (No. 3380), ss. 5, 8 (1) (2) (6), 12; Dried Fruits Act 1925 (No. 3418), s. 3 (6) — Rules of Supreme Court 1916, Order XLV., r. 1.

Book debt — Assignment — Debt due or to become due on account of or in connection with trade or business — Right to payment for dried fruit acquired compulsorily for Crown — Instruments Act 1915 (No. 2672), Part IX., ss. 180, 181.

Practice — County Court — Action commenced in — Transferred to Supreme Court — Trial by jury — Application for after transfer — County Court Act 1915 (No. 2636), s. 69 — Rules of Supreme Court 1916, Order XXXVI., rr. 6, 7.

Arbitration — Lease — Arbitration clause — Dispute or difference between lessor and lessee to be referred to arbitration — Assignment of lease — Consent of lessor to assignment withheld — Whether matters in dispute or difference should be referred to arbitration — Discretion of Judge — Stay of proceedings — Sufficient reason to the contrary — Lessor and lessee summons — Application for adjournment of — Whether a "step in the proceedings" — Arbitration Act 1915 (No. 2614), s. 5 — Conveyancing Act 1915 (No. 2633), ss. 24, 25.

Transfer of land — Transfer — Consideration — Executory consideration — Undertaking to allot shares in company as consideration for transfer — Refusal of Registrar to register — Mandamus — Vendor's lien — "Legal specific right" — Meaning of — Transfer of Land Act 1915 (No. 2740), ss. 121, 248.

Copyright — Infringement — Manufacture and sale, of gramophone records — Registration of copyright under Copyright Act 1912 — Gramophone records of song made in England and America prior to alleged infringement in New South Wales — Exemption from consequences of infringement — Notice of intention to make records — Non-payment of royalties in respect of contrivances sold — Liability of manufacturer for infringement — Commonwealth Copyright Act 1912 (No. 20 of 1912), The Schedule, s. 19 (2) (a) and (b) — Regulations under the Copyright Act 1912 (Statutory Rules 1913, No. 338), clauses 44, 45 and 46.

Practice — Trial by jury — Right to — Prolonged examination of documents — Scientific investigation — What amounts to — Whether by Judge or jury — Rules of Supreme Court 1916, Order XXXVI., rr. 5, 6.

Local government — Street formed or set out on private property — Plans, estimate and scheme prepared — Notice to owner — Contract for work before notice — Adoption of scheme by council — Objection by owner — Irregularity in statutory proceedings — Waiver — Local Government Act 1915 (No. 2686), ss. 526-534.

Local government — Streets formed or set out on private property — Scheme prepared by council — Composite scheme including several streets — Liability of owner of property in two only of such streets to contribute to cost of whole scheme — Local Government Act 1915 (No. 2686), ss. 526 (1) and 527 (1).

Company — Shareholder — Contributory — Rectification of register — Misrepresentation — Public declaration of insolvency — "Going concern" — Rectification of register refused — Compulsory winding-up — Petition for — Voluntary winding-up — Resolution for — Companies Act 1915 (No. 2631), ss. 39, 141, 165.

County Court — Practice — Appeal to Supreme Court — Deposit in lieu of security — Order giving conditional leave to defend action — "Amount of order" — County Court Act 1915 (No. 2636), ss. 64, 133.

Husband and wife — Maintenance — Order of Justices — Resumption of cohabitation, effect of on order — Marriage Act 1915 (No. 2691), s. 84.

County Court — Judgment — Execution — Removal to Supreme Court — Entry of judgment — When statute-barred — County Court Act 1915 (No. 2636), s. 104 — Real Property Act 1915 (No. 2719), s. 47.

County Court — Practice — Costs — Counterclaim — Successful defendant — Deprivation of costs — Discretion of County Court Judge — "Any action suit or proceeding" — County Court Act 1915 (No. 2636), ss. 47, 68, 69.

Justices — Garnishee order nisi — Return of — Claim by third person — Person aggrieved — Right to be heard — Deposit by candidate for election — Whether attachable — Justices Act 1915 (No. 2675), ss. 128, 131, 150.

Health — Commission of Public Health — Hospital — Order for establishment — Councils to combine in — Refusal — Mandamus — Notice of proceeding — "Action," meaning of — Health Act 1919 (No. 3041), ss. 147, 316, 353.

Lien — Artificer's lien — Repair of chattel at request of hirer in possession under hire-purchase agreement — Agreement determined — Owner claiming delivery from artificer.

Motors — Motor omnibus — Minimum fare prescribed — Lower fare received by employee contrary to instructions of employer, owner of omnibus — Whether owner guilty of offence — Motor Omnibus Act 1924 (No. 3378), ss. 3 and 13.

Privy Council — Stay of proceedings — Appeal to Privy Council from judgment of High Court dismissing appeal from Supreme Court — Application by appellant to Supreme Court to stay proceedings on judgment.

Principal and agent — Solicitor and client — Mortgagor and mortgagee — Solicitor acting for both — Misappropriation of mortgage moneys by — Who bears loss — Who entitled at time of intended settlement.

Shipping — Bill of lading — Condition for cesser of shipowner's liability, "as soon as the goods are free from the ship's tackles" — Condition for storage of goods at owner's sole risk and expense on owner failing to take delivery — Practice as to delivery at port of destination — Whether bill of lading varied by agreement so as to include — Ambiguous acts of agents and employees — Effect of.

Practice — Jury — Trial by — Fraud — Equitable action — Whether right to jury — Jury in action for tort — Validity of Rules depriving plaintiff in tort of right to jury — Discretion to otherwise order — Rules of Supreme Court 1916, Order XXXVI., rr. 3, 6 — Supreme Court Act 1915 (No. 2733), ss. 16, 25.

Health — Evidence — Sale of adulterated milk — Sale by driver of cart — Defendant's name and address on cart — Whether evidence of sale by defendant — Health Act 1919 (No. 3041), s. 206 — Police Offences Act 1915 (No. 2708), s. 17 (4).

Principal and agent — Estate agent — Sale of land — Commission — Property in hands of more than one agent for sale — Person prepared to purchase found by one agent — Sale to another person effected through another agent before communication to owner by first agent — No right to commission in first agent.

Contract — Road-making works — Conditions of contract — Determination by notice under terms of contract — Extra works — Order in writing — Extras done at verbal request — Certain extras paid for — Knowledge of defendant — Whether waiver or estoppel by conduct — Breach of contract — Forfeiture of moneys and of contractor's property — Penalty or damages — Powers of council and engineer — Judicial or administrative — Contractor's right to be heard — Determination of contract pursuant to term — Repudiation at common law.

Divorce — Practice — Service of petition and citation — Difficulty in effecting service — Service by registered post — Avis de reception — Proof before Judge in Chambers that petition and citation have come to the knowledge of respondent — Order declaring sufficiency of service — Rules of Supreme Court 1916 (Divorce), r. 8 — Marriage Act 1915 (No. 2691), s. 158.

Motors — Motor omnibus — Licensing of — Passengers carried for lump sum — Bon fide agreement — Separate and distinct fares — Not paid to driver — Offence — Motor Omnibus (Urban and Country) Act 1927 (No. 3570), ss. 3, 40.