R. v. SAWYERVLR 1
Criminal law — False pretences — Representation of existing fact — Statement of intention to do future act.
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Cases reported in this volume of the Victorian Reports
Criminal law — False pretences — Representation of existing fact — Statement of intention to do future act.
Bankruptcy — Action — Trespass to land — Special damage — Exemplary damages — Bankruptcy of plaintiff — Abandonment of action by assignee — Continuance by plaintiff — Pleading — Material facts — Insolvency Act 1915 (No. 2671), sec. 176 — [Insolvency Act 1928 (No. 3705), sec. 176] — [Bankruptcy Act 1924-1933, sec. 63 (3)] — Order XIX., rule 4.
Company — Memorandum of association — Construction — Objects clause — Drawing, etc., negotiable instruments — Ultra vires — Promissory note given for director's private liability — Liability of company to payee.
Arbitration — Action on building contract — Arbitration clause — Defendant unaware of clause when proceedings commenced — Application for stay — Arbitration Act 1928 (No. 3637), sec. 5.
Administration and probate — Application for grant — Application referred to Court — Grant of administration c.t.a. — Caveat lodged after grant but before issue — Administration and Probate Act 1928 (No. 3632), sec. 52.
Landlord and Tenant — Goods or chattels on leased premises — Execution — Warrant of distress under Justices Act — Non-payment of rent before removal of goods — Landlord and Tenant Act 1928 (No. 3710), sec. 12.
Company — Extraordinary resolution — Notice — Waiver by shareholders present at meeting — Companies Act 1928 (No. 3659), sec. 76.
Will — Construction — Annuity — Shares of residue — Income to children for life — Unequal advances in lifetime of testator — Adjustment between children — Hotchpot.
Constitutional law — Freedom of inter-state trade — Dairy products — Control of marketing — Notice promulgating quota — The Constitution (63 & 64 Vict. c. 12), sec. 92 — Dairy Products Act 1933 (No. 4204), secs. 6, 8, 15.
Criminal Law — Bail — Conviction — Bail pending appeal — Crimes Act 1928 (No. 3664), sec. 605 (2).
Police offences — Obstruction of constable executing warrant of distress — Place where warrant may be executed — Judgment debtor resident in house of stranger — Justices Act 1928 (No. 3708), sec. 112 — Police Offences Act 1928 (No. 3749), sec. 185.
Practice — Summons for final judgment — Time — Vacation — Rules of Supreme Court 1916, Order XIV., rr. 1, 2; Order LXIV., r. 4.
Lands Compensation — Costs of arbitration — Taxation between party and party — Melbourne and Metropolitan Board of Works Act 1928 (No. 3731), sec. 211 — Lands Compensation Act 1928 (No. 3711), sec. 30.
Administration and Probate — Summons to executor to file statement for duty — Service out of jurisdiction — Setting aside order made on summons — Administration and Probate Act 1928 (No. 3632), sec. 155 — Service and Execution of Process Act 1901-1931 (No. 11 of 1901 — No. 45 of 1931), sec. 11 (1).
Criminal law — Insanity — Burden of proof — Direction to jury.
Police Offences — Second offence — Information alleging prior conviction — Evidence thereof, when it may be given — Police Offences Act (No. 3749), sec. 104.
Police Offences — Betting — Money received as consideration for undertaking to pay thereafter money on sporting contingency — Game of skill played for money prize — Entry fee paid by players — Police Offences Act 1928 (No. 3749), sec. 97 (b).
Health — Commission of Public Health — Powers — Failure of council to appoint inspector — Appointment of same person by Commission to more than one municipality — Health Act 1928 (No. 3697), sec. 22.
Will — Construction — Name of beneficiary left blank — Executor, whether taking virtute officii or beneficially — Ceasing to be executor on authorizing trustee company to act — Forfeiture of rights — Trustee Companies Act 1928 (No. 3793), sec. 6.
Divorce — Alimony — Means and ability to pay — Order for portion of arrears — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), Pt. I. — Maintenance and Alimony (Imprisonment) Act 1935 (No. 4314), sec. 9.
Husband and wife — Agency of necessity — Husband's liability for necessaries — Adultery of wife — Condonation.
Maintenance agreement — Resumption of matrimonial relations — Wife's departure to another country — Agreement not discharged.
Patent — Practice — Particulars of objection of want of novelty — Striking out — Limitation to claims alleged to be infringed — Patents Act 1903-1935 (No. 21 of 1903 — No. 16 of 1935), sec. 90.
Local Government — Rates — Land held by State Rivers and Water Supply Commission — Property of His Majesty used for public purposes — Whether occupied for private purposes — Residence of water bailiff — Water Act 1928 (No. 3801), secs. 3, 19, 303 — Local Government Act 1928 (No. 3720), sec. 249.
Factories and Shops — Carter — Driver of motor truck — Determination of wages board — Effect on words of statute — Factories and Shops Act 1928 (No. 3677), sec. 133.
Licensing — Offence — Carrying away liquor from licensed premises during prohibited hours — Liquor not obtained on the licensed premises — Licensing Act 1928 (No. 3717), sec. 190 (1).
Local Government — Elections — Petition for application thereto of Parliamentary election provisions as to voting by post — Scope and operation of petition — Order in Council laid before Parliament without disallowance — "Regulation" — Local Government Act 1928 (No. 3720), sec. 148(1) (4).
Act repealing and re-enacting provisions of former Act — Intermediate legislative steps between two Acts — References in another Act or document to repealed provisions — "Contrary intention" — Electoral Act 1910 (No. 2288) — The Constitution Act Amendment Act 1928 (No. 3660) — Acts Interpretation Act 1928 (No. 3630), sec. 6.
Factories and shops — Determination of wages board — Hours of work — Overtime — Five day week — Factories and Shops Act 1928 (No. 3677), sec. 145.
Evidence — Confession — Whether involuntary — Objection to admissibility — Conduct of trial — Reference to depositions — Evidence Act 1928 (No. 3674), sec. 141.
Licensing — Disposal — Meal permit — Liquor supplied to person ordering meal, before meal placed before him — Licensing Act 1928 [No. 3717], sec. 43 (2).
Bill of Sale — Situation of property comprised therein — Consideration — Collateral agreement — Instruments Act 1928 (No. 3706), sec. 30 (2).
Factories and shops — Determination of wages board — Proceedings for contravention thereof — Relationship of employer and employee denied — Act when committed not offence — Proceedings commenced before Trade Tribunal constituted — Transfer of proceedings thereto — Retrospectivity — Factories and Shops Act 1934 (No. 4275), sec. 40.
Divorce — Desertion — Just cause or excuse — Petitioner's adultery unknown to respondent — Marriage Act 1928 (No. 3726), sec. 75 (a).
Conflict of laws — Intestacy — Next of kin — Retrospective declaration in England as to legitimacy — Domicil of parents in England — Legitimacy Act 1926 (16 & 17 Geo. 5, c. 60).
Practice — Attachment of debts — Decree nisi of nullity of marriage — Costs — Order for payment to Prothonotary for petitioner until decree absolute — Attachment of debt due to respondent — Rules of the Supreme Court 1916, Order XLV., r. 1.
Company — Winding up — "Just and equitable" — Companies Act 1928 [No. 3659], secs. 137, 138 (iii.) — Companies (Special Investigations) Act 1935 [No. 4293], sec. 6.
Indemnity — Wrongful act done at request of another — Facts known to both parties — Act believed to be lawful — Injury to third party — Right of person doing act to indemnity.
Husband and wife — Marriage settlement — Settlor divorced on ground of desertion — Reconveyance of settled property to settlor — Marriage Act 1928 (No. 3726), sec. 106.
Will — Construction — Name of beneficiary left blank — Executor, whether taking virtute officii or beneficially — Admission of extrinsic evidence — Intestacy — Administration and Probate Act 1928 (No. 3632), sec. 48.
Maintenance — Enforcement of order — Means and ability to pay — Reasonable effort — Onus of proof — Summons to debtor — Proof of service of order — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), sec. 22 — Maintenance and Alimony (Imprisonment) Act 1935 (No. 4314), sec. 7.
Administration and probate — Executor's Commission — Trustee company carrying on testator's business — Whether commission chargeable on gross receipts, gross profits or net profits — Trustee Companies Act 1928 (No. 3793), sec. 17.
Police Offences — Rogue and vagabond — Indecent exposure — Whether information bad for duplicity — Evidence admissible — Police Offences Act 1928 (No. 3749), sec. 72.
Licensing — Lodgers' register book — Collection of leaves enclosed in two cardboard covers and held together by two metal rings — Licensing Act 1928 (No. 3717), sec. 53.
County Court — Appeal — Settling case on appeal — Filing affidavit of compliance with rules — Court in which affidavit to be filed — County Court Rules 1930, Order XXXIII r. 2.
Divorce — Order for permanent alimony — Application for discharge — Inequitable that payments should continue — Discharge by agreement inter partes — Marriage (Divorce) Act 1933 (No. 4210), sec. 5 (2).
Local government — By-law — Wilful breach — Carrying on quarrying operations for the removal of clay — Consent of the council — Employee in quarry excavating clay for employer.
Transport regulation — Commercial goods vehicle — Definition — "Motor car. . . used . . . in the course of trade" — Isolated use, not for hire or reward, of private car to carry goods — Transport Regulation Act 1933 (No. 4198), sec. 5.
Local Government — By-law — Validity — Power to regulate and restrain — Prohibition unless with approval of council.
Will — Construction — Gift over after life interest — "Surviving sons and daughters."
Landlord and tenant — Statutory reduction of rent — Sub-tenancy created by sub-tenant holding over — Sub-tenancy for less than one year — Whether sufficient to restore rent payable to head lessor — Landlord and Tenant (Rent Reduction) Act 1931 (No. 3990), sec. 8 — Landlord and Tenant (Rent Reduction) Amendment Act 1935 (No. 4348), sec. 2.
Slander — Injunction — Jurisdiction to grant injunction — Form of injunction.
Divorce — Order for permanent alimony — Settlement securing payment — Death of former husband — Power of Court to vary order — Marriage Act 1928 (No. 3726), sec. 95 — Marriage (Divorce) Act 1933 (No. 4210), sec. 5 (2) (a).
Crown — Forests Commission — Negligence of employee in course of employment — Action against Commission and employee — Whether competent — Forests Act 1928 (No. 3685), Fourth Schedule, Part C., cl. 8.
Administration and probate — Will — Widow left without sufficient means of support — Application for provision out of testator's estate — Husband and wife living apart under separation deed — Covenant by wife not to make application — Discretion of Court — Administration and Probate Act 1928 (No. 3632), secs. 139, 143, 144 (1).
Administration and Probate — Practice — Executor — Application for leave to pass accounts — Managing clerk of executor's solicitor acting as solicitor for beneficiaries — Costs.
Administration and probate — Caveat tendered after grant by Court but before issue — Registrar to reject — Procedure on failure to reject — Administration and Probate Act 1928 (No. 3632), sec. 52.
Barrister and Solicitor — Articles of clerkship — Dispensation with full term of articles — Rules of the Council of Legal Education 1932-36.
Practice — Pleading — Duty imposed by Local Government Act 1928 — Particulars of sections relied on.