Local Government — Road construction — Power of municipal council to acquire land compulsorily — For supply of materials for road construction — "Providing or purchase" of land — Specifications showing nature and extent of work or undertaking — Necessity of stating therein intention to acquire land for supply of materials for road construction — Local Government Act 1928 (No. 3720), secs. 391 (14). 508, 509 — Local Government Act 1934 (No. 4279), sec. 59.

Licensing — Annual sitting of Licensing Court — Power to extend — Exercise of power after 31st December — Validity — Licensing Act 1928 (No. 3717), sec. 87 (4).

Practice — Libel — Payment into Court — Plaintiff taking money out — Leave to make in open Court statement approved by Judge — Case not in list for trial — Where statement should be made — Rules of the Supreme Court 1938, Order XXII., r. 2 (4).

Practice — County Court — Appeal to Full Court — Security for costs — Time for applying for — Notice of intention to apply — First available sittings — Appellant not prejudiced by lapse of time.

Transport Regulation — Commercial goods vehicle licence — Application for renewal — Refusal — Failure of Transport Regulation Board to state in writing reasons at time of refusal — Operating vehicle pursuant to statutory extension of licence — Mandamus — Whether lies against Transport Regulation Board — Unreasonable delay — Transport Regulation Act 1932 (No. 4100), sec. 13 (4) — Transport Regulation Act 1933 (No. 4198), secs. 3 (g) (iii), 25, 31, 37 — Transport Regulation Act 1935 (No. 4298), sec. 4 (1).

County Court — Remission to — Plaintiff with no visible means of paying defendant's costs — Amount of damages claimed — Severity of injuries suffered — Trial by jury — Whether circumstances rendering it advisable that action be tried in Supreme Court — County Court Act 1928 (No. 3663), sec. 58.

Transport Regulation — Power of Governor in Council to make regulations with respect to licences and evidence — Prohibition of trailers — Validity — Justices — Withdrawal of consent to admit documentary evidence — "Transport Regulation Act 1933 (No. 4198), secs. 28, 46, 53 — Transport Regulations (General Conditions of Licence for Commercial Goods Vehicles), reg. 3 (v) — Transport Regulations (General Regulations No. 1), reg. 73.

Contract — Sale of goods — Repudiation of contract by purchaser — Resale by vendor — Measure of damages — Available market — Justices — Representation of parties at settling of appeal case — Goods Act 1928 (No. 3694), sec. 54 — Justices Act 1928 (No. 3708), sec. 150 — Justices Act Rules 1936 (No. 2), r. 136.

Divorce — Nullity of marriage — Impotence — Order dispensing with appointment of medical inspectors — Discretion to grant order — Evidence Act 1928 (No. 3674), sec. 28.

Divorce — Frequent convictions — Within five years — Whether sentences aggregating three years must be within five years' period — Marriage Act 1928 (No. 3726), sec. 75 (c).

Infant — Custody — Welfare of child — Wishes of deceased mother — Religion of child — Appointment of guardians — Refusal of custody to guardians — Marriage Act 1928 (No. 3726), sec. 138.

Motor Car — Person driving while under influence of intoxicating liquor — Conviction — Licence to drive "cancelled" — Remission of cancellation by Governor in Council — Validity — Letters patent of Governor — Construction — Whether cancellation of licence a "sentence passed" or "forfeiture due or accrued" — Remission invalid — Motor Car Act 1928 (No. 3741), sec. 23 (2).

Insurance — Construction of policy — Clause in motor vehicle policy treating driver as though he were the insured — Condition driver "duly licensed" — Exclusion of liability when vehicle driven by "unlicensed person with the consent of the insured" — Insured's ignorance of absence of licence.

Justices — Order nisi to review — Material in support of application therefor — Reference to affidavit filed in other proceedings — Sufficiency — Justices Act 1928 (No. 3708), sec. 150.

Weights and Measures — Possession of imperfect scales or weights — Whether "scales" includes weights — Manufacturer selling goods not by weight or measure — Imperfect scales used solely for internal economy of business — Whether possession unlawful — Whether may be seized or examined — Inspector entering premises — Whether lawful where goods not kept or exposed for sale by weight or measure — Whether acting in execution of office — Weights and Measures Act 1928 (No. 3802), secs. 68, 70, 73 — [Cf. Weights and Measures Act 1939 (No. 4712), secs. 63, 66, 69].

County Court — Practice — Appeal — Application for leave to proceed with appeal in form pauperis — Power of Judge in chambers to grant — Appeal already before Full Court — Appellant ordered to find security for costs by Full Court — Application wrongly made in chambers.

Motor car — General Sessions — Appeal by motor car driver — Against conviction imposing fine not exceeding 5l. and suspending driving licence — Whether jurisdiction of General Sessions extends to quashing whole conviction — Motor Car Act 1928 (No. 3741), sec. 8 (4) — Justices Act 1928 (No. 3708), sec. 136 (a).

Divorce — Adultery — Conduct conducing to adultery — Exercise of discretion — Marriage Act 1928 (No. 3726), secs. 76, 84 (2).

Divorce — Practice — Decree nisi including order for custody of children — Access not reserved — Application for access by summons after decree nisi — Marriage Act 1928 (No. 3726), sec. 105 — Rules of the Supreme Court 1938, Ch. II., r. 64.

Divorce — Desertion for three years and upwards — Petitioner's adultery — Committed over three years after commencement of desertion — Discretion — Marriage Act 1928 (No. 3726), secs. 75 (a), 84 (1).

Railways — Passenger not producing or delivering up free pass or ticket when required — Offence — Whether possession of pass or ticket by passenger at the time must be proved — Railways Act 1928 (No. 3759), secs. 13, 31.

Transfer of land — Easement of noise — Land purchased by agreement by the State Electricity Commission of Victoria — Land to be used for erection of electrical sub-station — Whether transfer to Commission should include easement to transmit noise from sub-station into and across adjoining land of vendor.

Police offences — Gaming — Occupier of house where contrivance for gaming is kept — Knowledge of occupier of presence of contrivance — Contrivance placed in house by agent of occupier without occupier's knowledge — Whether occupier guilty of offence — Premises entered under gaming house warrant — Seizure of contrivance for gaming without arrest of any person on premises — Whether seizure lawful — Forfeiture of contrivance without notice of application being given to owner — Police Offences Act 1928 (No. 3749), secs. 124, 155, 163.

Practice — Company — Calls on shares — Action for — Counter-claim for rectification of share register — Liquidation — Liquidator delivering reply and defence to counter-claim — Order for security for defendant's costs — Action stayed pending giving of security — Defendant placed on list of contributories — Summons for removal of defendant's name therefrom — Procedure applicable to circumstances.

Local Government — Health — Nuisance in establishment and conduct of sanitary dept — Justices — Special complaint commenced against municipality without notice of action — Whether special complaint "an action" — Whether notice in writing of intention to rely upon absence of notice of action must be given — Whether notice in writing of action against municipality in respect of act of independent contractor required — Whether independent contractor liable for damage caused in execution of contract — Health Act 1928 (No. 3697), secs. 40, 392 (1), 393 — Justices Act 1928 (No. 3708), sec. 92.

Stamps — Appeal against assessment of duty by Collector — Whether appeal limited to case stated — Whether on hearing of case stated evidence outside case admissible — Stamps Act 1928 (No. 3775), secs. 32, 33.

Will — Power to advance portion of prospective share of infant — For "education or advancement in life" — Advance to infant for purposes of sea voyage to facilitate convalescence after illness — Whether for "education or advancement in life" — Infant engaged in studies.

Practice — Service of writ out of jurisdiction — Setting aside writ and its service — Action based on quasi-contract — Claim for money had and received — Obligation to pay in Victoria — Rules of the Supreme Court 1938, Order XI., rule 1 (e).

Police offences — Person found in house frequented by reputed thieves — Whether in company with reputed thieves — Physical proximity — Absence of proof of association — Police Offences Act 1928 (No. 3749), sec. 69 (3).

Police Offences — Street betting — "Street" — Enclosed yard of hotel — Whether part of "house" — Police Offences Act 1928 (No. 3749), secs. 104, 106.

Divorce — Practice — Amendment — Petition claiming dissolution of marriage — Alternative claim for nullity added — Marriage Act 1928 (No. 3726), secs. 110, 111 — Rules of the Supreme Court 1938, Ch. II., r. 3.

Administration and Probate — Practice — Caveat — More than one lodged — Whether separate orders nisi should be granted — Administration and Probate Act 1928 (No. 3632), sec. 53.

Trusts — Breach of trust — Duty of executor to get in residue — Giving time to debtor — Whether executor acting in good faith — Whether mere absence of dishonest motive amounts to good faith — Failure to get in residue — Onus of proof on executor to show action unlikely to be successful — Limitation of actions — Action against executor for failing to get in residuary personalty — Period of limitation fifteen years — Trustee Act 1928 (No. 3792), secs. 15, 67 — Supreme Court Act 1928 (No. 3783), sec. 82 — Property Law Act 1928 (No. 3754), sec. 304.

Guarantee — Payment by guarantor — Debtor owing more than amount guaranteed — Creditor holding securities — Creditor continuing current running account with debtor — No appropriation of payments into account — Payments into account equalling amount of debt outstanding at date of payment by guarantor — Debt thereby discharged — Creditor thereafter holding securities subject to guarantor's right of subrogation.

Justices — Evidence — Power of Governor in Council to make rules relating to "practice and procedure" — Power to make rules relating to evidence — Justices Act 1928 (No. 3708) sec. 5 — Justices Act Rules 1936 (No. 1), r. 52.

National security — Fair Rents Board — Application for determination of fair rent — Jurisdiction of Board to determine whether applicant a lessee — Whether injunction will lie to restrain prospective applicant — National Security Act 1939 (No. 15 of 1939), sec. 5 (d) — National Security (Fair Rents) Regulations 1939 (Statutory Rules 1939, No. 104).

Justices — Special Complaint — Jurisdiction of Court of Petty Sessions — "Matter in which rights in future may be bound" — Possibility of binding future rights — Justices Act 1928 (No. 3708), sec. 65 (1).

Criminal law — Bail — Discretion of Judge to refuse — Not to be used as a means of coercion — Right of soldier prisoner to appear in Court in military uniform — Jurisdiction of Supreme Court to grant bail to prisoner on remand — Bail refused by Court of General Sessions.

Imprisonment of fraudulent debtors — Justices — Summons to debtor — Admissibility at hearing of second summons of evidence as to means prior to dismissal of previous summons — Whether dismissal of first summons a bar to further proceedings — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), Part III.

Factories and shops — Determination of wages board — Incorporation therein of provisions of Federal award — Whether failure to incorporate invalidates determination — Construction of statute — Directory or mandatory — "As soon as may be shall" — Factories and Shops Act 1928 (No. 3677), sec. 178 — Factories and Shops Act 1934 (No. 4275), sec. 23 — Factories and Shops Act 1936 (No. 4461), sec. 5 (2).

Factories and shops — Fraudulent misrepresentation of age — Contract of employment induced thereby — Claim for difference between wages paid and award rates for persons of plaintiff's age — Estoppel — Counterclaim for damages for deceit — Factories and Shops Act 1928 (No. 3677), sec. 232.

Justices — Civil debt recoverable summarily — More than six years old — Part payment within six years — Whether proceedings maintainable — Justices Act 1928 (No. 3708), sec. 210.

County Court — Practice — Remitting action to County Court — Application by defendant after request for further particulars and for extension of time for delivering defence — County Court Act 1928 (No. 3663), sec. 58.

Wrongs — Action under Part III. of Wrongs Act 1928 — Brought on behalf of deceased's widow and child en ventre sa mre — Whether child en ventre sa mre has right of action — Whether right of action vested — Stay of action until birth of child — Whether widow's action would survive to her representatives if she die in child-birth — Wrongs Act 1928 (No. 3807), Pt. III.

Police Offences — Hindering police in the execution of their duty — Police putting questions in the course of duty — Advice to person interrogated not to answer — Whether a hindering of police — Police Offences Act 1928 (No. 3749), sec. 185.

Divorce — Desertion — Consent to desertion — Acquiescence of deserted spouse.

Marketing of primary products — Egg and egg pulp — "Producer" — Meaning of — Invalidity of The Egg and Egg Pulp Marketing Board — Validating Act — Retrospective effect — Regulations authorising enquiries — Whether ultra vires — Evidence of notice — Proof of copy — Marketing of Primary Products Act 1935 (No. 4337), secs. 4, 41 (c), 43 — Marketing of Primary Products (Validation) Act 1939 (No. 4658), sec. 3 — The Egg and Egg Pulp Marketing Board Regulations 1937, reg. 37.

Workers' compensation — Agreement to pay compensation — Acceptance by Workers Compensation Board — Payments made thereunder — Proceedings to set aside agreement and recover payments — Misrepresentation alleged — Jurisdiction of Board to entertain proceedings — Jurisdiction to state case for Full Court — Workers' Compensation Act 1928 (No. 3806), sec. 5 (3) — Workers' Compensation Act 1937 (No. 4524), secs. 4, 9 (3), 13.

Police Offences — Insulting words — Likely to provoke a breach of the peace — Whether evidence of personal insult essential — Police Offences Act 1928 (No. 3749), secs. 24, 25.

Criminal law — Larceny by a trick — Possession of goods obtained under pretence of a contract.

Police Offences — Sunday trading — Free distribution of newspapers — Whether offence committed — Police Offences Act 1928 (No. 3749), secs. 49, 50.

Company — Memorandum of association — Objects' clause — Alteration to enlarge scope of business — Substitution of new objects' clause — Extensions covering wide field of operations — Confirmation by Court — Companies Act 1938 (No. 4602), sec. 6.

Divorce — Desertion — Previous suit by petitioner after commencement of desertion — Whether interruption of period of desertion — Marriage Act 1928 (No. 3726), sec. 75 (a).

Criminal Law — Misdirection — Misstatement of facts — Miscarriage of justice — Crimes Act 1928 (No. 3664), sec. 594 (1).

Transport regulation — Commercial goods vehicle — Licence — Operating otherwise than in accordance with conditions of licence — Failure to make entries in time book — Transport Regulation Act 1933 (No. 4198), sec. 46 — Transport Regulations (General Conditions of Licence for Commercial Goods Vehicles), cl. 3 (viii).

Practice — Costs — Money paid into Court with denial of liability — Libel action — Statement made in open Court — Costs of application and of statement — Discretion of Judge — Rules of the Supreme Court 1938, Order XXII., r. 2 (4).

Transport regulation — Motor vehicle used for carriage of goods — Limitation of hours of duty of driver — "Time spent in driving" — Time spent by driver in loading vehicle prior to commencing journey — Whether time spent in driving — Transport Regulation Act 1933 (No. 4198), sec. 39.

Divorce — Costs — Wife's petition supported by affidavit consisting of wilful and gross falsehoods — Petition dismissed — Wife's costs — Liability of husband to pay — Duty of solicitor to check client's story.

Husband and wife — Question as to possession of property — Spouses living apart — One spouse continuing to occupy former matrimonial residence owned by other spouse — Order for possession — Form of order — Married Women's Property Act 1928 (No. 3727), sec. 20.

Will — Construction — Bequest of "all my money" — Moneys on fixed deposit — Moneys lent — Whether included in bequest.

Will — Construction — Direction to pay money at a future time — Whether gift contingent on beneficiary being then alive.

Practice — Costs — Review of Taxation — Fees marked on counsels' briefs — Refreshers — Failure of Taxing Master to appreciate complexities of law involved — Court fixing counsels' fees on review — Briefs to senior and junior counsel to settle answers to interrogatories and hear judgment — Rules of the Supreme Court 1916, Order LXV., r. 27 (41) — [Rules of the Supreme Court 1938, Order LXV., r. 27 (41)].

Vendor and purchaser — Contract for sale and purchase of houses — Declaration by Housing Commission that houses unfit for human habitation — Order that houses be demolished — Declaration and order made before date of contract — Notice of declaration and order received after date of contract — Both parties to contract ignorant of declaration and order at date of contract — Whether loss arising from declaration and order falls on vendor or purchaser — Slum Reclamation and Housing Act 1938 (No. 4568), sec. 8.

Administration and probate — Duties on deceased person's estates — Devise and bequest of residue subject to payment of debts, funeral and testamentary expenses and all State and Federal probate, succession, death and other duties — Whether estate duty payable solely out of residue — Estate Duty Assessment Act 1914-1928 (No. 22 of 1914 — No. 47 of 1928), sec. 35.

Administration and probate — Probate of Will — Objections to probate — Particulars of objection — Testamentary incapacity as a result of delusions — Undue influence — Fraud — Person preparing will receiving benefit thereunder — Rules of Supreme Court 1938, Ch. III., rr. 31, 32.

Settlement — Deed of — Money to be paid to beneficiaries at trustees' discretion — Other money to be paid prior to and on death of settlor — Uncertainty as to whether trustees had exercised discretion or had paid beneficiaries in full — Whether payments should be presumed — Whether exercise of discretion should be presumed — Statute of limitations — Bight of beneficiaries to require executor to set up statute — Trustees investing settled property in realty — Unauthorised investment — Property reverting to estate of settlor — Whether passing as realty or personalty.

Divorce — Frequent convictions — Within five years — Three convictions arising out of one transaction — Whether convictions show criminal tendency — Whether convictions before marriage may be taken into account — Marriage Act 1928 (No. 3726), sec. 75 (c).

Practice — Damages — Assessment of damages after entry of interlocutory judgment — Assessment by Prothonotary unless Judge otherwise directs — Circumstances under which Judge will otherwise direct — Rules of the Supreme Court 1938, Order XXVII., r. 4.

Practice — Application for final judgment — Incorporation of plaintiff — Failure to allege incorporation in indorsement on writ — Incorporation deposed to by affidavit — Amendment of indorsement — Rules of the Supreme Court 1938, Order XIV., r. 1.

Criminal law — Grand jury — Whether grand jurors may be excused — Ascertaining whether alien on grand jury panel — Form of oath for grand jury — Procedure on trial of bills of indictment preferred to a grand jury — Crimes Act 1928 (No. 3664), sec. 388.

Police Offences — Betting — What constitutes — Whether multi-partite transactions included — Whether premises used as common gaming house — Justices — Appeal to General Sessions — Case stated for Supreme Court — Appellant to begin on hearing of case — Police Offences Act 1928 (No. 3749), secs. 123 (d), 130 — Justices Act 1928 (No. 3708), sec. 145.

Administration and Probate — Family maintenance — Application by widower and grown-up son and daughter for provision out of testatrix's estate — Widower a war pensioner and invalid — Assisting testatrix to amass estate — Widower and daughter barely possessing means of subsistence — Son leaving employment to join Australian Imperial Force — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Companies — Proprietary company — Application for certificate of incorporation — Date of application — Notice of intention to apply on a particular date — Application on later date — Whether effective — Whether proceedings invalidated — Duty of Registrar-General — Appeal to Judge in chambers — Function of Judge — Companies Act 1938 (No. 4602), secs. 26 (8) (a), 392 (1), (2), 394 (3).

Arbitration — Insurance policy containing arbitration clause — Whether policy extended — Whether difference "arising out of policy" — Stay of proceedings — Arbitration Act 1928 (No. 3637), sec. 5.

Vendor and purchaser — Contract of sale — Condition as to payment by purchaser of vendor's costs and expenses in relation to agent's commission — Whether condition void — Property Law Act 1928 (No. 3754), sec. 42 (3).

Will — Construction — Gift to beneficiaries "if needed" — Whether void for uncertainty — Annuity charged on whole of estate — Whether implied direction to accumulate surplus income after payment of annuity — Property Law Act 1928 (No. 3754), sec. 164.

Trustees — One incapable of acting — Appointment of remaining trustee as sole trustee — Inherent jurisdiction of the Court — Factors which Court will consider in executing its power — Trustee Act 1928 (No. 3792), secs. 37, 41.

Justices — Evidence — Offence punishable summarily — Cross-examination of defendant as to prior convictions — Admissibility — Crimes Act 1928 (No. 3664), sec. 432.