Landlord and tenant — Rent control — Lease of premises and goodwill of business — Weekly payments reserved by lease in excess of fair rent of premises — Whether lessees bound to pay more than fair rent — Landlord and Tenant Act 1948 (No. 5264), secs. 12, 23, 31.

Landlord and tenant — Recovery of possession — Notice to quit — On ground that premises required for occupation of lessors — One only of two co-lessors a protected person — Two only of six co-tenants protected persons — Neither "lessor" nor "lessee" protected — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5)(g), 72 (5), (8).

Administration and probate — Grant of letters of administration obtained by fraud — Death of grantee — Application for revocation of grant and for fresh grant of administration — No administration of estate by original grantee — Whether Court should revoke original grant or make grant to fresh applicant — Letters of administration de bonis non granted.

Evidence — Negligence — Road collision — Cross-examination — Reference to defendant being insured.

Marketing of primary products — Eggs — Sale by Victorian producer to New South Wales purchaser and carriage to New South Wales under such sale — Whether such eggs are required by producer for purposes of interstate trade, commerce and intercourse — Conversion of eggs — Whether action will lie against producer at suit of Marketing Board — Marketing of Primary Products Act 1935 (No. 4337), sec. 16 — Marketing of Primary Products Act 1940 (No. 4750).

Workers' Compensation — Death — Application by personal representative of deceased on behalf of widow of deceased — Deceased at time of death in her employ — Widow respondent to application — Whether Workers' Compensation Board precluded from making award.

Criminal law — Evidence — Murder — Charge to jury — Misdirection — Statement by trial judge that "there is not a shred of evidence to support" suggestion on behalf of accused — Whether jury would regard this statement as preventing them from considering suggestion — Whether misdirection to tell jury to take into account what they saw during view of scene of murder — Proof of identity of accused — Evidence tendered of articles found near scene of murder and in accused's home — Allegation that articles the result of robberies committed by accused — Whether trial judge should warn jury that such evidence not to be used to show accused of bad character and likely to commit crime with which charged.

Will — Charity — Preaching of the Gospel — Independently of recognised Churches — Validity — Whether essential to trust that it be carried out by designated persons.

Company — Practice — Action in name of company — Without consent of company — Practice to be followed — Rules of Supreme Court 1938, Order XVI, rr. 11-12; Order XIX, r. 27; Order XXV, r. 4.

Will — Construction — Gift of business — Whether real estate included — Gift of moneys which belong for business — Advances by bank for business purposes — Secured by Treasury bonds — Whether bonds within gift.

Will — Construction — Bequest of "my business of a hairdresser and tobacconist ... and all book debts owing to me in respect of my said business and the benefit of all contracts relating thereto" — Testator letting on hire goods and equipment for use in hairdressing saloons and tobacconist shops — Whether instalments of hire since testator's death fall within bequest of book debts of business and benefit of contracts — Whether State Savings Bank deposit stock and bank account in State Savings Bank are "moneys on fixed deposit with any bank" — State Savings Bank Act 1928 (No. 3777), sec. 54.

Trusts — Life estate in realty with direction to trustees to keep in repair — What portion of estate should bear cost of recurring repairs — Trust for sale but no express power of management pending sale — Whether power should be implied and how cost of repairs should be borne — Whether trustees have power to make improvements.

Practice — Costs — Taxation — Divorce — Witness expenses of wife-petitioner residing outside Victoria and travelling to Melbourne to attend hearing of petition — Review of Taxing Master's discretion — Principles guiding Judge on review — Rules of the Supreme Court 1938, Order LXV.

Landlord and tenant — Protected person — Female dependent on pension — Which payable in consequence of incapacity of former member of forces — Who served during 1914-18 war — Landlord and Tenant Act 1948 (No. 5264), secs. 71, 72.

Contract — Agreement for new lease — Partly verbal — Specific performance — Part performance — Continuance in possession and additional payment of rent and rates — Whether sufficient part performnace to let in parol evidence of agreement.

Benefit associations — Funeral benefits — Scheme for — Which not sole or principal business of solvent company — Company not a benefit association — Contracts with contributors — Not life policies — Whether State Act inconsistent with Commonwealth Act — Unlawful for company to carry out obligations under contracts — Benefit Associations Act 1951 (No. 5577), secs. 2-4, 26 (2) — Life Insurance Act (Cwlth.) (No. 28 of 1945), sec. 4.

Police offences — Painting on building without consent of occupier or of owner — Whether onus of proving lack of consent rests on prosecution — Police Offences Act 1928 (No. 3749), sec. 5 (10).

Criminal law — Unlawful possession — Conviction set aside on appeal — Claim by defendant for delivery of possession of articles concerning which charge laid — Refusal by justices of claim — Proof that claimant was in lawful possession of articles — Onus — Police Regulation Act 1928 (No. 3750), sec. 80.

Evidence — Ex parte motion — Inadmissible evidence — Whether Judge should reject from his consideration such evidence if it is not irrelevant nor prohibited by any absolute rule of law.

Administration and probate — Alleged revocation of earlier by later will — Later will missing — Proof of contents by testamentary drafts and statements by deceased's solicitor — Sufficiency of proof of contents and revocation.

Melbourne Harbor Trust — Regulation — Prohibition of smoking in a shed — Whether ultra vires Melbourne Harbor Trust Commissioners — Extra-territoriality of regulation — Melbourne Harbor Trust Act 1928 (No. 3733), secs. 63, 138.

Wrongs — Tortfeasors — Claim for death or bodily injury — Unidentified vehicle — Joinder of nominal defendant — Third party notice — Application for leave to issue — Wrongs (Tortfeasors) Act 1949 (No. 5382), sec. 2(1)(c) — Motor Car Act 1951 (No. 5616), sec. 47.

Real property — Husband and wife — Matrimonial home vacated by husband — Husband sole proprietor — Wife remaining in matrimonial home — Sale by husband — Purchaser seeking possession — Whether wife's right protected.

Divorce — Desertion — Expulsive words — Whether constituting constructive desertion.

Patent — Grant by patentee of exclusive licence — Not amounting to assignment — Breach thereof by patentec — Assisted in breach by employees — With notice of breach — Employees acting within scope of authority — Not conspiring to injure licensee — Acquiring no property in articles made in breach of licence — Action for injunction against employees — By licensee in own name — Whether action lies.

Conciliation and arbitration — Election of union official — Conducted pursuant to statutory authority — Whether election can be challenged — Where election wrongly conducted — Action for remedy based on contract — No jurisdiction in Supreme Court — Conciliation and Arbitration Act 1904-1951 (Commonwealth), Part VI, Div. 3.

Hire-purchase — Agreement — Proceedings for avoidance and rescission — Payment into Court with denial of liability — Acceptance of amount paid in — Effect of — Estoppel — Fresh action by hirer — Claim for repayment of money paid under hire-purchase agreement — Payment into Court and acceptance in former action pleaded as a defence — Different causes of action — Practice — Summons — Hire-Purchase Agreements Act 1936 (No. 4428), sec. 3 — Supreme Court Rules, Order XXV, r. 2; Order XXII, rr. 1 and 2.

Supreme Court — Library — Whether litigant in person entitled as of right to use library — Power of committee of library to exclude litigant in person — Supreme Court Act 1928 (No. 3783), sec. 25 (f) — Legal Profession Practice Act 1946 (No. 5182), sec. 59.

Will — Revocation — Dependent relative revocation — Tearing up of second will by testator — Whether act of revocation must be solely referable to intention to revive first will.

Landlord and tenant — Protected person — Application for possession of dwelling-house — Alleged to be about to become unoccupied — Necessary to prove about to become unoccupied or unoccupied — Both at dates of service and of hearing — Same fact need not exist on both dates — Premises in fact unoccupied — Application not invalid because alleged about to become unoccupied — Whether proof required of precise date upon which about to become unoccupied — Landlord and Tenant Act 1948 (No. 5264), secs. 73 et seq.

Husband and wife — Married women's property — Summons under Married Women's Property Act — Whether Judge may order sale of property in dispute — Married Women's Property Act 1928 (No. 3727), sec. 20.

Divorce — Adultery — Condonation — Subsequent desertion by respondent but desertion not continuing for three years — Whether adultery revived by desertion so as to provide ground for decree — Adultery of petitioner — Exercise of Court's discretion in favour of petitioner.

Divorce — Adultery — Standard of proof — Marriage Act 1928 (No. 3726), secs. 76, 80, 86.

Police offences — Unlawful games — "Skill-ball or any similar game" — Housey-housey not similar — Police Offences Act 1928 (No. 3749), sec. 93 — Police Offences (Unlawful Games) Act 1944 (No. 5001), sec. 2.

Justices — Order to review — "Person aggrieved" — Expression refers to legal position, not state of mind — Justices Act 1928 (No. 3708), sec. 150.

Criminal law — Wounding with intent to murder — Unlawfully and maliciously wounding with intent to do grievous bodily harm — Lawful excuse in respect of each charge compared — Principles applicable irrespective of relationship — Provocation — What amounts to — Crimes Act 1928 (No. 3664), sec. 8.

Negligence — Motor vehicle collision — Collision during daytime between plaintiff's car and defendant's unattended truck parked on opposite side of road — Defendant's truck facing in wrong direction, parked at an angle and some feet out from kerb — Whether any evidence of negligence on part of defendant — Whether in any event contributory negligence on part of plaintiff.

Workers' compensation — Injury by accident — Auricular fibrillation occasioning death — Onset unexpected and not designed by worker — Workers' Compensation Act 1951 (No. 5601), secs. 3, 5, 8.

Marriage — Incomplete religious ceremony — Whether parties validly married — Marriage Act 1928 (No. 3726), sec. 25.

Mortgage — Transfer of Land Act — Mortgagee in possession — Whether suit by mortgagor to recover possession is "a suit to redeem the mortgage" within meaning of sec. 300 of Property Law Act 1928 — First mortgagee in possession of land for over fifteen years without acknowledgment — Whether rights of mortgagor and subsequent mortgagee extinguished — Transfer of Land Act 1928 (No. 3791), secs. 87, 149, 156; Property Law Act 1928 (No. 3754), secs. 300, 301.

Landlord and tenant — Prohibition in lease — "Tenant shall not sub-let" — Lessor's refusal to consent to sub-lease — Application for declaration that consent unreasonably withheld — Property Law Act 1928 (No. 3754), sec. 144.

Landlord and tenant — Recovery of possession — Ground of notice to quit — That premises occupied in consequence of employment — Meaning of "occupied" — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (k).

Landlord and tenant — Rent paid in excess of rent allowed by Landlord and Tenant Act — Recovery by lessee of excess rent — "Sum paid on account of any rent, being a sum which by virtue of" Part II of Landlord and Tenant Act "would have been irrecoverable by the lessor" — Meaning — Landlord and Tenant Act 1948 (No. 5264), secs. 12, 23, 24.

Divorce — Collusion — Onus of proof — Adultery — Respondent's solicitor providing information to enable evidence of existing adultery to be found — Co-respondent providing money for conduct of suit — Petitioner agreeing not to claim damages or custody of child — Marriage Act 1928 (No. 3726), secs. 82, 83, 86, 92, 93 (1), iii — Divorce Rules 1949, rule 3 (13).

Criminal law — Indictment for assault with intent to rape — Whether verdict of indecent assault available as alternative verdict — Verdict of common assault substituted — Crimes Act 1928 (No. 3664), sec. 595 (2).

Criminal law — Breaking and entering with intent to commit felony — Previous conviction for being found on premises without lawful excuse on same occasion — Plea of autrefois convict — Whether previous conviction for the same offence.

Melbourne Harbor Trust — Regulation — Permit required to remove goods — Offence — If permit does not contain complete and accurate record — "Whether omission or . . . inaccuracy caused intentionally, by mistake, inadvertently, or however otherwise" — Defendant innocent or wrongful intention — Whether regulation intra vires — Melbourne Harbor Trust Act 1928 (No. 3733), secs. 61, 138.

Administration and probate — Testator's family maintenance — Application to extend time within which to apply for further provision out of estate — So-called "manifest injustice" which would be incurred by applicant if extension not granted — Whether a proper matter for Court's consideration — Lapse of three and a half years from grant of probate before application for extension — Whether delay excusable.

Health — Evidence — Prosecution — For selling adulterated meat — Analyst's certificate — Whether prim facie evidence — Health Act 1928 (No. 3697), secs. 242, 271 (f), 381 (1), 383(c).

Divorce — Collusion — Onus of proof — Adultery — Petition for judicial separation — Amendment to petition for divorce — Respondent's request — Agreement regarding dwelling-house — Lack of sincerity — Agreement not to defend — Concealment of facts — Marriage Act 1928 (No. 3726), secs. 82, 83, 86, 92, 93 (1), 111, 115 — Divorce Rules 1949, rule 3 (13).

Criminal law — Infanticide — Nature of offence — Charge to jury — Evidence of accused's good character — Use to which such evidence should be put — Time at which a child is fully born — Crimes Act 1949 (No. 5379), sec. 4.

Practice — Trial by jury — Right to — Claim comprising both legal and equitable relief — Cause or matter within the cognizance of the Court in its equitable jurisdiction — Rules of the Supreme Court 1938, Order 36, r. 3.

Landlord and tenant — Recovery of possession — Notice to quit on face invalid — Defendant may admit validity — Hardship — Of "any other person" — Status in relation to premises relevant — Landlord and Tenant Act 1928 (No. 3710), sec. 72 — Landlord and Tenant Act 1948 (No. 5264), sec. 45.

Real property — Restrictive covenants — Action to restrain breach — Plaintiff not original covenantee — Benefit of covenant not assigned — Restriction unenforceable unless benefit annexed to land — Where benefit annexed to larger area including plaintiff's land — Unenforceable if annexation to larger area as a whole — Laches or acquiescence — Estoppel against proving existence of rights — Matters which must be proved.

Licensing — Disposal of liquor — "Two or more persons on licensed premises prim facie proof of" — Effect of — Presumption of fact, not law — Burden of proof — Licensing Act 1928 (No. 3717), secs. 178, 181, 182, 183.

Landlord and tenant — Protected person — Application for possession — "Dwelling-house" — Meaning of term — Order to review — Whether magistrate considered certain matters — What inference appellate tribunal may draw — Hardship to owner — What may constitute — Landlord and Tenant Act 1948 (No. 5264), secs. 2 (1), 73, 75 (1).

Evidence — Inspection by tribunal — When tribunal may act thereon.

Criminal law — Unlawfully, wilfully and publicly exposing naked person — "Publicly" — Whether sufficient if where act occurs only one person actually sees and other people are in a position to be able to see it — Necessity for intention of accused to expose himself indecently.

Railways — Action for damages against Railways Commissioners — Limit on damages recoverable against Commissioners as carriers of passengers — "Two thousand pounds sterling" — Meaning — Railways Act 1928 (No. 3759), sec. 205.

Currency — "Two thousand pounds sterling" — Whether Australian or English pounds.

Landlord and tenant — Recovery of possession — Assignment without consent — Oral weekly tenancy — Whether assignment must be proved to be in writing — Premises reasonably required by lessor for occupation by himself and his wife and son — Whether ground so stated in notice to quit a valid ground — Duplicity of notice — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5)(g), (n) — Property Law Act 1928 (No. 3754), sec. 53.

Prices regulation — Overcharging — Declared goods — Bread — Declaration of "bread of all kinds and descriptions ... whether or not made in accordance with Bakers and Millers Act 1928, and whether or not sold or offered for sale under any trade name, description or brand" — A Z Health Bread sold under that name and containing ingredients other than those permitted by Bakers and Millers Act 1928 — Whether A Z Health Bread within declaration — Prices Regulation Act 1948 (No. 5310) — Bakers and Millers Act 1928 (No. 3641), secs. 3, 4.

Practice — Writ not served — Application by defendant — To enter conditional appearance gratis — Leave may be granted — Rules of the Supreme Court 1938, Order LXXII, r. 2.

Wrongs — Practice — Costs — Running-down action — Both parties to blame for accident — Major negligence that of defendant — Wrongs (Contributory Negligence) Act 1951 (No. 5594), sec. 3.

Landlord and tenant — Prescribed premises — Recovery of possession — Relative hardships of parties — Exercise of magistrate's discretion — Principles applicable on order to review — Owner seeking possession of premises in order to live therein — Not in rle of suppliant — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5)(g)(i), 45 (1), 49 (2).

Licensing — Prosecution — Of persons other than secretary of club — For unlawful supply of liquor — Exception in case of bon fide travellers or lodgers — Informant must prove exception — Licensing Act 1928 (No. 3717), secs. 160, 250, 266 (2).

Constitutional law — Bill to alter electoral districts of Legislative Assembly — Whether an alteration of the Constitution — Whether absolute majority of each House of Parliament required to pass bill — Presentation of bill for royal assent — Whether Supreme Court has jurisdiction to make declaration that it was contrary to law to obtain royal assent — The Constitution Act (18 & 19 Vict., c. 55, sch. 1), secs. LX, LXI, sch. D, Pt. III — The Constitution Act Amendment Act 1928 (No. 3660), sec. 17 — Constitution (Reform) Act 1937 (No. 4533), sec. 4 — Parliamentary Salaries and Allowances Act 1948 (No. 5296), sec. 3.

Innkeeper — Liability as insurer of bailee's goods — Person booking in advance accommodation at inn for a definite period, subsequently arriving at inn claiming accommodation booked and being received by innkeeper on terms of prior contract — Whether such person a "guest" at common law — Whether innkeeper liable for loss by theft of person's goods while staying at inn.

Negligence — Innkeeper — Placing of inmates' property in locked safe kept in locked office — Front door of hotel not locked at night — Theft of safe and contents at night by thieves using hand trolley and motor truck and forcing office window — Whether innkeeper guilty of negligence.

Practice — Interrogatories — Answers from deponent's knowledge, information and belief — Whether deponent bound to enquire from person not his servant or agent.

Licensing — Unregistered club — Offences — Authorizing supply of liquor — Liquor kept for supply — Meaning of terms — Licensing Act 1928 (No. 3717), sec. 265.

Negligence — Level-crossing collision between train and vehicle — Duty of driver of vehicle — Duty of Railways Commissioners and their employees — Direction to jury — Appeal — Interference by appellate court with amount of damages awarded — Parties to be heard on appeal where one of several defendants appeals.

Crown — Commonwealth Hostels Ltd. — Whether representing Crown in right of Commonwealth — Whether migrants who occupy hostels managed by Commonwealth Hostels Ltd. are tenants or lodgers — Whether Prices Regulation Act 1948 (No. 5310) binds Crown.

Costs — Taxation — Crown counsel — Who salaried officers and received no separate fee — Fees not vouched by counsel's signature — Must be disallowed — Rules of the Supreme Court 1938, O. LXV, r. 27 (52).

Divorce — Adultery — Revival of condoned adultery — Joinder of co-respondent — Co-respondent not party to fresh adultery — Whether order dispensing with joining co-respondent should be made — Marriage Act 1928 (No. 3726), sec. 79 (1).

Divorce — Petition under Commonwealth Act — Whether respondent may counter-petition — Although not resident in Victoria for one year — Matrimonial Causes Act 1945 (Commonwealth) (No. 22 of 1945), secs. 3 (1), 10, 11.

Evidence — Of accomplices and similar persons — Rule as to obligatory warnings — Nature, limitations and proper application — Accomplice — What constitutes — Voluntary or "optional" warnings — Circumstances in which given — Offence of selling or delivering declared commodity — Prosecution need not prove exceptions — Guilty knowledge irrelevant — Marketing of Primary Products Act 1935 (No. 4337), sec. 19 (c).

Criminal law — Practice — Jury — Juror becoming ill and incapable of acting as juror after being empanelled — Whether jurors already empanelled should be discharged and new jury empanelled — Juries Act 1928 (No. 3707), sec. 76.

Evidence — Murder — Defences of accidental death and/or self-defence — Accused's state of mind — Whether evidence admissible of relationship existing between deceased and accused and between deceased and members of his family and of incidents which had occurred between deceased and such persons — Accused's knowledge of such incidents.

Insurance — Fire Policy — Premises destroyed by fire after sale and payment of part of price — Unpaid vendor — Claim by purchaser for reinstatement of buildings — Liability of insurer — Supreme Court Act 1928 (No. 3783), sec. 67.

Company — Debentures — Appointment of receiver for debenture holders — Company becoming defunct — Assets becoming realizable — Sale by receiver — Company restored to register — Fund remaining in hands of receiver — Whether second debenture holders entitled thereto — Statute of Limitations — Practice — Service on company — Companies Act 1938 (No. 4602), secs. 92 (1) (c), 93, 295 (6), 388 — Rules of the Supreme Court, 1938, Order IX, r. 6 — Companies Rules 1938, r. 18 — Conveyancing Act 1915 (No. 2633), secs. 38, 42 (8) — Supreme Court Act 1928 (No. 3783), secs. 82 (1) (b) (i), 83 — Property Law Act 1928 (No. 3754), secs. 296, 301, 304, 305.

Criminal law — Bigamy — Exemption from criminal liability — Absence of spouse from accused for seven years — Onus of proof — Honest and reasonable belief by accused that spouse absent for seven years — Whether a defence — Knowledge by accused that spouse living — Meaning of knowledge — Crimes Act 1928 (No. 3664), sec. 61.

Criminal law — Evidence — Character of accused — Evidence of own bad character brought out by accused — Whether jury should be discharged.

Criminal Law — Bailment — No delivery of chattels by the bailor to the bailee — No token delivery — Larceny as bailee not proved.

Administration and probate — Testator's Family Maintenance — Application for maintenance to be made "within six months after the date of the grant of probate" — Application made within six months of date of issue of probate to executors but more than six months after endorsement of "grant" on praecipe for probate by Registrar of Probates — Whether application made in time — Administration and Probate Act 1928 (No. 3632), sec. 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 6.

Criminal law — Practice — Unfitness to plead — Onus of proof.

Criminal law — Felony — Conduct of trial — Violent conduct of accused — With intention of preventing trial being held — Removal from Court — Continuance of trial — Trial not invalid.

Local Government — Capacity to act as a councillor — Councillor member of partnership and later shareholder in limited company of twenty members entering into contracts for work with council — "No person ... concerned or participating in any manner whether directly or indirectly in any contract with any municipality or in any work to be done under the authority of any such council or in the profit of such contract or work ..." — Company formed by councillor for purpose of enabling continuance of contracts with his business — Company later increased to twenty-four members — Councillor managing director — Whether councillor incapacitated from acting — Action brought by another councillor to recover penalty for defendant's sitting while incapacitated — Certain offences committed more than one year before issue of writ — Whether action barred in respect of such offences — Local Government Act 1946 (No. 5203), secs. 53, 54, 56 — Supreme Court Act 1928 (No. 3783), secs. 81, 82.

Practice — Appeal to High Court from judgment of Supreme Court — Where execution stayed — Application to remove stay — Cannot be made to Supreme Court or Judge thereof — Unless so referred by Chief Justice of High Court — High Court Rules 1952, Order 70, r. 12.

Divorce — Domicil — Proceedings under Commonwealth Matrimonial Causes Act 1945 — Jurisdiction exercisable in accordance with law of domicil — Meaning — Whether domicil at time suit initiated or decree pronounced — Matrimonial Causes Act 1945 (Commonwealth), secs. 10, 11.

Police offences — Rogue and vagabond — In enclosed garden without lawful excuse

Peeping Tom — Whether guilty of offence — Police Offences Act 1928 (No. 3749), sec. 72 (13).

Negligence — Road collision — Defendant's failure to give evidence — Inference that negligence thereby rendered more probable — Circumstances in which no case to go to jury — Contributory negligence — Onus on defendant — Adequacy of charge to jury.

Will — Trust — Tenant for life and remainderman — Whether moneys received by trustees are corpus or income — Wool realization profits from Government scheme — Reversionary estate receivable under will of another — No express trust for conversion — Application of rule in In re Chesterfield's Trusts — Power of trustees to determine whether moneys capital or income — Validity of power.

Will — Gift to such of sons as living at date of death — Testatrix predeceased by one son — Whether issue of deceased son takes interest — Whether contrary intention appears in will — Wills Act 1928 (No. 3803), sec. 31; Wills (Amendment) Act 1947 (No. 5213), sec. 2.

Administration and probate — Practice — Proof of will in solemn form — After grant of probate — On application by executor.

Public Trustee — Advice to — Addition to advice — Public Trustee Act 1939 (No. 4654), sec. 63.

Workers' compensation — Worker injured because of negligence of stranger — While working in course of employment — Worker an infant — Award made by Workers' Compensation Board — Without worker's authority or that of next friend — Moneys received from employer's insurers — Without knowledge that compensation — Whether damages may be recovered from stranger — Workers' Compensation Act 1928 (No. 3806), sec. 16; Workers' Compensation Act 1951 (No. 5601), sec. 62.

Divorce — Adultery — Petition by husband — Cross-petition by wife — Allegations in petition and counter-petition proved — Exercise of discretion — No judicial preference for either party — Discretion exercised in favour of both petitioner and respondent — Decree on petition and on counter-petition — Marriage Act 1928 (No. 3726), sec. 84.

Company — Proprietary company — Memorandum of association — Objects of company as contained in objects clause (inter alia) to manufacture and import agricultural machinery, and to borrow or raise money — Clause in memorandum prohibiting company from receiving deposits except from members or shareholders — Desire of company to issue unsecured loan stock to be taken up by financing institutions — Scheme of arrangement between company and shareholders interpreting clause in memorandum as prohibiting invitation to public to deposit money with company — Whether Court should sanction scheme of arrangement — Procedure — Order convening meeting of shareholders directing notice of meeting to be sent by prepaid post to shareholders at registered addresses — Notices delivered by hand to shareholders or left by hand at their offices — Whether order complied with — Companies Act 1938 (No. 4602), secs. 3, 4 (6), 6, 26 (1) (a) (iv), 153.

Detinue — Will — Construction — Gift of "household effects" — Motor car.

Vendor and purchaser — Amount representing share in cost of paving — "Becomes due" upon completion of work — Rate certificate — Absence therefrom of all reference to such amount — Both vendor and purchaser relieved from any liability for such amount — And subject land relieved of any charge — Local Government Act 1946 (No. 5203), secs. 385, 590 — Property Law Act 1928 (No. 3754), sec. 49.

Trustee and cestui que trust — Administration — Overpayments of income to beneficiaries — Trustees also beneficiaries — Overpayments made on legal advice — Right of trustees to impound future income in order to recover overpayments — Beneficiary married woman — Gift of income without power of anticipation — Whether right to recoup overpayment out of income already due and held by trustees.

Divorce — Nullity — Practice — Incapacity of petitioner — Appointment of medical inspectors — Dispensing with such appointments — Marriage Act 1928 (No. 3726), sec. 109 — Divorce Rules, rr. 133, 152, 154.

Licensing — Liquor drunk on premises on Sunday — No offence where licensee believes "every person" drinking a bon fide traveller — Whether licensee must direct attention to every person individually — Licensing Act 1928 (No. 3717), secs. 178, 183 (1) (b).

Justices — Procedure — Information and summons — Service of original summons instead of copy — Filing of copy — Whether Court has jurisdiction to hear matter — Justices Act 1928 (No. 3708), secs. 20 (1), 23.

Landlord and tenant — Dwelling-house — About to become unoccupied — Concurrent lease — Owner under concurrent lease intending to go into occupation — Refusal of application by protected person — Landlord and Tenant Act 1948 (No. 5264), secs. 74 (4), 75 (5) — Landlord and Tenant (Amendment) Act 1948 (No. 5291), sec. 13.

Will — Construction — Administration — Statement in will — "XI. in the S. Bank towards costs and expenses" — Whether Federal estate duty, State probate duty, debts, funeral and testamentary expenses payable out of such sum — Estate Duty Assessment Act 1914-1950 (No. 22 of 1914 — No. 80 of 1950), sec. 35.