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Cases reported in this volume of the Victorian Reports
"Police Offences Statute 1865" (No. 265), sec. 32 — Summons for illegal detention — By what justice to be heard — "Justices of the Peace Statute 1865" (No. 267), sec. 11.
"The Dog Act 1864" (No. 229), sec. 15 — Jurisdiction of justices.
"Local Government Act 1874" (No. 506), secs. 155, 160, 173 — Removal of officer — Mandamus to pay salary.
Master and Apprentice — Death of one of two joint masters — Determination of agreement.
"Police Offences Statute 1865" (No. 265), sec. 32 — Summons for illegal detention — By what justice to be heard — "Justices of the Peace Statute 1865" (No. 267), sec. 11.
Insurance — Condition precedent to action — Adjustment — Arbitration — Concealment — "County Courts Statute 1869" (No. 345), sec. 120 — Time for appeal.
Recovery in action — Money paid between the parties — Payment into Court — Costs part of damages.
"Statute of Wrongs 1865" (No. 251), sec. 7 — Publishing malicious libel knowing it to be false — Inquiry into truth thereof — Writing and causing to be written.
"Lands Compensation Statute 1869" (No. 344), sec. 35 — Compensation for compulsory purchase.
"Pounds Act 1874" (No. 478), sec. 14 — Trespass — Premature averment by defendant — Plaintiff to bring defendant within the Act.
Banker — Lien — Deeds — Deposit for safe custody.
"Transfer of Land Statute" (No. 301) — Sections 90, 110 — Purchaser of equity of redemption — Liability personally for mortgage debt.
Jurisdiction — Issue out of Probate jurisdiction sent to be tried at Nisi Prius — Motion for new trial — In what jurisdiction.
Security for costs — Plaintiff resident in New South Wales.
Libel — Action in County Court — No innuendo — Evidence of meaning of words — "County Courts Statute 1869" (No. 345), sec. 120 — Appeal on rejection of evidence.
Sheriff — Execution — Seizure of assets for personal debt of administratrix.
"Local Government Act 1874" (No. 506), secs. 196, 519 — Mandamus to pay audit fees.
"Land Act 1869" (No. 360), sec. 94 — Removing quartz tailings from Crown Lands.
"Scab Act 1870" (No. 370) sec. 67 — Driving sheep into clean district without authority — Sending sheep by train.
"Justices of the Peace Statute 1865" (No. 267), Sec. 73 — Two or more matters in one complaint — Several rates under different Acts — "Local Government Act 1874" (No. 506), Sec. 285.
Power — Lease in excess thereof — Void in toto — Surrender by operation of law.
Surety — Release by laches of creditor — Supineness, without breach of duty — East Indian pension — Assignment — Power of attorney to receive.
Libel — Evidence in mitigation of damages — Previous publication not pointing at the plaintiff — New trial — Previous decisions of the Court, how dealt with.
"Local Government Act 1874" (No. 506), sec. 511 — Obstructing officer of council in removing obstruction from road — Disputed existence of road — Adjudicating justices councillors — Prohibition — Certiorari.
Award — Apparent inconsistency on its face — Bill of exchange given in pursuance thereof.
Supreme Court Rules — Admission of Barristers — Time for notice of application for admission.
"Landlord and Tenant Statute 1864" (No. 192) — Sections 4, 91 — Tenancy under void lease for seven years — Warrant of ejectment after expiration.
"Local Government Act 1874" (No. 506) — Section 253 — Rateable property — Public racecourse — Case stated before final determination by General Sessions — Leave to appeal to Privy Council — Amount involved.
"Criminal Law and Practice Statute 1864" (No. 233) — Sec. 50 — Abduction from motives of lucre, or by fraud — Evidence of contingent interest in property.
Probate — Issue tried before primary judge and jury — Application to Full Court for new trial.
Boundaries — Variance between parcels in conveyance, and marks on land — Public road.
"Police Offences Statute 1865" (No. 265), sec. 32 — Summons for illegal detention — By what justice to be heard — "Justices of the Peace Statute 1865" (No. 267), sec. 11.
"Police Offences Statute Amendment Act" (No. 532) — Sec. 5 — Lottery — Several defendants tried together — Refusal to disclose name of prosecutor.
"Justices of the Peace Statute 1865" (No. 267), section 136 — Order nisi to prohibit — No copy of conviction produced — Practice.
"Local Government Act 1874" (No. 506), sections 420, 422, 426 — Evasion of toll — Jurisdiction of justices in complaint for amount of toll, when gate not passed through.
Charter-party — Small part only of agreed cargo put on board — Duty of shipowner to deliver such part.
Practice — Transfer of case from jury of four to jury of twelve — Costs occasioned by case becoming a remanet.
Statute of limitations — Pleading — No statement of period having completely run since opponent's title accrued.
New trial — Improper admission of evidence — Evidence withdrawn after jury had heard it — Misconduct of jury — Affidavit by dissentient juror.
Libel — Comment upon public appointments — Imputation of unfitness to individual officer, not based upon his public acts.
Practice — Surprise — Amendment — New Trial.
Appeal to Privy Council — Appealable amount — Orders in Council.
Insurance — On merchandise per ship or ships — Election before loss, on what ships to attach — Custom to inform underwriters.
Practice — General verdict for plaintiff — Rule absolute to enter verdict for defendant on a special plea — Judgment signed on new assignment for entire damages.
"Melbourne Building Act," sec. 10 — Conviction for commencing building without notice to surveyor — Penalty without fees — Building not proceeded with.
"County Courts Statute 1869" (No. 345), Sec. 120 — Appeal — Interpleader — Sale note — Possession not taken — Registry.
Attorney — Articled clerk, member of Parliament during articles.
"Police Offences Statute 1865" (No. 265), sec. 32 — Summons for illegal detention — By what justice to be heard — "Justices of the Peace Statute 1865" (No. 267), sec. 11.
"Masters and Servants Statute 1864" (No. 198), section 11 — Servant absenting himself from work — Belief and assertion of right to leave.
"Regulation of Mines Statute 1873" (No. 480), sec. 2 — "Statute of Wrongs 1865" (No. 251) — Accident in mine — Rights of widow and children of miner killed.
Architect's commission — Plans prepared on too expensive a scale.
"Insolvency Statute 1871" (No. 379), sec. 37, subsecs. ii., x.; secs. 69, 71 — Act of insolvency — Fraudulent preference — Transfer of considerable part of property for antecedent debt — Consideration — Further time — Threat of criminal prosecution — Practice — Leave reserved at trial, as restricting motion.
Contract — Impossible to be performed — Breach — Damages.
"Local Government Act 1874" (No. 506) — Section 400 — Obstructing watercourse — Private property.
Cumulative Sentence — Evidence of previous sentence unexpired — Amendment.
"Justices of the Peace Statute 1865" (No. 267) — Secs. 28, 143, 148 — Power of amendment by General Sessions — Alteration of sentence.
"Local Government Act 1874" (No. 506) — Secs. 20, 531 — Separation of borough, apportionment of contribution to existing loan, and adjustment of liabilities, by same Order in Council.
Attorney — Services rendered in obtaining Parliamentary inquiry — No delivery of signed bill of costs — Insolvency pending the result of such services.
"Shires Statute 1869" (No. 358) — Sect. 297 — Absolute liability of Shire Council for not keeping main road in safe condition.
"Justices of the Peace Statute 1865" (No. 267) — Section 135 — Special case from General Sessions on technical objections — No attempt by appellant to go into merits — Reversal of order of General Sessions — Revival of conviction.
Money had and received — Payment under garnishee order in mistake — Recovery from third person — Action before order set aside.
"Local Government Act 1874" (No. 506) — Sec. 253 — Ratability of quarters provided by the Government for a police inspector.
Factor — Position of factor selling after countermand of authority to sell, where debt to him greater than value of goods sold.
"Mining Statute 1865" (No. 291) — Sec. 13 — Right to take up claims over residence areas.
"Police Offences Statute 1865" (No. 265), sec. 32 — Summons for illegal detention — By what justice to be heard — "Justices of the Peace Statute 1865" (No. 267), sec. 11.
Malicious prosecution — Exhibiting articles of the peace.
"Police Offences Statute 1865" (No. 265) — Sec. 17, sub-sec. vi. — Wilful trespass.
"Mining Companies Act 1871" (No. 409) — Section 14 — Service on manager not at office — Company registered under Act No. 228 — "County Courts Statute 1869" (No. 345), section 122 — "Common Law Procedure Statute 1865" (No. 274), section 91 — Service on head officer of corporation.
"Police Offences Statute 1865" (No. 265), sec. 32 — Summons for illegal detention — By what justice to be heard — "Justices of the Peace Statute 1865" (No. 267), sec. 11.
"Land Act 1869" (No. 360) — Unauthorised occupation of Crown land — Evidence — Sealed plans — Evidence Amendment Act (No. 443), sec. 1.
Gunpowder Statute 1864 (No. 196), sec. 18 — Keeping by manufacturer at place other than factory.
Libel — Contradictory trade advertisement.
Wines, &c. Sale Amendment Act (No. 390), secs. 5, 20 — Temporary transfer of license — Application a judicial proceeding — Order to hear, under the "Justices of the Peace Statute 1865" (No. 267), sec. 138.
Bill of exchange — Equitable plea — Contemporaneous agreement not stated to be in writing.
"Insolvency Statute 1871" (No. 379) — Sections 6, 7, 31, 33, 126 — Commitment of insolvent by judge of Court of Insolvency for non-payment of money which he had spent — No period of imprisonment named.
"Melbourne Corporation Act" (No. 178), section 35 — 6 Vict. No. 7, sections 26, 27, 48, 49, 51 — Mayor elect — Election as councillor.
Sale of Goods — Stoppage of delivery by unpaid vendor, who is also a warehouseman.
"Weights and Measures Statute 1864" (No. 215), Secs. 49, 57 — Obstructing inspector — Right to enter post-office.
"County Courts Statute, 1869" (No. 345), Secs. 83, 84 — Second commitment for same debt.
"Abattoirs Statute" (No. 356) — Section 36 — Possession of skin with defaced brand — Surface brand on wool.
"Regulation of Mines Statute 1873" (No. 480) — Section 5, subsection xi. — Contravention of rules — Liability of legal manager.
"Mining Companies Limited Liability Act 1864 Amendment Act" (No. 324) — Section 9 — Liability of member of unregistered company — Contract of manager.
Appeal to Privy Council — Amount at issue — Interest on judgment.
Statute of Frauds — Agreement concerning land — Agreement not to lodge caveat against registration — Authority to state accounts.
"The Inebriates Act 1872" (No. 449) — Sections 5, 6, 7 — Invalid warrant — False imprisonment — Order not set aside before action.
"Justices of the Peace Statute Amendment Act" (No. 319) — Sect. 2 — Affidavit of service of summons — Service not personal.
"County Courts Statute 1869" (No. 345) — Section 53 — Service of copy of summons.
Admission of attorneys — Rule 37 of 1865 — Certificate delivered before the time prescribed — Splitting examinations.