ROWAND v. THE EQUITY TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED22 VLR 1
Landlord and tenant — Lease — Executor of deceased lessee — Personal liability — Equitable assignment of lease.
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Cases reported in this volume of the Victorian Reports
Landlord and tenant — Lease — Executor of deceased lessee — Personal liability — Equitable assignment of lease.
Stamp duty — Settlement or gift, deed of — Mortgage — Debenture — Trust deed — Stamps Acts 1890 (No. 1140), ss. 32, 71; 1892 (No. 1274), ss. 4, 24, Schedule, Division viii.
Police Offences Act 1891 (No. 1241) ss. 7, 9 — Written information or complaint, absence of — Objection — Waiver — Jurisdiction of justices.
Local Government — Rate — Exemption — Land vested in Melbourne and Metropolitan Board of Works — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), ss. 60, 131, 143, 148 — Local Government Act 1890 (No. 1112), s. 246.
Practice — Appeal — Judgment in default of pleading — Rules of Supreme Court 1884 — Order XXVII., Rule 15.
Transfer of Land Act 1890 (No. 1149), ss. 19, 21, 26 — Real Property Act 1864 (No. 140) — Real Property Act 1890 (No. 1136), s. 43 — Land Act 1890 (No. 1106), s. 17 — Transfer of land — Title — Adverse possession — Certificate of title.
Revenue — Stamp duty — Deed of assignment for benefit of creditors — Deed of gift or settlement — Stamps Act 1890 (No. 1140), ss. 70 (3), 71; 1892 (No. 1274), ss. 24, 30, Schedule, Division viii. (1).
Companies Act 1890 (No. 1074), ss. 90, 97, 119 (ix.), 146, and 147 — Voluntary winding-up — Transfer of business and property to new company — Power of liquidator to call up uncalled capital — Uncalled capital — Liquidator — Injunction to restrain transfer.
Insolvency Act 1890 (No. 1102), ss. 139, 11 — Certificate of discharge — Dispensing with condition of payment of 7s. in the pound — Considerations guiding the Court in dispensing with such payment — Speculation in shares — Statement by Judge of Insolvency Court of reasons for making order.
Building society — Withdrawals — Discontinuance of Membership — Priorities.
Practice — Default of pleading — Judgment — Setting aside judgment — Effect of representative order — "Rules of Supreme Court 1884" — Order XXVII., rr. 11, 15.
Police Offences Act 1890 (No. 1126), ss. 49, 91 (iii.), 99, 100 — Justices Act 1890 (No. 1105) s. 77 (1) — Betting — "Using place for purpose of" — Totalisator — Conduct of prosecution — Inspector — Informant.
Will — Probate — Attestation clause — Witnesses' names — Due execution — Affidavit — Wills Act 1890 (No. 1159), s. 7.
Marriage Act 1890 (No. 1166), s. 86 — Divorce — Adultery — "Wilful neglect or misconduct" of petitioner.
Crimes Act 1891 (No. 1231), ss. 34, 35 — Evidence — Joint indictment and trial — Admissibility of evidence of one prisoner against the other.
Criminal Law — Forgery — Intent to defraud.
Public Service Act 1890 (No. 1133), ss. 27, 121 — Officer in Education Department — Female teacher — Dismissal — Notice of dismissal — Officer of Her Majesty.
Company — Contributory — Surrender of shares — Acquiescence of shareholders in act of directors — Forfeiture.
Principal and agent — Commission — Introduction of purchaser.
Principal and agent — Commission — Contract — Authority to sell for a sum "clear."
Practice — Taxation of costs — "Rules of the Supreme Court 1884" — Order LX V., r. 27 (8) — Separate defences where same solicitor — Common interest of defendants — Costs of separate counsel — Review of taxation.
Justices of the Peace — Order to review — The Justices Act (No. 1105), ss. 72, 77 (sub-s. 17), 89 — Infant complainant — Jurisdiction to award costs.
Articled clerk — "Office" — Leave to act as executor during articles — "Rules of Supreme Court, 26th November, 1892" — English practice.
Practice — Review of taxation — Premature preparation and delivery of briefs — Separate actions by different plaintiffs against same defendants — Copies of briefs — Costs.
Insolvency Act 1890 (No. 1102), ss. 79, 80 — Costs — Liabibity of assignee of insolvent to pay costs of action commenced by insolvent.
Income Tax — Income Tax Act 1895 (No. 1374), s. 44(1) — Contract to shift burden or incidence of income tax.
Practice — Costs — Attendance, allowance for — Mortgagee, solicitor, costs of — Disbursements — Review of taxation.
Negligence — Servant — Evidence — Instrument.
Principal and agent — Contract by agent — Authority — Ratification or adoption — Penalty — Performance — Reasonable terms — "Ostensible authority."
Police Offences Act 1890 (No. 1126), ss. 37, 89 — Gaming — Information — Conviction — Duplicity — "Sell or dispose" — Second offence — Justices — Jurisdiction.
Vermin Destruction Act 1890 (No. 1153), ss. 14, 15 — Mortgage — Notice — "Owner" — "Occupier" — Penalty.
Stamp duty — Settlement or gift, deed of — Deed of revocation and declaration of new trusts — Stamp Acts 1890 (No. 1140), s. 71; 1892 (No. 1274), Schedule, Division viii.
Local Government Acts 1890 (No. 1112), ss. 163, 238; 1891 (No. 1243), s. 42 — Common Law Procedure Act 1865 (No. 274), s. 229 — Municipal auditor — Remuneration — Remedy for non-payment — Mandamus.
Public Service Act 1890 (No. 1133), ss. 70, 74, 77, 78 — Public servant — Classification — Break in service — Teacher — Service.
Landlord and tenant — Trade fixtures — Removal — New tenancy — Term — Tenancy at will — Mortgage — Consent by mortgagee — Lease — Registration — Transfer of Land Act 1890 (No. 1149), ss. 99, 119.
Contract, breach of — Measure of damages — Loss of profits.
The Joint Stock Companies Arrangement Act 1870, s.2 — Scheme of arrangement sanctioned by English Court, how far binding on Victorian creditors — Lex loci contractus — Company — Winding up — Private international law.
Local Government. Act 1890 (No. 1112), ss. 276, 277 — Rates — Appeal against valuation — Notice of appeal — Signature of notice by agent.
"Rules of the Supreme Court 1884" — Order XVI., r. 14 — Order LXX., r. 1 — Registration of Firms Act 1892 (No. 1256), ss. 4 (b), 9, 13 (1) — Practice — Writ — Person suing in firm-name — Amendment.
Bill of exchange — Indorsement, erasure of — Constructive delivery — Bill lodged with bank for collection — Mistake of name in indorsement.
Company — Winding up — Contributory — Sale of shares — Transfer not registered — Estoppel.
Mines Act 1890 (No. 1120), s. 10 — Mining claim — Abandonment — Champerty — Registration, including portion of land the title to which is not in dispute — Cancellation of whole registration.
Juries Act 1890 (No. 1104), s. 88 — Juryman — Bias — Challenge of juror.
Licensing Act 1890 (No. 1111), s. 143 — Offence — Conviction — Evidence.
Gaming and wagering — Warrant to arrest person in gaming house — Information — Jurisdiction of justices — Police Offences Act 1890 (No. 1126), ss. 51, 57, 67, 68.
Divorce — Adultery — Petition by husband — "Wilful neglect and misconduct" — Marriage Act 1890 (No. 1166), s. 86.
Justices Act 1890 (No. 1105), ss. 59, 70, 83, 85 — Complaint — Sums claimed in excess of jurisdiction — Abandonment by consent — Withdrawal — Costs.
Divorce — Adultery — Petition by husband — "Wilful neglect or misconduct" — Discretion — Maintenance of wife — Form of deed — Marriage Act 1890 (No. 1166), ss. 86, 87.
Practice — Foreclosure action — Default of appearance — Form of judgment — "Rules of Supreme Court 1884" — Order XXVII., r. 11 — Order XIX., r. 13 — Admission on the pleadings.
Insolvency — Petitioning creditor's debt — Garnishee order — Insolvency Act 1890 (No. 1102), s. 37 (viii,)
Negligence — Tramway Company — Non-repair of roadway — Liability — Nuisance — "Tramway" — Tramways Act 1890 (No. 1148), ss. 3, 5, 13, 37, Schedule ii., Clauses 1, 2, 4, 5.
Landlord and tenant — Trade fixtures — Equitable mortgage of lease — Assignment — Surrender — Bill of sale.
Crimes Act 1890 (No. 1079), s. 65 — Larceny as a bailee — Cheque payable to bailee's order — Conversion, evidence of.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22 (I.) (c) and (d) — Fraud.
Gaming and wagering — Betting in street — Evidence — Warning — Jurisdiction — Petty Sessions — Justices Act 1890 (No. 1105), ss. 59 (5) and 113 — Street Betting Suppression Act 1896 (No. 1436), s. 2.
Practice — Costs — Taxation — Appeal case — "Refresher" — Increased fee — Solicitor and client — "Rules of Supreme Court 1884" — Order LXV., r. 27 (30), (48).
Stock mortgage — Validity — Consideration — Past debt — Forbearance — Sheriff — Execution creditor — Estoppel — Instruments Act 1890 (No. 1103), Part VIII. — Sale of Goods Act 1896 (No. 1422), s. 26.
Practice — Default of pleading — Representative order — Judgment — Setting aside judgment — Costs — "Rules of the Supreme Court 1884" — Order XVI., r. 9.
Marriage Act 1890 (No. 1166), s. 86 — Divorce — Adultery — "Wilful neglect or misconduct" of petitioner — Previous adultery — Condonation.
Company — Shares — Equitable mortgage — Dividend — Right of equitable mortgagee to dividend.
Practice — Amendment, terms of — Costs of former trial — Costs — Appeal on question of costs — "Rules of the Supreme Court 1884" — Order XXVIII., r. 6.
County Court Act 1890 (No. 1078), s. 50 — Remitting action to County Court — Original jurisdiction of County Court.
Husband and wife — Dissolution of marriage — Desertion — Jurisdiction — Domicile of husband at time of desertion — Marriage Act 1890 (No. 1166), s. 74.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22, sub-s. (2) — Neglect to pay debt — Payment of debt after issue of summons — Costs, order for imprisonment for.
Company — Liquidation — Proof of debt — Guarantee of principal and interest under a mortgage — Extent of liability.
Companies Act 1890 (No. 1074), ss. 52, 67 — Invalidity of appointment of liquidators — Validity of acts done by liquidators — Declaration of chairman of meeting, effect of.
Landlord and tenant — Lease — Executor of deceased lessee — Personal liability — Equitable assignment of lease.
Husband and wife — Marriage Act 1890 (No. 1166), s. 74 (a) — Desertion — Denial of conjugal intercourse — Divorce.
Criminal Law — Evidence Act 1890 (No. 1088), ss. 22, 23 — Certified copies of marriage certificate — Certificates of marriage — Special case for the opinion of Supreme Court — Questions referred to in.
Justices of the Peace — Order to review — Justices Act 1890 (No. 1105), s 141 — Landlord and Tenant Act 1890 (No. 1108) — Warrant of ejectment — Statutory remedy not exclusive.
Practice probate — Intestacy — Administration to company — Promising affidavit — Act No. 842, s. 3.
Mining — Partnership in gold mine — Working partners — Registration of claim — Abandonment by one partner — Partnership accounts.
Statute of Limitations, 21 Jac. I., c. 16, s. 3 — Solicitor and client — Negligent advice — Trustee — Improper investment under advice of solicitor — Renewal of investment under original advice — Knowledge of solicitor — Cause of action — Contract — Tort — Breach of duty.
Mortgagor and mortgagee — Syndicate's land — Misrepresentation — Action by one member of syndicate — Other members of syndicate — Parties, want of — Objection for want of parties not pleaded — Allegation of forfeiture of their interest — Relief without prejudice to their rights — Parties not joined consenting to be bound.
The Companies Act 1890 (No. 1074), ss. 23, 24, 26 — Register of members — Rectification of register — Transfer of shares — Formalities to be complied with — Shareholder — Non-execution of transfer — Approval of transferee by directors — Lches of transferor.
Will — Devise of real estate — Use and occupation of house for life — Equitable life estate — Mortgage — Conditional devise — Gift of income, provided devisee maintain and educate children and bring them up as Roman Catholics — Trust — Enforcing obligation by Court of Equity — Real and personal estate charged with payment of debts — Personal estate after payment of debts insufficient for payment of legacies — Order of application of testator's estate for payment of debts.
Building Society — Winding up — Members — Liability — Investing shares — Borrowed shares — The Building Societies Act 1890 (No. 1068), s. 16.
Public Service Act 1890 (No. 1133), ss. 70, 74, 77, 88 — Public servant — Classification — Break in service — Denominational school teacher — Service.
Solicitor — Misconduct — Motion to strike off roll — Similar motion granted in New South Wales.
Settlement — Equitable tenant for life and remaindermen — Improvement of trust estate — General jurisdiction of Court — "Rules of Supreme Court 1884" — Order LV.
Settlement — Married woman — Life interest — Restraint on anticipation — General power of appointment — Exercise of power.
Practice — Criminal law — Indictable offence — Presentment — Attorney-General — Power of — Commitment by Judge — Jurisdiction — Crimes Act 1890 (No. 1079), ss. 388, 390 486 — Justices Act 1890 (No. 1105), ss. 33, 34 — Supreme Court Act 1895 (No. 1392), s. 7.
Local Government Act 1890 (No. 1112), ss. 110-136 — Municipal election — Nomination paper — Signature — Agent — Adoption — Duty of returning officer.
Practice — Attachment of debt under garnishee order — Return of order nisi — Right of stranger to appear — Prior assignment of debt — Justices Act 1890 (No. 1105), s. 115 — "Rules of Supreme Court 1894" — Order XLV. — Form of issue.
Practice — Infant — Institution of Action — Next friend — Ratification — Costs — "Rules of Supreme Court 1884" — Order XVI., s. 16.
Husband and wife — Divorce — Making alleged adulteress respondent — Application by petitioner — Marriage Act 1890 (No. 1166), s. 78.
Drainage of Land Act 1890 (No. 1085), ss. 3, 8, 26 — Drains — Improrements — "Adjoining owner" — "Owner" — Public Works Act 1890 (No. 1134), s. 105.
Will — Construction — Absolute conveyance — Restraint on anticipation — Married woman.
Practice probate — Scottish confirmation — Affixing seal — Evidence — Administration and Probate Act 1890 (No. 1060), ss. 40, 46.
Local Government Act 1890 (No. 1112), ss. 3, 411 — Municipality — Construction of works — Private lands — Negligence — "Owner" — Mortgagor — Cause of action — Leave and licence.
Master and servant — Notice of action — Wrongful dismissal — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), ss. 71, 154.
Justices — Petty sessions — Jurisdiction — False pretences — Police Offences Acts 1890 (No. 1126), s. 41 (iii.); 1891 (No. 1241), s. 12.
Practice — Defendant about to leave Victoria — Holding to bail — Supreme Court Act 1890 (No. 1142), s. 110.
Marriage Act 1890 (No. 1166), Part IV., ss. 42, 43 — Order of maintenance — Court of petty sessions — Jurisdiction.
The Companies Act 1890 (No. 1074) — Winding-up — Liquidator — Cost of winding-up — Order for taxation of costs, form of.
The Income Tax Act 1895 (No. 1374), ss. 7 (j), 12, 15 — Income derived from interest on inscribed Victorian stock by person not resident in colony — Interest received by person as agent for person resident abroad — The Income Tax Act 1896 (No. 1467), s. 17 — Costs of case stated.
Administration and Probate Act 1890 — Probate duty — Sale of land in New South Wales — Purchase money payable in Victoria — Vendor's lien — Victorian assets.
Company — Transfer of Shares — Executor — Directors — Registration — Power to refuse — Construction of articles — Companies Act 1890 (No. 1074), s. 23.
The Factories Act 1896 (No. 1445), s. 48 — Half-holiday — "Permit."
Factories and Shops Act 1896 (No. 1445), ss. 45, 56 — Regulation — Weekly half-holiday — Delivery of milk — Servant.
Licensing Act 1890 (No. 1111), s. 46 — Hotel — Victualler's license — Beneficial interest.
Conversion — Title deeds — Equitable mortgage — Agent — Fraud — Estoppel — Measure of damages.
Stock Diseases Act 1890 (No. 1141), ss. 27, 73 — "Travelling sheep."
Local Government Act 1890 (No. 1112), ss. 51, 53, 374 — Councillor concerned in contract — Incapacity of — Recovery of penalties.
Debt due by testator to executor — Statute of Limitations — Retainer of executor — Judgment in administration action — Legatee or co-executor raising Statute of Limitations against executor's claim — Debt judicially declared to be barred.
Will — Construction — Absolute gift — Clause legally and illegally modifying previous absolute gift — Perpetuity.
Practice Probate — Administration c.t.a. to creditor — Creditor's summons calling on executor — Rules of the Supreme Court, 23rd June 1873, r. 6.
Supreme Court — Practice — Pleading — Close of pleadings — Case in amendment of pleadings — New close of pleadings — Notice of action — Order XXIII., rr. 5 and 5* — Order XXVII., r. 13 — Order XXXVI., rr. 11, 15, and 30 — Default of plaintiff's appearance at trial — Dismissal of action — Appeal — Setting aside judgment by default — Judicature Act 1883, s. 11 — Order XXXVI., rr. 32 and 33 — Jurisdiction of Supreme Court.
Marriage Act 1890 (No. 1166), ss. 42, 43, 51, 54 — Maintenance order — Proper person to enforce obedience to such order.
Administration and Probate Act 1890 (No. 1060), ss. 39, 40, 46 — Probate law — Letters of confirmation — Exemplification — Affixing seal of court to exemplification.
Practice — "Rules of the Supreme Court 1884" — Order XVI., r. 4 — Order XIX., r. 27 — Pleading — Striking out — Joinder of defendants.
Practice — Writ — Service — Setting aside — Summons — "Rules of Supreme Court 1884" — Order XII., r. 30 — Order LIV., r. 10*.
Practice — "Rules of the Supreme Court 1884" — Order VII., r. 3 — Change of solicitors — Service of notice — Solicitor's lien — Discharge of client by solicitor — Delivery up of papers.
Bail — Recognizance — Estreatment — Petty sessions — Appearance of defendant — Crown Remedies and Liability Act 1890 (No. 1080), s. 6 — Justices Act 1890 (No. 1105), s. 55, Schedule ii., Form xxv. — Police Offences Act 1890 (No. 1126), s. 57.
Assignment for benefit of creditors — Prior execution — Sale by trustee — County Court register — Extract — Evidence Act 1890 (No. 1105), s. 23.
Transfer of Land Act 1890 — Caveat — Mortgage — Transfer to first mortgagee — Second mortgagee — Transfer of Land Act 1890 (No. 1149), Part V.
Trade mark — Registration — Register — Rectification — "Proprietor" — User — Trade Marks Act 1890 (No. 1183), ss. 6, 19.
Neglected Children's Act 1890 (No. 1121), ss. 45, 58 — Illegitimate child — Maintenance — "Parent" — "Stepfather."
Mines Act 1890 (No. 1120), ss. 106 (xiv.) (xvii.), 107, 135 (iii.), 216, 227, 289, 295 — Justices Act 1890 (No. 1105), s. 113 — Warden — Jurisdiction — Claim — Summons — By-law — Costs.
Practice — New trial — Undue influence on jury — Impropriety — Conduct of counsel and solicitor — Marine Act 1890, (No. 1165) ss. 98, 103 — The Merchant Shipping Act 1854 (17 & 18 Vict., c. 104), ss. 17, 18, 19, 53, 84, 87, 106 — Action for unseaworthiness of ship — British ship, meaning of — Registration — Effect of not re-registering after alteration of ship — Public policy — Estoppel by conduct.
Licensing Act 1890 (No. 1111), ss. 76, 83, 182, 197 — Inspector of licensing districts, power to sue — Licensing district, proof of — Power of justices to order distress warrant to issue upon default of payment of fine inflicted under provisions of s. 182.
Criminal law — Rape — Evidence — Admissibility — Discretion of Judge.