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Cases reported in this volume of the Victorian Reports
Factories and Shops Act 1896 (No. 1445), s. 15 (8) — Employment at lower rate of wages than log rates — Intention to evade Act — Dispute as to liability for particular rate — Wages, contract as to.
Arbitration — Railway contract — Penalties for delay, deduction of — Action on award — Award bad in part — Non-referable items, consideration of by arbitrators.
Administration and Probate Act 1890 (No. 1060), s. 115 — Duty payable on property conveyed in evasion of Act — Parties chargeable with duty — Non-liability of executors for duties on property which never vested in them — Executors.
Mines Act 1890 (No. 1120), s. 32 — Cancellation of registration of residence area — Jurisdiction of warden to hear application — Registration of land exempted from mining purposes — Right of private individual to intervene.
Land Act 1890 (No. 1106), s. 127 — Proclamation forbidding cutting timber on Crown lands — Mining lease — Lands held under mining lease — Powers of cutting timber given by lease.
Crimes Act 1890 (No. 1079), s. 102 — Possession of stolen wood, posts, etc.
Mandamus — Rates and rating — Justices Act 1890 (No. 1105), s. 139 — Local Government Act 1890 (No. 1112), Part X., Division 7 (ss. 276-287) — Local Government Act 1891 (No. 1243), ss. 60, 61 — Appeals against rates — Jurisdiction of County Court — Statement of case by Judge of County Court for determination by Supreme Court.
Practice — Appeal from County Court — Taxation of costs — Security for costs — "Trial" — County Court Act 1890 (No. 1078), ss. 133, 147.
Practice — Supreme Court — Admission of barrister and solicitor — Student at law — "Rules of Supreme Court 15th October 1887," rr. 7, 8; 1892, r. 22.
Stamps — Stamp duty — Settlement, deed of — Indenture or disentailing assurance — Stamps Acts 1890 (No. 1140), sec. 71; 1892 (No. 1274), ss. 24, 25, 28, Schedule Division VIII.
Local Government Acts 1890 (No. 1112), ss. 49, 257; 1891 (No. 1243), s. 15 — Municipal councillor — Qualification — "Liable to be rated."
Practice — Order in Chambers — Originating summons — Loss of order.
Practice — Divorce — Service of citation — Mode of proof — Jurisdiction — Marriage Act 1890 (No. 1166), sec. 113.
Practice — Supreme Court — Foreign procedure — Liquidated demand — Service in Western Australia — Costs — "Rules of Supreme Court 1884" — Order LXV., r. 12 — County Court Act 1890 (No. 1078), s. 64, Part V.
Practice — Pleading — Embarrassment — Contract, verbal or written — Particulars — "Rules of the Supreme Court 1884" — Order XIX., r. 4 — App. C., s. 5, 1.
Practice — Interrogatories — Answering Affidavit — Reswearing — Order — Form — Objection — "Rules of Supreme Court 1884" — Order XXXI., r. 10.
Contract — Construction — Condition — Final certificate — Arbitration — Judicial proceeding — Award — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), s. 79.
Criminal law — Admissibility of evidence — Evidence of criminal acts other than those charged.
Criminal law — The Crimes Act 1890 (No. 1079), s. 56 — Abortion — Supplying drugs with intent that they should be used to procure abortion.
Marine Act 1890 (No. 1,165), ss. 181, 183, 184, 185 — Court of Marine Inquiry, investigation by — Constitution of Court — Skilled members, list of — Master of steamship, charge against — Misconduct — Gross act of misconduct — Jurisdiction, consent to — Charges against two persons heard together — Certificate, suspension of — Prohibition.
Company — Member — Allotment of shares — Directors — Appointment — Call — Action — Delay — Acquiescence — Companies Act 1890 (No. 1074), s. 67, Second Schedule, Table A, art. 71.
Police Offences Act 1890 (No. 1126). s. 41 (iii.) — Police Offences Act 1891 (No. 1241), s. 12 — Rogues and vagabonds — Imposing upon persons with a view to obtaining money — Fraudulent representation.
Merchant Shipping Act (Imperial) 1894, 57 & 58 Vict., c. 60, s. 225, sub-s. 1 (b) — 29 Car. II., c. 7, s. 1 — Sunday labour — Seamen and firemen — Vessel in port — Lawful command, wilful disobedience of — Mens rea — Honest belief as to unlawfulness of command.
Practice — "Rules of Supreme Court 1884" — Order XV., r. 1 — Accounts and inquiries — Order for foreclosure.
Mines Act 1890 (No. 1120), s. 49 — Mining Leases — Application for lease on behalf of company — Holder of miner's right — Rights of Crown lessees — Right to test validity of lease.
Prohibition — Delay in making application.
Justices — Order in petty sessions — Conviction — Reserved decision — Justices Act 1890, s. 77 (14).
Limitation of action — Negligence — Death of injured person — Action by representative — "Act complained of" — Railways Act 1890 (No. 1135), s. 119 — Wrongs Act 1890 (No. 1160), s. 16.
Administration and Probate Act 1890 (No. 1060), s. 17 — Administration — Surety — Bond — Assignment — Discretion of Court.
Practice — Taxation of costs — County Court appeal — Rehearing — Scale of costs — Discretion of taxing master — Counsel's fee — Partner — Certificate of Associate — Amendment.
Practice — County Court — Action for slander — Separate counts — General verdict.
Practice — Application for jury — Declaration of trust — Alternative claim for damages — Discretion — "Rules of Supreme Court 1884" — Order XXXVI., rr. 3, 6.
Practice — Examination de bene esse, application for — Affidavit in support of, sufficiency of — Material witness.
Practice — "Rules of the Supreme Court 1884" — Order XXVII., rr. 11, 12 — Motion for judgment on default of pleading — Several defendants.
Wrongs Act 1890 (No. 1160), ss. 14, 15 — Mines Act 1890 (No. 1120), s. 366 — Miner — Death by negligence — Action by representative — Jury, necessity for.
"Rules of the Supreme Court 1884" — Order XXXVI., r. 6 — Trial by jury — Application for jury, when refused.
Estoppel — Res adjudicate — Dismissal by justices — Certificate — Justices Act 1890 (No. 1105), s. 77 (17).
Dog Act 1890 (No. 1084), ss. 15, 20, 25 — Penalty — Informant — Local authority — Jurisdiction — Justices Act 1890 (No. 1105), Part V., ss. 59, 73, 79.
Practice — Divorce — Order for permanent alimony — Appeal — Evidence — Fresh evidence — Admissibility — "Rules of Supreme Court 1884" — Order LVIII., r. 4 — Marriage Act 1890 (No. 1166), ss. 87, 88.
Instruments Act 1890 (No. 1103), ss. 132, 133 — Bills of sale — Debentures of trading company — Registration — Company — Floating charge — Assurance of personal chattels — Fixtures — Mortgagee, right of to fixtures.
Trustee company — Power of investment — Security authorized by trust deed Fixed deposit in bank — Companies Act 1890 (No. 1074), s. 384 — Trusts Act 1896 (No. 1421), s. 29 (b) — Statute of Limitations — Breach of trust — Covenant — Acquiescence by c.q.t.
Nuisance — Negligence — Water service pipe in highway — Leak — Injury — Obligation to repair — Mortgagee in possession — Water Act 1890 (No. 1156), Part V., Division I. — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), Part II.
Companies Act Amendment Act 1892 (No. 1269) — Scheme of reconstruction — Undertaking of new company to pay liabilities of old company — Secured creditors.
Unconscionable bargain — Excessive rate of interest — Bonus on loan — Delay on part of mortgagor — Mortgage.
The Companies Act 1890 (No. 1074), ss. 76, 77, 78 — Winding up — Petition to wind up — Directors, powers of to present petition — Articles of association, powers conferred on directors by.
Practice — "Rules of the Supreme Court 1884" — Order LXIV., r. 13 — Proceedings taken after a year — Notice of intention to proceed — Motion for a receiver — Equitable execution.
Practice — New trial — Verdict of jury — Contradictory evidence — Documentary evidence — Procedure — "Rules of Supreme Court" — Order XXXIX., rr. 1, 4 — New trial motion — Appeal — Notice.
Mines Act 1890 (No. 1120), ss. 351, 357 Regulation and inspection of mines — Ventilation — Level — Working places in a mine — Mine-owner, liability of — Mine.
Promissory note — Action — Leave to defend — Setting aside — Instruments Act 1890 (No. 1103), s. 93.
Practice — "Rules of the Supreme Court 1884" — Order XIV., r. 1 — Final judgment — Instruments Act 1890 (No. 1103), s. 93 — Leave to defend under Instruments Act.
Administration and Probate Act 1890 (No. 1060), s. 115 — Probate duty — Transference of property in alleged evasion of duty — Parties chargeable with duty — Liability of executors — Parties.
Income Tax Act 1895 (No. 1374), s. 27 — Jurisdiction of County Court to state case — Income Tax Act 1896 (No. 1467), s. 16 — Stock and share broker — Membership of Stock Exchange, fee for — Deduction.
Practice — Attachment of person — Disobedience of order — Divorce — "Decree" — Alimony — Discretion — Marriage Act 1890 (No. 1166), ss. 84, 85, 86, 87, 88 — Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 3.
Marriage Act 1890 (No. 1166), s. 74 (a) — Desertion — Denial of conjugal intercourse — Divorce — Husband and wife.
Will — Power of appointment by will — Will not referring to power — Wills Act 1890 (No. 1159), s. 25 — General devise or bequest — Appointment of executors — Administration of appointed fund.
Will Construction — Absolute gift — Clause legally and illegally modifying absolute gift — Perpetnity — Maintenance out of income of void gift of corpus.
Instruments Act 1890 (No. 1103), Part I., Division 4, sec. 93 — Practice — Action upon bill of exchange — Summary proceedings — Leave to defend — "Rules of Supreme Court 1884" — Order XIV., r. 1.
Local Government Act 1890 (No. 1112), ss. 179, 272, 277, 288 — Rates, recovery of — Resolution for striking rate — Signing rate book — Appeal against rate — Invalidity of rate, right to take objection as to — Local Government Act 1891 (No. 1243), s. 76 — Special rate.
Water Act 1890 (No. 1156), s. 4 — Reservation of drain sold on Crown lands — Right of action — Statutory remedy — Easement — Implied grant — Drainage, right to — Easement on Crown lands.
Practice — Damages — Assessment — Appearance — No defence — "Rules of Supreme Court 1884" — Order XXVII., r. 4 — Order XXXVI., r. 11 — Order XIII., r. 5.
Trial — "Rules of the Supreme Court 1884" — Order XXXVI., r. 3 — Right to a jury — Equitable relief, claim to — Alternative claim for damages.
"Rules of the Supreme Court 1884" — Order XIX., r. 27 — Order XXV., rr. 2, 4 — Striking out pleadings tending to embarrass or delay fair trial of action — Questions of law, trial of.
County Court Act 1890 (No. 1078), s. 134 — Appeal without stating special case — Points of law raised at trial.
Instruments Act 1890 (No. 1103), ss. 167, 169 — Stock mortgage, registration of — Proof of registration — Signature of Deputy Registrar-General — Valuable consideration — Particulars of consideration inaccurately stated — Power of Court to amend informalities — Justices Act 1890 (No. 1105), s. 146.
Insolvency — Insolvency Act 1897 (No. 1513), s. 113 — Sequestration of estate of deceased person — Estate unable to pay its debts — Act of insolvency — Insufficiency of materials for order nisi — Objections, right to take.
Company — Winding up — By the Court — Voluntary winding up — Creditor — Companies Act 1890 (No. 1074), ss. 86, 131.
Practice — Discovery in aid of execution — Defendant — "Party entitled" — "Rules of Supreme Court 1884" — Order XLII., r. 32 — Costs.
Administration — Rule to administer freehold land — Administration Act 1872 (No. 427) — 27 Vict., No. 230, s. 4.
Factories and Shops Act 1896 (No. 1445), s. 15 (8) — Employment at lower rate of wages than log rates — Intention to evade Act — Dispute as to liability for particular rate — Wages, contract as to.
Order to review — "Person aggrieved" — Informant — Justices Act 1890 (No. 1105), ss. 141, 154 — Article of food — Sale — Nature and composition — Health Act 1890 (No. 1098), ss. 43, 46.
Solicitor — Taxation of Costs — Bill of costs — Withdrawal — Condition.
Practice — Affidavit — Commissioner — Deponent's solicitor — Instruments Act 1896 (No. 1423), s. 7.
Practice — Criminal Law — Larceny — Justices — Summary jurisdiction — Evidence — Admission of guilt — Rehearing — Crimes Act 1890 (No. 1079), ss. 69, 474.
Practice — "Rules of the Supreme Court 1884" — Order XVI., r. 46 — Legal personal representative, appointment of.
Practice — Receiver — Service of notice of motion out of jurisdiction.
The Insolvency Act 1897 (No. 1513), s. 108, sub-s. (2) — Staying proceedings under a petition for sequestration.
Taxation — Costs — Costs of the day — Adjournment of trial — Counsel's fees for the day — Subpna duces tecum, resealing of.
Trustee and c.q.t. — Settlement of mortgaged property — Settlement providing for c.q.t. occupying property — Trustee out of his own moneys paying off mortgage to save trust property — Trustee's right to indemnity — Trustee taking transfer of mortgage — Trustee ejecting c.q.t. — Transfer of Land Act 1890 (No. 1149), ss. 95 and 121 — Implied covenants.
Judicature Act 1883 (No. 761), s. 59 — British subject residing abroad — Service of writ of summons — Writ for service within jurisdiction — Defendant temporarily in England — Attorney-under-power having power to defend actions.
Will — Construction — Intestacy — Punctuation.
Will — Construction — Misdescription — Parol evidence.
Will — Construction — Absolute discretion — Conversion — Residue.
Factories and Shops Act 1896 (No. 1445), s. 15 (8) — Employment at lower rate of wages than log rates — Intention to evade Act — Dispute as to liability for particular rate — Wages, contract as to.
Marriage Act 1890 (No. 1166), s. 43 — Neglected Children's Act 1890 (No. 1121), s. 58 — Illegitimate child — Maintenance order — Finality of decision on appeal to general sessions — Putative father proceeded against under different statutes — Recognition of child by father as his — Evidence.
Landlord and tenant — Lease — Covenant — "Charge" upon demised premises — Sewerage — Melbourne and Metropolitan Board of Works Acts — 1890 (No. 1197), Part III., ss. 114, 116; 1897 (No. 1491), ss. 5, 6.
Promissory note — Contemporaneous oral agreement — Inconsistency — Inadmissibility of evidence — Costs.
Marine Act 1890 (No. 1165), s. 183 (2) — Master — Misconduct — Gross act of misconduct.
Practice — Writ — Service upon company — Commercial traveller — Foreign company — "Carrying on business" — "Rules of Supreme Court 1884" — Order IX., r. 8 — Companies Act 1896 (No. 1482), s. 70 (3).
Factories and Shops Act 1896 (No. 1445), s. 15 (8) — Employment at lower rate of wages than log rates — Intention to evade Act — Dispute as to liability for particular rate — Wages, contract as to.
Local Government — Rates and Rating — Justices Act 1890 (No. 1105), s. 81 — Particulars of claim, sufficiency of — Local Government Act 1890 (No. 1112) — Rates, claim for — Particulars of rate.
Health Act 1890 (No. 1098), s. 35 — By-law — Purveyor of milk — Registration.
Administration and Probate Act 1890 (No. 1060), s. 99 — Duty on estate of deceased person — Assessment of duty — Appeal from determination of Master in Equity — Evidence on appeal — Practice.
Practice divorce — "Divorce and Matrimonial Rules of 3rd February 1885," rr. 26, 114, and 136 — Respondent out of jurisdiction — Extended time for appearance — Extending time for delivering answer after 21 days fixed by r. 26 expired — Jurisdiction of Court.
Will — Construction — Ademption — Insurance moneys — Insured buildings devised with land — Destruction by fire after will — Intention by testator to rebuild.
Administration — Regul Generales, 23rd June 1873 — Rr. 6, 19 — Company applicant for letters of administration — Affidavit of search for will made by applicant's manager.
Police Offences Act 1890 (No. 1126), s. 6 — By-law — Obstruction of carriage way by loitering — "Loiter," meaning of — Alleged loitering by flower-selling.
Lien — Banker's lien — Security — Waiver of lien.
Licensing Act 1890 (No. 1111), s. 128 — Selling liquor or permitting liquor to be drunk on licensed premises otherwise than during licensed hours — Lodger.
County Court Act 1890 (No. 1078), s. 51 — Remitting action of tort to County Court — One of two co-defendants out of jurisdiction — Right of one defendant to have action remitted to County Court.
Practice — Supreme Court — Insolvency — Order nisi — Insolvency Act 1890 (No. 1102), ss. 37 (vi.) and 38 — Insolvency Rules of 10th March 1898, r. 187 — Forms in Schedule No. 6 — Act of Insolvency — Debtor's summons — Service "in the prescribed manner" — Neglect to pay, etc., "for the space of fourteen days" — "Within fourteen days" — Omission of statement of failure to secure.
Practice — Taxation of costs — Party and party — Unsuccessful appeal — Judge's notes Copy order of dismissal — Third copy.
Animals Protection Act 1890 (No. 1064), ss. 3, 9 — "Cruelly" — Overdriving.
Practice — Reference to Chief Clerk — Evidence — Document executed subsequently — "Rules of Supreme Court 1884" — Order LV, r. 67.
Practice — Supreme Court — County Court — Jurisdiction — Foreign procedure — Liquidated demand — Service in Western Australia — Costs — "Rules of Supreme Court 1884" — Order LXV., r. 12 — County Court Act 1890 (No. 1,078), ss. 61, 64, Part V. — Intercolonial Debts Act 1887.
Insolvency — Certificate of discharge — Death of insolvent — Jurisdiction — Insolvency for Act 1890 (No. 1102), ss. 130, 138, 9 — Insolvency Act 1897 (No. 1513), s. 95.
Practice — Interrogatories — Further and better answers — Payment of deposit — Waiver — "Rules of Supreme Court 1884" — Order XXXI., rr. 11, 25, 26 — Order LXIV., r. 7.
Will — Construction — Executor — Tenant for life — Remainderman — Furniture — Heirloom — Indemnity — Danger — Intricate will — Costs.
Police Offences Acts 1890 (No. 1126), s. 40 (1); 1891 (No. 1241), s. 11 — Evidence — Admissibility — Insufficient lawful means of support — Other offences.
Donatio mortis caus — Bank deposit receipt — Imperfect gift — Property not passing by mere delivery — Illness of donor — Expectation of recovery — Costs — Rule as to costs where subject matter of donatio is large proportion of estate, and where it is small — Remarks upon nature of proof of donatio mortis caus — Evidence.
Health Act 1890 (No. 1098), ss. 216, 221, 223, 226 — Nuisance — Offensive trade or business — Negligence in carrying on offensive trade.
Stamps Act 1892 (No. 1274), s. 25 — Stamp Duty — Deed of settlement or gift — Policies of life assurance — Value of.
Insurance — Fire policy — Condition — Waiver — Assignment — Mortgagee — Absolute beneficial interest — Notice — Extent of local agent's authority — Operation of law — Registration — Claim — Rejection — Authority of manager — Delegation — Power of attorney — Agent — District Agent.
Will — Construction — Gift to person described as "son" of testator's brother — Extrinsic evidence as to testator's intention.
The Companies Act 1896 (No. 1482), ss. 77, 78, 79, and 80 — Power of company to alter objects or form of constitution — Confirmation of alteration by Court.
Licensing Act 1890 (No. 1111), s. 102 — Transfer of license — Power of attorney to apply for transfer — Right of licensee to object to application.
Will — Payment of legacies out of real estate — Pecuniary legacies, insufficiency of personalty to satisfy payment of — Administration Act 1890 (No. 1060), s. 8 — Act 27 Vict., No. 230 — Executor — Legacy to person appointed executor — Gift annexed to office — Rebuttal of presumption — Parol evidence.
Order to review — "Important question or principle of law" — Justices Acts 1890 (No. 1105), s. 141; 1898 (No. 1584), s. 2.
Criminal law — Evidence — Perjury — Finding of jury at former trial, whether admissible in defence at subsequent trial.
Criminal Law — Evidence — Statement by prisoner — Admission of statement of previous conduct of prisoner.
Trusts Act 1896 (No. 1421), s. 29, sub-s. (1), sub-div. (b), and sub-s. 2 — Breach of trust — Fixed deposit in bank — Reconstruction of bank — Fixed deposit in new bank — Limitation of action — Time when cause of action first accrued.
Practice — Trial by jury — Evidence — Nonsuit — Action for negligence — Onus of proof.
Company — Winding up — Voluntary liquidation — Mortgage — Interest under covenant — Companies Act 1896 (No. 1482), s. 153.
Infant — Maintenance — Administration — Share — Corpus — Moneys already expended — Order — Attendance by counsel — Certificate — Costs.
Police Offences Act 1890 (No. 1126), s. 41, sub-s. 12 — Justices Act 1890 (No. 1105), r. 18 — Suspected person — Frequent — Place of public resort — Railway station — Practice — Evidence — Admission — Separate information — Trial.
Betting — "Place" — Evidence — Movable box — Police Offences Act 1890 (No. 1126), s. 49.
Company — Mining company — Action by shareholder — Forfeiture of shares — Nonpayment of call — Subsequent redemption — Companies Act 1890 (No. 1074), ss. 241, 247 — "Rules of Supreme Court 1884" — Order XIX., r. 27 — Order XXV., r. 4.
Mines Act 1897 (No. 1514), s. 140 — Procedure — Trial in Supreme Court — Injury — Accident in mine — Costs of application.
Divorce — Desertion — Petition — Cross petition — Dismissal — Fresh petition — Same ground — Marriage Act 1890 (No. 1166), s. 74.
Injunction — Interlocutory — Landlord and tenant — Recovery of possession — Petty sessions — Reserved decision.
Criminal law — Felony — Accessory before the fact — Instigator — Probable consequence — Crimes Act 1890 (No. 1079), s. 303.
Practice — Appeal — Single Judge — Question of fact — Rehearing by Full Court — Judicature Act 1883, 47 Vict. (No. 761).
Factories and Shops Act 1896 (No. 1445), s. 15 (8) — Employment at lower rate of wages than log rates — Intention to evade Act — Dispute as to liability for particular rate — Wages, contract as to.
Mandamus — Shire council — Closed road — Discretion of Judge — Power to disobey — Meeting of council — Ordinary business — Notice of meeting — "Owner" — Local Government Act 1890 (No. 1112), ss. 9, 10, 175, 176, 178, 180, 428 — Vermin Destruction Act 1890 (No. 1153), ss. 58, 59 — Procedure — Rule — Direction — Service — Council.
Deed of settlement — Power of appointment — Interest of settlor in land — Charge on interest in lands, effect of.
Factories and Shops Act 1896 (No. 1445), s. 15 (8) — Employment at lower rate of wages than log rates — Intention to evade Act — Dispute as to liability for particular rate — Wages, contract as to.
Factories and Shops Act 1896 (No. 1445), s. 15 (8) — Employment at lower rate of wages than log rates — Intention to evade Act — Dispute as to liability for particular rate — Wages, contract as to.
The Mines Act 1897 (No. 1514), s. 168, sub-ss. 2, 4 — Priority of miners' wages — Distribution of assets of no-liability company — Cessation of work of no-liability company — Wages first charge on property of company.
Licensing Act 1890 (No. 1111), s. 182 — Selling liquor without a license — Evidence, admissibility of — Written statement of witness — Evidence of prior convictions — Order nisi to review.
Probate practice — Regul Generales, 23rd June 1873 — Probate — Rule XVI. — Executor's accounts — Attachment for non-filing of accounts — Costs.
Practice — Appeal to Privy Council — Security for costs — Supreme Court Act 1890 (No. 1142), s. 231.
Practice — Procedure — Leave to appeal to Privy Council — Order in Council, 9th June 1860 — "Person or persons" — "Value" — "Amount" — Mining property — Security for costs — Form of conditional order.
Miner's right — Lapse — Machinery site — Title — Registration — Mines Act 1890 (No. 1120) — Special case — Procedure.
Practice — Particulars — Action for breach of promise of marriage — Sexual intercourse — Admission — Alleged unchastity before breach — "Rules of Supreme Court 1884" — Order XIX., r. 7.
Probate practice — Lunatic executor — Executor becoming lunatic before grant — Lunatic patient — Master in Lunacy — Administration c.t.a. durante animi vitio — Dispensing with bond and sureties.
Costs — Taxation — Solicitor acting for an agent of company — Costs of agent not costs of company — Legal Profession Act 1891 (No. 1216), s. 8 — Counsel's fee — "Substantial attendance" to case by counsel.
Practice — Supreme Court — Breach of trust — General account — Parties — Principle of equity — Judicature Rules — Co-trustees — Survivor of two trustees — Representatives of deceased trustee — Non-appearance of some defendants — Filing of statements of claim — Setting down action on motion fur judgment — Order XIII., r. 12 — Order XXVII., rr. 11 and 12.
Insolvency — Petition to sequestrate — Improper motive — Abuse of process of Court.
Marine Act 1890 (No. 1165), s. 151 — Excessive number of passengers on steamship — Liability of master of ship.
Licensing Act 1890 (No. 1111), s. 85 — Annual sittings of Licensing Court — Extension of time for holding sittings of Court.
Companies Act Amendment Act 1892 (No. 1269), s. 4 — Meeting of creditors — Power of Court to vary the order calling meeting.
Factories and Shops Act 1890 (No. 1091), s. 61 — Proceedings against offenders to be directed by Minister — Amendment of Minister's authority — Order nisi to review.
Health Act 1890 (No. 1098), s. 35 — By-law — Registration — "Purveyor of milk" — Place of registration.
Order to review — "Important question or principle of law" — Action by known agent — Justices Acts 1890 (No. 1105), s. 141; 1898 (No. 1584), s. 2.
Land Tax Act 1890 (No. 1107), ss. 3, 4, 13, 14, 34 — "Landed estate," meaning of — Valuation — Classification — Government Gazette, evidence of valuation, effect of — "Sufficient evidence," meaning of.
The Companies Act 1890, No. 1074, s. 36 — Rectification of register — Discretion of Judge — Transfer to man of no means — County Court Act 1890 (No. 1078), s. 99 — Sale of shares by bailiff — Right of purchaser to be registered.
Stamps Act 1890 (No. 1140), s. 96 — Transfer on sale — Stamps Act 1892 (No. 1274), s. 25 — Schedule (viii.) — Settlement or gift, deed of — Value of security, mode of calculating.
Criminal law — Perjury — Corroborative evidence — Direct evidence of several witnesses.
Lunacy Act 1890 (No. 1113), ss. 129, 130 — Lunatic domiciled abroad — Foreign commission — Master in Lunacy — Committee — "Management" — Costs.
Limitation of action — Money due upon mortgage — Settlement — Husband and wife — Constructive payment — Cause of action — Supreme Court Act 1890 (No. 1142), s. 83.
Practice — Procedure — Divorce — Personal service — Substituted service — "Cannot" — Jurisdiction of Court — Divorce Rules 1885, r. 10 — Marriage Act 1890 (No. 1166), s. 108.
Practice — Discovery — Order — Non-compliance — Dismissal of action — Delay — "Rules of Supreme Court 1884" — Order XXXI., rr. 12, 21.
Will — Construction — Omission — Uncertainty — Trust — Residue.
Will — Accumulation — Vesting — Rule against perpetuities — Thellusson Act — Wills Act 1890 (No. 1159), s. 35.
Licensing Act 1890 (No. 1111), s. 121 — Permitting thief to be on licensed premises — Receiver of stolen property.
The Insolvency Act 1890 (No. 1102), s. 37 (viii.) — Act of insolvency — False return of sheriff — Judgment debt, failure to satisfy — Power of Court to go behind judgment.
The Factories and Shops Acts 1890, 54 Vict. (No. 1091), s. 46, Schedule IV.; 1896, 60 Vict. (No. 1445), 3 (b); 1898, 62 Vict. (No. 1597), ss. 2, 7, 9 — Shop — "Closed" — Hairdresser — By-law — Validity — Admission.
Practice — Order to review — Evidence — Conflict — Facts — Costs of adjournment — Justices Act 1890 (No. 1105), ss. 146, 148.
Trustee — Next friend of infant plaintiff — Staying proceedings until infant 21 — Inquiry as to whether action for benefit of infant — Will, construction — Forfeiture clause on bringing action — Trustee and cestui que trust — Breach of trust — Frivolous and vexatious action — Reasonable and bou fide action — Costs.
Bias — Trustee — Appointment — Trustee company director — Counsel in action.
The Transfer of Land Act 1890 (No. 1149), ss. 93, 209 — Administration and Probate Act 1890 (No. 1060), s. 6 — Administratrix of administratrix, right of to be registered as proprietor.
Local Government Act 1890 (No. 1112), s. 428 — Vermin Destruction Act 1890 (No. 1153), Part II., ss. 57, 58, and 59 — Mandamus — Closed roads — Swing gates — Special area under Vermin Destruction Act — Permission of council to erect obstructions to roads.
Local Government Act 1890 (No. 1112), s. 429 — Interference with creek — Mining on creek — Mining under Crown lease — Question of title — Ouster of jurisdiction of court of petty sessions.
Local Government Act 1890 (No. 1112), ss. 523, 524, 534 — Prosecuting officer of municipality — Liability of council for cost of proceedings taken by prosecuting officer — Mandamus.
Police Regulation Act 1890 (No. 1127), s. 58 — Disputed property in possession of Police — Application as to ownership of property.
Practice — Taxation of costs — Party and party — Originating summons — "Instructions for brief" — "Clerk's fee" — "Trial" — Action — "Consultation" — "Conference" — "Rules of Supreme Court1884" — Order LXV., r. 27 (45) — Scale of costs.
Practice probate — Document purporting to be will — Absence of attestation clause — Witnesses both dead — Presumption of due execution — Wills Act 1890 (No. 1159), s. 7.
Practice — Trial by jury — Costs — Joinder of claims — Previous action — "Rules of Supreme Court 1884" — Order LXV., s. 1.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), ss. 22, 25, Schedule IV. — Debtor's summons — Neglect of debtor to appear — Evidence — Obtaining credit by fraud.
Practice — Pleading — Defence arising after pleadings closed — Amendment — "Rules of Supreme Court 1884" — Order XXIV., r. 2 — Order XXIII., r. 2 — Order XXI., rr. 11, 12, 13.
Practice — Interpleader — Insolvency of judgment debtor — Costs — "Rules of Supreme Court 1884" — Order LVII., r. 15 — Order LXVII.*, r. 11 — Insolvency Act 1890 (No. 1102), s. 76.
Practice — Divorce — Costs of wife — Payment into Court — Jurisdiction — Marriage Act 1890 (No. 1166), s. 111.
Practice probate — Order nisi — Evidence — Affidavit — Administration and Probate Act 1890 (No. 1060, sec. 22).
Will — Executor — Solicitor — Trusts and powers — Charges.
Water Act 1890 (No. 1156), ss. 120, 458 — Liability for water rates — Necessity for notice — Water supply from standpipe.
Employers and Employs Act 1891 (No. 1219), ss. 3, 5 — Meaning of employ — Workman working as independent contractor — Jurisdiction of justices.
A. agreed with B. to do certain work for B. — to paint some trucks according to specification. B. accepted this offer.
The Coroners Act 1890 (No. 1077), s. 4 — Coroner, jurisdiction of to commit for contempt — Coroner's Court — Witness, refusal of to answer — Question tending to criminate — Warrant of commitment, form of.
Customs Acts — 1890 (No. 1161), s. 84; No. 1471, s. 9 — Powers of Commissioner of Customs — Invoice — Goods — Forfeiture — Undervaluation.
Divorce — Desertion — Petition — Dismissal — Fresh petition — Same ground — Marriage Act 1890 (No. 1166), s. 74.
Will — Construction — Powers of trustees — Power of management — Power to carry on station business — Power to buy land — Implied power to rent land — Implied power to accept surrender of a lease by a tenant — Implied power to mortgage in order to carry on business — Implied power to purchase stock — Solicitor also trustee — Profit costs — Costs of solicitor trustee for acting as solicitor to estate in matters other than actions — Costs of solicitor for himself and co-trustees in defending action.
Appeal from order giving leave to appeal to Privy Council — Jurisdiction — Costs.