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26 VLR(117 results)

Cases reported in this volume of the Victorian Reports

IN RE WOOD26 VLR 1

MADDEN, C.J., and HOOD, J.·8 June 1900·Supreme Court of Victoria (Full Court)

InsolvencyInsolvency Act 1897 (No. 1513), s. 20 — Trustee's remuneration — "Net amount realized and available for distribution" — Interpretation of statutes — Intention of Legislature — Redundancy.

IN RE BLOMELEY26 VLR 15

HODGES, J.·7 June 1900·Supreme Court of Victoria

PracticeCosts — Review of taxation — Criminal charge — Instructions for brief in petty sessions — Instructions for brief in Supreme Court — Work otherwise charged for in the bill — Common Law Procedure Statute 1865, Schedule XXXIX. — "Attending and conferring with witness subpnaed by the Crown" — "Ascertaining opinion of jurors with a view of challenging" — Work authorized by client.

BATTY v. BATTY26 VLR 22

A’BECKETT, J.·22 May 1900·Supreme Court of Victoria

DivorcePractice — Desertion — Existence of several ground — Only one ground brought forward — Marriage Act 1890 (No. 1166), s. 74.

MONTGOMERIE’S BREWERY COMPANY v. BLYTH26 VLR 24

HODGES, J.·29 June 1900·Supreme Court of Victoria

PracticeParties — Joinder of parties — Action against promoters and directors — Joinder of several defendants in respect of independent causes of action — Misjoinder — Order XVI., r. 1 — Order XVIII., rr. 1, 3, 4, 5, 6, 8.

MONTGOMERIE’S BREWERY COMPANY v. BLYTH26 VLR 34

HOOD, J.·26 July 1900·Supreme Court of Victoria

PracticeParties — Joinder of parties — Joinder of causes of action — Misjoinder — "Injuria" or "cause of action" — Action against promoters and directors — Joinder of several defendants in respect of independent causes of action — "Rules of the Supreme Court 1884" — Order XVI., rr. 4, 5, 7 — Order XVIII.

FRASER v. ASHER26 VLR 41

HOOD, J.·25 July 1900·Supreme Court of Victoria

Order to reviewAmount under 5l. — "Important question or principle of law" — Justices Act 1898 (No. 1584), s. 2 — Bills of exchange, promissory notes, cheques — Interest in courts of petty sessions — Jurisdiction — Justices Act 1890 (No. 1105), s. 59 (4) — Instruments Acts, 1890 (No. 1102), s. 58; 1896 (No. 1423), ss. 7, 8, 9.

LYON v. THOMAS26 VLR 44

A’BECKETT, J.·18 June 1900·Supreme Court of Victoria

Health Act 1890 (No. 1098), ss. 255, 271-273Spreading nightsoil, offence of — Order of Governor in Council — "Corresponding provisions of any Act hereby repealed" — "Shall be and shall be deemed to be and may be cited as" — Repeal of and substitution for section — Application of section — Mind of Governor in Council.

CARTER v. VALE26 VLR 50

HODGES, J.·20 June 1900·Supreme Court of Victoria

County Court judgmentExecution upon in the Supreme Court — Certificate of County Court judgment — "Day named in such certificate" — Interest upon County Court judgment — County Court Act 1890 (No. 1078), s. 104, Schedule IX.

IN RE HARTNEY26 VLR 56

HOOD, J.·19 July 1900·Supreme Court of Victoria

LunaticBeneficiary under a will — Executor relieved of trust — Payment of lunatic's share to Master in Lunacy — Lunacy Act 1890 (No. 1113), s. 213.

CANE v. PERPETUAL TRUSTEES AND EXECUTORS ASSOCIATION OF AUSTRALIA LIMITED26 VLR 58

MADDEN, C.J.·22 June 1900·Supreme Court of Victoria

TrusteeBreach of trust — Reinstatement of fund — Constructive trust — Trusts Act 1896 (No. 1421), s. 29.

BRITTER v. SPRIGG26 VLR 65

MADDEN, C.J., and HOLROYD and HOOD, JJ.·7 June 1900·Supreme Court of Victoria (Full Court)

PracticeParties — Different causes of action — Different defendants — "Rules of Supreme Court 1884" — Order XVI., r. 4 — Building society — Directors — Secretary — Commission on business introduced — Breach of trust — Statute of Limitations — Trusts Act 1896 (No. 1421), s. 29 — Debt provable in insolvency — Certificate of discharge — Insolvency Act 1890 (No. 1102), ss. 77, 114 — Statutes — Consolidation, effect of.

THE ATTORNEY-GENERAL v. THE COLONIAL SUGAR REFINING CO. LTD.26 VLR 83

MADDEN, C.J., HOLROYD, A’BECKETT and HOOD, JJ.·10 May 1900·Supreme Court of Victoria (Full Court)

Customs Act 1890 (No. 1081), sec. 12, Schedule III.Duties of Customs Act 1893, No. 2 (No. 1321), Schedule — Customs and Excise Duties Act 1895 (No. 1401) — Schedules II. and IV. — "Molasses refined."

IN RE FENTON & SONS26 VLR 88

MADDEN, C.J., and HOLROYD and HOOD, JJ.·7 June 1900·Supreme Court of Victoria (Full Court)

InsolvencyJurisdiction — Trader carrying on business in England and Victoria — Distribution of estate — Lex loci — English Bankruptcy Act 1883, 46 & 47 Vict., c. 52, s. 118 — Insolvency Act 1890 (No. 1102), s. 123, sub-s. iv.

IN RE HOPE26 VLR 93

HODGES, J.·13 June 1900·Supreme Court of Victoria

Transfer of Land StatuteMallee allotment — Transfer — Consent of Governor in Council — Fieri facias — Sheriff's sale — Partnership — Land Act 1890, ss. 157, 180.

THE TRUSTEES EXECUTORS AND AGENCY CO. LTD. v. THORPE26 VLR 99

MADDEN, C.J.·11 May 1900·Supreme Court of Victoria

Settlement, deed ofConstruction — Bond — Testamentary expenses — Interest — Calls — Dividends — Corpus — Income — Mistake — Perpetual Annuity — Gift — Lapse — Vesting — Abatement — Fund to provide annuities — Rate of interest.

COATES v. THE SOUTH LOCH FYNE GOLD MINING CO. NO LIABILITY26 VLR 117

HODGES, J.·18 June 1900·Practice Court

Mines Art 1890 (No. 1120) ss. 118, 133, 254, 257Appeal from Warden — Jurisdiction — Adjournment — Special case — Power to sit outside district — Order made in Melbourne — Costs — Practice — Prohibition.

BURTON v. BYSOUTH26 VLR 124

MADDEN, C.J.·1 Aug 1900·Supreme Court of Victoria

Health Act 1890 (No. 1098), ss. 221, 249Nuisance — "Premises" — Pig-sty — Neglect to keep premises clean.

EASTWOOD v. STRIBLING26 VLR 129

HOLROYD, A’BECKETT and HOOD, JJ.·6 Aug 1900·Supreme Court of Victoria (Full Court)

Action for malicious prosecutionEvidence, admissibility of — Precious transactions, evidence of — Wrongful rejection of evidence.

O’SHANNESSY v. HENDERSON26 VLR 137

HOOD, J.·25 July 1900·Supreme Court of Victoria

Health Amendment Act 1867 (No. 310), s. 49By-law — Construction — Deposit of nightsoil — Manuring of land — "Deposit."

BEESTON BROS. v. LEVY26 VLR 142

MADDEN, C.J.·1 Aug 1900·Supreme Court of Victoria

Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), sec. 22: Fourth Schedule, Form I.Court of Petty Sessions — Summons to debtor — Examination of debtor, scope of — "Means you have of paying" — Past means — Order for commitment — Ground of order for commitment.

HELWIG v. KOHN26 VLR 150

HOLROYD, A’BECKETT, and HOOD, JJ.·10 Aug 1900·Supreme Court of Victoria (Full Court)

Criminal lawLarceny — Money deposited to abide the event of a wager — Refusal to pay bet — Felonious intent — Crimes Act 1890 (No. 1079), s. 389.

KILLYER v. ROBERTS26 VLR 155

HOLROYD, A’BECKETT, and HOOD, JJ.·8 Aug 1900·Supreme Court of Victoria (Full Court)

PracticeReserved judgment — Case or point reserved — "At the trial" — "Rules of the Supreme Court 1884" — Order XXXVI., r. 39.

MEUDELL v. MAYOR OF BENDIGO26 VLR 158

MADDEN, C.J., A’BECKETT, HODGES and HOOD, JJ.·7 Sept 1900·Supreme Court of Victoria (Full Court)

ContructProspectus — Calling for tenders — Offer — Loan — Municipality — Local Government Act 1890 (No. 1074), s. 74.

IN THE MATTER OF THE FREEHOLD INVESTMENT AND BANKING COMPANY OF AUSTRALIA LIMITED26 VLR 168

HOOD, J. and MADDEN, C.J.·24 July 1900·Supreme Court of Victoria

CompanyCompany in liquidation — Companies Act 1896 (No. 1482), ss. 139, 141 — Rules of 1st January 1900 under Companies Act 1896 — Rule 4 thereof — Jurisdiction — Dispensation with observance of rules or forms.

IN THE MATTER OF O’GRADY26 VLR 171

HOOD, J.·27 July 1900·Supreme Court of Victoria

Petition for advicePractice — Affidavit in support — Service of petition upon persons interested — Intestate estate — Determination of next of kin — Doubtful matter of fact — Reference to the Chief Clerk — Trusts Act 1890 (No. 1150), s. 60.

IN RE McCUTCHEON26 VLR 175

HOOD, J.·31 July 1900·Supreme Court of Victoria

InsolvencyPetition for sequestration — Estate of deceased person — Objections — No assets — Burden of proof — Insolvency Acts, 1890 (No. 1102), s. 37; 1897 (No. 1513), s. 113 — Bankruptcy Act, 46 & 47 Vict., c. 52, s. 125.

DUNCAN v. KEPERT26 VLR 182

MADDEN, C.J., and HOLROYD and HOOD, JJ.·5 June 1900·Supreme Court of Victoria (Full Court)

Friendly societyFriendly Societies Act 1890 (No. 1094)s. 16, sub-s. (8) — "Wilfully applies" — Intent.

ELKAN v. DE LA JUVENY26 VLR 186

MADDEN, C.J., HOLROYD and HOOD, JJ.·10 Aug 1900·Supreme Court of Victoria (Full Court)

County Court Act 1890 (No. 1078), Part V., ss. 138, 139, 140, 144County Court — Process of intercolonial court served in Victoria — Jurisdiction.

IN RE WOOD26 VLR 194

MADDEN, C.J., and HOOD, J.·8 June 1900·Supreme Court of Victoria (Full Court)

InsolvencyInsolvency Act 1897 (No. 1513), s. 20 — Trustee's remuneration — "Net amount realized and available for distribution" — Interpretation of statutes — Intention of Legislature — Redundancy.

IN RE O’FARRELL26 VLR 195

HOOD, J.·30 July 1900·Supreme Court of Victoria

ArbitrationEnforcement of award — Submission made a rule of Court — Appointment of arbitrator.

IN RE THE MOUNT DUNDAS AND ZEEHAN RAILWAY COMPANY26 VLR 197

HOLROYD, A’BECKETT and HOOD, JJ.·6 Aug 1900·Supreme Court of Victoria (Full Court)

Companies Act 1890 (No. 1074), s. 124Rules under Companies Act 1896, 1st January 1900, rr. 7, 8, 9 — Voluntary liquidation — Unclaimed dividends — Payment into Court.

DOUGHERTY v. STOCKWELL26 VLR 198

MADDEN, C.J., A’BECKETT and HOOD, JJ.·3 Sept 1900·Supreme Court of Victoria (Full Court)

PracticeCosts — Taxation — Counsel's fees — Refreshers — "Clear day" — "Rules of Supreme Court 1884" — Order LXV., r. 27, sub-r. 48.

IN RE TILLEY’S TRADE MARK26 VLR 203

HOLROYD, A’BECKETT and HOOD, JJ.·10 Aug 1900·Supreme Court of Victoria (Full Court)

Trade markExpunging from register — Delay in moving to expunge trade mark — Open user of trade mark for three years — Allowing trade mark to remain on register on terms — Fraudulent intention to deceive — Evidence of expert that trade mark is calculated to deceive — "Calculated to deceive" — Trade Marks Act 1890 No. 2 (No. 1183), ss. 16, 29.

IN RE BREALEY26 VLR 209

HOLROYD, A’BECKETT, and HOOD, JJ.·7 Aug 1900·Supreme Court of Victoria (Full Court)

InsolvencyPayment in full to all creditors who have proved — Right of insolvent to surplus moneys — Certificate of discharge — Effect of grant of certificate of discharge — Debt proved after grant of certificate of discharge — Statute of Limitations.

IN RE GREY26 VLR 214

HOLROYD, A’BECKETT, and HOOD, JJ.·9 Aug 1900·Supreme Court of Victoria (Full Court)

TrusteeTrust funds — Solicitor acting as financial agent — Trust money lent and secured in name of solicitor agent — Misappropriation of trust funds by solicitor agent — Ledger entries in pencil, undated and unsigned — Evidence of appropriation of security to a particular fund — Onus of proof.

RIDGE v. RIDGE26 VLR 220

HOOD, J.·20 Aug 1900·Supreme Court of Victoria

PracticeDivorce — Undefended suit — Proof of service of citation — Affidavit — Receipt.

SMITH v. SMITH26 VLR 222

MADDEN, C.J.·19 Sept 1900·Supreme Court of Victoria

PracticeDivorce — Wife's costs — Application to settle issues — Proceeding — Marriage Act 1890 (No. 1166), ss. 111, 116.

MOORE v. MOODYVILLE LANDS AND SAW MILLS CO. LIMITED26 VLR 226

MADDEN, C.J., A’BECKETT and HOOD, JJ.·11 Sept 1900·Supreme Court of Victoria (Full Court)

PracticeSupreme Court Act 1890 (No. 1142), ss. 85, 87 — Foreign procedure — Service out of jurisdiction — Foreign company — British company — Notice.

IN RE PRIOR26 VLR 230

MADDEN, C.J.·14 Sept 1900·Supreme Court of Victoria

ExecutorCommission — Passing accounts — Trustee company co-executor — Administration and Probate Act 1890 (No. 1060), s. 26.

A personal executor may be allowed commission on passing his accounts, his co-executora trustee company — having already received commission.

IN RE SMITH26 VLR 235

MADDEN, C.J.·9 Aug 1900·Supreme Court of Victoria

Insolvency Act 1890 (No. 1102), s. 37 (1)Insolvency Act 1897 (No. 1513), ss. 75, 76, 81 — Act of insolvency — Assignment for the benefit of creditors.

IN RE WREN26 VLR 238

MADDEN, C.J.·10 Sept 1900·Supreme Court of Victoria

TaxationBills of costs — Criminal proceedings — Scale of costs — Common Law Procedure Statute 1865 — Crimes Act 1890 (No. 1079), s. 494 — Court fees and percentages — "Rules of the Supreme Court 1884" — Order LXVIII., r. 1 — Order LXXIII., r. 4 (b).

CANE v. PERPETUAL TRUSTEES AND EXECUTORS ASSOCIATION OF AUSTRALIA LIMITED26 VLR 243

HOLROYD, A’BECKETT, and HOOD, JJ.·14 Aug 1900·Supreme Court of Victoria (Full Court)

TrusteeBreach of trust — Reinstatement of fund — Constructive trust.

CANE v. THE PERPETUAL TRUSTEES CO.26 VLR 245

HOLROYD, A’BECKETT, and HOOD, JJ.·1 Aug 1900·Supreme Court of Victoria (Full Court)

PracticeAppeal — Security for costs — Special circumstances — Poverty of appellant — Discretion — "Rules of Supreme Court 1884" — Order LVIII., r. 15.

LITTLE v. T. K. BENNET AND WOOLCOCK LIMITED26 VLR 247

A’BECKETT, HODGES, and HOOD, JJ.·13 Sept 1900·Supreme Court of Victoria (Full Court)

PracticeNew trial — Verdict of jury — Amount — Verdict against evidence.

TRENGROVE v. CALLENDER26 VLR 249

HODGES, J.·31 Aug 1900·Supreme Court of Victoria

PracticePleading — Defamation — Defence — Fair comment — Embarrassment — Particulars — "Rules of Supreme Court 1884" — Order XIX., rr. 47, 27.

HUNT v. HUNT26 VLR 252

HOLROYD, J.·7 Sept 1900·Supreme Court of Victoria

PracticeDivorce — Jurisdiction — Money for investigation of wife's case — Onus on husband to prove his inability to pay — "Marriage Act 1890" (No. 1166), s. 111.

IN RE RIDGWAY26 VLR 254

A’BECKETT, J.·21 May 1900·Supreme Court of Victoria

WillConstruction — Life interest.

COPELAND v. PHELAN26 VLR 257

A’BECKETT, J.·29 May 1900·Supreme Court of Victoria

WillDevise during widowhood — Estate for life.

IN RE DWYER26 VLR 263

MADDEN, C.J.·27 Apr 1900·Supreme Court of Victoria

WillConstruction — Joint tenancy — Land held under license from the Crown — Power of disposition — Terms of art — Interpretation of — "Bequeath" — "Freehold property" — Intestacy — Land Act 1869 (No. 360), s. 20.

HUDSON v. THE VICTORIAN RAILWAYS COMMISSIONER26 VLR 269

MADDEN, C.J., A’BECKETT and HOOD, JJ.·11 Sept 1900·Supreme Court of Victoria (Full Court)

PracticeAppeal — County Court — Jury — Verdict for plaintiff — Reservation of leave to move for nonsuit or verdict for defendant — Security for costs — Waiver — County Court Act 1890 (No. 1078), s. 133 — Negligence — Injury — Evidence — Question for jury.

IN RE THE INCOME TAX ACTS26 VLR 297

MADDEN, C.J., HOLROYD and HOOD, JJ.·12 Oct 1900·Supreme Court of Victoria (Full Court)

Income TaxEndowment policy — Mutual life assurance society — Participating member — Annual investigations of society's profits — Dividends of surplus of assets over liabilities amongst members — Reversionary additions to policies — Option of reduction of premium — Option of commutation for cash bonus — Payment of reversionary additions on maturity of policy — Liability to tax — Contract made by policy — Accretions of capital — Intention of Legislature as to taxation — Taxpayer's receipts which recur from year to year — Income Tax Act 1895 (No. 1374), s. 14 (1) (3).

GARRETT v. THE TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED26 VLR 310

HOLROYD, J.·14 Sept 1900·Supreme Court of Victoria

PracticeSecurity for costs — Plaintiff resident out of the jurisdiction — Discretion of the Court — Consideration of the merits of the action.

BRADFORD v. AITKEN26 VLR 314

A’BECKETT, J.·11 Apr 1900·Supreme Court of Victoria

TrusteeTrust funds — Investments — Breaches of trust — Lending trust moneys to a company — Loan on mortgage security — Financial position of borrower — Whether interest obtainable by entering into possession of mortgage property — Determination of value of land — Limit of amount proper to be lent by trustees on real estate — Interest chargeable against trustees — Trusts Act 1890 (No. 1421), ss. 25, 26.

ROBERTSON v. SMITH26 VLR 323

HODGES, J.·23 July 1900·Supreme Court of Victoria

WillConstruction — Contingent interest — "Become actually receivable" — "Entitled in expectancy" — Ascertainment of share — Right to interim income till happening of contingency — Maintenance of infant beneficiary — Accumulations of income.

IN RE O’HEARE26 VLR 328

MADDEN, C.J., HOLROYD and HOOD, JJ.·10 Oct 1900·Supreme Court of Victoria (Full Court)

Legal Profession Practice Act 1891 (No. 1216), s. 11 (3)Articled Clerk — Absence of clerk through illness — Master absconded before completion of articles — Application for discharge of articles — Service of rule nisi — Supplementary articles — Non-assignment of original articles — English practice — "Rules for Admission of Barristers and Solicitors 1892," r. 18.

IN RE McDONALD26 VLR 332

HOLROYD, J.·17 Sept 1900·Supreme Court of Victoria

InfantCustody of — Parent and child — Voluntary parting with custody by parent — Continuance of custody by other persons — Interference with parental right — Child interviewed by the Court — Facts influencing the discretion of the Court — Jurisdiction and control of Court — Habeas corpus — Sufficiency of return to writ of habeas corpus.

HICKS v. TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED26 VLR 339

A’BECKETT, J., MADDEN, C.J. and HOLROYD, J.·19 July 1900·Supreme Court of Victoria (Full Court)

TrustBreach of trust — Trust for sale to pay legacies, debts, testamentary expenses, and duties — Vacant and unproductive lands — Lands subject to mortgage and encumbrances — Delay in realizing — Large surplus of assets over liabilities depleted — Evidence disclosing prim facie breach of trust — Intervention of superior power or authority — Onus of proof — Person acting both as trustee and executor under a will — Trustee company — Liability for breach of trust.

THE GOULBURN VALLEY BUTTER FACTORY COMPANY PROPRIETARY LIMITED v. THE BANK OF NEW SOUTH WALES26 VLR 351

MADDEN, C.J., and HOLROYD and HOOD, JJ.·11 Oct 1900·Supreme Court of Victoria (Full Court)

CompanyBanking law — Private company — One-man company — Existence of company separate from shareholders — Ultra vires — Blank cheque — Memorandum of association — Business "in connection with any other person" — "Incidental and conducive to" — Articles of association — Powers of managing director — Presumption of regularity — Liability of bankers — Negotiable instrument — Debts of co-partner antecedent to partnership — Liability of co-partner — Companies Act 1890 (No. 1074), 2nd Schedule, Table A, r. 55.

THE GOULBURN VALLEY BUTTER FACTORY COMPANY PROPRIETARY LIMITED v. THE BANK OF NEW SOUTH WALES (NO. 2)26 VLR 365

MADDEN, C.J., HOLROYD and HOOD, JJ.·12 Oct 1900·Supreme Court of Victoria (Full Court)

PracticeSecurity for costs — Jurisdiction — Payment out of Court — Retention in Court pending appeal — Limited company — Rights of successful party — Curtailed by special circumstances — Appeal to the Privy Council — Supreme Court Act 1890 (No. 1142), Part VI., s. 231 — Order in Council, 9th June 1860 — Companies Act 1890 (No. 1074), s. 68 — Order XXII., r. 11.

IN RE BRITTEN26 VLR 371

HOOD, J.·28 Nov 1900·Supreme Court of Victoria

PracticeRule nisi, setting down of for hearing.

ALTSON v. DUNNE26 VLR 372

HOLROYD, A’BECKETT and HOOD, JJ.·2 Nov 1900·Supreme Court of Victoria (Full Court)

Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), ss. 4, 15, 22Proceedings under — Summons to debtor — Prior issue of distress warrant — Court of petty sessions — Who may be summoned and examined — Substitution of new order for imprisonment — "In default of distress or otherwise."

RYAN v. GRANT26 VLR 380

HOLROYD, J.·7 Sept 1900·Practice Court

GarnisheeMoneys in hands of clerk of petty sessions.

DYSON v. LITTLEJOHN26 VLR 383

HOOD, J.·6 Feb 1901·Practice Court

Police Offences Act 1890 (No. 1126), s. 5, sub-s. (xxiv.)Discharging firearms within a town — Public place.

THE COLONIAL FINANCE CORPORATION LIMITED v. GRAY26 VLR 386

HODGES, J.·15 Oct 1900·Supreme Court of Victoria

PracticePleading — Particulars — Affidavit — "Rules of Supreme Court 1884" — Order XIX., r. 7.

SANDFORD v. KING26 VLR 387

HODGES, J.·8 Oct 1900·Supreme Court of Victoria

Equitable executionAppointment of receiver — "Just and convenient" — Discretion of Court — Upon what considerations based — Supreme Court Act 1890 (No. 1142), s. 63 (8) — English "Rules the of Supreme Court 1883" — Order L., r. 15(A).

IN THE MATTER OF BILLOWS26 VLR 390

HODGES, J.·22 Oct 1900·Practice Court

InfantIllegitimate — Custody — Right of mother — Marriage of mother — Marriage Act 1890 (No. 1166), s. 35.

SHANNON v. WHITING26 VLR 392

HOOD, J.·13 Nov 1900·Supreme Court of Victoria

PracticeInterrogatories — Belief founded on documents not admissible in evidence.

RIDER v. MORRIS26 VLR 396

HOOD, J.·22 Nov 1900·Practice Court

Health Act 1890 (No. 1098), ss. 223, 224Noxious trade — Consent of council — Registration fees, payment of — Waiver.

HORSBURGH v. CHRISTIE26 VLR 399

HODGES, J.·3 Oct 1900·Practice Court

PracticePetty sessions — Jurisdiction — Special contract — Landlord and tenant — Use and occupation — Justices Act 1890 (No. 1105), s. 59.

IN THE MATTER OF THE PREMIER PERMANENT BUILDING LAND AND INVESTMENT ASSOCIATION26 VLR 403

HODGES, J., MADDEN, C.J. and A’BECKETT, J.·5 Nov 1900·Practice Court

CompanyAccounts — Auditor — Chief Clerk — Cash book — Companies Act 1896 (No. 1482), s. 141 — "Rules of 28th February 1900," rr. 4, 9 (1), Schedules IV., IX.

IN THE MATTER OF THE FACTORIES ACTS26 VLR 406

MADDEN, C.J., A’BECKETT and HODGES, JJ.·5 Nov 1900·Supreme Court of Victoria (Full Court)

Factories and Shops Acts, 1890 (No. 1091), s. 47, Schedule IV.; 1896 (No. 1445), ss. 3, 38; 1898 (No. 1597), s. 5 (2)Shops — Closing — Half-holiday — Regulation — Validity — Petition — Majority — "Class to be affected" — Mixed shops.

AUSTRALIAN FORGE AND ENGINEERING CO. LIMITED v. WOLLASTON26 VLR 414

MADDEN, C.J., A’BECKETT and HODGES, JJ.·8 Nov 1900·Supreme Court of Victoria (Full Court)

Customs and Excise Duties Act 1895 (No. 1401), s. 3, Schedule IV."Ships' fittings."

STEWART v. FLORANCE26 VLR 417

MADDEN, C.J., A’BECKETT and HODGES, JJ.·1 Nov 1900·Supreme Court of Victoria (Full Court)

Pounds Act 1890 (No. 1129), ss. 3, 9Trespass by cattle — Orchard — "Tillage" — "Mean and include" — Excessive trespass rates.

IN RE WOOD26 VLR 421

MADDEN, C.J., and HOOD, J.·8 June 1900·Supreme Court of Victoria (Full Court)

InsolvencyInsolvency Act 1897 (No. 1513), s. 20 — Trustee's remuneration — "Net amount realized and available for distribution" — Interpretation of statutes — Intention of Legislature — Redundancy.

FERNE v. WILSON26 VLR 422

MADDEN, C.J.·19 Oct 1900·Supreme Court of Victoria

Trade nameWords sufficient to convey trade name — Advertisement for tenders — Tender — Formal contract — Implied contract — "As a going concern," meaning of — "Goodwill," meaning of — Assignment to trustee for benefit of creditors — Assignment under pressure of creditors — Relations between assignor and purchaser from trustee — Right of assignor to use his old trade name — Right of assignor to canvass old customers — Inability of assignor to restrain person using his trade name — Rights of purchaser of trade implements or fixtures bearing trade name — Abandonment of trade name by non-user — Trade mark — "London and American Supply Stores" — Geographical name — Registration of trade name of another person as a trade mark — User of part of trade mark — Infringement — Trade Marks Act 1890 (No. 2) (No. 1183), s. 8.

MACKENZIE v. THE TRUSTEES EXECUTORS AND AGENCY CO. LTD.26 VLR 442

WILLIAMS, HOLROYD and HODGES, JJ.·5 Dec 1900·Supreme Court of Victoria (Full Court)

NegligenceDestruction of rabbits — Use of fire — Agent — Authority.

THE BENALLA WATERWORKS TRUST v. SWAIN26 VLR 449

WILLIAMS, HOLROYD, and HODGES, JJ.·6 Dec 1900·Supreme Court of Victoria (Full Court)

The Water Act 1900 (No. 1651), ss. 59, 60Rates made a charge on land — Mode of enforcing charge — Demand for payment.

HAYDON v. McLEOD26 VLR 452

HODGES, J.·13 Nov 1900·Supreme Court of Victoria

PracticeInterrogatories — Solicitor and client — Privileged communications — Letters — "Rules of Supreme Court 1884" — Order XXXI., r. 14.

STIRLING v. STIRLING26 VLR 456

HOOD, J.·23 Nov 1900·Supreme Court of Victoria

Practice divorceMarriage Act 1890 (No. 1166), s. 78 — Application for jury — Adultery, charge of — Direction to set suit down for trial — "The Divorce and Matrimonial Rules 1885," r. 44.

FISHER v. THE QUEEN26 VLR 460

HOLROYD, J.·19 Nov 1900·Supreme Court of Victoria

Limitations, Statute ofThe Crown — Applicability to — 21 Jac. I., c. 16.

IN RE WALKER26 VLR 465

MADDEN, C.J.·11 Oct 1900·Practice Court

CertiorariRule nisi — Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22 — Order of court of petty sessions — Summons to debtor to attend as witness — Place of attendance, sufficient description of — Heading of summons — Tender of expenses as witness — "Just excuse" for non-attendance — Fine for non-attendance as a witness, how enforceable — "Conviction" — "Order" — Jurisdiction to issue warrant of distress — Jurisdiction to imprison in default of distress — Justices Act 1890 (No. 1105), ss. 4, 36 (4), 59 (5), 94, 100, 113, 146, 147 — Crown Remedies and Liability Act 1890 (No. 1080), ss. 4 to 16 — Practice.

IN RE THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED26 VLR 490

HOLROYD, J.·19 Nov 1900·Supreme Court of Victoria

CompanyDifficulty in obtaining eligible securities — Alteration of memorandum of association — Enlargement of list of authorized securities — Enlargement of local area of company's operations — No immediate enlargement contemplated — Confirmation of alteration by Court — "Carry on business more economically or more efficiently" — Protection of shareholders and others — Interpretation — Sufficiency of notice — Companies Act 1896 (No. 1482), Division 4, ss. 77, 78, 79, 80.

IN RE HORWITZ26 VLR 500

HOOD, J.·13 Mar 1901·Supreme Court of Victoria

Local Government Act 1890 (No. 1112), ss. 49, 166, 248, 257Election of shire councillor — Ouster from office — Whether grant of rule for ouster discretionary — Qualification of councillor — Determination of "rateable value" — Rateable property — "Land" for the purposes of rating — Occupier — Separate occupations — Part of building structurally separate from the rest — Separate ratings — Principles of rating — Applicability of English decisions on questions of rating — Payment into court "to abide the event."

BELL v. ROWE26 VLR 511

MADDEN, C.J., HOLROYD, A’BECKETT, and HOOD, JJ.·6 Mar 1901·Supreme Court of Victoria (Full Court)

MortgagePayment by mortgagor to mortgagee's solicitors — Authority of solicitors to receive mortgage money — Implied authority — Embezzlement by a partner in a firm of solicitors — Liability of co-partners — Joint debt — Rights of joint creditors — Liabilities of joint creditors — Transfer of Land Act 1890 (No. 1149), ss. 92, 121, 123, 124, 131 and Schedule xii. — Mortgage — Covenant to repay — Effect of discharge of mortgage.

IN RE WOOD26 VLR 528

MADDEN, C.J., and HOOD, J.·8 June 1900·Supreme Court of Victoria (Full Court)

InsolvencyInsolvency Act 1897 (No. 1513), s. 20 — Trustee's remuneration — "Net amount realized and available for distribution" — Interpretation of statutes — Intention of Legislature — Redundancy.

IN RE GREY26 VLR 529

MADDEN, C.J., A’BECKETT and HODGES, JJ.·9 Nov 1900·Supreme Court of Victoria (Full Court)

TrusteeTrust funds — Solicitor agent — Moneys lent in name of solicitor — Misappropriation — Pencil entries by solicitor — Following trust moneys — Evidence.

IN RE MACLACHLAN26 VLR 548

HOOD, J.·30 Nov 1900·Supreme Court of Victoria

WillConstruction — Gift to charity — Rule against perpetuities — Conditional gift — Condition precedent or subsequent — Tenant for life — Remainderman — Live stock — Household furniture and effects.

IN RE HALL26 VLR 555

A’BECKETT, J.·17 Dec 1900·Supreme Court of Victoria

Practice probateCaveat — Order nisi to remove caveat — The Administration and Probate Act 1890 (No. 1060), ss. 18, 19.

IN RE WREN26 VLR 557

WILLIAMS, HOLROYD, and HODGES, JJ.·6 Dec 1900·Supreme Court of Victoria (Full Court)

TaxationBill of costs — Criminal proceedings — Scale of costs — Common Law Procedure Statute 1865, s. 440 — Crimes Act 1890 (No. 1079), s. 494 — Supreme Court Act 1890 (No. 1142), s. 25 — "The Rules of the Supreme Court 1884" — Order LXVIII., r. 1.

IN THE WILL AND CODICIL OF FLEMING26 VLR 559

MADDEN, C.J.·25 Sept 1900·Supreme Court of Victoria

ExecutorCommission — Company — Co-executor.

IN RE THE WILL AND ESTATE OF BRODIE26 VLR 562

A’BECKETT, HOOD, JJ., and MADDEN, C.J.·10 Dec 1900·Supreme Court of Victoria (Full Court)

Administration and Probate Act 1890 (No. 1060), Part V.Power of appointment by deed or will — Will operating as exercise of power of appointment — Direction to pay debts out of property subject to power of appointment — "Personal estate of or to which deceased was at his death possessed or entitled" — "Real estate comprised in such will" — Liability to probate duty — Nature of testator's interest in property in his lifetime — Intention of testator as to disposition of property subject to power of appointment — Wills Act 1890 (No. 1159), s. 25.

IN RE THE LICENSING COURT26 VLR 584

HOOD, WILLIAMS, HOLROYD, and HODGES, JJ.·6 Dec 1900·Practice Court

LicensingThe Licensing Act 1890 (No. 1111), ss. 58, 60, 61, 102 — Victualler's license — Objections to transfer — Fitness of transferree — Transfer of license — Application for — Judicial act.

SCOTT v. SCOTT26 VLR 588

HOOD, J., MADDEN, C.J., HOLROYD and A’BECKETT, JJ.·6 Dec 1900·Supreme Court of Victoria

DivorceDesertion — Antenuptial agreement — Marriage induced by fraud — Defence — Evidence — Public policy — Marriage Act 1890 (No. 1166), s. 74.

LEDWELL v. LEDWELL26 VLR 595

MADDEN, C.J., A’BECKETT and HOOD, JJ.·10 Dec 1900·Supreme Court of Victoria

DivorceDesertion — Domicile — "Resorting to" — Marriage Act 1890 (No. 1166), s. 74.

POPE v. CARR26 VLR 602

WILLIAMS, and HOOD, JJ.·7 Feb 1901·Supreme Court of Victoria (Full Court)

Health Act 1890 (No. 1090), s. 223Offensive trade or business — Business causing effluvia — Carriage of nightsoil.

ACETYLENE GAS CO. OF AUSTRALASIA LTD. v. MARKWALD26 VLR 607

HOOD, J.·5 Feb 1901·Supreme Court of Victoria

PracticeCommission to examine witnesses abroad — Delay and expense — Expert evidence.

CAMPBELL v. BROWNLESS26 VLR 609

HOOD, J.·14 Feb 1901·Supreme Court of Victoria

Practice"The Rules of the Supreme Court 1884" — Order L., r. 3 — Order for preservation of property — Bank notes.

MONTGOMERIE’S BREWERY CO. v. BLYTH26 VLR 612

A’BECKETT, J.·15 Feb 1901·Supreme Court of Victoria

CompanyDirector — Acceptance of shares — Prospectus — Secret profits — Promoter — Liability of director — Breach of trust — Measure of damages — Value of shares — Interest — Joint and several liability — Companies Acts, 1890 (No. 1074), sec. 152; 1896 (No. 1482), sec. 104 — Trustee — Statute of Limitations — Trusts Act 1896 (No. 1421), sec. 29 — Actio personalis moritur cum person — Supreme Court 1890 (No. 1122), s. 220.

EQUITY TRUSTEES EXECUTORS AND AGENCY CO. LTD. v. AYREY26 VLR 625

MADDEN, C.J.·13 Dec 1900·Supreme Court of Victoria

Landlord and tenantLease — Insolvent proprietor — Trustee in insolvency — Mortgage — Default — Registration — Transfer of Land Act 1890 (No. 1149), ss. 236, 237 — Insolvency Act 1890 (No. 1102), s. 3.

REGINA v. DOWDLE26 VLR 637

WILLIAMS, J.·12 Dec 1900·Criminal Court

Criminal lawDeath caused by an act done in committing a felony — Death caused by the act of one of several persons engaged in committing a felony — Murder — Constructive murder — Sufficiency of evidence.

IN RE METROPOLITAN PERMANENT BUILDING AND INVESTMENT SOCIETY26 VLR 642

MADDEN, C.J., WILLIAMS and A’BECKETT, JJ.·12 Feb 1901·Supreme Court of Victoria (Full Court)

CompanyBuilding Society — Winding-up — Amalgamation of companies — Administration of assets — Ultra vires.

COOPER v. COOPER26 VLR 649

MADDEN, C.J., A’BECKETT and HODGES, JJ.·5 Feb 1901·Supreme Court of Victoria (Full Court)

TrusteeMortgage — Possession — Foreclosure — Sale — Tenant for life — Remainderman.

MULLANY v. MILLER26 VLR 655

HOOD, J.·6 Feb 1901·Practice Court

Police Offences Act 1890 (No. 1126), s. 6Regulation — Obstructing footway.

SHAW v. LUGG26 VLR 658

HOOD, J.·26 Feb 1901·Practice Court

Mines Act 1890 (No. 1120), ss. 235, 254Appeal — Decision — Order.

HOUSE v. THOMSON26 VLR 660

HOOD, J.·27 Feb 1901·Practice Court

Income Tax Act 1895, 58 Vict. (No. 1374), s. 46Evading tax — Wilful neglect to furnish return — Two convictions.

ALBERD v. HICKINBOTHAM26 VLR 662

HOOD, J.·27 Feb 1901·Practice Court

Dog Act 1890 (No. 1084), ss. 14, 15, 17Dog — Wandering at large — Municipal officer — Wrongful seizure of dog — Owner informant.

FINCHAM v. SPENCER26 VLR 665

HOOD, J.·28 Feb 1901·Supreme Court of Victoria

PracticeWrit — Service out of the jurisdiction — Action on contract — Work done in New South Wales — Place of payment — Duty of debtor to seek creditor — "Breach within the jurisdiction of any contract wherever made" — Supreme Court Act 1890 (No. 1142), s. 85.

SKINNER v. THE TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED26 VLR 670

A’BECKETT, J.·25 Mar 1901·Supreme Court of Victoria

Trustee companyTrust fund — Investment of trust fund — Investment not authorized by trust deed — "Security" — Construction of deed — Assignment of right to sue for prior breaches of trust — Deposit with bank — Breach of trust — Omission to sue for trust money due — Duty of trustee to make personal investigation — Discretion of trustee — Scheme of reconstruction of company — Inaction by trustee — Liability of trustee — Trustee acting under the compulsion of an Act of Parliament — Companies Act Amendment Act 1892 (No. 1269), s. 3.

REX v. SMITH26 VLR 683

MADDEN, C.J., HOOD and WILLIAMS, JJ.·3 Apr 1901·Supreme Court of Victoria (Full Court)

Criminal lawCrimes Act 1891 (No. 1231), s. 33 (2) — Unsworn testimony of child — Corroboration.

IN RE THE AUSTRALIAN DEPOSIT AND MORTGAGE BANK26 VLR 687

HOOD, HOLROYD, A’BECKETT, JJ., and MADDEN, C.J.·14 Mar 1901·Supreme Court of Victoria (Full Court)

CompanyWinding-up — Voluntary liquidation — Agreement — Interest — Supervision order — Reconstruction — Companies Acts, 1890 (No. 1074), ss. 124, 137, 146, 147, 148, 157; 1892 (No. 1269); 1896 (No. 1482), s. 153 (2); 1900 (No. 1699), s. 14 — Reconstructed Companies Act 1893 (No. 1356), s. 13.

PAYNE v. THE QUEEN26 VLR 705

MADDEN, C.J. and A’BECKETT and HOOD, JJ.·1 May 1901·Supreme Court of Victoria (Full Court)

Probate dutyRules as to locality of assets for probate purposes — Locality of mortgage debt secured upon land — Lex domicilii — Simple contract debt — Specialty debt — Inability of mortgagee to re-convey mortgaged property — Statement for duty — Transfer of mortgage by father to son — Gifts by father to son — Valid alienation — Intent of donor — Intent of donee — Construction — "With intent to evade the payment of duty" — Change in form or value of property given away — Upon what duty chargeable — Duty paid to obtain probate so as to administer estate — Money voluntarily paid under mistake of law — "Voluntary" — Procedure to recover back probate duty — Action for money had and received against the Crown — Mandamus — Laches — Administration and Probate Act 1890 (No. 1060), ss. 105, 106, 115 — Real Property Act of New South Wales (26 Vict., No. 9), ss. 35, 40, 78.

McGLINCHY v. NARRACOTT26 VLR 766

MADDEN, C.J. and WILLIAMS, J.·13 June 1901·Supreme Court of Victoria (Full Court)

Factories and Shops Act 1900 (No. 1654), s. 4; s. 15 (1), (10), (11), and (14); ss. 16, 17, and 18"Improvers," meaning of — Special Boards, appointment of — Determination of Special Board, effect of.

FISHER v. THE QUEEN26 VLR 781

MADDEN, C.J., A’BECKETT, WILLIAMS and HOOD, JJ.·27 May 1901·Supreme Court of Victoria (Full Court)

Public service of VictoriaPublic servant — Residence in Government building — Deduction from salary for rent — "Quarters" — "Entitled" — Appropriation Acts — Contract — Acquiescence — Statute of Limitations — Public Service Acts (Civil Service), 1862 (No. 160), s. 52; 1883 (No. 773), s. 89; 1890 (No. 1133), s. 136.

IN RE MARSHALL26 VLR 816

HOOD, J.·28 May 1901·Practice Court

Criminal lawHabeas corpus — Warrant — Evidence — Identity — Accused person — Signature of warrant — Jurisdiction — Police magistrate — The Fugitive Offenders Act 1881 (44 & 45 Vict., c. 69), ss. 3, 5, 9.

IN RE NEVITT26 VLR 822

MADDEN, C.J., WILLIAMS and HOOD, JJ.·27 May 1901·Supreme Court of Victoria (Full Court)

Articled clerkService under articles — Continuous service — Supplementary articles — Legal Profession Practice Act 1891 (No. 1216), s. 15 (3).

KENNEALY v. BROWN26 VLR 825

HOOD, J.·3 Apr 1901·Practice Court

Factories and Shops Act 1890 (No. 1091), s. 3Shop — Half-holiday — Occupier — Auction — "Exposed or offered for sale."

FERNE v. WILSON26 VLR 829

HOOD, J.·28 Mar 1901·Supreme Court of Victoria

CostsReview of taxation — "Issues" — General costs of action.