IN THE WILL OF CRAIG27 VLR 1
Practice — Probate — Sealing foreign probate — Affidavit of conformity — Affidavit of search — Administration and Probate Act 1890 (No. 1060), ss. 40, 42, 43 — "Probate and Administration Rules 1900," r. 1.
View Victorian Reports and Victorian Law Reports by volume number
Cases reported in this volume of the Victorian Reports
Practice — Probate — Sealing foreign probate — Affidavit of conformity — Affidavit of search — Administration and Probate Act 1890 (No. 1060), ss. 40, 42, 43 — "Probate and Administration Rules 1900," r. 1.
Supreme Court Act 1890 (No. 1142), ss. 110, 113 — Writ of capias — Summons to set aside writ of capias — Leaving colony so that "action will be defeated," meaning of — Evidence — Practice.
Local Government Act 1890 (No. 1112), ss. 3; 191, 193, Schedule 13, Part I., clause 44 — Local Government Act 1874 (No. 506), s. 5, Schedule 13, Part I., clause 44 — Municipal council — By-law — Scope of authority of framers — Legality — Reasonableness — Driving "cattle" during prohibited hours — Amendment of by-law — Costs.
Contempt of court — Assault on process server — Assault after service of process.
Public Service Act 1862 (No. 160), ss. 39, 41, 43, 44 — Public Service Act 1883 (No. 773), ss. 2, 99 — Public Service Act 1889, s. 25 — Dismissal from Public Service — Retirement from Public Service — Superannuation or retiring allowance.
"Rules of the Supreme Court 1900" — Order XXX., r. 1 (a) and (b) — Summons for directions — Several defendants — Practice.
Factories and Shops Act 1896 (No. 1445), s. 48 (1) — Half-holiday — "Permit" — Justices Act 1890 (No. 1105), s. 191 — Offence proved of a trifling nature, power of justices to dismiss — Duty of justices to state reasons for decision.
Practice — Judgment dismissing appeal — Jurisdiction to set aside.
Income Tax — Income Tax Act 1895 (No. 1374), s. 14 (1) (3) — Income — Annuity payable in the discretion of trustees.
Certiorari — Landowner — Claim — Lands Compensation Act 1890 (No. 1109), ss. 13, 14, 15, 35, 67 — Railway Lands Acquisition Act 1893 (No. 1288), ss. 27, 28, 29 — Judicial proceeding — Arbitration — Evidence — "Enhancement in value" — "Adjoining" — Advantages — Rule nisi — Discretion — Costs.
Practice — Stay of proceedings — Action pending in County Court — Issue of writ in Supreme Court — Same parties — Same cause of action — Jurisdiction — Election — Costs — "Rules of Supreme Court 1900" — Order XIV. (A), r. 1.
Marine Act 1890 (No. 1165), ss. 74, 175, 176, 177, 181, 183, 185 — "Court of Marine Inquiry Rules1890" — Formal investigation — Procedure — Charge of misconduct against pilot — Nature of trial — Pilot called as witness on behalf of Marine Board — Question tending to incriminate — Investigation into a casualty — Constitution of the Court — How and by whom determined — Skilled members — Conditions precedent to hearing of a charge — Rights of Marine Board upon a hearing — Decision of Court not vitiated by knowledge of finding of previous Court in respect of same subject-matter.
Appeals — Special bar to appeal to the Full Court — Interlocutory order — Onus of proof — Conditions precedent to granting of special leave to appeal — Supreme Court Act 1900 (No. 1696), s. 2 (1) (6).
Insurance — Guarantee or fidelity policy — Payments voluntarily made by person guaranteed to or for the use of the assured — Set-off.
Electric Light and Power Act 1896 (No. 1413), ss. 2, 13, 37 (1), (2), 38 (1), 39 — Supply of electricity for lighting purposes — Supply of electricity for motive power — Right of undertaker to charge different prices for different classes of supply of electricity.
Transfer of Land Act 1890 — Mortgage — Transfer without notice to mortgagor — Payments by mortgagor to original mortgagee subsequently to transfer — Registration of transfer of mortgage — Notice — Transfer of Land Act 1890 (No. 1149), ss. 89, 90.
Practice — "Rules of the Supreme Court 1900" — Order LVIII., r. 7 — Appeal book, settlement of.
Licensing Act 1890 (No. 1111), ss. 68, 72 — Cancellation of club's certificate — Summons — Service of notice — Jurisdiction of Licensing Court — Preliminary objection, waiver of — Certiorari — Costs, power to award.
Municipality — Flagging footway — Expenses — Recovery — Owner — Cause of action — Justices' jurisdiction — Limitation — Local Government Acts 1890 (No. 1112), s. 447; 1891 (No. 1243), s. 108 — Justices Act 1890 (No. 1105), s. 201.
Vermin Destruction Act 1890 (No. 1153), ss. 3, 14, 15 — Land Act 1890 (No. 1106), ss. 2, 3, 123 — Land Act 1898 (No. 1602), ss. 116, 117, 118 — Grazing license — "Owner or occupier" — "Holding any land under license from the Crown."
Practice — Damages, calculation of — Writ for service out of jurisdiction — No appearance — "Rules of the Supreme Court 1884" — Order XIII., r. 6 * * — Order XXXVI, r. 57 — Supreme Court Act 1890 (No. 1142), ss. 85, 86.
Mines Act 1897 (No. 1514), ss. 76 and 77 — Regulation — Application for compensation before warden — Marking out of portion of land required — Notice of appeal, grounds stated in.
Criminal law — Embezzlement — Public servant — Crimes Act 1890 (No. 1079), s. 142.
Public Service Act 1900 (No. 1721), ss. 3, 4 — Public Service Reclassification Act 1897 (No. 1542) — Vacancy in reclassified office — Who may be candidates — Right to promotion.
"Rules of the Supreme Court 1900" — Order XXX., r. 5 — Order for directions — Application subsequent to order for directions, form of — Copy of issues — Practice.
Criminal law — Larceny — "Clerk, servant, or agent" — Liquidator of company — Crimes Act 1890 Amendment Act 1896 (No. 1478), s. 2.
Practice — Notice of trial without pleadings — Default of appearance — Summons for directions — Necessity for statement of claim — "Rules of the Supreme Court 1884," Order XIII., r. 12 — "Rules of the Supreme Court 1900," Order XVIII.a.
Police Offences Acts 1890 (No. 1126), s. 40 (1); 1891 (No. 1241), s. 11 — Evidence — Admissibility — Insufficient lawful means of support — Prim facie case — Onus of proof.
Practice — Leave to appeal to Privy Council — "Feeling aggrieved" — Order in Council, 9th June 1860.
Divorce — Adultery of petitioner — Discretionary bar — Marriage Act 1890 (No. 11), s. 86.
Criminal law — Admissibility of evidence — Statement by witness to third person — Question asked by jury — Evidence Act 1890 (No. 1088), s. 60.
Vermin Destruction Act 1890 (No. 1153), ss. 58, 59 — Closed roads — Swing gates — Leaving gate open, penalty for — Evidence — Supplementary evidence at hearing of order nisi to review.
Trusts Act 1896 (No. 1421), s. 19 — Infant — Maintenance — Corpus, breaking into.
Marriage Act 1890 (No. 1166), s. 42 — Husband and wife — Separation by consent — Leaving wife without means of support.
Marriage Act 1890 (No. 1166), s. 43 — Maintenance of illegitimate child — Admission by defendant — Evidence — Costs.
Supreme Court Act 1890 (No. 1142), s. 62 (5) — Stay of proceedings — Infringement of patent — Injunction — Application by third party to set aside judgment — Permission to third party to defend action — Third party indirectly or commercially affected by judgment — Judgment by consent before time for defence had expired — Right of third party to object.
Practice — Summons for directions — Adjournment of summons for directions — Further applications — Notice — Summons — "Rules of the Supreme Court 1900" — Order XXX., rr. 2, 5.
Company — Director — Acceptance of shares — Secret profits — Promoter — Liability of director — Breach of trust — Fraud — Measure of damages — Option — Value of shares — Rate of interest — Joint and several liability — Companies Acts, 1890 (No. 1074), s. 152; 1896 (No. 1482), s. 104 — Trustee — Statute of Limitations — Trusts Act 1896 (No. 1421), s. 29 — Cause of action — Actio personalis moritur cum person — Supreme Court Act 1890 (No. 1122), s. 220.
Practice — Appeal — Jurisdiction — Full Court — Habeas corpus — Criminal cause or matter — "Mixed matters" — The Fugitive Offenders Act 1881, 44 & 45 Vict., c. 69 — Supreme Court Act 1890 (No. 1142), s. 11.
Factories and Shops Act 1900 (No. 1654), ss. 15 and 16 — Special Board, appointment of — Vacancies in Special Board, power of Governor in Council to fill — Employers, representatives of on Special Board — Watchmen, wages of — Determination of Special Board, rule to quash.
Trustee company — Trust fund — Deposit with bank — Omission to sue for money due — Discretion of trustee — Trusts Act 1896 (No. 1421), s. 29 — Statute of Limitations — Retrospective effect of statutes — Statutory obligation — Charge on assets — Period of limitation — The Trustees Executors and Agency Company's Act 1879 (No. 644), ss. 4, 5 — Trustee holding many trusts — Duty to each trust.
Probate practice — Executor — Transfer of executorship to trustee company — Passing of accounts by original executor.
County Court Act (No. 1078), ss. 47, 62 — "Rules of County Court 1890," rr. 197, 200, 204 — Practice — Payment into Court with denial of liability — Non-acceptance by plaintiff of amount paid in — Verdict for plaintiff for not more than amount paid in — Costs — Discretion of Judge — Form of order.
Public Service Act 1862 (No. 160), ss. 27, 39, 41, 43, 44 — Public Service Act 1883 (No. 773), ss. 2, 99 — Public Service Act 1889, s. 25 — Dismissal from Public Service — Retirement from Public Service — Superannuation or retiring allowance.
Probate practice — Will — Interlineation or alteration — Presumption that interlineation or alteration made after execution — Rebuttal of presumption — Oath of attesting witnesses — Rule of practice — Nature of interlineation or alteration — Internal evidence of will — Sufficiency of description of testator — Revocation of grant of probate — Registrar of Probates, decisions of — Review by Court of its own decision — Administration and Probate Act 1890 (No. 1060), s. 29.
Extradition Act 1870, 33 & 34 Vict., c. 52 — Fugitive criminal — Extradition — Fraudulent bankrupt — Requisition — Federation of Australia — Effect.
Constitution Act Amendment Act 1890 (No. 1075), ss. 220, 282 — Parliamentary election — Deposit on nomination — Assignment — Assignable interest — Notice to returning officer of assignment — Requisition to returning officer to pay to assignee — Stamp duty — Stamps Act 1890 (No. 1140), s. 80 (2).
Practice — Taxation of costs — Lands Compensation Act 1890 (No. 1109), ss. 30, 43 — Costs of arbitration under Lands Compensation Act 1890 — Review of taxation by Supreme Court — Arbitration — Arbitrator's duties — Arbitrator seeking advice of attorney of either party — Elements to be considered upon taxation — Amount in dispute — Skill and labour involved — Interference of Court with discretion of taxing officer on question of amount — Legal Profession Practice Act 1891 (No. 1216) — Brief fees — Rule of taxation where same practitioner acts both as solicitor and counsel — Term fees.
Infant — Capacity to contract — Mines Act 1890 (No. 1120).
Residence area — Marking out — Complaint for trespass against person in possession — Title to land — Mining.
Insolvency Acts, 1890 (No. 1102), s. 11; 1897 (No. 1513), ss. 32, 40, 41, 67, 71, 83, 115 — Deed of arrangement — Trustee — Duties — Official accountant — Party — Appeal — Order.
Land Act 1890 (No. 1106), s. 191 — Vermin districts, local committees for — Recovery of rates for destruction of vermin.
Vermin Destruction Act 1890 (No. 1153), ss. 7, 14 — Duty of owner of land to destroy vermin.
Practice — Evidence — Certified copy — Certificate of registration of birth — Proof of date of birth — Registration of Births Deaths and Marriages Act 1890 (No. 1137), s. 31 — Evidence Act 1890 (No. 1088), s. 23.
Practice — Security for costs — Plaintiff a foreign limited company — Voluntary liquidation by reason of liabilities — Companies Act 1890 (No. 1074), s. 68 — Act 19 Vict. (No. 12) of New South Wales.
Income tax — Produce of property in Victoria — Debt — Interest — Victorian company — Debentures payable in London — Domicile — Income Tax Acts, 1895 (No. 1374), ss. 2, 5 (b); 1898 (No. 1592), s. 3 (b).
Order to review — Justices Act 1898 (No. 1584), s. 2 — "Important question or principle of law."
Order to review — Justices Act 1898 (No. 1584), s. 2 — "Important question or principle of law" — Sum involved not exceeding five pounds — Objection to order, when to be taken — Registration of Firms Act 1892 (No. 1256), s. 13 (1) and (2) — Persons in default ordered to register — Police court.
The Railways Act 1896 (No. 1439), s. 21 — Actions against Commissioner — Actions for losses caused by sparks from railway engine — Arbitration — Stay of action — County Court.
Appeal to General Sessions — Non-appearance of respondent either by himself or counsel — Allowance of appeal — Quashing of conviction — Justices represented by counsel — Practice of Court of General Sessions — Justices Act 1890 (No. 1105), s. 128.
Insolvency — Certificate of discharge — Offences — Suspension of certificate — Refusal — Discretion — Insolvency Acts, 1890 (No. 1102), s. 141; 1897 (No. 1513), s. 92.
Shipping — Charter-party — Construction — Owner domiciled in Scotland — Charterer domiciled in Victoria — Ship on Glasgow register — Payment of hire in Glasgow — Option of purchase by charterer — Ship subject to mortgage — Transfer to Melbourne register for special purposes — Place of payment of purchase-money — Clear title to ship — Equitable rights of purchaser — Necessity for bill of sale and registration of transfer — Detinue or conversion of ship — "Handing over" by owner — Necessity for re-delivery — "Classed A1 in good order and condition" — Classification at Lloyd's — "Always safely lie afloat" — Injury to ship — Liability of charterer.
Electoral law — Commonwealth elections — House of Representatives, elections in Victoria to — Application of Victorian electoral law to Commonwealth elections — "Law relating to elections" — Procedure — Statute barred actions — Contract — Actions by or against candidate — Liability of candidate — Commonwealth of Australia Constitution Act (63 & 64 Vict., c. 12), s. 31 — Constitution Act Amendment Act 1890 (No. 1075), Part V., Division 3, s. 282.
Appeal to Privy Council — Order in Council — Appealable amount — Practice.
Licensing Act 1890 (No. 1111), s. 121 — Permitting drunken persons to be on licensed premises — Knowledge of licensee or person in charge of bar.
The Instruments Act 1890 (No. 1103), s. 133 — Absolute bill of sale — Consideration for bill of sale wrongly stated.
Vermin Destruction Act 1890 (No. 1153), s. 15 — Notice to destroy vermin — Neglect to take all necessary means to destroy all vermin — Second offence, what is.
Trusts Act 1896 (No. 1421), s. 29 (1) — Limitation — Breach of trust — Exception — Express trust — Debts — Specific devise — Costs.
Contract for sale of land — Correspondence — Parol agreement — Memorandum in writing — Statute of frauds — Instruments Act 1890 (No. 1103), s. 208.
Stamps — Settlement, deed of — Indenture of settlement — Stamps Acts, 1890 (No. 1140), s. 71; 1892 (No. 1274), s. 28 — Schedule Division VIII.
Practice — "Rules of Supreme Court 1900" — Order XXX., r. 1 (b) — Entry of judgment in default of defence — Summons for directions.
Practice — "Rules of the Supreme Court 1884" — Order LXV., r. 27 (48) — Costs — Refresher fees — Legal Profession Practice Act 1891 (No. 1216), s. 8 (1) — "Substantial attendance" by counsel.
The Commonwealth of Australia Constitution Act [63 & 64 Vict., c. 12], s. v., Ch. i., s., 51 — Act of Parliament — Powers of Federal Legislature — State Courts — Ultra vires — Validity — Customs Act 1901 [1 Edw. VII., No. 6], ss. 127, 128, 192 — Ship's stores — Breaking seals — Territorial waters — Penalties.
"Rules of the Supreme Court 1884" — Order LXV., r. 27 (8) (29) (38) — Costs of separate defences — Taxing officer's discretion.
Probate practice — Executor's affidavit identifying will — "Probate and Administration Rules 1900," r. 4.
Mortgage — Transfer — Foreclosure — Notice — Demand — Service by post — Transfer of Land Act 1890 (No. 1149), ss. 114, 115, 121.
Will — Construction — Trust — Unappropriated income — Accumulation — Corpus — Real estate — Sale — Infant — Administration action — Jurisdiction of Court — Lease — Doctrine of salvage — Dilapidations — Repairs — Debentures sale — Maintenance — Education — Discretion of trustee — Trusts Act 1890 (No. 1150), s. 74.
Trustee — Breach of trust — Books of account — Evidence — "Rules of Supreme Court 1884" — Order XXXIII., r. 3.
Landlord and Tenant Act 1890 (No. 1108), ss. 92, 93 — Ninth Schedule — Tenant holding over — Ejectment — Complaint — Obligation to use schedule form — Signing of complaint by justices.
Legal Profession Practice Act 1895 (No. 1387), s. 5 — Legal Profession Practice Act 1891 (No. 1216), s. 11 (3) — Construction — Articled clerk — Bachelor of Laws — Articles of clerkship — "Term of two years" — Break in service occasioned by absence of master — Supplementary articles — Non-compliance with statutory requirements — English practice.
Legal Profession Practice Act 1895 (No. 1387), s. 5 — Articled Clerk — Contemplated absence of master — Application for leave to transfer articles — Cancellation of articles — Fresh articles — Necessity for application to Court — English practice.
Health Act 1890 (No. 1098), Part IX., ss. 191, 194, 204, 214 — Vaccination — Prosecution for non-vaccination — Proof necessary to establish prim facie case — Proof of sending notices re vaccination — Division of Victoria into vaccination districts — Appointment of places in particular districts for performance of vaccination — Proclamation by Governor in Council — Appointment of public vaccinator for particular district — Onus of proof — Deputy-Registrar of births, deaths, and marriages — Discontinuance of duties of — Births Deaths and Marriages Transfer Act 1893 (No. 1303), s. 5 — Non-vaccination proved on date when child nine months old — Sufficiency of notice.
Veterinary Surgeons Act 1890, s. 23 — Unregistered person using word "veterinary" — "Veterinary shoeing forge."
Criminal law — Extradition — Interpretation of treaties — Treaty between Great Britain and Switzerland, 26th November 1880, Articles V., VIII. — "Month" — Proof, to whom furnished — Extradition Act 1870 (33 & 34 Vict., c. 52), ss. 2, 3, 5, 10, 20, Second Schedule — Extradition Act 1877 — Form of warrant of committal — 52 & 53 Vict., c. 63, s. 3 — Acts Interpretation Act 1890, s. 2.
Trespass — Court of inferior jurisdiction — Jurisdiction — Petty sessions — Order — Action of trespass against justices — Knowledge — Landlord and tenant — Notice to quit — Notice of intention to proceed to recover possession — Tenant — Appearance — Landlord and Tenant Act 1890 (No. 1108), ss. 92, 93.
Easement — Light and air — Obstruction — Cause of action — Recovery of damages — "Statute of Limitations" — 21 Jac. 1, cap. 16, s. 3.
Vermin Destruction Act 1890 (No. 1153), s. 15 — Vermin Destruction Act 1901 (No. 1770), s. 4 — Special tribunal — Court of Petty Sessions — "Necessary means to destroy" — "Practicable and reasonable" — Form of information — Duplicity.
Will — Construction — Declaration to trustees to sell "with all convenient speed" — Power to postpone sale and grant leases — Discretion of trustees — Jurisdiction of Court — Representation of infants on applications affecting their interests.
Income Tax Act 1895 (No. 1374), ss. 14 (1), 15 (1), 23, 24, 25, 30, 34, 53, 56 — Liability to taxation — By whom amount of tax determined — Objections to amount of assessment — Appeals under the Income Tax Acts — Probative force of assessment register — "Mining speculator" — "Mining investor" — Relief against mistake in law — Equitable jurisdiction of the Supreme Court — Relief in the case of simple money demand — "Voluntary payment."
Public Service of Victoria — Civil servant — Classification — State school teacher — "Rates of salaries and results" — Supplementary roll — Public Service Ac 1890 (No. 1133), ss. 77, 94 — Teachers Act 1895 (No. 1382), s. 2.
Public Service of Victoria — Civil servant — Classification — "Salary" — Allowances — Appointment — Temporary or permanent — Public Service Acts, 1862 (No. 160); 1883 (No. 773), ss. 16, 27, 28; 1890 (No. 1133), ss. 22, 30, 31 — Order in Council — Estoppel — Mistake — Evidence.
The Stamps Act 1899 (No. 1140), s. 89 — "Receipt" — Duplicate receipt.
Electric Light and Power Act 1896 (No. 1413), ss. 37 (1), (2), 38 (1), 39 — Supply of electricity for lighting purposes — Supply of electricity for motive power — Charge for supply of electricity.
Police Offences Act 1890 (No. 1126), ss. 57 and 58 — Gaming house — Warrant for arrest — Jurisdiction to hear information without disposing of warrant — Persons having care and management of premises where gaming is carried on — Licensee of public-house — "Premises."
Practice — Taxation of costs — Lands Compensation Act 1890 (No. 1109), ss. 30, 43 — Costs of arbitration under Lands Compensation Act 1890 — Review of taxation by Supreme Court or a Judge thereof — Appeal from review of taxation — Supreme Court Act 1890 (No. 1142), ss. 37, 61 — Appeal to Full Court from decision of single Judge in any civil or mixed matter — Appeal to Full Court from decision in Chambers — "Rules of the Supreme Court 1884."
Insolvency Act 1890 (No. 1102), s. 139 — Insolvency Act 1897 (No. 1513), s. 92 — Certificate of discharge, grant of — Condition as to payment of seven shillings in the pound — Power of Court to dispense with or modify condition — Repeal by implication — Insolvency of infant — Judgment debt against infant — Defence of infancy in action for money had and received — Review of judgment by Court of Insolvency — Ratification by lapse of time.
Service and Execution of Process Act 1901 (No. 11), s. 10 — Service out of the jurisdiction — Security for costs — Commonwealth of Australia Act (No. 11).
Set-off — Cross claims — Inference of mutual payments — Rebuttal of inference — Intention of parties — Money had and received — Equitable action — Liability of defendant.
Will — Devise — Rule in Shelley's Case — Trustee — Direction to convey — Equitable estate — Volunteer — Statute of Limitations — Real Property Act (No. 1136), ss. 38, 39 — Mesne profits — Laches — Administration action — Jurisdiction to order reconveyance — Practice — Amendment of special case.
Marriage Act 1890 (No. 1166), s. 43 — Order of justices — Maintenance order — Surety.
Escape — Place of legal confinement — Evidence — Term for which committed — Police Offences Act 1890 (No. 1126), s. 42 (1).
County Court Act 1890 (No. 1078), s. 121 (iii.), (v.) — Vesting order — Jurisdiction of County Court — Local Government Act 1891 (No. 1243), s. 64 — Charge on land.
Practice — Originating summons — Jurisdiction — Question arising in administration — "Rules of Supreme Court 1884" — Order LV., r. 3 (g).
Companies Act 1900 (No. 1699), s. 3 (3) — Policy of life assurance not to be assets for payment of debts — Companies Act 1890 (No. 1074), s. 371 — Assignment of policy — Marshalling of assets.
Companies Act 1890 (No. 1074), s. 90 — Liquidator bringing action in the name and on behalf of the company.
Justices Act 1890 (No. 1105), s. 75 — Proceedings to be had at nearest Court — Husband leaving wife without means of support — Place where subject matter of complaint arose.
Criminal law — Extradition — Extradition Act 1870 (33 & 34 Vict., c. 52), ss. 7, 8, 10, 12, 14, 17, 18, 21, 26 — Extradition Act 1873 (36 & 37 Vict., c. 60) — Extradition Act 1877 (No. 588) — "Governor" — Requisition for extradition to Governor-General of Australia — Habeas corpus — Discharge of fugitive criminal upon habeas corpus — Re-arrest — Autrefois acquit — Treaty between Great Britain and Switzerland, 26th November 1880 — Effect of non-compliance with Article VIII. — Habeas Corpus Act (31 Car. II., c. 2), s. 6 — Application to extradition proceedings — Application of Imperial Extradition Acts to Victoria — Commonwealth of Australia — "British possession."
Lunacy Act 1890 (No. 1113), ss. 159, 172 — Power of Court over inquiries by Master as to next `to kin — Special report of Master, right of parties to demand.
Carriages Act 1890 (No. 1070), ss. 3, 4, 5 — "Hackney carriage" — By-laws of the City of Melbourne under the Hackney Carriages Act 1864: By-law No. VIII. — License for hackney carriage — Tramcar — Melbourne Tramway and Omnibus Company's Act 1883 (No. 765), ss. 22, 54: Agreement in Fourth Schedule, clause 14 (4) — Owner of tramcar — Necessity to have license:
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22, Fourth Schedule, Form I. — Court of petty sessions — Form of summons to debtor — "Matters hereinbefore mentioned and set out in such summons" — Examination of debtor, scope of — "As to the disposal you have made of your property" — Past means — Intention of Act — Evidence to warrant commitment of debtor — "Neglect."
Trustee — Repairs to trust estate — Obligation of tenant for life to repair — Duty of trustee — Expenses of repairs, how borne — Application to Court by trustee for indemnity.
Gaming — Police Offences Act 1890 (No. 1126), s. 51 — Betting — Use of premises for purpose of betting — "Using" — Evidence of consent of owner or occupier — Allegation of offence.
Gaming — Street Betting Suppression Act (No. 1436), s. 2 — Belting in streets — Duplicity in information — Plea of guilty.
Gaming — Information disclosing no offence — Plea of guilty — Order nisi to review.
Practice — Taxation of costs — Originating summons — Instructions for brief — Managing clerk's fee — Trial — Proceedings before Chief Clerk — Scale of costs.
Practice — "Rules of the Supreme Court 1900" — Order XXX. — Summons for directions — No appearance for defendant.
Employers and Employs Act 1890 (No. 1087), Part III. — Joinder of claim under the Act with common law claim for negligence.
Railways Act 1890 (No. 1135), ss. 86, 87, 119 — Railways Act 1896 (No. 1439), s. 11 — Suspension by officer at head of branch — Wages during suspension — Pleading — Appropriation by Parliament of railways employs' wages — Action against Railways Commissioner — Irregularity in proceedings of Railways Appeal Board — Action for wrongful dismissal — Limitation of action — Notice of action — Application of section of an earlier Act to a later Act.
Priority — Real estate — Conflicting equities — Qui prior est tempore polior est jure — Rule — Burden of proof — Notice — Caveat — Transfer of Land Act 1890 (No. 1149), ss. 74, 140, 144, 145.
Commonwealth law — Customs prosecution — Court of summary jurisdiction — Court of petty sessions in Victoria — Appeal from conviction or order of dismissal — "Appeal" by way of order to review to Supreme Court of Victoria — Criminal law — Charge of presenting false invoice with intent to defraud revenue — Goods not dutiable — "Attempt to commit an offence" — Test of intent to do a criminal act — Commission of offence impossible — "Revenue" — "Defraud the revenue" — Commonwealth Customs Act 1901 (No. 6), secs. 153, 154, 234 (c), 236, 241, 245, 248 — Operation of Part VIII. — Regulations under Customs Act 1901 of 10th October 1901; Regulation 19.