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27 VLR(120 results)

Cases reported in this volume of the Victorian Reports

IN THE WILL OF CRAIG27 VLR 1

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

PracticeProbate — 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.

O’CONNOR v. PITCAIRN27 VLR 2

HOOD, J.·16 Apr 1901·Supreme Court of Victoria

Supreme Court Act 1890 (No. 1142), ss. 110, 113Writ of capias — Summons to set aside writ of capias — Leaving colony so that "action will be defeated," meaning of — Evidence — Practice.

IN RE THE BOROUGH OF FLEMINGTON AND KENSINGTON27 VLR 7

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

Local Government Act 1890 (No. 1112), ss. 3; 191, 193, Schedule 13, Part I., clause 44Local 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.

ULLATHORNE, HARTRIDGE AND COMPANY LIMITED v. GREEN27 VLR 22

WILLIAMS, J.·24 Apr 1901·Supreme Court of Victoria

Contempt of courtAssault on process server — Assault after service of process.

COLLIER v. THE KING27 VLR 25

WILLIAMS, J.·24 Apr 1901·Supreme Court of Victoria

Public Service Act 1862 (No. 160), ss. 39, 41, 43, 44Public 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.

HARRISON v. BROMLEY27 VLR 30

MADDEN, C.J.·20 May 1901·Supreme Court of Victoria

"Rules of the Supreme Court 1900"Order XXX., r. 1 (a) and (b) — Summons for directions — Several defendants — Practice.

ELLIS v. HARTLEY27 VLR 31

MADDEN, C.J.·22 May 1901·Practice Court

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.

BARKER v. WILSON & MacKINNON27 VLR 36

MADDEN, C.J., WILLIAMS, and HOLROYD, JJ.·2 May 1901·Supreme Court of Victoria (Full Court)

PracticeJudgment dismissing appeal — Jurisdiction to set aside.

IN RE THE INCOME TAX ACTS27 VLR 39

HOOD, J.·1 Jan 1927·Practice Court

Income TaxIncome Tax Act 1895 (No. 1374), s. 14 (1) (3) — Income — Annuity payable in the discretion of trustees.

IN RE WILDMAN27 VLR 43

MADDEN, C.J., WILLIAMS, and HOOD, JJ.·11 Apr 1901·Supreme Court of Victoria (Full Court)

CertiorariLandowner — 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.

O’CONNOR v. PITCAIRN27 VLR 53

HOOD, J.·19 Apr 1901·Supreme Court of Victoria

PracticeStay 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.

IN RE EMMERSON27 VLR 56

HOLROYD, J.·16 July 1901·Supreme Court of Victoria

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.

PERRY v. SMITH27 VLR 66

WILLIAMS, HOLROYD, and A’BECKETT, JJ.·7 June 1901·Supreme Court of Victoria (Full Court)

AppealsSpecial 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).

THE KING v. SHAW27 VLR 70

HOLROYD, J.·23 July 1901·Supreme Court of Victoria

InsuranceGuarantee or fidelity policy — Payments voluntarily made by person guaranteed to or for the use of the assured — Set-off.

THE ATTORNEY-GENERAL v. THE MAYOR27 VLR 74

MADDEN, C.J.·24 June 1901·Supreme Court of Victoria

Electric Light and Power Act 1896 (No. 1413), ss. 2, 13, 37 (1), (2), 38 (1), 39Supply 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.

NIOA v. BELL27 VLR 82

HOLROYD, J.·15 July 1901·Supreme Court of Victoria

Transfer of Land Act 1890Mortgage — 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.

SULLIVAN v. SULLIVAN27 VLR 86

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

Practice"Rules of the Supreme Court 1900" — Order LVIII., r. 7 — Appeal book, settlement of.

IN RE THE MELBOURNE DEMOCRATIC CLUB27 VLR 88

WILLIAMS, A’BECKEET, and HOOD, JJ.·8 Feb 1901·Supreme Court of Victoria (Full Court)

Licensing Act 1890 (No. 1111), ss. 68, 72Cancellation of club's certificate — Summons — Service of notice — Jurisdiction of Licensing Court — Preliminary objection, waiver of — Certiorari — Costs, power to award.

MAYOR OF THE CITY OF SOUTH MELBOURNE v. THOMSON27 VLR 95

MADDEN, C.J.·23 May 1901·Practice Court

MunicipalityFlagging 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.

QUINANE v. BROWNE27 VLR 100

HOOD, J.·17 June 1901·Supreme Court of Victoria

Vermin Destruction Act 1890 (No. 1153), ss. 3, 14, 15Land 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."

HOUSTON v. KNOX27 VLR 105

HOOD, J.·30 May 1901·Supreme Court of Victoria

PracticeDamages, 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.

GARDNER v. BUTTNER27 VLR 106

HOLROYD, J.·26 June 1901·Supreme Court of Victoria

Mines Act 1897 (No. 1514), ss. 76 and 77Regulation — Application for compensation before warden — Marking out of portion of land required — Notice of appeal, grounds stated in.

REX v. HOUSTON27 VLR 111

MADDEN, C.J., HOLROYD, and HOOD, JJ.·1 Aug 1901·Supreme Court of Victoria (Full Court)

Criminal lawEmbezzlement — Public servant — Crimes Act 1890 (No. 1079), s. 142.

IN RE MURPHY27 VLR 116

MADDEN, C.J., WILLIAMS, and HOLROYD, JJ.·10 Sept 1901·Supreme Court of Victoria (Full Court)

Public Service Act 1900 (No. 1721), ss. 3, 4Public Service Reclassification Act 1897 (No. 1542) — Vacancy in reclassified office — Who may be candidates — Right to promotion.

IN RE A. B.27 VLR 128

A’BECKETT, J.·24 Sept 1901·Supreme Court of Victoria

"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.

REX v. LAYTON27 VLR 129

MADDEN, C.J., HOLROYD, and HOOD, JJ.·1 Aug 1901·Supreme Court of Victoria (Full Court)

Criminal lawLarceny — "Clerk, servant, or agent" — Liquidator of company — Crimes Act 1890 Amendment Act 1896 (No. 1478), s. 2.

MACHIN v. EDWARDS27 VLR 134

HOOD, J.·21 Aug 1901·Supreme Court of Victoria

PracticeNotice 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.

APPLEBY v. ARMSTRONG27 VLR 136

HOOD, J.·15 Aug 1901·Supreme Court of Victoria

Police Offences Acts 1890 (No. 1126), s. 40 (1); 1891 (No. 1241), s. 11Evidence — Admissibility — Insufficient lawful means of support — Prim facie case — Onus of proof.

IN RE THE AUSTRALIAN DEPOSIT AND MORTGAGE BANK27 VLR 139

HOOD, J.·1 Apr 1901·Practice Court

PracticeLeave to appeal to Privy Council — "Feeling aggrieved" — Order in Council, 9th June 1860.

MAHER v. MAHER27 VLR 147

MADDEN, C.J.·6 Aug 1901·Supreme Court of Victoria

DivorceAdultery of petitioner — Discretionary bar — Marriage Act 1890 (No. 11), s. 86.

REX v. COLEMAN27 VLR 153

MADDEN, C.J., HOLROYD and HOOD, JJ.·8 Aug 1901·Supreme Court of Victoria (Full Court)

Criminal lawAdmissibility of evidence — Statement by witness to third person — Question asked by jury — Evidence Act 1890 (No. 1088), s. 60.

ROSS v. HEIL27 VLR 157

WILLIAMS, J.·29 Aug 1901·Practice Court

Vermin Destruction Act 1890 (No. 1153), ss. 58, 59Closed roads — Swing gates — Leaving gate open, penalty for — Evidence — Supplementary evidence at hearing of order nisi to review.

IN RE ELLIOTT27 VLR 161

A’BECKETT, J.·16 Aug 1901·Supreme Court of Victoria

Trusts Act 1896 (No. 1421), s. 19Infant — Maintenance — Corpus, breaking into.

USHER v. USHER27 VLR 163

HOOD, J.·1 May 1901·Supreme Court of Victoria

Marriage Act 1890 (No. 1166), s. 42Husband and wife — Separation by consent — Leaving wife without means of support.

MOORE v. MAHONY27 VLR 166

HOOD, J.·17 May 1901·Supreme Court of Victoria

Marriage Act 1890 (No. 1166), s. 43Maintenance of illegitimate child — Admission by defendant — Evidence — Costs.

ACETYLENE GAS COMPANY OF AUSTRALASIA LIMITED v. ROSS27 VLR 169

HOOD, J.·21 Aug 1901·Supreme Court of Victoria

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.

MELBOURNE AND METROPOLITAN BOARD OF WORKS v. MELBOURNE TRAMWAY AND OMNIBUS CO. LIMITED27 VLR 174

HOOD, J.·9 Oct 1901·Supreme Court of Victoria

PracticeSummons for directions — Adjournment of summons for directions — Further applications — Notice — Summons — "Rules of the Supreme Court 1900" — Order XXX., rr. 2, 5.

MONTGOMERIE’S BREWERY CO. LTD. v. BLYTH27 VLR 175

MADDEN, C.J., HOLROYD and HOOD, JJ.·13 Aug 1901·Supreme Court of Victoria (Full Court)

CompanyDirector — 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.

IN RE MARSHALL27 VLR 205

MADDEN, C.J., and WILLIAMS and HOLROYD, JJ.·6 Sept 1901·Supreme Court of Victoria (Full Court)

PracticeAppeal — 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.

IN RE GIBB27 VLR 209

MADDEN, C.J., HOLROYD, J.·6 Sept 1901·Supreme Court of Victoria (Full Court)

Factories and Shops Act 1900 (No. 1654), ss. 15 and 16Special 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.

SKINNER v. THE TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED27 VLR 218

MADDEN, C.J., HOLROYD and HOOD, JJ.·6 Sept 1901·Supreme Court of Victoria (Full Court)

Trustee companyTrust 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.

IN THE WILL OF GREEN27 VLR 228

MADDEN, C.J.·16 Sept 1901·Supreme Court of Victoria

Probate practiceExecutor — Transfer of executorship to trustee company — Passing of accounts by original executor.

BONGIORNO v. BONGIORNO27 VLR 229

MADDEN, C.J., HOLROYD and A’BECKETT, JJ.·16 Sept 1901·Supreme Court of Victoria (Full Court)

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.

COLLIER v. THE KING27 VLR 234

MADDEN, C.J., HOLROYD and A’BECKETT, JJ.·16 Sept 1901·Supreme Court of Victoria (Full Court)

Public Service Act 1862 (No. 160), ss. 27, 39, 41, 43, 44Public 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.

IN RE THE WILL OF RIDER27 VLR 238

HOOD, J.·30 May 1901·Supreme Court of Victoria

Probate practiceWill — 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.

IN RE GERHARD27 VLR 244

A’BECKETT, J.·27 Sept 1901·Practice Court

Extradition Act 1870, 33 & 34 Vict., c. 52Fugitive criminal — Extradition — Fraudulent bankrupt — Requisition — Federation of Australia — Effect.

GREGERSON v. CARTER27 VLR 251

A’BECKETT, J.·27 Sept 1901·Supreme Court of Victoria

Constitution Act Amendment Act 1890 (No. 1075), ss. 220, 282Parliamentary 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).

IN RE GLASSFORD27 VLR 257

HOOD, J.·21 Oct 1901·Supreme Court of Victoria

PracticeTaxation 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.

RUBINOVICH v. EMMETT27 VLR 265

MADDEN, C.J., and WILLIAMS and A’BECKETT, JJ.·2 Oct 1901·Supreme Court of Victoria (Full Court)

InfantCapacity to contract — Mines Act 1890 (No. 1120).

COONEY v. O’DONNELL27 VLR 270

A’BECKETT, J.·24 Sept 1901·Supreme Court of Victoria

Residence areaMarking out — Complaint for trespass against person in possession — Title to land — Mining.

IN THE MATTER OF COMYNS & WILLIAMS27 VLR 274

MADDEN, C.J., HOLROYD and A’BECKETT, JJ.·13 Sept 1901·Supreme Court of Victoria (Full Court)

Insolvency Acts, 1890 (No. 1102), s. 11; 1897 (No. 1513), ss. 32, 40, 41, 67, 71, 83, 115Deed of arrangement — Trustee — Duties — Official accountant — Party — Appeal — Order.

NORTHERN VERMIN BOARD v. GREATZ27 VLR 288

A’BECKETT, J.·25 Sept 1901·Practice Court

Land Act 1890 (No. 1106), s. 191Vermin districts, local committees for — Recovery of rates for destruction of vermin.

MARSHALL v. COX27 VLR 290

MADDEN, C.J., WILLIAMS and A’BECKETT, JJ.·7 Oct 1901·Supreme Court of Victoria (Full Court)

Vermin Destruction Act 1890 (No. 1153), ss. 7, 14Duty of owner of land to destroy vermin.

REX v. COLEMAN27 VLR 294

WILLIAMS, A’BECKETT, and HOOD, JJ.·3 Oct 1901·Supreme Court of Victoria (Full Court)

PracticeEvidence — 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.

ACETYLENE GAS COMPANY OF AUSTRALASIA LIMITED v. MARKWALD27 VLR 301

A’BECKETT, J.·24 Sept 1901·Supreme Court of Victoria

PracticeSecurity 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.

IN RE THE INCOME TAX ACTS27 VLR 304

MADDEN C.J., HOLROYD and A’BECKETT, JJ.·19 Sept 1901·Supreme Court of Victoria (Full Court)

Income taxProduce 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).

HEPWORTH v. GLEESON27 VLR 316

A’BECKETT, J.·16 Oct 1901·Practice Court

Order to reviewJustices Act 1898 (No. 1584), s. 2 — "Important question or principle of law."

GLEESON BROTHERS v. ELLISON27 VLR 319

HOOD, J.·16 Oct 1901·Practice Court

Order to reviewJustices 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.

DENNIS v. THE VICTORIAN RAILWAYS COMMISSIONER27 VLR 323

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

The Railways Act 1896 (No. 1439), s. 21Actions against Commissioner — Actions for losses caused by sparks from railway engine — Arbitration — Stay of action — County Court.

MAHER v. ORR27 VLR 329

WILLIAMS, J.·3 Oct 1901·Supreme Court of Victoria

Appeal to General SessionsNon-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.

IN RE FRIEZER27 VLR 335

MADDEN, C.J., WILLIAMS and A’BECKETT, JJ.·4 Oct 1901·Supreme Court of Victoria (Full Court)

InsolvencyCertificate of discharge — Offences — Suspension of certificate — Refusal — Discretion — Insolvency Acts, 1890 (No. 1102), s. 141; 1897 (No. 1513), s. 92.

THE STEAMSHIP BOVERIC CO. LIMITED v. HOWARD SMITH AND SONS PROPRIETARY LIMITED27 VLR 347

MADDEN, C.J.·10 Oct 1901·Supreme Court of Victoria

ShippingCharter-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.

HENNINGSEN v. WILLIAMS27 VLR 374

HOOD, J.·17 Oct 1901·Supreme Court of Victoria

Electoral lawCommonwealth 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.

SKINNER v. THE TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED27 VLR 377

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

Appeal to Privy CouncilOrder in Council — Appealable amount — Practice.

HILLARD v. FITZPATRICK27 VLR 380

A’BECKETT, J.·1 Nov 1901·Practice Court

Licensing Act 1890 (No. 1111), s. 121Permitting drunken persons to be on licensed premises — Knowledge of licensee or person in charge of bar.

MOORE v. HEATHCOTE27 VLR 383

HOOD, J.·17 Oct 1901·Practice Court

The Instruments Act 1890 (No. 1103), s. 133Absolute bill of sale — Consideration for bill of sale wrongly stated.

DELAHENTY v. HAY27 VLR 385

HOOD, J.·25 Oct 1901·Practice Court

Vermin Destruction Act 1890 (No. 1153), s. 15Notice to destroy vermin — Neglect to take all necessary means to destroy all vermin — Second offence, what is.

HICKS v. TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED27 VLR 389

WILLIAMS, HOLROYD, and HOOD, JJ.·30 Oct 1901·Supreme Court of Victoria (Full Court)

Trusts Act 1896 (No. 1421), s. 29 (1)Limitation — Breach of trust — Exception — Express trust — Debts — Specific devise — Costs.

HAYDON v. McLEOD27 VLR 395

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

Contract for sale of landCorrespondence — Parol agreement — Memorandum in writing — Statute of frauds — Instruments Act 1890 (No. 1103), s. 208.

IN RE AUSTIN27 VLR 408

MADDEN, C.J., WILLIAMS and A’BECKETT, JJ.·4 Oct 1901·Supreme Court of Victoria (Full Court)

StampsSettlement, deed of — Indenture of settlement — Stamps Acts, 1890 (No. 1140), s. 71; 1892 (No. 1274), s. 28 — Schedule Division VIII.

DANBY v. MAYOR OF MELBOURNE27 VLR 413

HOOD, J.·4 Nov 1901·Supreme Court of Victoria

Practice"Rules of Supreme Court 1900" — Order XXX., r. 1 (b) — Entry of judgment in default of defence — Summons for directions.

McINTOSH v. CAY27 VLR 415

A’BECKETT, J.·20 Nov 1901·Supreme Court of Victoria

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.

KINGSTON v. GADD27 VLR 417

WILLIAMS, HOLROYD, and HOOD, JJ.·9 Dec 1901·Supreme Court of Victoria (Full Court)

The Commonwealth of Australia Constitution Act [63 & 64 Vict., c. 12], s. v., Ch. i., s., 51Act 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.

HARRIS v. BROMLEY27 VLR 432

A’BECKETT, J.·1 Nov 1901·Supreme Court of Victoria

"Rules of the Supreme Court 1884"Order LXV., r. 27 (8) (29) (38) — Costs of separate defences — Taxing officer's discretion.

IN RE DONELAN27 VLR 435

A’BECKETT, J.·4 Nov 1901·Supreme Court of Victoria

Probate practiceExecutor's affidavit identifying will — "Probate and Administration Rules 1900," r. 4.

IN RE BURTON27 VLR 437

HOLROYD, A’BECKETT, and HOOD, JJ.·8 Nov 1901·Supreme Court of Victoria (Full Court)

MortgageTransfer — Foreclosure — Notice — Demand — Service by post — Transfer of Land Act 1890 (No. 1149), ss. 114, 115, 121.

THE PERPETUAL EXECUTORS AND TRUSTEES ASSOCIATION OF AUSTRALIA LIMITED v. ENGLAND27 VLR 443

HOLROYD, J.·14 Nov 1901·Supreme Court of Victoria

WillConstruction — 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.

WALLACE v. WALLACE27 VLR 456

MADDEN, C.J.·11 Sept 1901·Supreme Court of Victoria

TrusteeBreach of trust — Books of account — Evidence — "Rules of Supreme Court 1884" — Order XXXIII., r. 3.

GREENE v. O’DONOHUE27 VLR 460

HOOD, J.·21 Oct 1901·Supreme Court of Victoria

Landlord and Tenant Act 1890 (No. 1108), ss. 92, 93Ninth Schedule — Tenant holding over — Ejectment — Complaint — Obligation to use schedule form — Signing of complaint by justices.

IN RE ELDER27 VLR 463

HOLROYD, HOOD and WILLIAMS, JJ.·5 Dec 1901·Supreme Court of Victoria

Legal Profession Practice Act 1895 (No. 1387), s. 5Legal 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.

IN RE TURNBULL27 VLR 472

WILLIAMS and HOOD, JJ.·9 Dec 1901·Supreme Court of Victoria (Full Court)

Legal Profession Practice Act 1895 (No. 1387), s. 5Articled Clerk — Contemplated absence of master — Application for leave to transfer articles — Cancellation of articles — Fresh articles — Necessity for application to Court — English practice.

HIBBERD v. KELLEHER27 VLR 474

HOOD, J.·16 Oct 1901·Supreme Court of Victoria

Health Act 1890 (No. 1098), Part IX., ss. 191, 194, 204, 214Vaccination — 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.

CHRISTOPHERS v. HEPBURN27 VLR 482

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

Veterinary Surgeons Act 1890, s. 23Unregistered person using word "veterinary" — "Veterinary shoeing forge."

IN RE GERHARD27 VLR 484

A’BECKETT, J.·21 Nov 1901·Supreme Court of Victoria

Criminal lawExtradition — 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.

WOOD v. FETHERSTON27 VLR 492

WILLIAMS, HOOD and HOLROYD, JJ.·3 Dec 1901·Supreme Court of Victoria (Full Court)

TrespassCourt 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.

GREEN v. WALKLEY27 VLR 503

HOLROYD, A’BECKETT and HOOD, JJ.·9 Dec 1901·Supreme Court of Victoria (Full Court)

EasementLight and air — Obstruction — Cause of action — Recovery of damages — "Statute of Limitations" — 21 Jac. 1, cap. 16, s. 3.

MULCAHY v. MOLYNEUX27 VLR 514

A’BECKETT, J.·5 Mar 1902·Practice Court

Vermin Destruction Act 1890 (No. 1153), s. 15Vermin Destruction Act 1901 (No. 1770), s. 4 — Special tribunal — Court of Petty Sessions — "Necessary means to destroy" — "Practicable and reasonable" — Form of information — Duplicity.

KING v. BERNDT27 VLR 519

HOLROYD, J.·6 Jan 1902·Supreme Court of Victoria

WillConstruction — 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.

KELLY v. THE KING27 VLR 522

HODGES, J.·8 Apr 1902·Supreme Court of Victoria

Income Tax Act 1895 (No. 1374), ss. 14 (1), 15 (1), 23, 24, 25, 30, 34, 53, 56Liability 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."

MURPHY v. THE KING27 VLR 540

MADDEN, C.J., HOLROYD and A’BECKETT, JJ.·6 Feb 1902·Supreme Court of Victoria (Full Court)

Public Service of VictoriaCivil 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.

WALLACE v. THE QUEEN27 VLR 547

WILLIAMS, HOLROYD and A’BECKETT, JJ., MADDEN, C.J.·6 Feb 1902·Supreme Court of Victoria (Full Court)

Public Service of VictoriaCivil 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.

McMANAMNY v. GOODWIN27 VLR 566

HOLROYD, J.·18 Dec 1901·Practice Court

The Stamps Act 1899 (No. 1140), s. 89"Receipt" — Duplicate receipt.

THE ATTORNEY-GENERAL ON THE RELATION OF THE METROPOLITAN GAS COMPANY v. THE MAYOR OF THE CITY OF MELBOURNE27 VLR 568

WILLIAMS, HOOD and A’BECKETT, JJ.·8 Dec 1901·Supreme Court of Victoria (Full Court)

Electric Light and Power Act 1896 (No. 1413), ss. 37 (1), (2), 38 (1), 39Supply of electricity for lighting purposes — Supply of electricity for motive power — Charge for supply of electricity.

BIGGS v. NOONAN27 VLR 580

A’BECKETT, J.·16 Dec 1901·Practice Court

Police Offences Act 1890 (No. 1126), ss. 57 and 58Gaming 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."

IN RE GLASSFORD27 VLR 584

HOLROYD, A’BECKETT, and HODGES, JJ.·4 Feb 1902·Supreme Court of Victoria (Full Court)

PracticeTaxation 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."

IN RE CAULFIELD27 VLR 588

NEIGHBOUR, HOLROYD, A’BECKETT and HOOD, JJ.·9 Dec 1901·Supreme Court of Victoria (Full Court)

Insolvency Act 1890 (No. 1102), s. 139Insolvency 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.

RAMSAY v. EAGER27 VLR 603

MADDEN, C.J.·18 Feb 1902·Supreme Court of Victoria

Service and Execution of Process Act 1901 (No. 11), s. 10Service out of the jurisdiction — Security for costs — Commonwealth of Australia Act (No. 11).

HOUSTON v. DONOVAN27 VLR 606

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

Set-offCross claims — Inference of mutual payments — Rebuttal of inference — Intention of parties — Money had and received — Equitable action — Liability of defendant.

BLACK v. COX27 VLR 609

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

WillDevise — 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.

HENDRICK v. HENDRICK27 VLR 627

MADDEN, C.J.·12 Feb 1902·Practice Court

Marriage Act 1890 (No. 1166), s. 43Order of justices — Maintenance order — Surety.

POLMEAR v. PRESTON27 VLR 632

MADDEN, C.J.·12 Feb 1902·Practice Court

EscapePlace of legal confinement — Evidence — Term for which committed — Police Offences Act 1890 (No. 1126), s. 42 (1).

THE MAYOR OF SOUTH MELBOURNE v. QUIGLEY27 VLR 637

WILLIAMS, HOLROYD, and HODGES, JJ.·14 Mar 1902·Supreme Court of Victoria (Full Court)

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.

HOWARD v. PETTETT27 VLR 642

A’BECKETT, J.·14 Feb 1902·Supreme Court of Victoria

PracticeOriginating summons — Jurisdiction — Question arising in administration — "Rules of Supreme Court 1884" — Order LV., r. 3 (g).

JENKINS v. BRAHE & GAIR27 VLR 643

A’BECKETT, J.·19 Mar 1902·Practice Court

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.

JONES v. THE DAVIES FRANKLIN CYCLE CO. LTD.27 VLR 649

A’BECKETT, J.·20 Mar 1902·Supreme Court of Victoria

Companies Act 1890 (No. 1074), s. 90Liquidator bringing action in the name and on behalf of the company.

WILKINSON v. WILKINSON27 VLR 651

A’BECKETT, J.·5 Mar 1902·Practice Court

Justices Act 1890 (No. 1105), s. 75Proceedings to be had at nearest Court — Husband leaving wife without means of support — Place where subject matter of complaint arose.

IN RE GERHARD27 VLR 655

HOLROYD, J.·30 Dec 1901·Supreme Court of Victoria

Criminal lawExtradition — 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."

IN RE FONSECA27 VLR 675

MADDEN, C.J.·21 Feb 1902·Supreme Court of Victoria

Lunacy Act 1890 (No. 1113), ss. 159, 172Power of Court over inquiries by Master as to next `to kin — Special report of Master, right of parties to demand.

KIDNEY v. THE MELBOURNE TRAMWAY AND OMNIBUS COMPANY LIMITED27 VLR 679

WILLIAMS, HOLROYD and HODGES, JJ.·13 Mar 1902·Supreme Court of Victoria (Full Court)

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:

CLARKE & CO. v. REEVES27 VLR 696

WILLIAMS, HOLROYD, and HODGES, JJ.·7 Mar 1902·Supreme Court of Victoria (Full Court)

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."

THE TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED v. JOPE27 VLR 706

A’BECKETT, J.·25 Mar 1902·Supreme Court of Victoria

TrusteeRepairs 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.

O’DONNELL v. HITCHEN27 VLR 711

WILLIAMS, HOLROYD, and HODGES, JJ.·6 Mar 1902·Supreme Court of Victoria (Full Court)

GamingPolice 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.

O’DONNELL v. CLEMENTSON27 VLR 717

A’BECKETT, J.·26 Mar 1902·Practice Court

GamingStreet Betting Suppression Act (No. 1436), s. 2 — Belting in streets — Duplicity in information — Plea of guilty.

O’DONNELL v. GARDENER27 VLR 718

A’BECKETT, J.·26 Mar 1902·Practice Court

GamingInformation disclosing no offence — Plea of guilty — Order nisi to review.

PEPPARD v. BRADY27 VLR 720

HOLROYD, J.·10 Apr 1902·Supreme Court of Victoria

PracticeTaxation of costs — Originating summons — Instructions for brief — Managing clerk's fee — Trial — Proceedings before Chief Clerk — Scale of costs.

TWOMEY v. WALSH27 VLR 723

HOLROYD, J.·18 Apr 1902·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1900" — Order XXX. — Summons for directions — No appearance for defendant.

STEPHENS v. THE AUSTRAL OTIS ENGINEERING COMPANY27 VLR 724

MADDEN, C.J., WILLIAMS and HODGES, JJ.·7 Apr 1902·Supreme Court of Victoria (Full Court)

Employers and Employs Act 1890 (No. 1087), Part III.Joinder of claim under the Act with common law claim for negligence.

BREMNER v. THE VICTORIAN RAILWAYS COMMISSIONER27 VLR 728

WILLIAMS, HOLROYD, and HODGES, JJ.·12 Mar 1902·Supreme Court of Victoria (Full Court)

Railways Act 1890 (No. 1135), ss. 86, 87, 119Railways 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.

GENERAL FINANCE AGENCY AND GUARANTEE CO. OF AUSTRALIA LTD. v. THE PERPETUAL EXECUTORS AND TRUSTEES ASSOCIATION OF AUSTRALIA LTD.27 VLR 739

HOLROYD, J.·21 Feb 1902·Supreme Court of Victoria

PriorityReal 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.

STEPHENS v. ABRAHAMS27 VLR 753

HODGES, J.·27 May 1902·Supreme Court of Victoria

Commonwealth lawCustoms 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.