TUCKER v. MULLIGAN28 VLR 1
The Companies Act 1890 (No. 1074), s. 36 — Rectification of register — Registration of transfer — Unnecessary delay — Shares, transfer of.
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Cases reported in this volume of the Victorian Reports
The Companies Act 1890 (No. 1074), s. 36 — Rectification of register — Registration of transfer — Unnecessary delay — Shares, transfer of.
Mines Act 1897 (No. 1514), ss. 73, 81, 99 — Mining on private property — Application for gold mining lease — Authority to enter and mark out — Provision for benefit of owner or occupier — Waiver by consent — Pendency of application — "Marking out" — Irregularity in marking out — Discretion of Governor in Council to grant lease notwithstanding non-compliance with regulations — Jurisdiction of Court to interfere with Governor in Council's discretion.
Company — Calls, payment by instalment — Forfeiture of shares — Call, when "owing" — "Instalment" owing at time of forfeiture.
Practice — Co-plaintiffs — Right of one of several co-plaintiffs to change solicitor — Solicitor, change of.
Practice — "Rules of the Supreme Court 1900" — Order XVIII.A — Writ indorsed that action is to proceed without pleadings — Order XXX., r. 1 (d) — Summons for directions — Instruments Act 1890 (No. 1103) — Writ issued under Instruments Act 1890.
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 where notice of option to be given — Place of payment of purchase money — Place of execution of documents of transfer — Implied terms in contracts — Measure of damages for delay in paying purchase money for ship — Interest on purchase money as measure of damages — Rate of interest — "Classed 100 A1, in good order and condition."
Negligence — Contributory negligence — Train longer than platform — Duty of railway company or commissioner to provide reasonable facilities for passengers to enter and descend from railway carriages.
Partnership — Dissolution of partnership — Contracts uncompleted at dissolution of firm — Rights and liabilities of continuing partners — Rights and liabilities of party to a contract with firm uncompleted at dissolution — Continuance of firm for purpose of completing contracts — Novation of contract — Partnership Act 1891 (No. 1222), s. 42 (1).
Gaols Act 1890 (No. 1096), ss. 34, 53 — Escape from gaol or custody — Felony — Offences under the Act punishable in a summary way.
Stamps Acts, 1890 (No. 1140), s. 71; 1892 (No. 1274), s. 29, Schedule: Division VIII. — Settlement or gift, deed of — Settled land subject to mortgage — Settled land subject to vendor's lien for unpaid purchase money — "Mortgage debt or certain charge" — Obligation by settlor or trustees to pay mortgage money or unpaid purchase money, effect of — Stamp duty.
Costs — Special scale — "Rules of the Supreme Court 1900" — Order LXV., r. 29 — Appendix N. — Discretion of Judge to allow costs on ordinary scale.
Practice — "Rules of the Supreme Court 1900" — Order XXX. — Summons for directions — Order for mutual interrogatories — Service of order for interrogatories — Indorsement of order for interrogatories — "Rules of the Supreme. Court 1884" — Order XXXI. — Order XLI., r. 5.
Defamation — Trade libel — Slander of title — False statement printed and published — Malice — False statement negligently made.
Customs — Commonwealth Customs Act 1901 (No. 6), s. 234 (e) — Untrue statement in a document produced to Customs officer — Criminal offence under Act of Parliament — Interpretation of Statutes — Mens rea, when proof necessary — Revenue statute — Act of servant within scope of employment — Criminal liability of owner or employer — Criminal liability of corporation — Commonwealth Acts Interpretation Act 1901 (No. 2), ss. 22, 24.
Customs — Commonwealth Customs Act 1901 (No. 6), ss. 234 (e), 236 — Untrue statement in a document produced to customs officer — Description of goods — State of origin of goods — Article made in Victoria partly of imported goods.
Transfer of Land Act 1890 (No. 1149), ss. 81, 213 — Deposit of title deeds as security — Rights of equitable mortgagee — "Interest in land" — Issue of "special" certificate obtained by fraud — Subsequent sale to bon fide purchaser for value — Loss sustained by equitable mortgagee — "Loss or damage" — Damages caused by exercise of Commissioner's powers, when recoverable — Damages out of assurance fund — Statutory declaration — Before whom to be sworn.
Income Tax Act 1895 (No. 1374) — Administrator carrying on business of intestate — Contingent liabilities — Income not distributed — Liability of to income tax — Form of assessment.
Local Government Act 1890 (No. 1112), ss. 165, 166 — Municipal council election — Ouster from office — Validity of election — Disqualification of objector — Conduct of objector — Acquiescence in proceedings objected to by nominating a candidate and by voting — Discretion of the Court in an application to oust.
Bill of sale given by corporation — Registration — Instruments Act 1890 (No. 1103), Part VI. — Companies Act 1896 (No. 1482); ss. 53, 54 — Costs, taxation of.
Costs — Taxation of costs — Mortgagee's costs — Solicitor's attendance at sale.
Appeal from nonsuit — Grant of new trial — Costs of former trial.
Stamps Act 1890 (No. 1140) — Stamps Act 1892 (No. 1274) — Schedule, Division VIII. — "Settlement."
Insolvency Act 1890 (No. 1102), ss. 37 (viii.), 45 — Order of petty sessions for payment of money — Certificate thereof filed in Supreme Court — Justices Act 1890 (No. 1105), s. 115 — Execution issued in Supreme Court — Return of writ unsatisfied — Act of Insolvency — Petition for sequestration — Mis-statement in petition and affidavits — Order nisi for sequestration — Omission to file objections.
Practice — Attachment — Contempt — Judgment debt — Non-payment of money — Compromise embodied in consent order — Interference with terms of original order — Alteration of position of parties — Reservation of plaintiffs' rights of enforcement of original order — Default under consent order — Attachment for disobedience of original order — Affidavit in support of application for writ of attachment — Application granted subject to further affidavit.
Water — "Watercourse," definition of — Natural flow of surface water — Servitude of lower land — Obstruction of flow by owner of lower land — Leave and license — Revocation of — Acquiescence — Equitable owner in fee, rights of — Licensee of Crown lands, power of, to create an easement.
Income Tax Act 1895 (No. 1347), s. 9 (1) (14) — Member or shareholder of company — Company formed to carry out one transaction — Capital subscribed by shareholder — "Outgoing" — Deduction from gross income — Completion of transaction — Distribution amongst shareholders of moneys remaining after payment of all liabilities — "Dividends or profits or part of capital credited to member or shareholder."
Vermin — Vermin Destruction Act 1890 (No. 1153), ss. 49, 53, 55 — Persons liable for materials supplied — Conclusiveness of Order in Council under the Act as to statements contained in it — "Owner for the time being" — Interest on instalments — Charge on the land.
Articled clerk — Leave to engage in other business during articles — "Rules of the Supreme Court for admission of Barristers and Solicitors," 26th November 1892, r. 18 — English Practice — 23 & 24 Vict., c. 127, s. 10-37 & 38 Vict., c. 68, s. 4 — Legal Profession Practice Act 1891 (No. 1216), s. 11 (3) — Legal Profession Practice Act 1895 (No. 1387), s. 5.
Stamps Act 1890 (No. 1140), s. 92: Third Schedule, Division II. — Exemption from stamp duty — Registered building society — Receipt for rent — Authorized transaction of building society.
Probate — Practice — Proceedings in probate jurisdiction — Cross-examination of deponent to affidavits — Jurisdiction of Court to order.
The Companies Act 1890 (No. 1074), s. 36 — Rectification of register — Registration of transfer — Unnecessary delay — Shares, transfer of.
The Companies Act 1890 (No. 1074), s. 36 — Rectification of register — Registration of transfer — Unnecessary delay — Shares, transfer of.
The Local Government Act 1890 (No. 1112) — Municipal council — Corporate body.
Customs Act 1901 (Commonwealth) (No. 6), ss. 50, 52, 54, 236 — Prohibited import — Tea not complying with prescribed standard — Analysis of samples — Notice to owner.
Foreclosure — Equitable mortgage of land under the Transfer of Land Act.
Practice — Garnishee order — Jurisdiction of Judge to allow costs to garnishee — Costs.
Practice — Interrogatories, approval of by Judge.
Trustee and cestui que trust — Retirement of number of trustees — Appointment of trustee company in place of number of trustees — Trusts Act 1896 (No. 1421), s. 4 — Discharge of trustees.
Condition precedent — Contribution to fund — Application to be made beneficiary of fund — Decision of committee of management — Right to enforce claim at law.
Will — Restriction on sale of property — "Until the expiration of the term of lease," meaning of.
Supreme Court Act (No. 1142), s. 241 — Act 19 Vict. (No. 19), s. 176 — Sale by sheriff — Omission to advertise in paper circulating in the neighbourhood — Purchasers at sale, how affected by such omission.
Justices Act 1890 (No. 1105), s. 38 — Affidavit made before justice of any part of His Majesty's dominions — Evidence — Service and Execution of Process Act 1901 (Commonwealth), No. 11, ss. 3, 5, 11, and 17 — Writ of summons — Court of record — Leave to proceed — State Laws and Records Recognition Act 1901 (Commonwealth), No. 5, ss. 6 and 12 — Government Gazette of any State.
Justices Act 1890 (No. 1105), s. 187 — Defective information — Amendment — Police Offences Act 1890 (No. 1125), s. 17, sub-s. 1 — Police Offences Act 1891 (No. 1241), s. 5, sub-s. 1 (c) — Remission of case to justices for re-hearing.
Lunacy Act 1890 (No. 1113), s. 138 — Moneys collected by or coming under control of committee — Change of investment of corpus — Percentage payable to Master in Lunacy.
Sale of goods — Contract — Delivery not to be deemed to be made until approval — Carrier named by consignee — Goods lost through negligence of carrier before approval — Default of agent of the Crown — Sale on approval or return — Lapse of reasonable time — Crown Remedies and Liability Act 1890 (No. 1080).
Local Government Act 1874 (No. 506), ss. 213, 225, 246 — Local Government Act 1890 (No. 1112), ss. 191, 203, 224 — By-law — Ultra vires — Unreasonable — Mode of impeaching validity of by-law — "Shall have the force of law" — Right of person prosecuted to set up invalidity of by-law — Jurisdiction of court of petty sessions to determine validity of by-law — "Spreading" of nightsoil — Manuring of land — "Suppressing nuisances" — "Purposes" of Thirteenth Schedule to the Acts No. 506 and No. 1112 — Interference by Court with discretion of framers of by-law.
Local Government — Highway — Nuisance — Drain made by municipality across highway — Culvert made by municipality over drain — Non-repair of culvert — Collapse of culvert — Damage — Liability of municipality in respect of non-repair of road.
Service and Execution of Process Act (No. 11 of 1901), Part IV., ss. 20, 22, 23, 24 — Commonwealth of Australia Constitution Act, s. 51, sub-s. 24 — Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), Part I. — Judgment obtained in Tasmania and registered in Victoria — Enforcement of in Victoria — Applicability of procedure by way of fraud summons — Jurisdiction of the Court.
Practice — Bequest to person named and described as wife of testator — Mistake of fact on the part of the testator — Fraudulent representation — Procedure — Action to set aside certain provisions of will — Rule nisi to revoke.
Administration and Probate Act 1890 (No. 1060) ss. 15, 16 — Administration bond — Application to dispense with sureties — Consent of persons interested — Requirements by Court before granting application.
Income Tax Act 1895 (No. 1374), ss. 14(1), (2), (5), 33, 41 — Death before last day for making returns — Omission to make return — Liability of executors to make a return in respect of testator's income — Liability to income tax — When liability to tax commences — Effect of Regulation fixing last day for making returns — Exemption from income tax — Default of deceased person — Remedies against executors.
Trust fund — Assignment of beneficial interest — Notice to trustees — Rights of set-off or payment between assignor and trustees — Assignment by trustee who is also a beneficiary — Assignment to trustee of beneficial interest in the trust fund — Notice to one of several trustees — Imputation of notice to co-trustees.
Constitutional law — Commonwealth and State authority — Interference by State with Federal instrumentality or agency — Interference by State with exclusive jurisdiction of Commonwealth Government — Annual salary of Commonwealth officer fixed by Commonwealth Parliament — Salary for work done in buildings exclusively vested in the Commonwealth — Liability to taxation by State Legislature — Income tax — Salary earned in Victoria — Divisibility of salary for purposes of Income Tax Acts — Comparisons of Constitutions of United States, Canada, and Australia — Principle of McCulloch v. State of Maryland — Unconstitutional legislation by State or Commonwealth — Royal prerogative of disallowance of legislation — Application to Australia of United States decisions on constitutional law — Income Tax Act 1895 (No. 1374), ss. 2, 5, 7 (1) (l), 7 (2), 8 (11) — Income Tax Rate Act 1901 (No. 1758) — Commonwealth of Australia Constitution Act (63 & 64 Vict., c. 12), ss. 51 (xxxi.), 52, 69, 85, 106-109, 125, 128-5 & 6 Vict., c. 76, s. 32-18 & 19 Vict., c. 55, s. 3.
Service and Execution of Process Act 1901 (Commonwealth), 1 Ed. VII. (No. 11), s. 10 — Writ issued by plaintiff in Victoria for service in New South Wales — Security for costs — Plaintiff uncertificated insolvent — Amount of security
Local Government Act 1890 (No. 1112), s. 541 — Difference between two municipalities — Drains — Nuisance — Jurisdiction of Supreme Court — Reference to Minister — Remedy exclusive or ancillary.
Marriage Act 1890 (No. 1166), s. 108 — Rules and Regulations 1885 — Rule 10 — Dispensation with service — Substituted service — Domicile — Jurisdiction.
The Licensing Act 1890 (No. 1111), ss. 102, 119, and 140 — Transfer of licence — Discretion of Licensing Court — Grounds of refusal to grant transfer — Premises destroyed by fire — Liability of licence to be forfeited.
Set-off — Cross claims — Inference of mutual payments — Rebuttal of inference — Intention of parties — Money had and received — Equitable action — Liability of defendant.
County Court Act 1890 (No. 1078), s. 124 — Suit — Equitable jurisdiction of County Court — Transfer of suit — Right of defendant to — Grounds for retention in Supreme Court.
The Licensing Act 1890 (No. 1111), s. 128 — Grocer's licence — Sale of liquor in quantity not authorized by licence.
Divorce — Practice — Service and Execution of Process Act 1901 (No. 11, Commonwealth), s. 11 — Leave to proceed — Affidavit of service.
Income Tax Act 1895 (No. 1374), s. 9 — Income from personal exertion — Income liable to tax — Deductions — Medical practitioner — Amount paid for purchase of practice — Claim to deduct from income for year.
Contract — Specific performance — Agreement to give a mortgage of chattels to secure money actually advanced — Order to execute mortgage in a particular form.
Pounds Act 1890 (No. 1129), ss. 8, 9, 28 (iii.), Second and Third Schedules — Cattle trespassing — Impounded cattle — Sustenance fees, when chargeable — Unauthorized charge — Onus of proof.
Will — Annuity — Bequest — Conditional limitation — Void condition — Condition "against the law of nature" — Prohibiting children living with mother.
Administration and Probate Act 1890 (No. 1060), Part V., ss.97, 98 — Probate duty — Bona notabilia — Locality of specialty debts — Specialty debts secured by mortgage of lands outside Victoria — Liability of to probate duty — Extent to which dutiable.
Practice — "Rules of the Supreme Court 1884" — Order LXV., r. 27 (41) — Bill of costs — Review of taxation — Time within which application must be made.
Marine Act 1890 (No. 1165), s. 183 — Master of ship — Charge of misconduct — Form of charge — Certificate of master — Marine Act 1901 (No. 1771), s. 3 — Special case — Right to begin.
Marine Act 1901 (No. 1771), s. 3 — Court of Marine Inquiry — Questions of law reserved for opinion of Supreme Court — Opinion of Supreme Court given — Jurisdiction to receive further evidence.
Marine Act 1890 (No. 1165), ss. 175, 176, 183 — Charge of misconduct — Form of charge — Appeal — Criminal matter — Marine Act 1901 (No. 1771), s. 3 — Special case to be reserved — Supreme Court Act 1890 (No. 1142), s. 37.
Company — Voluntary winding-up — Liquidators — Resignation of liquidator — Appointment of liquidator, validity of — Exercise of powers by two of several liquidators — Validity of acts of liquidators — Calls, validity of — Companies Act 1890 (No. 1074), ss. 67, 119 (vi.) — Object of Act — Married woman — Joint holder of shares — Survivorship of liability to married woman — Married Women's Property Act 1890 (No. 1116).
Probate practice — Procedure — Originating summons — Trustee under will — Passing of accounts by trustee — Commission to trustee — Jurisdiction.
Order of Privy Council reversing judgment of Full Court — Jurisdiction of lower tribunal to give effect to decree or order of superior tribunal — Parties to the proceedings.
Will — Construction — Option in trustees to convert — No express trust declared after conversion — Express trust declared if no conversion — Direction to pay income to testator's children "once every three months equally absolutely" — Gift contained in direction to pay — Gift of corpus after the death of testator's children — Intention of testator — Life estate — Legacy to trustees "who shall act in the trusts" of a will — Right of executors and trustees to commission — Insufficiency of remuneration granted to trustees by a will — Jurisdiction of Court to inquire as to sufficiency of remuneration and to grant further remuneration — Administration and Probate Act 1890 (No. 1060), s. 20.
Patents Act 1890 (No. 1123), ss. 8, 56 — Rules (under Patents Act 1890) 2, 9 — Non-compliance with — Irregularity in application for patent — Effect of grant — Patent for foreign invention — Foreign patent — Prior publication or use in Victoria within twelve months — "Rules of the Supreme Court" — Order XXV., r. 2 — Point of law set down for hearing before trial.
Parties — Voluntary deed assigning interest under a will — Setting aside — Undue influence, etc. — Frame of action — Misjoinder of parties.
Public Service Act 1900 (No. 1721), s. 19 — Departments of Trade and Customs, Defence, and Post and Telegraph — Salaries of officers until taken over by Commonwealth — "Corresponding position in any Australian colony" — Special appropriation of salaries — Public Service Act 1890 (No. 1133), s. 23.
Action for debt in Supreme Court which might have been brought in County Court — Application to stay proceedings upon payment of debt — Action to establish charge on land in respect of unpaid rates — Jurisdiction — Costs against applicant — County Court Act (No. 1078), s. 49.
Contempt of Court — Publication of articles in newspaper affecting character and conduct of persons in course of trial — Jurisdiction of Court, at what time it arises — Commitment for trial — Criminal jurisdiction — Case pending.
Marine Act 1890 (No. 1165), ss. 144, 150 — Steamship plying without certificate — "Plying," meaning of — Certificate, limitations in.
Pounds Act 1890 (No. 1129), ss. 25, 26 — Illegal impounding — Jurisdiction of justices.
Divorce — Domicil — International law — Jurisdiction to dissolve marriage — Place of marriage — Judicial separation — Effect of judicial separation upon marriage tie — Domicil of wife judicially separated from husband — Proper time to object to jurisdiction — Marriage Act 1890 (No. 1166), ss. 74, 76.
Railways — Negligence — Fire from engine — Omission to burn or clear off grass on railway line.
Licensing Act 1890 (No. 1111), ss. 7, 134, 143 — Bar of licensed premises open on Sunday — Special permit under s. 7 — Extent of authority conferred by — Order to review.
Justices Act 1890 (No. 1105, s. 141) — Police Offences Act 1890 (No. 1126), s. 40, sub-s. 1 — Person charged with offence before justices — Prior conviction — Improper admission of evidence of — Minds of justices not affected by — Order to review.
Employers and Employs Act 1891 (No. 1219), Part I., ss. 5, 10 — Employers and Employs Act 1890 (No. 1087), Part III., s. 37 — "Employer" — Incorporated company — Payment for "piece-work" — Independent contractor — Strike — Notice of termination of employment — "Provided the rules are observed by the manager and workmen" — Action by lessee of mine against miner for leaving employment — Damages — Measure of damages — Court of Petty Sessions, special jurisdiction of — Costs — Order in Council "regulating" costs — Jurisdiction to award costs.
Practice — Application for jury — Claim for rescission and cancellation of agreement — Breach of agreement and misrepresentation — Claim for return of money paid — Claim for damages — Discretion — Payment into Court in satisfaction of plaintiff's "claim" — Payment into Court in respect of several claims — Particulars — "Rules of Supreme Court 1884" — Order XXII.; Order XXXVI., rr. 3, 6, App. B, Form 3.
Criminal Law — Larceny — Obtaining money or a chattel by false pretences — Attempt to commit larceny — Attempt to obtain money or a chattel by false pretences — Bank teller — Authority to part with property in bank's money — When the property in change given by a bank teller passes — Jury — Inference from proved facts.
Trustee — Trust fund — Assignment of beneficial interest — Notice to trustees — Rights of set-off or payment between assignor and trustees — Assignment by trustee who is also a beneficiary — Assignment by beneficiary who afterwards becomes trustee — Defalcations by trustee before and after he has assigned his beneficial interest — Assignment to trustee of beneficial interest in the trust fund — Notice to one of several trustees — Imputation of notice to co-trustees — "All moneys payable in respect of A.'s interest."
Practice — Application to vary minutes of declaratory order — Rehearing — Alteration of order.
Customs — Commonwealth Customs Act 1901 (No. 6), ss. 183, 234(d), 236 — Making a false entry — Innocent mis-statement made by direction of Customs official — Liability of principal for acts of his agent or servant — Mens rea — "Make an entry."
The English Bankruptcy Act 1883, 46 & 47 Vict., c. 52, s. 118 — Trustees under English bankruptcy, right of to bring action in Victoria to recover property of bankrupt.
Practice — "Rules of the Supreme Court 1884" — Order XXXI., r. 12 — Discovery — Further affidavit of documents.
Appeals — Leave to appeal — Ex parte application to the Full Court — Notice to other side, when given — Supreme Court Act 1900 (No. 1696), s. 2(1)(b), sub-s. (4) — Appeal Book, necessity for — Submission of Appeal Book to primary Judge — "Rules of the Supreme Court 1900" — Order LVIII., r. 7.
Carriages Act 1890 (No. 1070), ss. 3 and 4 — Licensed Carriages Statute 1864 (No. 217), ss. 3 and 4 — "Hackney carriage" — Licence for hackney carriage — Tramcar — Melbourne Tramway and Omnibus Company's Act 1883 (No. 765), s. 22 — By-law specially providing for the licensing of tramcars — Licence fees — Demand of payment under threat of prosecution — Involuntary payment.
Practice — "Rules of the Supreme Court 1900" — Order LV., r. 5* — Originating summons — Mortgagor and mortgagee — Delivery of possession by mortgagor, order for.
Shipping — Bill of lading — "Delivery from ship's deck at her anchorage at wharf" — "Delivery on wharf as customary" — Exception as to "robbers, thieves, and neglect or default of master and others in owner's service" — Disappearance of goods after discharge on wharf — Liability of master — Risk of consignee — Stevedore — Agent to take delivery.
Mines Act 1897 (No. 1514), ss. 129, 148 — Accident in mine — Evidence of negligence — Onus of proof — Negligence of servant — Rebuttal of prim facie evidence of owner's negligence — Doctrine of "common employment."
Trustee — Trust funds — Fraudulent breaches of trust — Liability of innocent co-trustee — Statute of Limitations — Misappropriation by trustee — Trustee permitting money to be received by a stranger to the trust — Continuing neglect to repair breach of trust — Neglect to sue debtor to trusts estate — When cause of action arises — Money lent on unauthorized security — When Statute of Limitations commences to run — Pleading — Pleading answer to Statute of Limitations — Accounts furnished to beneficiaries — Implied authority of passive trustee to co-trustee — Responsibility of passive trustee for false statements of co-trustee — Evidence — Admissibility in evidence against passive trustee of book entries and other documents relating to dealings with trust estate — Rate of interest on moneys lost through breaches of trust — Trusts Act 1896 (No. 1421), s. 29.
Practice — Originating summons — Question arising in the administration of the estate — Breach of trust.
The Licensing Act 1890 (No. 1111, ss. 170, 188, and 192) — Disqualification of hotel premises — Notice of prior convictions.
The Companies Act 1890 (No. 1074), s. 36 — Rectification of register — Registration of transfer — Unnecessary delay — Shares, transfer of.
Practice — "Rules of the Supreme Court 1884" — Order XVI., r. 54 — Third party notice — Discontinuance of action by plaintiff, effect upon third party notice — Costs of third party.
Practice — Jury — "Rules of the Supreme Court 1900" — Order XXX., r. 2 — Summons for directions — Order directing mode of trial — Application for jury — "Rules of the Supreme Court 1884" — Order XXXVI.
Practice — Sheriff's charges — Man in possession — Actual and reasonable expenses — Rule made by Sheriff fixing expenses — Authority of Sheriff to make general rule — Reasonableness of charges — Discretion of Sheriff — Deviation from general rule — Supreme Court Act 1895 (No. 1395), s. 4 — Order in Council of 15th July 1895.
Practice — Costs — Counsel at Chambers — Certificate for counsel — One practitioner acting both as attorney and counsel — "Rules of the Supreme Court 1884" — Order LXV., r. 27 (16) — Legal Profession Practice Act 1891 (No. 1216).
Lunacy Act 1890 (No. 1113), ss. 153-161 — Inquiry as to next of kin — Practice — Finding of Master in Lunacy, effect of — Proof of pedigree — Evidence receivable by Master — Declarations of deceased person de jure connected with person to whom they relate — Admissibility in evidence — Evidence of mother bastardizing child — Inquiry as to next of kin of childless person.