Barrister and solicitor — Admission to practice — "Trade or business" — School teacher — Certificate of Board of Examiners — Discretion of Full Court to admit to practice, notwithstanding refusal of certificate by Board — "Rules for Admission of Barristers and Solicitors" of 26th February 1892: Rules 5 and 14; Schedules B. and H.

Will — Parent and child — Rule against double portions — Ademption of devise of land by subsequent gift inter vivos — Advancement — Wills Act 1890 (No. 1159).

Vegetation Diseases Act 1896 (No. 1432), ss. 2, 17 — Vegetation Diseases Act 1901 (No. 1773), ss. 2, 3 — Exposing for sale diseased vegetables — Inspector appointed to "carry into effect the provisions of the Act" — Authority to prosecute — Informer — Right to prosecute for an offence against an Act for public protection — "Disease" within meaning of Vegetation Diseases Acts — Proclamation in Government Gazette of 3rd December 1902 — Validity of proclamation.

Criminal law — Crimes Act 1891 (No. 1231), s. 17 — Abduction with intent to unlawfully and carnally know — Materiality of girl's willingness — Misdirection.

Criminal law — Letter demanding money with menaces — Reasonable and probable cause — Opinion and belief of the prisoner — Crimes Act 1890 (No. 1079), s. 113.

Water — Natural flow of surface water — Servitude of lower land — Obstruction of flow of water by owneA'BECKETT, J.,r of lower land — Alteration of natural features of land — Concentration of water on to lower land — Leave and licence — Licensee of Crown lands, power of, to create an easement.

Sewerage rates — Melbourne and Metropolitan Board of Works Act 1897 (No. 1491), ss. 8, 11, 12 — Municipal valuation a condition precedent to rate — Local Government Act 1890 (No. 1112), s. 274 — Amendment of municipal valuation — Notice of appeal against municipal valuation — Effect of abandonment of claim to rate after.

Insolvency — Grocer's licence — Action to enforce right to purchase — Order of Court giving option of purchase — Proviso in fraud of insolvency law — Injunction against transfer of grocer's licence — Order of Court purporting to bind official assignee in case of insolvency — Property passing to official assignee — Equitable interest in insolvent's property — Official assignee — "Privy."

Administration and Probate Act 1890 (No. 1060), s. 112 — Duty payable on voluntary settlement — Trusts or dispositions to take effect after death of settlor — Settlor divesting himself of all interest in settled property.

Administration and Probate Act 1890 (No. 1060), s. 112 — Probate duty — Settlements.

The Service and Execution of Process Act 1901, No. 11 (Commonwealth), ss. 4, 6, 21 — Ineffective service of copy writ — Judgment — Irregularity or nullity — Further proceedings for same debt.

Divorce — Marriage — Nullity suit — Prohibited degrees of affinity.

Practice — Discovery — Application for discovery before delivery of statement of claim — Affidavit in support, necessity for — "Rules of the Supreme Court 1884" — Order XXXI. — "Rules of the Supreme Court 1900" — Order XXX.

Bankruptcy — The English Bankruptcy Act 1883, 46 & 47 Vict., c. 52, s. 118 — Trustees under English bankruptcy — Right to sue in Victoria — 13 Eliz., c. 5 — "Goods and chattels" — Debentures.

Costs — Bill of costs — Right of client to demand bill of costs.

Costs — Taxation — Bill of costs — "Instructions for brief" — Two counsel, allowance of in motions.

Costs — Taxation — Bill of costs — Proceedings before Chief Clerk — Allowance of two counsel — Increased fees — Attendance of plaintiff as witness, allowance for — Instructions for brief — "Rules of Supreme Court 1900" — Order LXV., r. 28.

Costs — Taxation — Attorney — Charges for non-professional work — Solicitor doing work of estate agent — Jurisdiction of taxing officer to tax — Applicability of scales of costs — "Causes and matters" — "Rules of the Supreme Court 1884" — Order LXV., r. 8, App. N. — Supreme Court Act 1890 (No. 1142), s. 3.

Practice — Banker's books — Production of banker's books at trial — Undertaking by bank to produce verified copies — Circumstances under which verified copies of banker's books are admissible in evidence — Evidence Act 1890 (No. 1088), ss. 35, 36, 39.

Practice — County Court Act 1890 (No. 1078), s. 64 — Action for debt and liquidated demand — Money had and received.

Barrister and solicitor — Admission to practice — "Trade or business" — School teacher — Certificate of Board of Examiners — Discretion of Full Court to admit to practice, notwithstanding refusal of certificate by Board — "Rules for Admission of Barristers and Solicitors" of 26th February 1892: Rules 5 and 14; Schedules B. and H.

Police Regulation Act 1890 (No. 1127), s. 58 — Information and warrant for stealing goods — Authority of constable to seize goods — Information not heard — Disputed property in possession of police — Application to justices to determine possession — Horse — "Goods" — Authority of constable to arrest a suspected person.

Police Offences Act 1890 (No. 1126), ss. 6, 82, 99 — Local authority — Regulations — Ultra vires and meaningless — Obstructing footway — Authority to prosecute — Justices Act 1890 (No. 1105), ss. 77 (15), 141 — Conviction wrongly drawn up — Grounds for setting aside — Amending — Order to review.

Husband and wife — Order for maintenance — Resumption of cohabitation for a time — Disobedience of order for maintenance — Marriage and Matrimonial Causes Act 1864 (No. 268), ss. 30, 31 — Marriage Act 1890 (No. 1166), ss. 42, 43, 51.

Stamps — Stamp duty — Settlement made under authority of will — Creation of new beneficial interests — Deed of settlement — Stamps Act 1890 (No. 1140), s. 71 — Stamps Act 1892 (No. 1274), Schedule, Division VIII.

Will — Life tenant — Licensed premises — Licence of hotel — Repairs.

Administration and Probate Act 1890 (No. 1060), s. 40 — Sealing probate in Victoria — "Executor and administrator therein named," meaning of.

Trade marks — Passing off — Trade description — Different classes of goods of same manufacture and same quality — Use of word "patent" after patent has expired — Misrepresentation disentitling to relief — Damages — Injunction — Matters influencing discretion of Court to grant — Costs.

Trade marks — Passing off goods — Trade name or description — "Get up" common to the trade — Labels, etc., calculated to deceive.

Conflict of laws — Private International Law — Movables — Mortgage executed out of Victoria of goods in Victoria — Lex situs — Lex domicilii — Companies Act 1896 (No. 1482), s. 53 — Companies Act 1900 (No. 1699), s. 13.

Commonwealth of Australia Constitution Act, 63 & 64 Vict., c. 12, ss. 53, 54, 55 — "Laws imposing taxation" — Commonwealth Customs Act 1901 (1 Ed. VII., No. 6), Part VIII. — Id., ss. 234, 236, 255 — Commonwealth Customs Tariff Act 1902 (2 Ed. VII., No. 14), ss. 2, etc. — Effect of incorporation in of Customs Act — False entry — Genuine invoice — Belief — Penalty — Justices Act 1890 (No. 1105), ss. 141, 146 — Appeal — Order to review — Jurisdiction of State Court.

Commonwealth of Australia Constitution Act, 63 & 64 Vict., c. 12, ss. 53, 54, 55 — "Law imposing taxation" — "Other matter" — Commonwealth Customs Act 1901 (1 Ed. VII., No. 6), Part VIII. — Ib., ss. 183, 234, 236, 245, 255 — Validity of Commonwealth Customs Tariff Act 1902, 2 Ed. VII., No. 14, s. 2, etc. — Effect of incorporation in of Customs Act — False entry — Penalty — Order to review.

Licensing — Licensing Act 1890 (No. 1111), ss. 3, 4 (8), 58 — Club, certificate to — Second certificate in respect of same premises — Special case — Application for case to be stated.

Life assurance — Companies Act 1900 (No. 1699), s. 3, sub-ss. (1) and (3) — Protection of policy moneys from creditors — Married Women's Property Act 1890 (No. 1116), s. 14 — Policy for benefit of wife — Death of wife before husband — Resulting trust — Marshalling assets.

Infants — Past maintenance — Breaking into corpus — Special circumstances.

Mandamus — Public document in possession of mayor — Request by councillor to produce — Right to production — Local Government Act 1890, ss. 10, 75, 76, 182, 191, and Schedule XIII.

Friendly Societies Act 1890 (No. 1094), ss. 4, 5, 13, 20 — Friendly Societies Act 1891 (No. 1232), s. 12 — Rules and amendments informally made — Effect of registration of — Dispute between member and society — Jurisdiction of Supreme Court — Parties — Non-joinder of.

Sewerage rates — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), Part IV. — Id. 1897 (No. 1491), secs. 8, 9, 11, 12 — "Valuation in force" — Municipal valuation a condition precedent to rate — Local Government Act 1890 (No. 1112), s. 274 — Melbourne Corporation Act (6 Vict., No. 7), ss. 67, etc. — 27 Vict. (No. 178), ss. 41-44 — Amendment of municipal valuation — Notice of appeal against valuation — Effect of abandonment of claim to rate.

Practice — Mode of trial — Jury — "Causes or matters within the cognizance of the Court in its equitable jurisdiction" — Concurrent jurisdiction of equity — Fraud — Fraudulent preference within the meaning of the Insolvency Acts — Declaration in equity — "Rules of the Supreme Court 1884" — Order XXXVI., rr. 3, 6, 7 (a).

Income Tax Act 1895 (No. 1374), s. 9, sub-ss. 1, 2 (g) (h), and 4 — Deductions — Travelling expenses to and from place of residence and business from and to another place of business — Travelling expenses of director of company — Land with improvements thereon used for the purpose partly of gain and partly of residence — Liability to tax — Estimate by Commissioner of capital value of portion used for residence.

Local Government Act 1890 (No. 1112) — Construction of drains — Insufficient capacity of drain — Injury to private owner.

Practice — Originating summons — Question of fact — Jurisdiction — "Rules of the Supreme Court 1884" — Order LV.

Practice Probate — Administration bond — Dispensing with bond — Administration and Probate Act 1890 (No. 1060), s. 15.

Barrister and solicitor — Admission to practice — "Trade or business" — School teacher — Certificate of Board of Examiners — Discretion of Full Court to admit to practice, notwithstanding refusal of certificate by Board — "Rules for Admission of Barristers and Solicitors" of 26th February 1892: Rules 5 and 14; Schedules B. and H.

Licensing Act 1890 (No. 1111), s. 142 — Second bar on licensed premises, permission to use — Transfer of premises — Right of transferee to use second bar.

Trade Marks Act (No. 2) 1890 (No. 1183), ss. 17, etc. — Registration of trade mark — Right to oppose — "Words calculated to deceive" — Initial letters of words.

Local Government Act 1890 (No. 1112), s. 246 — Rating — Rateable property — Land in the occupation of the Government of Victoria — Exemptions — Prior judgment for rates — Estoppel.

Melbourne and Metropolitan Board of Works Acts 1890 (No. 1197), ss. 122, 131; 1897 (No. 1491), ss. 3, 5, 8, 10 — Rates — Property rateable by the Board — Sewered and unsewered property — Gas mains connected with sewered property.

Customs — Commonwealth Customs Act 1901 (No. 6), ss. 234 (a), (e), 251 — Invoice for goods referring to enclosure of other goods — Customs entry omitting reference to enclosure — Declaration — Untrue statement — Evasion of duty — Amendment of information — Alteration of charge.

Practice — Proceedings to set aside judgment — Consent order — Order not passed and entered — Consent in ignorance of particular fact — Withdrawal of consent — Misapprehension as to terms — Fraud — Jurisdiction of Court to vary consent order.

Mines Act 1890 (No. 1120), ss. 28, 29, 33 — Mines Act 1897 (No. 1514), s. 15 — Residence area, registration of — Transfer — Complaint for cancellation of registration of residence area — Jurisdiction of warden.

Vendor and purchaser — Contract for sale of land — Transfer of Land Act 1890 (No. 1149) — Production of certificate of title in vendor's name.

Service and Execution of Process Act 1901 (Commonwealth) (No. 11), ss. 3, 4, 11 etc. — Marriage Act 1890 (No. 1166), s. 42 — Desertion of illegitimate child — Maintenance — Writ of summons issued out of a Court — Judicial and ministerial acts — Service in another State — Jurisdiction.

Practice — Execution — Writ of fi. fa., form of — Joint creditors under order of Court — Joint debtors under order of Court — Order for issue of writ of fi. fa. by one joint creditor against one joint debter — Irregularity — Application to set aside.

Instruments Act 1890 (No. 1103), ss. 208, 209 — Contract for sale of land — Authority of agent — Parol evidence — Conditions of sale.

Health Act 1890 (No. 1098), ss. 43, 61, 71 — Adulteration — Purchase for analysis — Purchase of three bottles of the same article — Admixture and subdivision into three parts — "Any article" — Compliance with statutory provisions.

Stamps Act 1890 (No. 1140), ss. 59 (2), 68 — Mortgage containing acknowledgment of receipt of money — Stamp duty — Admissibility in evidence for limited purpose — Trustee — Breach of trust — Trustee following solicitor's advice — Negligence of trustee's solicitor — Liability of trustee — Payment by trustee to persons not entitled — Acquiescence by beneficiary in breach of trust — Right of beneficiary to sue — Jurisdiction of Court to relieve trustee from personal liability — "Acted reasonably" — Trusts Act 1901 (No. 1769), s. 3 — Practice — Parties — Assignment of trust fund by way of mortgage — Accounts of money owing under mortgage — Representative of assignor's estate.

Post and Telegraph Act 1901 (Commonwealth, No. 12), ss. 28 and 29 — "Newspaper" — Bradshaw's Guide.

Gold Buyers Act 1901 (No. 1780), ss. 3, 8 — Buying unwrought gold without a licence — Information — Sufficiency of — Person from whom gold bought — Striking out information — Order to review.

Justices Act 1890 (No. 1105), ss. 73, 155, 156, 187 — Information disclosing no offence — Remand — Conviction — Jurisdiction — False imprisonment — Action against justice of the peace.

Practice — Costs — Taxation — Costs incurred before notice of claim — Costs incurred before issue of writ — Solicitor's charge for looking up authorities — Discretion of taxing officer — Order LXV., r. 27 (9).

Appeal to Privy Council — Order in Council — Judgment respecting property or civil right amounting to or of the value of 500l. — Costs of repair of drain, subject matter of dispute.

Book Debts Act 1896 (No. 1424), s. 3 — Assignment or transfer of book debts — Nonregistration of document — Invalidity — Insolvency — Mutual debts — Set-off, right of — Insolvency Act 1890 (No. 1102), s. 121.

Divorce — Marriage Act 1890 (No. 1166), ss. 74, 83, 86 — Discretionary bar — Consolidating Acts, effect of.

Master and servant — Principal and agent — Duration of service — Notice of determination — Remuneration by salary and commission — Future commission, right to.

Larceny — Fixtures — Detachable amalgam plates — Larceny at common law — Crimes Act 1890 (No. 1079), ss. 97, 307.

Negligence — Charge for admission to a building — Undertaking of owner of building — Injury to person using — Degree of care — Misdirection.

Corporation — Corporation created by Statute — Grant incompatible with objects of corporation — Works unnecessary for the primary purposes of corporation — Authority of statutory corporation to spend its funds — Trustees vested with land for public purposes — Dedication of highway — Melbourne Harbor Trust Act 1890 (No. 1119), ss. 4, 48, 54, 96, 107, 118 — Melbourne Harbor Trust Act 1890, No. 2 (No. 1182), s. 8, Eighth Schedule.

Action, cause of — Interference with legal right — Intent to injure — Lawful excuse — Combination to further own interests — Trades union — Combination doing illegal act or using illegal means to effect its purpose — Illegal conspiracy — Interference with employment — Coercion of employer — Threat of illegal strike — Strike of workmen — Procuring breach of contract — Damage.

Income Tax Act 1896 (No. 1467), s. 12 — Income Tax Act 1903 (No. 1819), s. 9 (2) — Income — Dividends on shares in company — Liability of beneficiary.

Immigration Restriction Act 1901 (Commonwealth) — No. 17 of 1901 — S. 3(a) — Dictation by officer of passage of fifty words.

Costs — Solicitor conducting his own litigation — Taxation.

Vendor and purchaser — Contract for sale of land — Payment by instalments — Time the essence of the contract — Partial failure to perform — Right to rescind — "Stipulation" and "Condition" — Condition precedent.

Assignment of debt — Equitable assignment — Letters — Promise by debtor of assignor to pay to assignee a future debt — Request by assignor to assignee to accept such promise against his debt to assignee — Book Debts Act 1896 (No. 1424), ss. 2, 3 — Applicability to foreign debts.

Justices Act 1890 (No. 1105), ss. 40, 77 — Id. 1896 (No. 1458), s. 3 — Right of audience — Conduct of prosecution — Power of Court of Petty Sessions.

Marriage Act 1890 (No. 1166) s. 52 — Marriage Act 1900 (No. 1684), ss. 5, 6 — Pre-maternity order — Appeal to General Sessions — Reasonable time for appeal — Delay — Dismissal of appeal.

The Railways Act 1890 (No. 1135), s. 70 — Holding office during pleasure — Dismissal — Exercise of pleasure.

Insolvency Act 1890 (No. 1102), s. 139 — Insolvency Act 1897 (No. 1513), s. 10 (1) — Certificate — Dispensation with condition — Circumstances for which insolvent cannot justly be held responsible — Nature of responsibility — Payment of costs made condition precedent to certificate.

Mining — Parties to action — Association improperly incorporated — Trustee.

Practice — "Rules of the Supreme Court 1884" — Order III., r. 6 — Specially indorsed writ — Debt or liquidated demand arising under a contract — Deposit money on contract to purchase land.

The Local Government Act 1890 (No. 1112), ss. 246, 277 — The Local Government Act 1891 (No. 1243), ss. 56, 60 — Rateability — Premises used as primary school — Exclusive use — Notice of appeal, rates — Amendment of notice of appeal — New case raised — Justices Act 1890 (No. 1105), s. 185.

Trustee — Breach of trust — Trustee following solicitor's advice — Negligence of trustee's solicitor — Payment by trustee to persons not entitled — Liability of trustee — Jurisdiction of Court to relieve trustee from personal liability — "Acted reasonably" — "Ought fairly to be excused" — Trusts Act 1901 (No. 1769), s. 3 — Practice — Parties — Assignment of trust fund by way of mortgage — Accounts of money owing under mortgage — Representative of assignor's estate — Joinder of parties to whom defendant trustee asserts that trust fund was wrongfully paid by him — Stamps Act 1890 (No. 1140), ss. 59 (2), 68 — Mortgage containing acknowledgment of receipt of money — Stamp duty — Admissibility in evidence for limited purposes.

Practice — Originating summons — Questions of fact — Jurisdiction — "Rules of the Supreme Court 1884" — Order LV.

Local Government Act 1890 (No. 1112), s. 51 — Id.1891 (No. 1243), s. 16 — Councillor "concerned or participating" in contracts with the municipality — Disqualfication.

Mines Act 1897 (No. 1514), s. 129 — Accident in a mine — Negligence — Onus of proof — Questions for jury.

Land Act 1901 (No. 1749), ss. 186, 187, 196 — Driving sheep or cattle across land of any other person — Notice required — Interest in land — Whether grazing licensee entitled to notice — Person possessed of 500 sheep — Whether sheep must be on land driven over — Justices Act 1890 (No. 1105) — Rules under — Witnesses' expenses.

Claims against the Commonwealth Act (No. 21 of 1902) — Operation and effect of — Action of tort against the Commonwealth — Negligence of servants of Commonwealth — Respondeat superior — Cause of action.

The Instruments Act 1890 (No. 1103), s. 208 — Part performance — Parol promise to leave property by will in consideration of marriage — "Rules of the Supreme Court 1900" — Order XIV. (a).

Evidence — Uncontradicted evidence disbelieved by magistrates — Duty of magistrates — Claim by wife to household goods.

Street Betting Suppression Act 1896 (No. 1436), s. 2 — Betting in street — Evidence — Admissibility — Evidence of betting on previous occasion — Conduct showing purpose — "Undertaking to pay money" — Sufficiency of evidence.

Health Act 1890 (No. 1098), ss. 194, 196, 197, 198, 199, 204, 214 — Vaccination — Information for failure to have child vaccinated — Defence — Certificate of vaccination after information lodged.

Marriage Act 1890 (No. 1166), Part IV., ss. 42, 43, etc. — Order for maintenance of illegitimate child — Failure to obey — Action for arrears — Cause of action — "Rules of the Supreme Court 1900" — Order XIV (a), r. 1 — Summary judgment.

Building society — Rules — Construction — Rights of priority — Matured shareholder — Withdrawing shareholder — Stoppage of business — Recognition that business must be stopped — Rules ceasing to operate — Right to payment in full — Deduction of losses from amount at credit of shares — Alteration of rules seriously affecting particular member — Building Societies Act 1890 (No. 1068), ss. 8 (11), 28 — Arbitration clause — Jurisdiction of Court — Arbitration offered and declined.

Administration and Probate Act 1890, ss. 39, 40 — Exemplification of probate — Probate granted in New South Wales to three executors — Application for re-sealing by one only.

Mines Act 1890, ss. 244, 249, 267 — Order for inspection — Jurisdiction of warden to to make second order.

Neglected Children's Act 1890 (No. 1121), ss. 25, 29, 30 — Regulations 102, 108 — Power to demand back child boarded out — Religion of parent — Habeas corpus.

Vermin Destruction Acts, 1890 (No. 1153), ss. 4, 7, 14, 15; 1901 (No. 1770), s. 4 — Owner or occupier of "lands" — Whether "lands" include "roads" — Liability of municipality to destroy vermin on roads.

Real Property Act 1890 (No. 1136), ss. 17, 18, 19, 23 — Transfer of Land Act 1890 (No. 1144), ss. 119, 124, etc. — Land Act 1869 (No. 360), Part II. — Action for recovery of land — Adverse possession — Crown licence followed by Crown grant — Time running against Crown — Limitation of action — Mortgagor and mortgagee — Transfer of first mortgage — Transfer not shown on certificate of title — Right of transferee to bring ejectment — Tenancy at will.

Costs — Receiver, costs of fixing remuneration of — Costs "properly incurred."

Practice — Pleading in an action for libel — Justification — Justifying substance of the libel — Variation between libel and matter pleaded in justification — Particulars — Fair comment.

Sale of liquor without a licence — Customs and Excise Duties Act 1890 (No. 1082), s. 155 — Complaint for goods sold and delivered — Defence of illegality, onus of proof of.

Husband and wife — Judicial separation — Cruelty.

Income Tax Act 1895 (No. 1374), ss. 2, 9 (11) — "Income from personal exertion" — Bonus voted from year to year by company to employ — Reward for personal services — Continuity of payment — Probability of recurrence — "Granted secured or allowed."

Agreement for purchase and hire — Hirer to pay monthly rent till total sum paid — Absolute contract to purchase — Arrears of instalments — Use and hire — Form of action — Jurisdiction of justices.

Constitutional law — Commonwealth and State authority — Interference by State with Federal instrumentality or agency — Salary or allowance of member of Commonwealth Parliament — Salary or allowance of Commonwealth Minister of the Crown — 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 — Income earned, but not yet received — Income Tax Act 1895 (No. 1374), ss. 2, 7 (1) (a), 14 — Commonwealth of Australia Constitution Act (63 & 64 Vict., c. 15), ss. 48, 66.

Watercourse — Riparian owners — Rights of riparian owners — Obstructions in the alveus of a stream — Dam erected by riparian owner for the purpose of irrigation — Weir erected by riparian owner at bed level to prevent the erosion of the bed — Obstruction causing no appreciable damage — Right to nominal damages — Right to injunction — Right to preserve the bed of a stream from the operations of nature — Title ad medium filum fluminis — Trespass.

Police Offences Act 1890 (No. 1126), s. 41 (12) — Place of public resort.

Probate Charges Act 1903 (No. 1827), s. 2 — Solicitor's charges for obtaining probate — "Property left" — Cross or net value — Costs of preparing statement — What are included in.

Will — Construction — Trustee — Direction to sell realty — Duty — Power to postpone sale or to lease — Practice — Originating summons — Infant — Representation.

Insolvency — Assignment in trust for benefit of creditors — Trustee's commission — Costs of trustee — Sequestration of assignor's estate — Right of trustee under deed of assignment to deduct from moneys in his hands belonging to insolvent estate — Costs of preparing insolvent's schedule — Rights of assignee in insolvency to money in hands of trustee under deed of assignment — Insolvency Act 1890 (No. 1102), s. 71.

Banker and customer — Cheque, fraudulent alteration of — Negligence of customer in filling up cheque.

Administration and Probate Acts, 1890 (No. 1060), Part V.; 1903 (No. 1815), ss. 3, 11 — Properties transferred by way of gift, etc., during life of donor — Probate duty — Whether payable by transferred properties or by estate — Effect of provision in will for payment of duty payable on estate — Donatio mortis caus — Gift by master to servant of goods in custody of servant — Promise of a gift to charity — Expenditure by others induced thereby — Whether promise enforceable against estate of promisor — Contract.

County Court Act 1890 (No. 1078), s. 64 — Special summons — Claim for use and occupation — Debt or liquidated demand.

Practice — Affidavit — "On the return of the order to review" — Adjournment of order to review — Affidavit filed after return day fixed by order nisi to review — Justices Act 1890 (No. 1105), s. 146.

Water Act 1890 (No. 1156), ss. 458, 483 — Water Act 1900 (No. 1651), s. 153 — Water rates, liability to pay — Refusal to supply water — Demand for payment of rates, sufficiency of.

Licensing Act 1890 (No. 1111), ss. 134, 165, 193 — Sunday trading — Obligations of licensee — "Sale" or "barter" of or "traffic" in liquor — Admissions by accused person — Statement in presence of accused — Evasive denial by accused — Evidence — Hearsay — Admissibility — "Licensed premises" — Yard of hotel — Appeal under Licensing Act 1890 — Amendment of charge on appeal.

Mines Act 1890 (No. 1120), s. 5 — Miner's right — Right to possession of land under miner's right where no by-laws have been made — Tailings site — Mines Act 1897 (No. 1514), s. 53 (1) — Forfeiture of tailings.

Crown — Costs — Power to award costs against the Crown — Crown Remedies and Liability Act 1890 (No. 1080), Part I. — Information by the Attorney-General — Order for costs made without jurisdiction — Taxation.

Probate practice — Administration and Probate Acts, 1890 (No. 1060), s. 14; 1892 (No. 1261), s. 14 — Application to compel executor to bring will into Court — Jurisdiction to grant summons — "Probate Rules of 1854," applicability of — Affidavit in support, necessity for — Probate and administration fees — Insufficiently stamped summons.

Land Tax Act 1890, ss. 8, 9, 35, 31, 37, 41 — Liability to land tax — Bare legal owner — Land under Transfer of Land Act 1890 — Unregistered transfer — Right of transferor to have name removed from Land Tax Register.

Ship and shipping — Collision — Merchant Shipping Act 1894 (57 & 58 Vict., c. 60), ss. 418, 419, 422, 424, 734 — Foreign ship — Application of Act to foreign ship on the high seas — Collision regulations — Breach of regulations — Mouth-blown fog-horn — Necessary departure from regulations.

Building society — Rules — Construction — Rights of priority — Matured shareholder — Withdrawing shareholder — Society in financial difficulties — Stoppage of regular business — Rules ceasing to operate — Right to payment in full — Deduction for losses from amount at credit of shares — Cessation of membership — Alteration of rules aimed at particular member — Building Societies Act 1890 (No. 1068), ss. 8 (11), 28 — Arbitration clause — Application of arbitration clause to shareholder whose membership has ceased — "Any person claiming through or on account of a member" — Jurisdiction of Court.

Will — Gift to widow for the benefit of herself and children — Trust — Precatory trust.

Justices Act 1890 (No. 1105), s. 85 — Withdrawal of case by complainant — Payment of costs, condition precedent — "Order," meaning of.

Practice — Supreme Court Act 1890 (No. 1142), s. 232 — Appeal to Privy Council — Security, lodging same within time fixed — Registration of mortgage.

Legal Profession Practice Act 1891 (No. 1216), s. 11; 23 & 24 Vict., c. 127, ss. 10-37; 37 & 38 Vict., c. 68, s. 4 — "Rules of Supreme Court, 26th November 1892," r. 18 — Barrister and solicitor — Articled clerk — Leave to carry on permanent occupation during service of articles.

Barrister and solicitor — Admission to practice — "Trade or business" — School teacher — Certificate of Board of Examiners — Discretion of Full Court to admit to practice, notwithstanding refusal of certificate by Board — "Rules for Admission of Barristers and Solicitors" of 26th February 1892: Rules 5 and 14; Schedules B. and H.

Probate Practice — Testator domiciled in Victoria — Will relating solely to property in foreign country — Admissibility to probate in Victoria.

Land Tax Act 1890 (No. 1107) ss. 3, 35-38, 40-42, Seventh Schedule — Person properly on the Land Tax Register in respect of land — "Landed estate" — "Land" — Sale of portion of land — Notice to Registrar of sale — Acknowledgment of sale by purchaser — Effect of omission to send notice and acknowledgment — Liability of person on register — Liability in respect of land undisposed of after notice of sale to Registrar — Reclassification and revaluation, necessity for — "Evidence" — Effect of Land Tax Register as evidence — Removal of name from register.

Trade Marks Act 1890 No. 2 (Act No. 1183), s. 8 — Trade mark — Essential particulars — Added matter — Disclaimer — Registration of letters as part of trade-mark — Rectification of the register — Delay on part of applicant — Who may apply to have register rectified.

Barrister and solicitor — Admission to practice — "Trade or business" — School teacher — Certificate of Board of Examiners — Discretion of Full Court to admit to practice, notwithstanding refusal of certificate by Board — "Rules for Admission of Barristers and Solicitors" of 26th February 1892: Rules 5 and 14; Schedules B. and H.

"Rules of the Supreme Court 1884" — Order XVI., r. 5; Order XVIII., r. 1 — Practice — Misjoinder of causes of action — Several defendants.

Imprisonment of Fraudulent Debtors Act 1890, Part III. — Service of order for payment — Justices Act 1890, s. 23 — Personal service.

Executors, duties of — Legacies charged upon specifically devised real estate — Personal estate insufficient to pay legacies — Duty of executors to sell real estate to pay legacies — Costs.

Rates and rating — Practice — Rate appeal — Undertaking rated to different municipalities — Choice of method of appeal — Local Government Act 1903 (No. 1893), ss. 301, 302 (1), 306.

Practice — Rate appeals — Case stated by County Court Judge for the determination of Supreme Court — Form of case — Jurisdiction to ask questions — Local Government Act 1903 (No. 1893), s. 302 (4).

Mines Act 1890 (No. 1120), s. 3 — "Claim" — Marking out — Pegs placed on land which could not be lawfully taken up as a claim — Title to land within the pegs which could have been lawfully taken up — By-law No. 4 of the Castlemaine Mining Board, clauses 1 and 3.