EX PARTE LAWLOR3 VLR (L) 1
"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.
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Cases reported in this volume of the Victorian Reports
"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.
"Mining Statute 1865" (No. 291) — Secs. 166, 194 — Mandamus — Costs.
"Marriage and Matrimonial Causes Statute 1864" (No. 268) — Secs. 30, 31 — Bastard — Maintenance — Costs — Complainant not the mother.
"Local Government Act 1874" (No. 506) — Secs. 19, 20, 285 — Severance from one municipal district, and annexation to another — Liability for current rates.
"Insolvency Statute 1871" (No. 379), secs. 137, 138 — Fraudulent and culpable negligence — Imprisonment — Practice — Habeas corpus — Return.
"Criminal Law and Practice Statute 1864" (No. 233) — Sec. 227 — Forging and uttering receipt.
Uttering forged cheque — Guilty knowledge — Evidence of uttering another forged document.
Pledge — Sub-pledge — Tender to sub-pledgee.
"Regulation of Mines Statute 1873" (No. 480) — Sec. 5, subsec. viii. — Liability of registered manager.
Bill of sale — Interlineation in affidavit not initialed.
"Land Act 1869" (No. 360) — Secs. 20, 30 — Insufficient fence — Right of licensee to sue for trespass.
"County Courts Statute 1869" (No. 345) — Secs. 47, 120 — Appealable amount — Appeal on finding of fact.
"The Licensing Act 1876" (No. 566) — Sec. 48 — Transfer of license — Approval of licensing magistrate — Informal affidavit of magistrate.
"Wines, &c., Sale Statute Amendment Act" (No. 390) — Sec. 12 — Petition in favour of grant of publican's license.
Insolvency — 7 Vic. No. 19, sec. 12 — Appointment of official assignee — Power to rescind.
Libel — Two counts on same publication — Separate damages.
"Transfer of Land Statute" (No. 301), sec. 24 — Power of Court to restrain registration, where caveat cannot be followed by action or suit.
Contract — Restraint of trade — Covenant to refer.
"Criminal Law and Practice Statute 1864" (No. 233) — Sections 298, 389 — Cumulative sentence.
"County Courts Statute 1869" (No. 345) — Sec. 120 — Appeal — Re-hearing — Costs of first trial.
Evidence — Books of account — Entries of deceased for, as well as against, interest.
"County Courts Statute 1869" (No. 345), ss. 38, 120 — Appeal — Security.
"County Courts Statute 1869" (No. 345), sec. 41 — Appeal — Rehearing in Supreme Court — Scale of costs.
Landlord and tenant — Easement appurtenant — Obstruction by tenant — Action by reversioner — Merger.
Release — Fraud — Statute of Limitations — Equitable replication of ignorance of fraud.
"Married Women's Property Act" (No. 384) — Secs. 10, 11, 18 — Restraint on anticipation.
Statute of Frauds — Oral contract to pay the debt of another.
Ejectment — Defendant's possession not proved.
Perjury — Corroborative evidence.
"Juries Statute 1865" (No. 272), sec. 17 — Criminal inquest — Special jury — Ex parte order.
"The Mining Companies Act 1871" (No. 409), secs. 65, 74, 96-99 — Winding up — Liquidator — Meeting of creditors — Contributory — Notice to pay contribution — Distress warrant — Mandamus.
Growing crops — Absolute conveyance — Sale — Purchaser without notice.
Trespass — Vicious horse — Omission to fence.
Landlord and tenant — Sublease — Continuing tenancy.
"Common Law Procedure Statute 1865" (No. 274), sec. 407 — "Real Property Statute 1864" (No. 213), sec. 47 — "County Court Statute 1869" (No. 345), sec. 58 — County Court Rules, Order III., R. 53 — Mortgage — Covenant to pay interest — Statutes of Limitations — County Court practice — Notice of defence.
Mining company — General meeting — Notice.
Mortgage — Sale under power — Action for deficit.
Bill of exchange — Period of payment blank.
Master and servant — Misconduct — Dismissal.
"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.
"The Licensing Act 1876" (No. 566), secs. 18, 48 — Licensed Publican — Landlord and tenant — Eviction — Surrender — Special certificate — Discretion of magistrate.
Attorney — Parliamentary agent — Bill of costs — Taxation — "Common Law Procedure Statute 1865" (No. 274), sec. 387.
Attorney — Lien for costs — Settlement between the parties.
"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.
"The Justices of the Peace Statute 1865" (No. 267), secs. 151, 152 — Refusal to state case — Application not frivolous — Recognisance — "The Pounds Act 1874" (No. 478), sec. 15 — "Owner" — Unpaid vendor in possession.
"Land Act 1869" (No. 360), sec. 21 — Contract to take crop as payment for labour — Statute of Frauds, sec. 4 — "The Instruments and Securities Statute, 1864" (No. 204), sec. 107 — Interest in land.
"County Court Statute 1869" (No. 345), sec. 38 — Costs taxed after trial — Prohibition.
"Instruments and Securities Statute 1864 Amending Act" (No. 313), secs. 8, 10 — Stock mortgage — Failure of consideration — Revesting of property — Sheep not at place described.
Statute of Frauds, sec.4 — "Instruments and Securities Statute, 1874" (No. 204), sec. 107 — Interest in land — Landlord and tenant.
County Court — Damages on several matters — Appeal — Rehearing — Limit of jurisdiction.
Contract — Warranty — Sale note.
Factor — Lien — Countermand of authority — Sale — Measure of damages.
Ejectment — Verdict against defendant not appearing — Evidence — Answers to interrogatories — New trial.
Costs — Evidence on commission — "Statute of Evidence 1864" (No. 197), sec. 8 — Practice — Counsel.
Victoria Steam Navigation Board — Merchant Shipping Acts 1854, 1862 — Passengers Harbours &c. Amendment Act (No. 312) — Suspension of engineer's certificate — No statement of case furnished.
Practice — Postponing criminal trial.
"Melbourne Harbour Trust Act 1876" (No. 552), sec. 16 — Construction — Marginal notes.
"Mining Statute 1865" (No. 291) — Secs. 228, 230 — Costs — Taxation by warden.
Negligence — Contract — Sub-contractor — County Court appeal — Practice — "C. L. P. Statute 1865" (No. 274), sec. 73.
Burden of proof — Presumption of fraud.
Statute of Frauds, sec. 17 — "The Instruments and Securities Statute 1864" (No. 204), sec. 108 — Contract for sale of goods — Acceptance by receipt and retention — Sale by auction — Purchaser's name signed by clerk.
"Mining Statute 1865" (No. 291), sec. 37 — Forfeiture — Refusal of warden to adjudicate — Mandamus — Act No. 565, sec. 10 — Filing answering affidavit of warden.
Carrier — Delivery at intermediate place upon request of consignee — Right to freight — County Court appeal — Practice — Transmission of case — County Court Rules, Order V., r. 4, 5.
"Police Offences Statute 1865" (No. 265), sec. 5 (vii.) — Carting away nightsoil — License for one district.
Practice at law — Certificate for costs.
"Local Government Act 1874" (No. 506), sec. 213 (viii.) — By-law — Ultra vires, Nuisance — Nightsoil.
"Transfer of Land Statute" (No. 301), sec. 17 — Registration — Easement — Incorporeal hereditament.
"Local Government Act, 1874" (No. 506), sec. 265 — Rating — Railway Company — Deductions.
False representation — Consequential damages.
Lessor and Lessee — Covenant running with the land — Pleading at law — Drawing inferences — Statute of Frauds — Contract for sale of fixtures.
"Common Law Procedure Statute 1865" (No. 274), sec. 407 — "Real Property Statute 1864" (No. 213), sec. 49 — Statute of Limitations — Acknowledgment.
"Local Government Act 1874" (No. 506), sec. 418 — Road or street — Dangerous hole or place.
County Court — Detinue — Execution — County Court Rules, Order III., r. 125.
"The Lands Compensation Statute 1869" (No. 344), sec. 31 — Compensation — Jury — Trial by proviso.
"The Building Societies Act 1874" (No. 493), secs. 7, 8, 9 — Proof of registration, and of rules.
Vendor and purchaser of real estate — Deterioration between sale and possession.
"Lunacy Statute" (No. 309), sec. 148 — Contract for maintenance of lunatic patient — Action by Master in Lunacy.
Evidence — Irrelevant cross-examination not objected to — Limits of re-examination — Practice — Plea added by Judge at trial — Improper reception of evidence — New trial.
"County Court Statute 1869" (No. 345), secs. 39, 41, 47 — Limit of jurisdiction — Costs — "Common Law Procedure Statute 1865" (No. 274), sec. 440 — Discretion.
Contract — Restraint of trade — Limit of time.
Malicious prosecution — Reasonable and probable cause — Malice.
Statute of Frauds — "Instruments and Securities Statate 1864" (No. 204), sec. 107 Guarantee on separate paper attached by folding — County Court — Costs — Tender.
"Lands Compensation Statute 1869" (No. 344) sec. 35. — Compensation — Cost of fencing.
"Marriage and Matrimonial Causes Statute 1864" (No. 268) sec. 14 — Marriage of minor — Consent of parent — Bigamy.
"Criminal Law and Practice Statute 1864" (No. 233), sec. 143 — Embezzlement — General direction for appropriation of moneys.
Bill of exchange — Drawer against indorser.
Auctioneer — Deposit to be paid to auctioneer as agent for vendor.
Two convictions and one appeal.
"Melbourne Harbour Trust Act 1876" (No. 552), sec. 6 — Election of Commissioners — Ballot.
"Public Health Amendment Act" (No. 310), secs. 47, 62 — Cumulative remedy.
"Insolvency Statute 1871" (No. 379), sec. 131 — Release from sequestration — Action by insolvent before release.
Bill of sale — After-acquired property — Novus actus.
"Common Law Procedure Statute 1864" (No. 274), sec. 407 — Statute of Limitations — Mortgage — Interest — Pleading at Law.
Slander — Innuendo — Demurrer.
"Common Law Procedure Statute 1865" (No. 274), secs. 80, 292 — Writ of attachment — Nullity.
Trespass — Previous judgment for conversion — "Instruments and Securities Statute" (No. 313), sec. 5 — Stock mortgage — Possession.
"Local Government Act 1874" (No. 506), sec. 285 — Recovery of rates — Summons.
Money paid — Purchase by sub-tenant of his goods distrained by superior landlord.
Negligence — Forgetfulness — Contributory Negligence.
Melbourne and Geelong Corporations Amendment Act (No. 178), secs. 59-60 — Repairing pavement — Recovery of half cost — Demand.
Landlord and tenant — Theatre — Ornaments attached to outer wall — "County Court Statute 1869" (No. 345), sec. 120 — Appeal — Practice — Bond — Rule to strike out case — "Common Law Procedure Statute, 1865" (No. 274), sec. 74 — Delivery of copies of appeal case to Judges.
Vendor and Purchaser — Interest.
"County Court Statute 1869" (No. 345) sec. 120 — Appeal — Question of fact.
"Insolvency Statute 1871" (No. 379) sec. 154 (iv.) — Concealment of "his Property."
"Married Women's Property Act" (No. 384), sec. 17 — Husband and wife — Practice — Rule nisi entitled in wrong court.
Barrister — Admission — Absence from Victoria — Reg. Gen., 3rd Dec., 1872, r. 13.
Practice — Attachment — Informal Writ — Second Writ — Date.
"County Court Statute 1869" (No. 345), secs. 38, 120 — Appeal — Security — Practice County Court — Taxation of costs.
"Mining Companies Act 1871" (No. 409), sec. 48 — Mining Company — Seal.
"Mining Statute 1865" (No. 291), sec. 195 — Amending Act (No. 446), sec. 3 — Mining claim — Possession — Warden's order — Certiorari pending appeal.
"Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Order for delivery, and order for value and costs, by different justices.
Sale of goods — "With all faults" — Sale by sample.
Principal and agent — Right to commission where work not done.
Execution — Trustee — Dry legal estate — Fi. fa. against trustee.