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Cases reported in this volume of the Victorian Reports
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
Seduction — Service.
"Passengers, Harbours, and Navigation Statute 1865" (No. 255), sec. 46 — "Melbourne and Hobson's Bay United Railway Company's Act 1865" (No. 270) — "Public Works Statute 1865" (No. 289), sec. 131 — Assistant Harbour-master — Company's Pier-master.
County Court — Judgment wrongly entered — Mandamus.
Trover — Pastoral license — Parcels — Parol evidence — Conversations in absence of plaintiff — "Land Act 1869" (No. 360), sec. 47 — Licensing agent.
Landlord and tenant — Irregular distress — Sale of chattels of third person — Special damage.
Criminal trial — Postponement of trial.
Bigamy — Act No. 70, sec. 3 — "Minister ordinarily officiating as such" — Pastor.
Company — Authority of directors — Sale of shares — Broker.
"Public Health Act" (No. 310), sec. 32 — "Justices of the Peace Statute 1865," sec. 12 — Complaint for nuisance — Adjournment of hearing.
"Land Act 1869" (No. 360), secs. 23, 100 — Forfeiture of licence — Condition precedent — Notice of proceeding.
"Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 31 — Complaint — Dismissal — Maintenance of bastard — Second complaint — Warrant of commitment.
"Friendly Societies Statute 1865" (No. 254), sec. 16 — "The Building Societies Act 1874" (No. 493), sec. 25 — Power of society to borrow — Liability of members after incorporation.
Banker and customer — Authority of teller — Special appropriation of deposit.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
Justices of the peace — Disqualifying interest — Managers of common.
"Justices of the Peace Statute 1865" (No. 267), secs. 51, 69 — Amending Act (No. 565), sec. 16 — Limitations — Part payment — Particulars of demand — Adjournment.
New trial — Improper admission of evidence — Ship — Foreign certificate.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
"Transfer of Land Statute" (No. 301), sec. 153 — Fraud — Erroneous description in application.
Covenant to pay sum certain on demand — Action without demand — Deed — Cancellation.
Imprisonment for debt — Act No. 284, sec. 2 — Fraud summons — Expenses — Conduct money.
Defamation — Words not actionable per se — Insufficient innuendo and averment — Demurrer.
Libel — Bill of sale — Publication of notice of intention to file.
"Merchant Shipping Act 1854" (17 & 18 Vic., c. 104), secs. 209, 210 — Discharge of disabled seaman — Payment of wages to shipping master.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
"Criminal Law and Practice Statute 1864" (No. 233), sec. 178 — "Criminal Law and Practice Amendment Statute 1871" (No. 399), sec. 23 — Destroying fence obstructing defendant's right of passage — Rejection of evidence of witness disobeying order to leave Court — Act No. 571, secs. 1, 4 — No double remedy.
"Local Government Act 1874" (No. 506), sec. 281 — Rating — Appeal — Fixing time for hearing — Next available sessions — Act No. 565, sec. 25 — Notice of appeal — Signature — Seal of corporation.
"Regulation of Mines Statute 1873" (No. 480), secs. 3, 5 subs. viii., 8 — Mine — Accident — Contributory negligence.
"Masters and Servants Statute 1864" (No. 198), sec. 11 — Servant, "night miller" — Bon fide belief of right to leave service.
"The Police Offences Statute 1865" (No. 265), sec. 17 — Polluting a fountain — Iron malt tank.
"County Court Statute 1869" (No. 345), secs. 5, 39, 41 — Jurisdiction — Contract and breach in Sydney — Residence of defendant in Melbourne.
Appeal to Privy Council — Costs of transcript of appeal case — Jurisdiction of Supreme Court.
Habeas corpus — General Sessions — Conviction for felony — Record — Appointment and removal of chairman.
Costs — Action on the case — Several defendants — Verdict against one, and for another — Certificate that defendants were properly joined — 8 & 9 Wil. III., c. 11-3 & 4 Wil. IV., c. 42, s. 32 — "Common Law Procedure Statute 1865" (No. 274), s. 24.
"Transfer of Land Statute" (No. 301), secs. 23, 24 — Lapse of caveat — Subsequent order to restrain Registrar.
Money had and received — Money paid — Over-payment by inadvertence.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
Infant — Prochein ami — Compromise.
"Married Women's Property Act" (No. 384), sec. 18 — Contract by husband, wife being undisclosed principal, and having separate property — Complaint against wife.
Deed — Termination on notice — Withdrawal of notice.
Attorney — Appearance for borough council — Mode of appointment — Double appointment.
"Police Offences Statute 1865" (No. 265), sec. 17, subs. vi. — Jurisdiction of Justices — Question of title.
"Married Women's Property Act" (No. 384), sec. 5 — Savings — Separation from husband.
"Justices of the Peace Amendment Act" (No. 571), sec. 2 — Prohibition — Power to remit.
"Justices of the Peace Statute 1865" (No. 267), sec. 12 — Justice adjudicating on part of case — Waiver of objection — Act No. 571, sec. 4 — Order to quash, without certiorari.
"Insolvency Statute 1871" (No. 379), sec. 156 — Absconding with property — "Feloniously quitting, &c., and taking with him property" — Extradition — 6 & 7 Vic., c. 34, s. 3.
"Licensing Act 1876" (No. 566), sec. 90 — Unlicensed person — Liquor on premises — Order for forfeiture — Order to quash.
"Landlord and Tenant Statute 1864" (No. 192), sec. 66 — Service of summons.
"Landlord and Tenant Statute 1864" (No. 192), sec. 90 — Notice of intention to apply for warrant of possession — Weekly tenancy — Notice to quit — Demand of possession.
Restraint, of trade — Agreement under seal — Combination contrary to public policy — Illegality.
"Common Law Procedure Statute 1865" (No. 274), sec. 80 — Act No. 571, sec. 4 — Practice at law — Holiday — Order nisi to quash.
"Justices of the Peace Statute 1865" (No. 267), s. 69 — Summons for one offence and conviction for another.
"Education Act Amendment Act 1876" (No. 541), sec. 8 — Evidence of parentage.
Merger — Simple contract debt — Memorandum under seal providing for mortgage.
Practice — Affidavit — Interlineation not initiated by Commissioner.
"Pounds Act 1874" (No. 478), sec. 14 — Trespass — Detinue — Plea.
"Criminal Law and Practice Statute 1864" (No. 233), sec. 143 — Conversion of money contrary to direction in writing — Provision for interest on non-payment.
Arbitration — Referring back award — Affidavit of some arbitrators that they were misled — Service — Appeal to Privy Council — Amount at issue.
"Justices of the Peace Statute 1865" (No. 267), sec. 150 — Transmission of appeal case to Prothonotary, and service of notice on respondent afterwards on same day.
Justices Amendment Act (No. 571), sec. 4 — Order to quash — Time for application.
Building contract — Penalties for overtime — Delay of employer in giving possession of land.
"Justices of the Peace Statute 1865" (No. 267), sec. 44 — Abandonment of excess — Giving credit — Reduction of claim.
"County Court Statute 1869" (No. 345), sec. 5 — Jurisdiction — Contract by letter.
"Pounds Act 1874" (No. 478), secs. 17, 33 viii. — Trespass Rates — Tender.
Joint stock company — Application for shares — Allotment — Notice of acceptance — Evidence — Resolution to make call, and to wind up — Rough minute book — "The Companies Statute 1864" (No. 190), sec. 64.
Illegality — Bill of Exchange — Gaming debt.
Landlord and tenant — Covenant to repair — Notice — Pleading at law — Legal inference — Averment of general performance.
"Common Law Procedure Statute 1865" (No. 274), sec. 90 — Service of writ of summons out of the jurisdiction, but within fifty miles of the border.
Ejectment — Conveyancing title — Possesssion by caretaker for fifteen years.
Bank manager — Local branch — Authority to waive liability of customer on promissory note — Verdict unsatisfactory — New trial.
Act of God — Carriage of goods by sea — Special contract — Obligation of shipowner, where ship not destroyed — Implied warranty of seaworthiness — Trover for goods sold by master without authority of shipper — Pleading — Breach of implied condition not previously set out — Practice — Plea held bad on demurrer after verdict for defendant upon it — Evidence — General average — Adjustment — Average stater.
Will — Canons of construction — Language clear grammatically — Time at which will speaks — Words of futurity.
County Court Rules — Order iii., r. 90, 96 — Ejectment — Mortgagee against mortgagor.
Trespass — Action for damage, after acceptance of trespass rates for subsequent trespass.
Ca. re. — "Common Law Procedure Statute 1865" (No. 274), sec. 332 — Affidavit to hold to bail.
Promissory note — Forgery — Ratification — Estoppel.
Detinue — Damages.
Negligence — Independent contractor — Practice — Rule nisi refused.
Husband and wife — Revocation of wife's authority to pledge husband's credit — Credit given on recommendation of third person.
"The Companies Statute 1864" (No. 190), sec. 25 — "The Justices of the Peace Statute 1865" (No. 267), secs. 73, 114 — Penalties for several days on one information — Separate offences — Costs.
Appeal — Privy Council — Application to make order of Privy Council an order of Supreme Court — Taxation of costs.
"Real Property Statute 1864" (No. 213), sec. 31 — "Common Law Procedure Statute 1865" (No. 274), sec. 404 — Statutes of Limitation — Ejectment — Absence of plaintiff beyond seas.
4 & 5 Anne, c. 16, sec. 19 — "Common Law Procedure Statute 1865" (No. 274), sec. 405 — No. 290, sec. 2 — Statutes of Limitation — Defendant beyond seas — Tasmania.
"Local Government Act 1874" (No. 506), sec. 285 — Service by post of demand of rates.
Negligence — Public street — Steam-roller — Stoppage of traffic.
Contract — Extras — Engineer's certificate — Improper refusal to certify — Waiver — Liability of employer — Condition precedent — Satisfaction of engineer — Pleading at law — Inconsistent breaches — Contract and tort in same count.
Attachment for non-payment of costs — Imprisonment for debt abolition — Act No. 292, sec. 2.
"Land Tax Act 1877" (No. 575), secs. 3, 7 — Landed estate — Deduction of 2500l. — One part owner interested in several estates.
Executors — Fraudulent appropriation by one executor, also bank manager, of moneys of the estate deposited in bank — Estoppel on other executors from suing — Finding of jury against evidence on question asked.
Partnership — Use of partnership name for payment of separate debt of partner — Presumption of authority from previous dealings.
"County Court Statute 1869" (No. 345), secs. 9-15 — Judge — Tenure of office — Quo warranto — Relator.
Malicious prosecution — Perjury — Reasonable and probable cause — Libel — Privileged communication.
Attorney — Lien for costs — Insolvency of client — Proof of debt — Set-off.
"The Customs Act 1857" (No. 13), sec. 21 — "Crown Remedies and Liability Statute 1865" (No. 241), sec. 20 — Customs duty — Dispute — Exclusive remedy.
"The Electoral Act 1865" (No. 279), sec. 133 — Returning officer — Misfeasance — Penalty — Qui tam information — Private prosecutor.
"The Landlord and Tenant Statute 1864" (No. 192), secs. 90, 91, 93, 97 — Warrant of possession — Prohibition — Statutory remedy.
"Local Government Act 1874" (No. 506), sec. 290 — Demand for rates — Service by post.
Defamation — Privilege — "County Court Statute 1869" (No. 345), sec. 70 — Nonsuit.
"The Land Act 1869" (No. 360), sec. 23 — Evidence — Expired license.
Imprisonment for Debt Abolition — Act No. 292, sec. 2 — Attachment for non-payment of costs.
"Transfer of Land Statute" (No. 301), sec. 94 — Mortgagee — Possession of mortgagor after default — Tenant at sufferance — Ejectment — Consent of mortgagee — Appeal County Court — Objection not taken at hearing.
Crown grant — Ejectment by administrator — "The Administration Act 1872" (No. 427), sec. 6 — Evidence of enrolment of grant.
Libel — Justification — Subsequent pamphlet by the plaintiff — Misconduct of jury.
"County Court Statute 1869" (No. 345), secs. 70, 78 — Nonsuit — Costs.
"Police Offences Statute 1865" (No. 265), sec. 5, subsec. vii. — Carting nightsoil — Licence — Onus of proof.
Master and servant — Dismissal — Notice.
Marine Insurance — Burning.
Master and servant — Shipmaster — Negligence.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
Negligence — Unlighted railway station — Injury to friend of passenger — Government railway — Liability of Board of Land and Works.
Appeal — Privy Council — Lapse of appeal — Interest on judgment.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
Order to quash — Act No. 571, sec. 4 — Prohibition — Production of copy of minute.
Jurisdiction of justices — Question of title — Finding against evidence — Prohibition.
Contempt of Court — Commitment for definite period — Verbal discharge before expiration of period.
"Mining Companies Act 1871" (No. 409), secs. 52, 90 — Mining Company — Winding up — Recovery of calls.
"County Court Statute 1869" (No. 345), sec. 32 — Action against bailiff — Notice of action — Nonsuit — Appeal — Re-hearing.
"County Court Statute 1869" (No. 345), sec. 120 — Appeal — County Court — Deposit by way of security — Cheque.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
Appeal — County Court — Alteration of appeal case by judge — Appeal before moving for nonsuit pursuant to leave reserved.
Practice — Declaration delivered after the expiration of a year.
"Local Government Act 1874" (No. 506) — Sec. 400 — Interference with creek — Question of title — Mining claim.
"Pounds Act 1874" (No. 478), sec. 14 — Seizure for purpose other than impounding.
Act No. 557, sec. 13 — Bill of sale — Affidavit of renewal — Independent covenant to pay.
Landlord and tenant — Distraint by mesne landlord after determination of his term — Appeal — County Court — Special case.
Barrister — English bar — Admission to practise before expiry of prescribed notice — Supreme Court Rules, December 3, 1872, r. 10.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
"Markets Statute 1864" (No. 202), sec. 28 — Public place — Queen's Wharf — ""Melbourne Harbour Trust Act 1876" (No. 552), secs. 47, 56, 67, 79.
"Common Law Procedure Statute 1865" (No. 274), sec. 242 — Injunction ex parte — Possessory title — Damage not irreparable.
Contract — Condition precedent — Judgment recovered — Estoppel — Ignorance.
Bill of sale — Registration — Unregistered memorandum of transfer.
Bill of sale — Act No. 557, s. 13 — Affidavit of renewal — Attorney under power.
Contract — Certificate of engineer — Condition precedent — Liability of employer where engineer improperly withholds certificate — Collusion.
Barrister — Admission — Previous admission as barrister and attorney in New Zealand — Certificate of Board of Examiners acted upon in absence of appeal.
"Mining Statute 1865" (No. 291), secs. 193, 244 — Act No. 446, sec. 23 — Order of warden, when made — Order made after application to reserve questions of law — Certiorari.
Contract — Engineer's certificate — Action against engineer for not certifying — Fraud — Collusion.
Merger — Promissory note — Stock mortgage — Construction — Intention — "Acceptance."
"Friendly Societies Statute 1865" (No. 254), sec. 4, vii. — "The Building Societies Act 1874" (No. 493), sec. 25 — "Friendly Societies Act 1877" (No. 590), sec. 18, v. — Building society — Power to borrow — Liability of individual member for repayment of loan.
Bailee for hire — Safe custody of goods — Damage by unusual flood.
"Insolvency Statute 1871" (No. 379), secs. 37, 71, 72 — Bill of sale — Fraudulent preference — Assignment good in part, and bad in part.