BURGMEIER v. SHIRE OF DAREBIN5 VLR (L) 1
"Local Government Act 1874" (No. 506), sec. 399 — Highway — Obstructions — Closed roads.
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Cases reported in this volume of the Victorian Reports
"Local Government Act 1874" (No. 506), sec. 399 — Highway — Obstructions — Closed roads.
"Transfer of Land Statute" (No. 301), sec. 24 — Caveat — Order to restrain registration — Adverse possession.
Libel — Written discharge of seaman — "Merchant Shipping Act 1854" (17 & 18 Vic.), cap. 104, sec. 176.
Conviction — Certainty as to enactment on which it is based.
"Common Law Procedure Statute 1865 "(No. 274), sec. 440 — Costs — Scale of taxation — Amount claimed.
Partnership — Joint adventure — Recovery at law of share of expenses.
Imprisonment for Debt Abolition Act (No. 284) — Fraud summons — Order to pay not served.
Contract — Agent liable as principal.
County Court — Jurisdiction — Property wrongfully taken in Victoria, and sold abroad — Practice at law — Appeal from County Court — Bond.
Evidence — Statement of deceased person against interest — Ejectment — Claim of title by caretaker — Tenancy at will.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 34 — Desertion of wife and children — Proof of Marriage — Admissibility of husband's evidence.
Partnership — Action by one partner against another for money lent for partnership purposes.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 31 — Leaving wife without support — Offer at hearing to take her back — Refusal to return.
"County Court Statute 1869" (No. 345). sec. 120 — Appeal — Rehearing — Neglect of plaintiff to set down for trial — Application to vary order of appeal.
Vendor and Purchaser — Action for not giving possession — Damages — Improper reception of evidence — Time for taking objection — Appeal — County Court — Remitting case — Rule nisi — Costs.
"Insolvency Statute 1871" (No. 379), secs. 3, 132, 134 — "Transfer of Land Statute" (No. 301), sec. 157 — Admissibility of compulsory deposition of insolvent against himself in a criminal proceeding.
Practice — Rule — Date — Heading.
Conviction — Venue — Locality of offence and trial, in body of conviction — Act No. 565, sec. 36 — General Sessions — Question of law stated for opinion of Supreme Court.
"County Court Statute 1869" (No. 345), sec. 47 — Indefinite abandonment of excess over 250l. — Appeal — New trial, after refusal by judge.
"Transfer of Land Statute" (No. 301) — Amending Act (No. 610), sec. 2 — Certificate of title — Easement — Registration.
"Land Act 1869" (No. 360), sec. 20, subsec. v. — Lease of Crown Land — Condition not to assign without sanction of Governor — Transfer by sale under fi. fa.
"County Court Statute 1869" (No. 345), sec. 32 — County Court bailiff — Misfeasance — Notice of action.
Contract — Interpretation of ordinary words — Evidence of experts — Racehorses — "Cleared themselves."
"The Licensing Act 1876" (No. 566), sec. 44 — Special district proclaimed — Revocation of proclamation — Special license.
Building contract — Architect's certificates — Maintenance after completion.
Contract — Immoral consideration — Stranger — Trover — Distress for rent.
Husband and wife — Authority of wife to pledge credit of husband — Revocation not published.
Landlord and tenant — Lease — Trade fixtures — Practice — Rule nisi in pursuance of leave reserved.
Contract — Receipt — Warranty.
"County Court Statute 1869" (No. 345), secs. 78, 121 — Judgment set aside, and new trial granted, after sixteen years — Certiorari.
Ejectment — Adverse possession — Fence.
"The Licensing Act 1876" (No. 566), sec. 103 — Order — Prohibition — Act No. 571, sec. 1.
Evidence — Burthen of proof — Facts peculiarly in knowledge of one party.
"Local Government Act 1874" (No. 506), s. 376 — Injury from protrusion of fireplug in streets.
"The Justices of the Peace Statute 1865" (No. 267), sec. 138 — Act No. 565, sec. 11 — Appeal — From justices — Question of fact — Appearance by counsel for justices.
Malicious prosecution — Reasonable and probable cause — Possession of stolen property — Omission to inquire into truth of explanation.
"Common Law Procedure Statute 1865" (No. 274), sec. 266 — Agreement for arbitration — Invalid award — Action.
Barrister — Queensland — Admission in Victoria — Supreme Court Rules, 10th August, 1878 — Admission on reciprocal terms.
"Lands Compensation Statute 1869" (No. 344), sec. 31 — Inquiry as to value of land taken for railway — Evidence of actual offer.
Bill of Exchange — Notice of dishonour — Misdescription.
Jurisdiction, Justices — Set-off — Married woman — Joint hiring with husband — Separate summons for wages.
Partnership — Incomplete negotiations.
Justices of the peace — Order for payment of money — Second complaint and order for part of same amount.
Contract — Engagement of medical practitioner — Revocation before cure.
Corporation — Attorney — Appointment under seal.
"Local Government Act 1874" (No. 506), sec. 399 — Highway — Obstructions — Closed roads.
"Local Government Act 1874" (No. 506), sec. 399 — Highway — Obstructions — Closed roads.
"Insolvency Statute 1871" (No. 379), sec. 144 — "Common Law Procedure Statute 1865" (No. 274), sec. 57 — Pleading at Law — Plea in covenant by two defendants, of insolvency of one — No reference in margin.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 31 — Leaving wife without means of support — Offer of a home.
"The Landlord and Tenant Statute 1864" (No. 192), secs. 90, 91, 97 — Warrant of possession — Technical objections.
Partnership — Agreement for half proceeds, as rent.
Attorney — Debt — Set-off — Bill of costs — Signed bill.
"Married Women's Property Act" (No. 384), sec. 18 — Presumption as to wife being separated from husband — Separate business — Liability for goods supplied to wife.
Justice of the peace — Act No. 571, sec. 4 — Practice — Rule to quash order already drawn up — Minute only produced.
"Transfer of Land Statute" (No. 301), secs. 93, 94 — Action by mortgagor for use and occupation.
"County Court Statute 1869" (No. 345) — sec. 97 — Replevin in Supreme Court upon execution out of County Court.
"The Licensing Act 1876" (No. 566), sec. 54 — Conviction — No venue — Amount of costs in blank.
Malicious prosecution — Reasonable and probable cause — Inquiry into character of informant.
"Transfer of Land Statute" (No. 301), sec. 64 — Act No. 610, secs. 2, 3 — Conclusiveness of certificate of title as to right-of-way.
"Real Property Statute 1864" (No. 213), secs. 18, 19 — Ejectment — Conveyance to plaintiff more than fifteen years before action — No evidence of entry thereunder — Same land twice conveyed in fee by same owner — Adverse possession.
"Local Government Act 1874" (No. 506), sec. 399 — Highway — Obstructions — Closed roads.
Interpleader — Evidence of collusion.
Accidental fire — Liability for its spread to neighbour's land.
"Dog Act 1864" (No. 229), secs. 3, 9 — Non-registration — Owner — Dog in custody or control — Practice — Appeal case — Signature.
"County Court Statute 1869" (No. 345) — Rules, Order III., r. 2 — Bill of Exchange not set out verbatim.
"Licensing Act 1876" (No. 566), sec. 54 — Selling liquor without a license — Conviction.
Arbitration — Proviso for reference, in lease — No appointment in writing of arbitrator.
Practice — Writ served on wrong person — Setting aside proceedings — Delay in applying after writ came to defendant's knowledge.
"The Building Societies Act 1874," (No. 493), sec. 32 — Ejectment — County Court — Order III., Rules 89, 90 — Variance — Plaint as by mortgagee — Certificate of title and defeasance — Building Society — Provision for arbitration — Member — Mortgagee — Practice, County Court — Indorsement of plaint summons — Summons in Chambers.
Joint-stock company — Articles of association — Restrictions upon transfer of shares — Transfer by operation of law — Sale under execution.
"Local Government Act 1874" (No. 506), sec. 274 — Appeal to General Sessions — Rating — Notice of appeal — Misdescription of property — Practice — Act No. 565, secs. 31, 36 — Decision of General Sessions before stating case.
Contract — Breach — Partial failure of consideration — Measure of damages — Matter in contemplation of both parties.
Banker and customer — Banker's lien on bills left for collection — Evidence — Affidavit of inspector — Viva voce evidence of manager.
"The Municipal Corporations Act 1863" (No. 184), secs. 218, 239 — Debentures secured upon special rate — Liability of general funds.
Marine insurance — Re-insurance — Defences.
"Statute of Evidence 1864" (No. 197) sec. 25 — "The Pounds Act 1874" (No. 478) sec. 21 — Evidence — Document of public character — Proof by copy or extract — Poundkeeper's book.
Contract — Condition for forfeiture of materials on ground — Extension of time.
Award — Finding of two sums in the alternative, subject to question of law — Acceptance of smaller sum.
"Land Tax Act 1877" (No. 575), secs. 5, 46, 55 — Landlord and Tenant — Land Tax — Covenant to pay — Retrospective legislation.
False imprisonment — Arrest by sheriff under warrant of Court in Equity for contempt — Negligent escape — Re-arrest by sheriff — Right to take prisoner before the Court, out of his bailiwick.
"The Police Offences Statute 1865" (No. 265), sec. 17 (vi.) — Wilful trespass — Possession obtained by subterfuge — Practice at law — Prohibition — Rule nisi — Grounds.
Contract — Parties — Agent.
"The Land Tax Act 1877" (No. 575), sec. 24 — Appeal to Commissioners against classification — Lien of agent for costs — Taxation of costs.
"Married Women's Property Act" (No. 384), sec. 18 — Plaint in County Court by married woman without alleging separate property — Nonsuit.
"The Melbourne Harbour Trust Act 1876" (No. 552), sec. 108 (x., xxiii.) — Regulations — Power to require licenses for ballast lighters, before fee fixed.
"Common Law Procedure Statute 1865" (No. 274), sec. 440 — "County Court Statute 1869" (No. 345), sec. 41 — Scale of costs — Reduced damages — Action not within jurisdiction of County Court.
Appeal — County Court — Nonsuit in deference to opinion of judge.
"Masters and Servants Statute 1864" (No. 198), sec. 16 — Complaint not stated to have been on oath.
Trespass — Adoption of act by taking advantage of it.
Contempt of Court — Newspaper comments on pending action.
Ship — Liability of master for negligence of crew, resulting in injury to passengers.
"Public Works Statute 1865" (No. 289), sec. 77, 135 — "Lands Compensation Statute 1869," (No. 344), sec. 71 — "Railway Construction Act 1877" (No. 580), sec. 7 — Construction of railway — Liability of contractor for injury by sparks — Negligence.
"Local Government Act 1874" (No. 506), sec. 399 — Gate across public road — Liability of municipal council for injury to traveller — Remoteness of damages — County Court — Nonsuit — Appeal.
"The Land Tax Act 1877" (No. 575), sec. 3 — One owner of several "landed estates" — One deduction.
Arbitration — Misconduct of umpire — Setting aside award — Communicating with witness in absence of opposite party — Affidavit of umpire as to what passed.
Practice at law — Division of lists at Nisi Prius — Defendant absent when case called on — Verdict for plaintiff — New trial — Bill of exchange — Absolute sale — Unqualified indorsement.
Practice at law — New trial — Defendant residing in another colony — Commission to examine witnesses on terms beyond attorney's authority to accept — Trial in absence of defendant's evidence.
"Local Government Act 1874" (No. 506), secs. 71, 116 — Election of borough councillor — Publication of notice — Rejection of nomination paper — Ouster from office — Relator — Collusion.
Vendor and purchaser — Contract — Completion of purchase — Reasonable time — Payment of instalment of purchase money before title shown or conveyance executed — Pleading at law — Departure.
"Common Law Procedure Statute 1865" (No. 274), sec. 278 — Practice at law — Action for slander — Interrogatories — Affidavit — Corporation — Agent — Attorney's clerk — Costs.
"County Court Statute 1869" (No. 345), sec. 120 — County Court Rules, Order V., r. 1 — Appeal — Extension of time for delivery of case to respondent — Jurisdiction — Mandamus.
"Instruments and Securities Statute 1864" (No. 204), sec. 56 — Act No. 557, sec. 16 — Bill of sale — Time for registration — Previous verbal agreement — Description of attesting witness.
Master and servant — Contract of hiring — Term.
Banker and customer — Mortgage — Parol agreement — Deed — Merger.
Malicious prosecution — Charge of incompetency and gross negligence, before Steam Navigation Board — Gross negligence only proved — Evidence of previous good conduct in other employment.
Guaranty, Continuing — Death of guarantor — Revocation by executors.
Attorney — Unlawful conveyancing — Agreement for sale of goodwill and lease of hotel — 11 Vict. (No. 33), sec. 13.
"Justices of the Peace Statute 1865" (No. 267), secs. 64, 65 — Misnomer — Service of summons on right party under wrong name — Appearance in answer thereto.
County Court Rules — Order III., rule 17 — Service on inmate of place of dwelling — Mandamus.
Banker and customer — Dishonour of cheque — Excessive damages — Previous loss by customer of mercantile character — Special damage proved — Mistaken agreement to advance, not withdrawn by banker.
Lease — Agreement to assign, without authority — Action for breach of agreement, before authority obtained.
"Local Government Act 1874" (No. 506), sec. 399 — Highway — Obstructions — Closed roads.
Vendor and Purchaser — Mistake as to allotment purchased — Caveat emptor.
Negligence — Horse accustomed to kick — Injury on defendant's land, open to the public.
"County Court Statute 1869" (No. 345), sec. 119 — Power to amend by stating new cause of action.
Contract — Security by deposit of stakes — Deposit by cheque dishonoured on presentment — Damages.
"Landlord and Tenant Statute 1864" (No. 192), sec. 90 — Irregularity of notice of application to justices to eject.
Public Health Act (No. 310), secs. 47, 57, 59 — Expense of works on lane set out on private property — Service of notice on owner at the time — Recovery of expenses from subsequent owner.
Landlord and tenant — Lease under seal — Condition for determination by notice — Surrender — Estoppel in pais — Acceptance of new tenants, and of rent from them.
Pounds Act 1874 (No. 478), secs. 14, 33 — Illegal impounding — Burden of proof of exceptions — Unsworn statement of defendant — Statute of Evidence 1864 (No. 197), sec. 44.
Contract — Statute of Frauds — Sale by auctioneer — Bought note not containing warranty announced at sale.
Contract — Condition for increase of price on alteration of tariff affecting the subject matter.
Insurance — Valued policy — Condition negativing total loss, unless cost of repair would exceed declared value.
Executors — Contract of testator — Personal discretion.
Sheriff — Seizure of judgment in another action — Unauthorised sale — Common Law Practice Act 1856, 19 Vic. No. 19, sec. 176.
"Merchant Shipping Act 1854," secs. 19, 107, 109, 257 — Harbouring deserter — Proof that ship is British — British Flag.
Insurance — Forfeiture of claim under policy, if action not brought within three months after rejection of claim.
Executors — Action against testator for wrong committed more than six months before death — "Common Law Procedure Statute 1865" (No. 274), sec. 411.
"The Licensing Act 1876" (No. 566), sec. 111 — "New license" — Transfer of license to another person or to another house — Application of fees.
"Mining Companies Act 1871" (No. 409), secs. 21, 40 — Authority of manager to contract for things necessary for operations of company — Goods sold and delivered — Evidence — Part delivery without acceptance.
Warranty — Implied from sale of specific patented machine — Unfitness for its purpose — Measure of damages.
"Transfer of Land Statute" (No. 301), sec. 49 — Adverse possession — Tenancy previous to mortgage — Ejectment by mortgagee — Demand of possession.
"The Merchant Shipping Act 1854," 17 and 18 Vic., c. 104, secs. 40, 41 — False declaration — New ship built out of materials of old one.
Partnership. — Action by one partner for work done. — Dissolution after instructions, but before work done. — County Court. — Nonjoinder.
"Printers and Newspapers Registration Statute 1864" (No. 212), secs. 11, 12, 19 — Incorporated company as proprietor — Slander in business of newspaper proprietor.
"Common Law Procedure Statute 1865," (No. 274), sec. 221 — Foreign attachment — Appearance and pleading without entering into bond.
Attachment — Non-payment of costs under interlocutory order.
"Instruments and Securities Statute 1864" (No. 204), secs. 56, 63 — Act No. 557, sec. 15 — Bill of sale — Deed of hiring of goods, part of which already belong to hirer — Presumption of transfer requiring registration.
Mining Companies' Limited Liability Act 1864 (No. 228), sec. 15 — Mining Companies Act 1871 (No. 409), secs. 14, 15, 23, 61, 77, 78 — Mining Statute 1865 (No. 291), sec. 244 — Winding up petition — Service of notice after company has ceased to carry on business — Registration of office not cancelled — Certiorari — Meeting of creditors, one person holding two proxies.
Contract for public works — Position of engineer — Improper refusal of final certificate — Collusion with employers — Liability of employer for acts of engineer: suspension of works: inaccurate mode of measurement — Appeal to Privy Council.
Attorney — Admission — Rules of 1872, r. 24 — Posting, at Prothonotary's office and at Supreme Court, of notice of intention to apply.