REGINA v. EDNEY8 VLR (L) 1
Act No. 571, s. 1 — Order to prohibit — Time for application.
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Cases reported in this volume of the Victorian Reports
Act No. 571, s. 1 — Order to prohibit — Time for application.
"The Police Offences Statute 1865" (No. 265), sec. 36 — "The Criminal Law and Practice Statute 1864" (No. 233), sec. 296 — Evidence — Proof of age of offender — Rule to quash, under Act No. 571 — Indecent exposure.
Market — Act No. 11., sec. 6 — Sale in market of sheep elsewhere — Liability to dues.
Act No. 310, s. 47 — Board of Health — Formation of private streets — Apportionment of expense — Notice — Demand of payment.
"Transfer of Land Statute" (No. 301), sec. 115 — Attesting witness — Justice of the peace also manager for the mortgagee.
Obtaining money by false pretences — Valueless title deeds represented as good.
"Police Offences Statute 1865" (No. 265), ss. 15, 56 — Assault — Arrest — "Criminal Law and Practice Statute 1864" (No. 233), s. 34.
Mortgage — Tender of amount due if the title deeds are given up — Action for non-delivery of deeds.
Civil action — Felony — Nonsuit.
Justices of the peace — Summons improperly filled up — Duty of clerk of petty sessions — Costs of quashing.
"The Copyright Act 1869" (No. 350), ss. 3, 6 — "Design" — Iron frame for safe.
"County Court Statute 1869" (No. 345) s. 120 — Appeal — Negligence — Fire.
New trial — Unliquidated damages — Insufficiency of amount awarded — Omission of element on which evidence conflicting.
Evidence — Crime of attempting to carnally abuse a child under ten years of age — Statement extracted from the child by punishment — New trial.
Imprisonment for debt — Fraud summons — Commitment under Act No. 284, s. 3 — Costs.
"Local Government Act 1874" (No. 506), sec. 380 — Negligence — Shire Council — Hole in or near highway — Contributory negligence.
Trespass — Injury by engine containing fire — Pleading — General issue — Practice — Leave to amend — Consequence to other party, of going to trial before amendment.
"The Public Works Statute 1865" (No. 289), ss. 16, 18 — Proof of by-laws — Practice — Act No. 571, sec. 4 — Quashing order — Affidavit that no order drawn up.
"Married Women's Property Act" (No. 384), secs. 4, 18 — Separate property — Presumption from dealings.
"The Land Act 1869" (No. 360), ss. 20 (v.) 21 — Dealing with Allotment after three years of license and before issue of lease — "The Landlord and Tenant Statute 1864" (No. 192), s. 4 — Parol agreement for indefinite time — Occupation and payment of yearly rent to superior landlord at request of immediate landlord — Yearly tenancy.
New trial — Evidence on both sides — Claim against deceased person made after death — Dissatisfaction of judge.
Evidence — "The Bankers' Books Evidence Act 1878" (No. 620) sec. 5 — Notice of intention to adduce copies in evidence — Omission to offer inspection of originals — Originals in another colony — Practice — Rule Nisi — Amendment.
"The Police Offences Statute 1865" (No. 265), sec. 16 (vii.) — Act No. 565, sec. 36 — Conviction — Second offence — Practice — Special case from General Sessions — Rehearing — Costs.
"The Police Offences Statute 1865" (No. 265), sec.18 — Possession of stolen property — Evidence to satisfy justices.
Bill of sale — Assignment — Bargain and sale of goods — Delivery — Recital — Act No. 557, s. 13 — Registration — Renewal.
Libel — Privilege — Fair comment — Public acts of public man — Report of proceedings in court of justice — Hearsay evidence.
Banker and customer — Dishonour of cheque — Damages — Loss of contract not enforceable — Admissibility of evidence.
Negligence — Municipal corporation — Street in course of formation — Contributory negligence — Drunkenness of plaintiff.
Estoppel — Decree in suit for specific performance, dismissing plaint.
"Licensing Act 1876" (No. 566), sec. 48 — Application for transfer of license — Magistrate not bound to hear evidence.
"Police Offences Statute 1865" (No. 265), sec. 17, subs. vii. — Breaking windows without wilfulness — Practice — Costs — Infant applying to prohibit without next friend.
Act No. 571, s. 4 — Justices of the Peace — Statutory order to quash — Determination under "The Master and Apprentice Statute 1864" (No. 193), s. 17.
"County Court Statute 1869" (No. 345), ss. 72, 78 — Decision — Subsequent alteration.
"The Licensing Act 1876" (No. 566), sec. 44 — Proclamation of part of a district for special grant of licenses — Discretion of licensing magistrate.
"Local Government Act 1874" (No. 506), ss. 213, 239 — Municipal by-law — Ultra vires.
Act No. 571, s. 1 — Order to prohibit — Time for application.
"The Justices of the Peace Statute 1865" (No. 267), sec. 88 — Preliminary examination on charge of indictable offence — Power to adjourn for more than eight days — Discretion.
"The Licensing Act 1876" (No. 566), sec. 48 — Grant of certificate for transfer of license — Power of licensing magistrate to revoke — Mandatory order to issue — Magistrate removed from district.
"County Court Statute 1869" (No. 345), ss. 14, 120 — Appeal — Practice — Deposit of amount of judgment and costs — Subsequent withdrawal of part of amount — Appeal case signed by judge who did not try the action — Practice-at-Law — Motion on notice.
"The Pounds Act 1874" (No. 478), ss. 23, 28, 29 — Order for damages for illegally impounding — No notice to poundkeeper before complaint — Refusal of poundkeeper to deliver cattle — Illegal detention — Practice — Rule to prohibit — Production of copy of minute of order.
Arbitration — Damages — Costs — Referring back award.
"The Police Offences Statute 1865" (No. 265), sec. 32 — Illegal detention — Order of justices — Power to amend — Costs.
Attorney — Bill of costs — Order to deliver several years after payment — Appeal to Privy Council — Practice at law — Summons under emergency clause — Right to begin.
Attorney — Right of town agent to lien on client's money to same extent as that of country attorney — Delay of client in settling accounts — Death of country attorney — Reference to prothonotary to take accounts.
"The Melbourne Harbour Trust Act 1876" (No. 552), sec. 46 — Action against Commissioners for negligence — Notice of action — Force of "headings" of Parts into which the Act divides itself.
"The Administration Act 1872" (No. 427), ss. 26, 28 — Administration bond — Action against surety — Breach — Damages — Costs.
Act No. 571, s. 1 — Order to prohibit — Time for application.
"The Licensing Act 1876" (No. 566), s. 48 — Publican's license for premises, belonging to two different owners — Eviction of tenant from part of premises by owner of such part — Application by such owner for transfer of license to him.
"Local Government Act 1874" (No. 506), sec. 398 — Removing drift sand from street — Prohibition.
Jurisdiction — General Sessions — Unlawfully and indecently assaulting girl under twelve years of age — "The Criminal Law and Practice Statute 1864" (No. 233), secs. 48, 390 — Act No. 502, sec. 15, subsec. xiii. — Criminal trial — Objection after verdict recorded — New trial in Supreme Court.
"The Mining Companies Act 1871" (No. 409), sec. 14 — Service of process on company — Registered letter.
Award — Amendment — Costs of first and second award — Reference of cause — Power of parties to vary terms of reference — Costs — Discretion of taxing officer — Costs of making order of reference a rule of Court — Attendance of counsel — Witnesses' travelling expenses.
"Local Government Act 1874" (No. 506), sec. 519 — Dismissal of officer — Dispute — Mandamus.
Estoppel — Judgment in County Court — Admissibility of evidence to show grounds given for decision.
"Local Government Act 1874" (No. 506), ss. 71, 122 — Municipal election — Irregularity — Polling-booth not kept open throughout prescribed hours — Ouster.
"The Lands Compensation Statute 1869" (No. 344), sec. 36 — "Easement" — Offer to owner of land, of easement not ejusdem generis with other words used in sec. 36 — Admissibility at the inquiry, of evidence of such offer, and of damage done to subject of such easement — New trial.
Negligence — Municipal Council — Hole in public road — Nuisance — Contributory negligence.
Justices of the peace — Rule to quash under Act No. 571, sec. 4 — Order — Adjudication under "The Fences Statute 1874" (No. 479), sec. 8.
"Friendly Societies Act 1877" (No. 590) sec. 15, subsec. viii — Withholding property of society — Case launched by proof of withholding.
Malicious prosecution — Reasonable and probable cause — Misdirection.
"County Court Statute 1869" (No. 345), s. 54 — Trover — Payment into Court, without costs — How far admission of cause of action — County Court Rules 1881, r. 61, 62, 116 — Indefinite plaint with particulars annexed.
Negligence — Carrier of passengers — Break-down of coach from unexplained cause — Burden of proof — Res ipsa loquitur — Breach of statutory regulation as to number of passengers.
"Mining Statute 1865" (No. 291), s. 5 — Residence area — Right to remove buildings after termination of right to possession.
Bill of sale — Act No. 557, ss. 15, 16 — Untrue statement of consideration in contract filed — Practice County Court — County Court Rules 1881, r. 157 — Departure from defence stated, without leave of Court.
Trespass — Injury done by animal trespassing, to child driving it off as agent of owner of land.
"The Pawnbrokers Statute 1865" (No. 248), sec. 5 — Construction, "It shall be lawful" — Application for license — Mandamus — Practice at law — Emergency clause (15 Vict. No. 10, sec. 19) — Filing order of judge on application to set aside.
"Bakers and Millers Statute 1865" (No. 243), sec. 11. — Master and servant.
"The Justices of the Peace Statute 1865" (No. 267), sec. 152 — Refusal to state case — Postponement of certificate of refusal — Mandatory order — Costs.
Ejectment — Demand of possession — Tenancy at will — Mere occupancy with knowledge of owner — Practice at law — Ejectment — Inclusion of two pieces of land under two titles in one writ — "Common Law Procedure Statute 1865" (No. 274), s. 120.
Negligence — Shire Council — Obstruction to road — "Local Government Act 1874" (No. 506), secs. 380, 381, 385.
Evidence — Charge of carnally abusing child — Admissibility of statement of child in answer to questions.
Act No. 571, s. 1 — Order to prohibit — Time for application.
"Married Women's Property Act" (No. 384), secs. 5, 18 — Married woman — Lease — Forfeiture — Presumption as to savings and earnings — Appeal to Privy Council — Terms.
"Local Government Act 1874" (No. 506), s. 446 — Act No. 688 — Reservoir — Water-works — Consent of Governor-in-Council.
"Fugitive Offenders Act 1881," sec. 5 (44 & 45 Vic., c. 69, sec. 5) — Sufficiency of warrant — General statement of competence of inferior court on whose proceedings the offence arose.
Will — Devise durante viduitate — Fee simple determinable on remarriage.
"Local Government Act 1874" (No. 506), secs. 253, 265 — Rating value — Auriferous land — Mine.
Ejectment — Estoppel — Answer in Equity — Admission — Statute of Limitations — Adverse possession — Admissions after lapse of statutory period.
"Local Government Act 1874" (No. 506), secs. 169, 392 — Contract — Municipality — Erection of bridge at common boundary — Authority to contract — Ratification.
"Transfer of Land Statute" (No. 301) — secs. 27, 146 — Action against assurance fund — Omission of Registrar to indorse signed memo. that land had been brought under the Act — Loss to plaintiff through lending money on mortgage of land as under general law after it had been disposed of under the Act.
Malicious prosecution — Evidence.
"The Lands Compensation Statute 1869" (No. 344), sec. 35 — Enhancement in value by construction of railway — Adjoining land.
Master and servant — Liability of master for injuries sustained by servant through negligence of competent foreman.