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9 VLR (L)(101 results)

Cases reported in this volume of the Victorian Reports

REGINA v. DIXON9 VLR (L) 2

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·28 Mar 1883·Supreme Court of Victoria, at Law

"The Justices of the Peace Statute 1865" (No. 267), s. 152Refusal to state case — "Frivolous" application — Costs.

REGINA v. CROTTY9 VLR (L) 6

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·30 Mar 1883·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), ss. 26, 63Conviction omitting alternative of imprisonment.

OSBALDISTON v. THE LICENSING JUSTICES AT WANGARATTA9 VLR (L) 9

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·2 Apr 1883·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), s. 18New license — Premises licensed at the passing of the Act — Lapse of license subsequently.

DE MESTRE v. SYME9 VLR (L) 10

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·2 Apr 1883·Supreme Court of Victoria, at Law

LibelPrivilege — Imputation of dishonesty — Fair comment — Question for jury.

REGINA v. O’FLAHERTY9 VLR (L) 14

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·2 Apr 1883·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), s. 8Obstructing street by exposing goods for sale — Forfeiture of goods before conviction — Authority of justices to effect the forfeiture — Act No. 22, sec. 8.

REGINA v. ALLEY9 VLR (L) 19

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·2 Apr 1883·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), s. 36Publican's license — Fitness of applicant — Mandamus — Costs.

REGINA v. COOKSON9 VLR (L) 23

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·2 Apr 1883·Supreme Court of Victoria, at Law

Fraud summonsCondition precedent — Service of copy of original order for payment — Waiver.

MOYLE v. GIBBS9 VLR (L) 26

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·3 Apr 1883·Supreme Court of Victoria, at Law

Dower"Transfer of Land Statute" (No. 301), ss. 66, 149 — Act No.353, ss. 6, 9 — Action against assurance fund — Limitation of action.

BLISS v. WITHERS9 VLR (L) 32

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·3 Apr 1883·Supreme Court of Victoria, at Law

AuctioneerRight to commission — Sale effected by owner.

DRON v. THE QUEEN9 VLR (L) 33

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·5 Apr 1883·Supreme Court of Victoria, at Law

Telegraphic messageLiability of Crown for non-transmission — "The Post Office Amendment Act 1873" (No. 455), secs. 18, 37.

BOSSENCE v. THE PRESIDENT &c. OF SHIRE OF KILMORE9 VLR (L) 35

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·6 Apr 1883·Supreme Court of Victoria, at Law

VegligenceShire council — "Local Government Act 1874" (No. 506), sec. 385 — Employment of independent contractor — Shire councillors — Fellow servants.

REGINA v. HARE9 VLR (L) 38

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·6 Apr 1883·Supreme Court of Victoria, at Law

Landlord and tenantUse and occupation — Dispute of landlord's title — Unauthorised occupation of Crown lands — "The Land Act 1869" (No. 360), secs. 4, 93.

BEATH v. ANDERSON9 VLR (L) 41

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·6 Apr 1883·Supreme Court of Victoria, at Law

SheriffDuty to sell under all writs in his hands — "Transfer of Land Statute" (No. 301), sec. 106.

REGINA v. GRIFFITHS9 VLR (L) 45

PER CURIAM STAWELL, C.J.; WILLIAMS and HOLROYD, JJ. .·9 Apr 1883·Supreme Court of Victoria, at Law

"Crown Remedies and Liability Statute 1865" (No. 241), ss. 5, 6, 16, 17"Insolvency Statute 1871" (No. 379) — Estreated recognisance — Insolvency of debtor — Judgment.

TAYLOR v. PLUMPTON9 VLR (L) 48

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·9 Apr 1883·Supreme Court of Victoria, at Law

Practice at LawFraud summons — Order wrongly drawn up — Amendment — Consent.

FATTORINI v. CLEMENCE9 VLR (L) 51

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·13 Apr 1883·Supreme Court of Victoria, at Law

ChequeConsideration — Promise to sign an agreement — Refusal to sign — Action on cheque.

REGINA v. TRENCH9 VLR (L) 55

STAWELL, C.J., and WILLIAMS, J.·13 Apr 1883·Supreme Court of Victoria, at Law

"The Justices of the Peace Statute 1865" (No. 267), sec. 107Dismissal of complaint — Certificate of dismissal — Estoppel.

REGINA v. ALLEY9 VLR (L) 59

The Court differing in opinion, the following judgments were delivered·27 Apr 1883·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), sec. 17, viiInjury to property.

BAILEY v. HART9 VLR (L) 66

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·4 May 1883·Supreme Court of Victoria, at Law

Building contractArchitect — Power to determine contract — False imprisonment — "The Police Offences Statute 1865" (No. 265), sec. 17, vi — Wilful trespass — Supposition of right — Tort — Damages — New trial.

REGINA v. DOWLING9 VLR (L) 79

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·26 June 1883·Supreme Court of Victoria, at Law

EvidenceWritten communications between prisoner and his wife, produced by third person — "The Statute of Evidence 1864" (No. 197), sec. 46.

REYNOLDS v. REYNOLDS9 VLR (L) 82

The Court, following Perkin v. O’Toole 1 V.R., L. 81; 1 A.J.R. 78. , held that the recognisance should have been for 20l., and not for either a lesser or a larger amount, and dismissed the appeal.·26 June 1883·Supreme Court of Victoria, at Law

"The Justices of the Peace Statute 1865" (No. 267), sec. 151Recognisance too large — Order for arrears of maintenance of wife.

HUME v. DODGSHUN9 VLR (L) 83

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·27 June 1883·Supreme Court of Victoria, at Law

Landlord and tenantForfeiture — Ejectment — Covenant not to part with possession without consent — Overholding of sub-tenant after expiration of permitted subtenancy — Mesne profits — "C.L.P. Stat. 1865" (No. 274), s. 181.

THE NATIONAL LAND CO. LTD. v. THE COMPTROLLER OF STAMPS9 VLR (L) 87

STAWELL, C.J.·27 June 1883·Supreme Court of Victoria, at Law

"The Stamp Duties Act 1879" (No. 645), s. 68Sale of land — Resale of portion and payment of duty upon transfer direct from vendor to sub-purchaser — Duty payable on transfer of residue to original purchaser.

M’LEAN v. THE LIVERPOOL ASSOCIATION9 VLR (L) 93

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·27 June 1883·Supreme Court of Victoria, at Law

ShipGeneral average — Protracted adjustment — Right of consignee to delivery of goods, on execution of average bond.

SHAW v. HOWDEN9 VLR (L) 102

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·27 June 1883·Supreme Court of Victoria, at Law

Customs duties"The Duties of Customs Act 1879" (No. 646) — Watches — Importation in parts — Watchmakers' materials — Tax.

HARKER v. M’GEORGE9 VLR (L) 104

STAWELL, C.J., and WILLIAMS, J.·28 June 1883·Supreme Court of Victoria, at Law

"Common Law Procedure Statute 1865" (No. 274), sec. 377Misjoinder of defendant — Amendment.

REGINA v. GASCOIGNE9 VLR (L) 108

STAWELL, C.J., and WILLIAMS, J.·28 June 1883·Supreme Court of Victoria, at Law

Justices of the PeaceJurisdiction — Defendant irregularly brought before them — Objection not taken at the time.

FERGUSON v. SPARLING9 VLR (L) 111

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·28 June 1883·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 78Nonsuit against will of plaintiff.

REGINA v. SMITH9 VLR (L) 112

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·29 June 1883·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), secs. 31, 34Husband and wife — Order for maintenance — Fixed period — Variance between minute and order drawn up.

REGINA v. TURNLEY9 VLR (L) 114

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·29 June 1883·Supreme Court of Victoria, at Law

"The Justices of the Peace Statute 1865" (No. 267), sec. 73Several acts charged in one summons — One offence — "Masters and Servants Statute 1864" (No. 198), sec. 11 — Disobedience.

STEWART v. BERRYMAN9 VLR (L) 116

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·29 June 1883·Supreme Court of Victoria, at Law

"The Regulation of Mines Statute 1877" (No. 583), sec. 6, subs. x, xviMine — Signalling in shaft — Safety appliance for cage — Manager — Respondeat superior.

REGINA v. KOCH9 VLR (L) 121

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·3 July 1883·Supreme Court of Victoria, at Law

"The Justices of the Peace Statute 1865" (No. 267), sec. 67Conviction in absence of defendant — Distress without service of minute of conviction.

MEURY v. THE MAYOR &c. OF DAYLESFORD9 VLR (L) 123

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·3 July 1883·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), sec. 418Dangerous hole or place near highway — Question for Court.

CLARKE v. PITCHER9 VLR (L) 128

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·3 July 1883·Supreme Court of Victoria, at Law

Gold mining on private propertyLease — Pleading — Illegality.

REGINA v. CARROLL9 VLR (L) 134

PER CURIAM STAWELL, C.J.; WILLIAMS and HOLROYD, JJ. .·3 July 1883·Supreme Court of Victoria, at Law

Practice at lawRule to quash — Act No. 571, sec. 4 — Verification of copy of order served, before applying to quash.

DALE v. WILLIAM M’CULLOCH & CO., LIMITED9 VLR (L) 136

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·3 July 1883·Supreme Court of Victoria, at Law

Master and servantContract — Hiring by parol — Statute of Frauds — Variation in writing during term of service — Variance — Amendment — New trial.

JAMES v. DAVIES9 VLR (L) 140

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·3 July 1883·Supreme Court of Victoria, at Law

Practice at law"Common Law Procedure Statute 1866" (No. 274), sec. 277 — Interrogatories — Seeking information already possessed.

IN RE FEIGL9 VLR (L) 143

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·4 July 1883·Supreme Court of Victoria, at Law

Contempt of CourtPublication of ex parte statements in interlocutory proceedings, with comments.

STORY v. MADDERS9 VLR (L) 150

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·5 July 1883·Supreme Court of Victoria, at Law

Landlord and tenantNotice to quit — "On or before" the last day of the term.

REGINA v. CHURCH9 VLR (L) 153

STAWELL, C.J., and HOLROYD, J.·5 July 1883·Supreme Court of Victoria, at Law

EmbezzlementMoneys paid into and drawn out of account opened in bank by employer, for prisoner to operate upon in employer's business.

MURRAY v. DABB9 VLR (L) 156

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·5 July 1883·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), s. 120County Court Rules 1881, Form 44 — Appeal — Notice.

GRIFFITH v. CLANCEY9 VLR (L) 161

PER CURIAM STAWELL, C.J., and HOLROYD, J. .·7 July 1883·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 120Appeal — Practice — No security given for untaxed costs.

NOTT v. ROBERTSON9 VLR (L) 163

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·11 July 1883·Supreme Court of Victoria, at Law

Pleading at lawPlea puis darrein continuance — Adding plea after verdict.

IN RE WELSH9 VLR (L) 166

PER CURIAM STAWELL, C.J., WILLIAMS and HOLROYD, JJ. .·11 July 1883·Supreme Court of Victoria, at Law

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 39Order of maintenance — Enforcement — Costs.

THE COLONIAL BANK OF AUSTRALASIA v. THE BEACONSFIELD G. M. CO. LIMITED9 VLR (L) 168

STAWELL, C.J., and WILLIAMS, J.·11 July 1883·Supreme Court of Victoria, at Law

SheriffCharge for executing warrant — Mileage one way — "Common Law Procedure Statute 1865" (No. 274), Schedule 35 — Rule to refund — Money paid into general revenue.

AH KANG v. THE AUSTRALASIAN STEAM NAVIGATION CO.9 VLR (L) 171

STAWELL, C.J., and WILLIAMS, J.·11 July 1883·Supreme Court of Victoria, at Law

Bill of ladingExceptions — Default of master in navigating the ship "or under any other circumstances" — Ejusdem generis — Restraint of princes.

REGINA v. MILLER9 VLR (L) 177

PER CURIAM STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ. .·3 Sept 1883·Supreme Court of Victoria, at Law

Order of JusticesOrder to quash.

SMITH v. STARLING9 VLR (L) 178

PER CURIAM STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ. .·3 Sept 1883·Supreme Court of Victoria, at Law

WarrantyGood title — Sale.

FULLARTON v. THE QUEEN9 VLR (L) 181

STAWELL, C.J., and HOLROYD, J.·4 Sept 1883·Supreme Court of Victoria, at Law

Civil ServiceCompensation where services dispensed with by change in department — Act No. 160, s.16 — "The Melbourne Harbour Trust Act 1876" (No. 552), s. 40.

REGINA v. TOPE9 VLR (L) 187

PER CURIAM STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ. .·5 Sept 1883·Supreme Court of Victoria, at Law

QuashingAct No. 571, sec. 4 — Imprisonment for debt — Warrant of commitment on fraud summons, under Act No. 284, sec. 5.

REGINA v. CARR9 VLR (L) 188

PER CURIAM STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ. .·5 Sept 1883·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), sec. 26Act No. 630, sec. 1 — Public place — Open bar of public-house — Evidence.

REGINA v. BURNS9 VLR (L) 191

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·6 Sept 1883·Supreme Court of Victoria, at Law

PracticeCriminal trial — Power of Judge to set aside juror — Wrongful admission of evidence.

FRAWLEY v. EWING9 VLR (L) 197

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·10 Sept 1883·Supreme Court of Victoria, at Law

PleadingDeparture — Certificate of title — Fraud.

REGINA v. SHAW9 VLR (L) 201

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·10 Sept 1883·Supreme Court of Victoria, at Law

"Medical Practitioners Statute 1865" (No. 262), s. 12Evidence — Medical practitioner — Recovery of fees — Prohibition — Objection not taken at proper time.

REGINA v. SHUTER9 VLR (L) 204

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·10 Sept 1883·Supreme Court of Victoria, at Law

"The Police Offences Statute 1865" (No. 265), sec. 16 (vii)Allowing cattle to wander in streets — Wilfulness — Prohibition — Act No. 571, sec. 2.

THE BAW BAW SLUICING COMPANY LIMITED v. NICHOLLS9 VLR (L) 208

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·12 Sept 1883·Supreme Court of Victoria, at Law

Mining companySale of property — Authority of directors — Extraordinary meeting — Water-race license — Notice of transfer.

DANIELL v. ROBOTHAM9 VLR (L) 215

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·15 Sept 1883·Supreme Court of Victoria, at Law

"The Criminal Law and Practice Statute 1864" (No. 233), sec. 178Amending Act No. 399, sec. 23 — Maliciously destroying fence — Bon fide claim of title — Reversing previous decision.

SMITH v. HOPE9 VLR (L) 217

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·17 Sept 1883·Supreme Court of Victoria, at Law

Married womanSeparate property — "Married Women's Property Act" (No. 384), sec. 5 — "Savings" — Husband and wife — Mortgage — Consideration — 13 Eliz. c. 5.

FOWLER v. MACKENZIE9 VLR (L) 231

PER CURIAM STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ. .·17 Sept 1883·Supreme Court of Victoria, at Law

Practice at lawClaim of injunction — "Common Law Procedure Statute 1865" (No. 274), ss. 240, 242 — Motion on notice for Rule absolute in first instance — Statement of grounds.

HARRIMAN v. PURCHES9 VLR (L) 234

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·17 Sept 1883·Supreme Court of Victoria, at Law

"The Companies Statute 1864" (No. 190), sec. 45Promissory note — Directors — Personal liability — "The Stamp Duties Act 1879" (No. 645), sec. 47 — Cancellation of stamp.

STEWART v. THE BANK OF AUSTRALASIA9 VLR (L) 240

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·20 Sept 1883·Supreme Court of Victoria, at Law

Banker and CustomerDishonour of cheque.

BISP v. THE MAYOR &c. OF COLLINGWOOD9 VLR (L) 249

STAWELL, C.J., HOLROYD and HIGINBOTHAM, JJ.·2 Oct 1883·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506) s. 418Dangerous place near a road — Crown land — Crown not bound.

DAVEY v. THE BANK OF NEW SOUTH WALES9 VLR (L) 252

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·2 Oct 1883·Supreme Court of Victoria, at Law

"The Landlord and Tenant Statute 1864" (No. 192), ss. 81, 84Distress — Sale — Purchase by landlord — Sequestration of estate of tenant — "Insolvency Statute 1871" (No. 379), sec. 108 — Lien for three months' rent — Subsequent sale by landlord — Trover — Measure of damages.

BOYLE v. THE PRESIDENT &c. OF SHIRE OF MORNINGTON9 VLR (L) 265

HOLROYD, J.·2 Oct 1883·Supreme Court of Victoria, at Law

NegligencePublic highway — Nuisance — Contributory negligence — "Local Government Act 1874," s. 380.

NICOL v. BRASHER9 VLR (L) 270

STAWELL, C.J., HOLROYD and HIGINBOTHAM, JJ.·2 Oct 1883·Supreme Court of Victoria, at Law

"The Landlord and Tenant Statute 1864" (No. 192), ss. 72, 84, 87Warrant of distress — Signature by landlord — Seizure for rent and what is not rent, in one sum — Trespass — Excessive distress — Damages.

RANKIN v. DANBY9 VLR (L) 278

STAWELL, C.J., HOLROYD and HIGINBOTHAM, JJ.·2 Oct 1883·Supreme Court of Victoria, at Law

Landlord and tenantCovenants running with the land.

TURNBULL v. KELLY9 VLR (L) 284

PER CURIAM STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ. .·3 Oct 1883·Supreme Court of Victoria, at Law

"The Land Act 1869" (No. 360), secs. 47, 94Removing loam from Crown lands without license.

IN RE "THE TRANSFER OF LAND STATUTE"9 VLR (L) 286

STAWELL, C.J., HIGINBOTHAM and HOLROYD, JJ.·3 Oct 1883·Supreme Court of Victoria, at Law

ParcelsOriginal Crown allotment — Surplus area — Application to bring land under the "Transfer of Land Statute" — Evidence — Adjustment certificate.

REGINA v. COPE9 VLR (L) 294

STAWELL, C.J., and HOLROYD, J.·13 Oct 1883·Supreme Court of Victoria, at Law

"County Court Statute 1869" (No. 345), sec. 77Jurisdiction — County Court — Set-off — Costs.

REGINA v. SHELLEY9 VLR (L) 297

HOLROYD, J.·23 Oct 1883·Supreme Court of Victoria, at Law

Imprisonment for debtFraud summons — Act No. 284, sec. 9 — Examination of debtor not taken in writing.

REGINA v. ALLEY9 VLR (L) 302

HOLROYD, J.·23 Oct 1883·Supreme Court of Victoria, at Law

"The Licensing Act 1876" (No. 566), secs. 38, 47Renewal of license — Jurisdiction of justices — Error of justices on facts on which jurisdiction rests.

GRIFFITH v. VICTORIAN PERMANENT BUILDING SOCIETY9 VLR (L) 304

HOLROYD, J.·23 Oct 1883·Supreme Court of Victoria, at Law

PracticeInterrogatories — Co-plaintiff.

IN RE ROWLEY9 VLR (L) 307

HOLROYD, J.·23 Oct 1883·Supreme Court of Victoria, at Law

"The Trade Marks Registration Act 1876" (No. 539), sec. 7Rectification of register.

IN RE BAILEY9 VLR (L) 311

STAWELL, C.J., and WILLIAMS and HOLROYD, JJ.·9 Nov 1883·Supreme Court of Victoria, at Law

AwardBuilding contract — Costs — Amount severable — Umpire — Authority to appoint — Misconduct — Partiality — Refusal to state case on point of law.

SARTORI v. LABY9 VLR (L) 329

HOLROYD, J.·5 Nov 1883·Supreme Court of Victoria, at Law

"Insolvency Statute 1871" (No. 379), sec. 73Uncertificated insolvent — After-acquired property.

IN RE ENO’S TRADE MARK9 VLR (L) 335

STAWELL, C.J., WILLIAMS and HOLROYD, JJ.·6 July 1883·Supreme Court of Victoria, at Law

"The Trade Marks Registration Act 1876" (No. 539) sec. 8Trade mark — Similarity — Refusal of registrar to register trade mark or to state case for Court — Practice — Rule nisi.

THE EUREKA EXTENDED CO., NO LIABILITY v. ALLEN9 VLR (L) 341

STAWELL, C.J. and WILLIAMS, J.·22 Nov 1883·Supreme Court of Victoria, at Law

"The Regulation of Mines Statute 1877" (No. 583), ss. 6, 12Negligence — Mining accident — Contributory negligence.

WILLIAMSON v. MITCHELL9 VLR (L) 343

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·26 Nov 1883·Supreme Court of Victoria, at Law

ContractInterpretation — Delivery at one place to pass inspection at another.

BIRMINGHAM v. THE PRESIDENT &c. OF THE SHIRE OF BERWICK9 VLR (L) 344

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·26 Nov 1883·Supreme Court of Victoria, at Law

NegligenceShire Council — Posts placed on road for protection of the public — Nuisance — Practice — Sending case to jury as put by the parties at the trial.

HYNES v. THE PRESIDENT &c. OF SHIRE OF BROADFORD9 VLR (L) 346

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·27 Nov 1883·Supreme Court of Victoria, at Law

NegligenceShire Council — Unfenced embankment — Contributory negligence.

THE MAYOR &c. OF RICHMOND v. EDWARDS9 VLR (L) 348

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·27 Nov 1883·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), s. 169Contract — Alterations or deviations.

THE MAYOR &c. OF EMERALD HILL v. FORD9 VLR (L) 351

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·27 Nov 1883·Supreme Court of Victoria, at Law

NegligenceMunicipal Council — Hole in street — Opportunity of knowledge of danger.

LEWIS v. GREEN9 VLR (L) 354

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·28 Nov 1883·Supreme Court of Victoria, at Law

"The Pounds Act 1874" (No. 478), s. 15Owner — Manager of station.

BURKE v. THE BOARD OF LAND AND WORKS9 VLR (L) 356

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·1 Dec 1883·Supreme Court of Victoria, at Law

NegligenceRailway station — Deposit of articles upon platform.

GODDARD v. THE TASMANIAN S. N. CO.9 VLR (L) 360

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·1 Dec 1883·Supreme Court of Victoria, at Law

NegligenceShipowners — Power of agent to render them liable for carriage of goods after landing them.

IN RE SMYTH9 VLR (L) 363

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·3 Dec 1883·Supreme Court of Victoria, at Law

"Fugitive Offenders Act 1881" (44 & 45 Vict. c. 69)Fugitive — Illness of prisoner — Extradition.

RENNICK v. RICHES9 VLR (L) 366

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·5 Dec 1883·Supreme Court of Victoria, at Law

Statute of FraudsContract in writing — Assignment in writing not executed by defendant — Subsequent dealings on its terms, and letters treating contract as binding.

REGINA v. HARRY9 VLR (L) 369

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·6 Dec 1883·Supreme Court of Victoria, at Law

LarcenyPicking up money — Statement of prisoner — Money not identified.

ALLAN v. GOTCH9 VLR (L) 371

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·7 Dec 1883·Supreme Court of Victoria, at Law

DeceitCompany — Prospectus — Misrepresentation — Moral turpitude — Onus probandi.

ROSEL v. STEPHENS9 VLR (L) 379

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·7 Dec 1883·Supreme Court of Victoria, at Law

Act No. 557, sec. 15Bill of sale — Contract in writing of absolute sale — Contemporaneous parol understanding for redemption.

THE MOUNT BROWN G. M. CO. LTD. v. HUGHES9 VLR (L) 383

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·7 Dec 1883·Supreme Court of Victoria, at Law

"The Companies Statute 1864" (No. 190), Sched. 2, Table A, r. 4Notice of call — Promise to pay.

ROBINSON v. HIGHETT9 VLR (L) 384

PER CURIAM STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ. .·8 Dec 1883·Supreme Court of Victoria, at Law

"County Court Statute 1869"Payment into court generally — Admission of whole cause of action.

CUVET v. DAVIS9 VLR (L) 390

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·8 Dec 1883·Supreme Court of Victoria, at Law

EasementExtinction by unity of possession — Revivor by words of description in deed of conveyance — Registration — Memorial — Cestui que trust in possession — Right to sue a stranger for trespass.

WARREN v. SWISS LLOYD’S INSURANCE CO.9 VLR (L) 397

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·13 Dec 1883·Supreme Court of Victoria, at Law

Horses, and fodder for them, were insured in one policy. During the voyage the horses were jettisoned.

MOORE v. HALFEY9 VLR (L) 400

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·13 Dec 1883·Supreme Court of Victoria, at Law

A receipt given by an agent of a Fire Insurance Company for a renewal premium contained the following condition:"This temporary receipt has the full force of the company's policy (and is subject to its conditions) for fourteen days only from date of issue, but on expiry of that time none other than the head office receipt will be acknowledged by the company."

REGINA v. SMITH9 VLR (L) 404

HOLROYD, J.·18 Dec 1883·Supreme Court of Victoria, at Law

"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), ss. 2, 7, 12, 13, 24Probate duty — Personalty in Victoria of person domiciled abroad — Acceptance of duty — Finality of Master's certificate.

IN RE THE "TRANSFER OF LAND STATUTE"9 VLR (L) 417

HOLROYD, J.·18 Dec 1883·Supreme Court of Victoria, at Law

"Transfer of Land Statute" (No. 301), sec. 132Delivery of certificate for cancellation — Issue of certificate on incorrect representation.

SHERIDAN v. THE BOARD OF LAND AND WORKS9 VLR (L) 421

STAWELL, C.J., WILLIAMS and HIGINBOTHAM, JJ.·18 Dec 1883·Supreme Court of Victoria, at Law

CarrierRailway — Crane allowed to be used by persons bringing goods for carriage — Liability for defective condition.

O’CONNOR v. THE MAYOR &c. OF HOTHAM9 VLR (L) 435

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·18 Dec 1883·Supreme Court of Victoria, at Law

"Local Government Act 1874" (No. 506), secs. 376, 380Dangerous condition of street — Injury to plaintiff — Reasonable time for council to ascertain danger and to remedy it, before accident.

HARDING v. THE BOARD OF LAND AND WORKS9 VLR (L) 448

STAWELL, C.J., HIGINBOTHAM and WILLIAMS, JJ.·18 Dec 1883·Supreme Court of Victoria, at Law

"The Lands Compensation Statute 1869" (No. 344), s. 35Land compulsorily taken — Compensation — Enchancement in value of adjoining land.

BEAVER v. THE JUSTICES OF WILLIAMSTOWN9 VLR (L) 454

STAWELL, C.J., and HIGINBOTHAM, J.·21 Dec 1883·Supreme Court of Victoria, at Law

Port of MelbourneHarbour regulations.