REGINA v. DIXON9 VLR (L) 2
"The Justices of the Peace Statute 1865" (No. 267), s. 152 — Refusal to state case — "Frivolous" application — Costs.
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Cases reported in this volume of the Victorian Reports
"The Justices of the Peace Statute 1865" (No. 267), s. 152 — Refusal to state case — "Frivolous" application — Costs.
"The Police Offences Statute 1865" (No. 265), ss. 26, 63 — Conviction omitting alternative of imprisonment.
"The Licensing Act 1876" (No. 566), s. 18 — New license — Premises licensed at the passing of the Act — Lapse of license subsequently.
Libel — Privilege — Imputation of dishonesty — Fair comment — Question for jury.
"The Police Offences Statute 1865" (No. 265), s. 8 — Obstructing street by exposing goods for sale — Forfeiture of goods before conviction — Authority of justices to effect the forfeiture — Act No. 22, sec. 8.
"The Licensing Act 1876" (No. 566), s. 36 — Publican's license — Fitness of applicant — Mandamus — Costs.
Fraud summons — Condition precedent — Service of copy of original order for payment — Waiver.
Dower — "Transfer of Land Statute" (No. 301), ss. 66, 149 — Act No.353, ss. 6, 9 — Action against assurance fund — Limitation of action.
Auctioneer — Right to commission — Sale effected by owner.
Telegraphic message — Liability of Crown for non-transmission — "The Post Office Amendment Act 1873" (No. 455), secs. 18, 37.
Vegligence — Shire council — "Local Government Act 1874" (No. 506), sec. 385 — Employment of independent contractor — Shire councillors — Fellow servants.
Landlord and tenant — Use and occupation — Dispute of landlord's title — Unauthorised occupation of Crown lands — "The Land Act 1869" (No. 360), secs. 4, 93.
Sheriff — Duty to sell under all writs in his hands — "Transfer of Land Statute" (No. 301), sec. 106.
"Crown Remedies and Liability Statute 1865" (No. 241), ss. 5, 6, 16, 17 — "Insolvency Statute 1871" (No. 379) — Estreated recognisance — Insolvency of debtor — Judgment.
Practice at Law — Fraud summons — Order wrongly drawn up — Amendment — Consent.
Cheque — Consideration — Promise to sign an agreement — Refusal to sign — Action on cheque.
"The Justices of the Peace Statute 1865" (No. 267), sec. 107 — Dismissal of complaint — Certificate of dismissal — Estoppel.
"The Police Offences Statute 1865" (No. 265), sec. 17, vii — Injury to property.
Building contract — Architect — 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.
Evidence — Written communications between prisoner and his wife, produced by third person — "The Statute of Evidence 1864" (No. 197), sec. 46.
"The Justices of the Peace Statute 1865" (No. 267), sec. 151 — Recognisance too large — Order for arrears of maintenance of wife.
Landlord and tenant — Forfeiture — 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 Stamp Duties Act 1879" (No. 645), s. 68 — Sale 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.
Ship — General average — Protracted adjustment — Right of consignee to delivery of goods, on execution of average bond.
Customs duties — "The Duties of Customs Act 1879" (No. 646) — Watches — Importation in parts — Watchmakers' materials — Tax.
"Common Law Procedure Statute 1865" (No. 274), sec. 377 — Misjoinder of defendant — Amendment.
Justices of the Peace — Jurisdiction — Defendant irregularly brought before them — Objection not taken at the time.
"County Court Statute 1869" (No. 345), sec. 78 — Nonsuit against will of plaintiff.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), secs. 31, 34 — Husband and wife — Order for maintenance — Fixed period — Variance between minute and order drawn up.
"The Justices of the Peace Statute 1865" (No. 267), sec. 73 — Several acts charged in one summons — One offence — "Masters and Servants Statute 1864" (No. 198), sec. 11 — Disobedience.
"The Regulation of Mines Statute 1877" (No. 583), sec. 6, subs. x, xvi — Mine — Signalling in shaft — Safety appliance for cage — Manager — Respondeat superior.
"The Justices of the Peace Statute 1865" (No. 267), sec. 67 — Conviction in absence of defendant — Distress without service of minute of conviction.
"Local Government Act 1874" (No. 506), sec. 418 — Dangerous hole or place near highway — Question for Court.
Gold mining on private property — Lease — Pleading — Illegality.
Practice at law — Rule to quash — Act No. 571, sec. 4 — Verification of copy of order served, before applying to quash.
Master and servant — Contract — Hiring by parol — Statute of Frauds — Variation in writing during term of service — Variance — Amendment — New trial.
Practice at law — "Common Law Procedure Statute 1866" (No. 274), sec. 277 — Interrogatories — Seeking information already possessed.
Contempt of Court — Publication of ex parte statements in interlocutory proceedings, with comments.
Landlord and tenant — Notice to quit — "On or before" the last day of the term.
Embezzlement — Moneys paid into and drawn out of account opened in bank by employer, for prisoner to operate upon in employer's business.
"County Court Statute 1869" (No. 345), s. 120 — County Court Rules 1881, Form 44 — Appeal — Notice.
"County Court Statute 1869" (No. 345), sec. 120 — Appeal — Practice — No security given for untaxed costs.
Pleading at law — Plea puis darrein continuance — Adding plea after verdict.
"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 39 — Order of maintenance — Enforcement — Costs.
Sheriff — Charge for executing warrant — Mileage one way — "Common Law Procedure Statute 1865" (No. 274), Schedule 35 — Rule to refund — Money paid into general revenue.
Bill of lading — Exceptions — Default of master in navigating the ship "or under any other circumstances" — Ejusdem generis — Restraint of princes.
Order of Justices — Order to quash.
Warranty — Good title — Sale.
Civil Service — Compensation where services dispensed with by change in department — Act No. 160, s.16 — "The Melbourne Harbour Trust Act 1876" (No. 552), s. 40.
Quashing — Act No. 571, sec. 4 — Imprisonment for debt — Warrant of commitment on fraud summons, under Act No. 284, sec. 5.
"The Police Offences Statute 1865" (No. 265), sec. 26 — Act No. 630, sec. 1 — Public place — Open bar of public-house — Evidence.
Practice — Criminal trial — Power of Judge to set aside juror — Wrongful admission of evidence.
Pleading — Departure — Certificate of title — Fraud.
"Medical Practitioners Statute 1865" (No. 262), s. 12 — Evidence — Medical practitioner — Recovery of fees — Prohibition — Objection not taken at proper time.
"The Police Offences Statute 1865" (No. 265), sec. 16 (vii) — Allowing cattle to wander in streets — Wilfulness — Prohibition — Act No. 571, sec. 2.
Mining company — Sale of property — Authority of directors — Extraordinary meeting — Water-race license — Notice of transfer.
"The Criminal Law and Practice Statute 1864" (No. 233), sec. 178 — Amending Act No. 399, sec. 23 — Maliciously destroying fence — Bon fide claim of title — Reversing previous decision.
Married woman — Separate property — "Married Women's Property Act" (No. 384), sec. 5 — "Savings" — Husband and wife — Mortgage — Consideration — 13 Eliz. c. 5.
Practice at law — Claim of injunction — "Common Law Procedure Statute 1865" (No. 274), ss. 240, 242 — Motion on notice for Rule absolute in first instance — Statement of grounds.
"The Companies Statute 1864" (No. 190), sec. 45 — Promissory note — Directors — Personal liability — "The Stamp Duties Act 1879" (No. 645), sec. 47 — Cancellation of stamp.
Banker and Customer — Dishonour of cheque.
"Local Government Act 1874" (No. 506) s. 418 — Dangerous place near a road — Crown land — Crown not bound.
"The Landlord and Tenant Statute 1864" (No. 192), ss. 81, 84 — Distress — 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.
Negligence — Public highway — Nuisance — Contributory negligence — "Local Government Act 1874," s. 380.
"The Landlord and Tenant Statute 1864" (No. 192), ss. 72, 84, 87 — Warrant of distress — Signature by landlord — Seizure for rent and what is not rent, in one sum — Trespass — Excessive distress — Damages.
Landlord and tenant — Covenants running with the land.
"The Land Act 1869" (No. 360), secs. 47, 94 — Removing loam from Crown lands without license.
Parcels — Original Crown allotment — Surplus area — Application to bring land under the "Transfer of Land Statute" — Evidence — Adjustment certificate.
"County Court Statute 1869" (No. 345), sec. 77 — Jurisdiction — County Court — Set-off — Costs.
Imprisonment for debt — Fraud summons — Act No. 284, sec. 9 — Examination of debtor not taken in writing.
"The Licensing Act 1876" (No. 566), secs. 38, 47 — Renewal of license — Jurisdiction of justices — Error of justices on facts on which jurisdiction rests.
Practice — Interrogatories — Co-plaintiff.
"The Trade Marks Registration Act 1876" (No. 539), sec. 7 — Rectification of register.
Award — Building contract — Costs — Amount severable — Umpire — Authority to appoint — Misconduct — Partiality — Refusal to state case on point of law.
"Insolvency Statute 1871" (No. 379), sec. 73 — Uncertificated insolvent — After-acquired property.
"The Trade Marks Registration Act 1876" (No. 539) sec. 8 — Trade mark — Similarity — Refusal of registrar to register trade mark or to state case for Court — Practice — Rule nisi.
"The Regulation of Mines Statute 1877" (No. 583), ss. 6, 12 — Negligence — Mining accident — Contributory negligence.
Contract — Interpretation — Delivery at one place to pass inspection at another.
Negligence — Shire Council — Posts placed on road for protection of the public — Nuisance — Practice — Sending case to jury as put by the parties at the trial.
Negligence — Shire Council — Unfenced embankment — Contributory negligence.
"Local Government Act 1874" (No. 506), s. 169 — Contract — Alterations or deviations.
Negligence — Municipal Council — Hole in street — Opportunity of knowledge of danger.
"The Pounds Act 1874" (No. 478), s. 15 — Owner — Manager of station.
Negligence — Railway station — Deposit of articles upon platform.
Negligence — Shipowners — Power of agent to render them liable for carriage of goods after landing them.
"Fugitive Offenders Act 1881" (44 & 45 Vict. c. 69) — Fugitive — Illness of prisoner — Extradition.
Statute of Frauds — Contract in writing — Assignment in writing not executed by defendant — Subsequent dealings on its terms, and letters treating contract as binding.
Larceny — Picking up money — Statement of prisoner — Money not identified.
Deceit — Company — Prospectus — Misrepresentation — Moral turpitude — Onus probandi.
Act No. 557, sec. 15 — Bill of sale — Contract in writing of absolute sale — Contemporaneous parol understanding for redemption.
"The Companies Statute 1864" (No. 190), Sched. 2, Table A, r. 4 — Notice of call — Promise to pay.
"County Court Statute 1869" — Payment into court generally — Admission of whole cause of action.
Easement — Extinction 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.
Horses, and fodder for them, were insured in one policy. During the voyage the horses were jettisoned.
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."
"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), ss. 2, 7, 12, 13, 24 — Probate duty — Personalty in Victoria of person domiciled abroad — Acceptance of duty — Finality of Master's certificate.
"Transfer of Land Statute" (No. 301), sec. 132 — Delivery of certificate for cancellation — Issue of certificate on incorrect representation.
Carrier — Railway — Crane allowed to be used by persons bringing goods for carriage — Liability for defective condition.
"Local Government Act 1874" (No. 506), secs. 376, 380 — Dangerous condition of street — Injury to plaintiff — Reasonable time for council to ascertain danger and to remedy it, before accident.
"The Lands Compensation Statute 1869" (No. 344), s. 35 — Land compulsorily taken — Compensation — Enchancement in value of adjoining land.
Port of Melbourne — Harbour regulations.