Criminal law — Receiving stolen property — Property deposited in particular place in pursuance of pre-existing arrangement — Absence of knowledge by accused that the property was stolen or so deposited — Crimes Act 1890 (No. 1079), s. 307.

Marriage Act 1890 (No. 1166), ss. 43, 51 — Maintenance order — Proceedings to enforce — Condition precedent, service of a copy of original order.

Criminal law — Practice — Jurisdiction to state a case — Application made after trial completed — Perjury — Administration of oath — Acting Clerk of Petty Sessions — Legality of appointment — Crimes Act 1890 (No. 1079), ss. 481, 482 — Justices Act 1890 (No. 1105), ss. 64, 77 (7) — Public Service Act 1890 (No. 1133) s. 3.

Local Government Act 1890 (No. 1112), ss. 2, 191, Schedule 13, Part V. — Local Government Act 1874 (No. 506), s. 213, Schedule 13, Part V. — Adoption of Schedule to Act by by-law — Repeal of Act — Absence of adoption of corresponding Schedule to repealing Act — Regulation made after repeal — Reference in title thereof to repealing Act — Validity of regulation.

The Marriage Act 1890 (No. 1166), ss. 43, 51 — Maintenance order — Direction to pay maintenance to Clerk of Petty Sessions — Person to whom payment can be ordered to be made — Manner in which payment can be ordered to be made — Res judicata — Discretion of justices when dealing with allegations of disobedience of maintenance order.

Practice — "Rules of the Supreme Court 1884" — Order LXV., r. 2 — Costs — Taxation.

Contract — Sale of land — Costs of perusing and obtaining execution of transfer — Agreement by purchaser to pay perusal fees — Legality of charge — Statute — Repugnancy — Construction — "Conveyance" — Conveyancing Act 1904 (No. 1953), ss. 3 (a), 4, (6), (9).

Rating — "Unoccupied Crown land" — Unauthorized occupation of Crown land — Long-continued user of Crown land — Liability to rates — "Occupier" — "Occupation" — Local Government Act 1903 (No. 1893), s. 249 (1) — Land Act 1901 (No. 1749), s. 160.

Local Government Act 1903 (No. 1893), ss. 492, 718 — Road, closing of — Stopping traffic — Powers of municipal council.

Practice — Costs — Special scale in App. N., when applicable — Application for order applying special scale — To whom to be made — "Rules of the Supreme Court 1904" — Order LXV., r. 29 (a), (b).

Defamation — Slander — Words imputing misconduct in a public office — Actionable without proof of special damage.

Income Tax Act 1903 (No. 1819), s. 9 — Profits earned in or derived in or from Victoria — Expenses of formation of company, deduction of.

Factories and Shops Act 1905 (No. 1975), s. 162 — Offence — Firm, prosecution of in firm name — Information — Summons — Conviction.

Marriage Act 1890 (No. 1166), sec. 74 (a) — Desertion — Commencement, continuance and termination of.

Railways Act 1890 (No. 1135), ss. 33, 111, 112 — By-law — Ultra vires — Inconsistent with Act of Parliament — Court of Petty Sessions, jurisdiction to determine validity of by-law.

Insolvency Act 1890 (No. 1102), s. 31, 37 (viii.); Insolvency Act 1897 (No. 1513), s. 10 — Omission in order nisi — Amendment, power of — Notice of objections, sufficiency of.

Supreme Court Act 1890 (No. 1142), ss. 20, 21 — Probate practice — Discovery — Scripts.

Railways Act 1890 (No. 1135), s. 93 — Retiring allowance — Officer retired on allowance not liable to be re-called — Assignability.

Police Offences Act 1890 (No. 1126), ss. 26, 27 — Insulting behaviour — "Divine service" — "Publicly held."

Trustee — Order for payment of trust funds into Court — Non-compliance with order — Writ of attachment — Sheriff — Failure to execute writ — Insolvency of person to be attached — Effect thereof as a stay of process — Insolvency Act 1890 (No. 1102), ss. 76, 113 — Mandamus — "Rules of the Supreme Court 1884" — O. LII., r. 11; O. LXVII*., r. 9.

Married Women's Property Act 1890 (No. 1116), s. 25 — Intestates' Estates Act 1896 (No. 1419) — Married woman dying intestate without issue — Distribution of estate, rights of husband and next of kin — Costs — Practice — Counsel — Originating summons — King's Counsel.

Debt — Assignment of — Book Debts Act 1896 (No. 1424), ss. 2 (a), 3 — Non-registration of assignment — "Business carried on" — Meaning of.

Police Offences Act 1890 (No. 1126), ss. 41 (4), 77, 78 — Obscene book — Exposure to view.

Practice — Money paid into Court by defendant under Order XIV., r. 6 — Defendant successful at trial — Order for payment out of money to defendant — Appeal to High Court — "Execution of the judgment appealed from" — Stay of execution — "High Court Appeal Rules 1903," r. 19.

The Railways Act 1890 (No. 1135), s. 93 — Compensation — Retiring allowance — Right of railway employ to compensation on removal from office on account of physical unfitness caused by ill health.

Gaming — Lottery — Foreign lottery — Lottery authorized by Tasmanian Legislature — Sale in Victoria of tickets in such lottery — Legality thereof — 6 Geo. II., c. 35 — 4 Geo. IV., c. 60 — Applicability of to Victoria by virtue of 9 Geo. IV., c. 83 — Repeal of Statute by implication — Crown — Juristic person.

Administration and Probate Act 1890 (No. 1060), ss. 15-17 — Bond — Sureties — Agreement by beneficiaries to release and indemnify sureties for loss arising from maladministration — Public policy — Solicitor and client — Fiduciary relation — Contract induced by fraud.

Fugitive Offenders Act 1881 (44 & 45 Vict., c. 69), ss. 3, 5, 6, 32, 39 — Central Legislature — Local Legislature — Judge of a superior Court — Magistrate — Commonwealth — State — British possession — Part of Her Majesty's dominions — — Colonial Legislature, powers of — Laws of other parts of Her Majesty's dominions, how proved — Commonwealth of Australia Constitution Act (63, 64 Vict., c. 12), ss. 51, 108 — External affairs.

Licensing Act 1890 (No. 1111), ss. 3, 4, 182 — Liquor — Intoxicating — Sale of liquor without licence — Mens rea.

Divorce — Marriage — Dissolution of, jurisdiction to grant — Submission to the jurisdiction — Entry of appearance — Domicile, change of — Abandonment of domicile of origin — Animus revertendi — Evidence of desertion — Marriage Act 1890 (No. 1166), ss. 74, 76.

Will — Construction — Gift to be distributed as donee shall deem fit — Gift, whether absolute or in trust — Trust void for uncertainty.

Income tax — Company — Benefit funds of association — Profit from benefit business — Interest from investment of benefit funds — Income Tax Acts: 1895 (No. 1374), ss. 2, 7 (e); 1903 (No. 1819), ss. 5, 9 (1); 1904 (No. 1938), s. 5 — Companies Act 1890 (No. 1074), ss. 181, 182.

Landlord and tenant — Lease void for uncertainty of duration — Payment of rent — Tenancy from year to year implied.

Licensing Act 1906 (No. 2068), s. 91 — Sunday — Hours during which the sale of liquor to the public is prohibited — Persons found upon the licensed premises.

Practice — Amended writ — Re-service — Discretion of the Court — "Rules of the Supreme Court 1884" — Order IX., r. 2 — Order XVI., r. 13.

Practice — Collision between ships — Action for negligence — Jury — "Rules of the Supreme Court 1884" — Order XXXVI., rr. 4, 6.

Justices Act 1890 (No. 1105), ss. 59 (3), 70 — Detention of goods — Several complaints — Cause of action, splitting of — Objection, time to take.

Divorce — Desertion — Unreasonable delay — Discretionary bar — Principles upon which discretion exercised — Marriage Act 1890 (No. 1166), ss. 74, 86.

Mining — By-laws of Maryborough District — Interpretation of — Extent of claim — "Gold workings" — Meaning of — Proof.

Vendor and purchaser — Production of title — Place where title should be produced — Transfer of Land Act 1890 (No. 1149), Twenty fifth Schedule, Table "A," Condition 3.

Practice — Will — Trustee — Passing accounts and allowance of commission — Costs of — By whom borne — Administration and Probate Act 1890 (No. 1060), s. 26.

Trustee — Commission — Legacy to trustee for acting — Allowance of further commission — Reference to Chief Clerk — Practice — Administration and Probate Act 1890 (No. 1060), s. 26.

Practice — Probate — Discovery, order for — "Rules of the Supreme Court 1906 (Probate)," r. 32.

By-law — Reasonableness — Certainty — Ultra vires — Pure Food Act 1905 (No. 2010), s. 41.

Criminal Law — False pretences — Attempt to obtain money by — Money actually obtained — Falsity of pretences known to payer.

Marriage Act 1890 (No. 1166), s. 43 — Justices Act 1904 (No. 1959), s. 20 — Maintenance order — Order to find surety, service of — "Forthwith."

Will — Construction — Devise to trustees of a house upon trust to permit widow to use and occupy it as a home — Life estate — Right of beneficiary to let — Probate duty — Apportionment of liability as between beneficiaries.

Public Service Act 1900 (No. 1721), ss. 8, 19 — Departments of Trade and Customs, Defence, and Post and Telegraph — Salaries of officers until taken over by Commonwealth — "Corresponding position in any Australian colony" — Effect of subsequent appointment on officer's rights.

Criminal law — Evidence — Indecent assault — Admissibility of statement by person assaulted — Complaint elicited by question.

Licensing Act 1906 (No. 2068), ss. 32 (1), (2), 102 — Licensing Act 1890 (No. 1111), s. 182 — Australian wine licence — Holder having liquor other than wine, etc., on licensed premises — Liquor purchased for customer — Colonial wine licence.

Will — Specific devise — Properties answering to the same description — Uncertainty — Intestacy — Election — Evidence, admissibility of.

Will — Extrinsic evidence — Accidental omission — Power of Court to supply — Construction of will — Devise of properties "upon the same condition" as properties previously devised for life with remainder over — Implication of devises in remainder.

Practice — Civil or criminal trial — Evidence — Witness examined at request of jury — Discretion of Judge.

Marriage Act 1890 (No. 1166), s. 43 — Maintenance order — Surety — Order varied on appeal — Effect on surety's liability — Jurisdiction of justices to make an order on a summons to appear before a court of petty sessions — Justices Act 1890 (No. 1105), s. 108.

Licensing Act 1906 (No. 2068), s. 76 (2) — Time when licensed premises "should not be open for the sale of liquor to the public" — Sunday — Persons found on licensed premises.

Barrister and solicitor — Admission of — Fit and proper person — Misconduct of applicant — Carrying on practice in name of qualified person.

Barrister and Solicitor — Legal Profession Practice Act 1895 (No. 1387) — Legal Practitioners Reciprocity Act 1903 (No. 1887) — "Rules for the Admission of Barristers and Solicitors of 16th February 1905," r. 11 — Fees payable by practitioners on admission — Power of Council of Legal Education to fix.

Barrister and solicitor — Legal Practitioners Reciprocity Act 1903 (No. 1887), ss. 2, 7 — "Rules for the Admission of Barristers and Solicitors of 16th February 1905" — Council of Legal Education — Determination by Council that reciprocity exists — Power of Council thereafter to impose terms of admission.

Practice — Probate — National Trustees Executors and Agency Company of Australasia Limited Act (No. 938), s. 10 — Appointment of company to perform duties of administrator — Letters of administration not issued.

Marriage settlement — Separate estate — Restraint on anticipation — Second marriage.

Will — Construction of — Precatory trust — "Believing that she will do justice."

Income Tax — Company — Profits — Deductions — Interest on borrowed capital used in the business — Interest for deferred payment of purchase money of stock-in-trade — Plant and machinery — Depreciation — Income Tax Act 1903 (No. 1819), sec. 9 — "Profits earned in or derived in and from Victoria."

Trustee — Repairs to trust estate — Income and corpus — Life tenant and remainderman — Equitable tenant for life — Insurance — Trusts Act 1896 (No. 1421), s. 28.

Licensing Act 1890 (No. 1111), ss. 134, 135 — Licensing Act 1906 (No. 2068), s. 78 (2) — Unlawful sale of liquor — Evidence — Onus of proof as to lodgers, travellers, &c.

Mortgagor and mortgagee — Power of sale — Exercise of, after mortgage debt barred — Real Property Act 1890 (No. 1136), ss. 18, 43, 47 — Transfer of Land Act 1890 (No. 1149), ss. 114, 116, 209.

Income Tax Act 1895 (No. 1374), ss. 2, 5, 7, 9 (1), 14 (3) — Income Tax Rate Act 1895 (No. 1410), s. 4 — Income Tax Act 1896 (No. 1467), ss. 2, 4, 12 (1) (d) — Taxpayer with property or business in Victoria and also outside Victoria — Deductions from profits in Victoria in respect of losses outside Victoria — Income derived or received by trustees — Beneficiaries not presently entitled and in actual receipt thereof — Tax, how assessed — Apportionment of liability amongst beneficiaries — Practice — Special case — Two counsel not heard.

Gaming — Declaration that premises are common gaming-house — Application for — Right of owner and occupier to be heard — "May," meaning of — Mandatory — Discretionary — Lotteries Gaming and Betting Act 1906 (No. 2055), s. 38.

Police force — Members of — Pension — Assignability of — Police Regulation Act 1890 (No. 1127), ss. 20, 24.

Practice — Divorce — Costs of wife — Payment into Court — Order for payment "forthwith" — No appearance by husband — Service of summons — Marriage Act 1890 (No. 1166), s. 111 — "Divorce and Matrimonial Rules 1885," rr. 38, 40, 41, 61.

Vendor and purchaser — Restrictive covenant running with land — Certificate of title to land setting out covenant as encumbrance — Subdivisional sale — Purchaser of lot not in fact affected by covenant — Right to reject title — Finding of fact on summons — Conveyancing Act 1904 (No. 1953), s. 10.

Education Acts — Offence against — Non-attendance at State school — Reasonable excuse for — Instruction as prescribed by regulations — No regulations made — Statute — Interpretation of — Education Act 1890 (No. 1086), s. 23 — Education Act 1905 (No. 2005), ss. 3, 4, 5.

Practice — Rules of the Supreme Court 1906 — Order XIV., r. 2 — Writ specially endorsed — Application for leave to enter final judgment — Time when application must be made — Affidavit verifying cause of action, sufficiency of.

The Transfer of Land Act 1890 (No. 1149), ss. 22, 25, 28, 29, 30, 31, 69, 74, 82, 162, 164, 165, 166, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 194, 199, 209, 210 — Real Property Act 1890 (No. 1136) — Part XXII. — Commissioner, powers of — Certificate, rectification of — Wrong description of parcels or boundaries — Land included in Crown grant — Evidence — Pleadings.

By-law — Validity — Limitation of by implication — Vehicles "plying for hire" — Licensing of — Licensed Carriage Statute 1864 (No. 217), ss. 3, 4 — Carriages Act 1890 (No. 1070), ss. 3, 4 — By-law No. 78 of the City of Melbourne, clauses 2, 8.

Trade mark — Rectification of register — "Calculated to deceive" — Position of person on register — Evidence — Partial failure of applicant's allegations — Costs — Trade Marks Act 1890 (No. 2) [No. 1183], ss. 16, 29.

Lotteries Gaming and Betting Act 1906 (No. 2055), s. 22 — Information or advice as to the betting on an intended horse race — Information — Advice — Betting.

Local Government — Municipal council — Borrowing powers — Plans, specifications, etc., to be prepared before borrowing — Necessity for plans, etc. — Nature of plans, etc. — "Subject to the provisions of this Act" — Information to be supplied to ratepayers — Objection by ratepayer — Injunction restraining borrowing — Local Government Act 1903 (No. 1893), ss. 267, 345, 346, 347, 354, 355, 364, 372, 412, 463, 558.

Police Offences Act 1890 (No. 1126), s. 57 — Gaming — Search warrant — Complaint in writing, necessity for — "Complaint" — "Information."

The Lotteries Gaming and Betting Act 1906 (No. 2055), s. 38 (1) — Right of owner or occupier to be heard — Practice — Right to cross-examine officer of police upon his affidavit filed in support of application under s. 38 (1) — Reasonable grounds of suspicion — Discretion of Court to make order.

Criminal law — Secret Commissions Prohibition Act 1905 (No. 1974), s. 2 — The meaning of "corruptly" in that Act explained.

Criminal law — Secret Commissions Prohibition Act 1905 (No. 1974), s. 2 — "Corruptly" — Meaning of.

Licensing Act 1890 (No. 1111), ss. 5, 12 — Licensing Act 1906 (No. 2068), ss. 31, 32, 34, 53, 64, 68, 77, 87 — Colonial wine licence — Australian wine licence — Holder of — Order to review, party to begin.

Gaming — User of house for betting purposes — Frequency of user necessary to establish offence — "Assisting in conducting the business" of common gaming-house — Proof as to person "conducting the business" — Two convictions for same offence during consecutive periods — Continuous offence — "First offence" — "Second offence" — Practice — Criminal law — Wrongful admission of evidence — Powers of Supreme Court on order to review — Information disclosing no offence — Amendment of charge by Supreme Court — Police Offences Act 1890 (No. 1126), ss. 49, 51 — Street Betting Suppression Act 1890 (No. 1436), s. 7 — Justices Act 1890 (No. 1105), s. 141.

Slander — Certainty as to person defamed — Defamatory words spoken in relation to either of two persons — Words not spoken in express relation to plaintiff's office, but tending to injure him therein — Special damage, necessity to prove — Practice — Costs — Rules of the Supreme Court 1906 — Order LXV., r. 29 (a) — Special scale of costs in Appendix N — Application for costs on ordinary scale — Application, when to be made — By whom may be made — Discretion of Judge.

Vendor and purchaser — Contract of sale of land — Sale by sheriff under fi. fa. — Perusal fees — Sale by auction — Conveyancing Act 1904 (No. 1953), ss. 4 (6), 10 — Auction Sales Act 1890 (No. 1065), ss. 3, 29.

Game Act 1890 (No. 1095), s. 15 — Wilful trespass in search or pursuit of game — Mens rea.

Landlord and tenant — Covenant by lessee to paint — Breach of covenant by lessee — Liability of assignee of term for breach by assignor.

Contract — Goods to be supplied according to order and sample — Goods in judgment of storekeeper not in accordance with contract — Rejection of goods — Satisfaction of storekeeper — Certificate of storekeeper — Condition precedent to payment — Jurisdiction of storekeeper to settle disputes — Notice of rejection by storekeeper final — Right of contractor to formal arbitration by storekeeper.

Police Offences Act 1890 (No. 1126), ss. 57, 58 — Lotteries Gaming and Betting Act 1906 (No. 2055), ss. 5 (2), 10, 17 — Gaming — Lottery — Common gaming-house — "Used as a common gaming-house" — "Deemed to be a common gaming-house" — Person found therein.

Practice — Rules of the Supreme Court 1906 — Order XXII., rr. 6 (a) and 7 — Money paid into Court — Time within which it is to be accepted or refused — Abuse of process of the Court — Staying proceedings.

Trustee — Commission — Legacy to trustee for acting — Allowance of further commission — Principles on which Court will grant or refuse — Administration and Probate Act 1890 (No. 1060), s. 26.

Divorce — Desertion by husband — Petitioner's adultery — Discretionary bar — Principles on which discretion exercised — Marriage Act 1890 (No. 1166), s. 86.

Contract — Foreign principal — Liability of local agent — Intention.

Local Government — Rating — Exemption from — Land used exclusively for mechanics' institutes — Payment of rates without protest — Money had and received — Local Government Act 1903 (No. 1893), s. 249.

Default summons — Notice of intention to defend not received within time limited — Complainant absent on return day — Dismissal of summons — Appropriate remedy — Order to review — Justices Act 1904 (No. 1959), s. 17 (3) (4) — Justices Act 1890 (No. 1105), ss. 77 (10), 89 (4), 141.

Pawnbrokers Act 1890 (No. 1124), ss. 17, 39 — Loan over 10l. — Amount of interest chargeable.

Practice — Rules of the Supreme Court 1906 — Order XIV., r. 2 — Writ specially endorsed — Application for leave to enter final judgment — Time when application must be made.

Will — Construction — Trust estate — Money to be laid out in the purchase of land to be settled — Impossibility of making suitable purchase — Dominant intention of testator — Jurisdiction of the Court to vary the investment.

Licensing Act 1890 (No. 1111), ss. 134, 135 — Licensing Act 1906 (No. 2068), s. 78 (2) Sale of liquor on Sunday — Presence of two or more persons on licensed premises — Onus of proof as to whether bon-fide lodgers, etc. — Evidence.

Infant — Ward of Court — What constitutes — Child in custody of father out of jurisdiction — Summons for directions — Examination of witnesses as to whereabouts of child — Nugatory order — Rules of the Supreme Court 1906 — Order XXX.

Justices Act 1890 (No. 1105), s. 23 (1) — Service at the last or most usual place of abode or business — Proper procedure where justices of opinion that summons never came to knowledge of defendant — Hearing the evidence on two charges against the same defendant before adjudicating on either charge.

Licensing Act 1906 (No. 2068), ss. 51, 65 (1), (2), 66 (1), (2), (4) — Licensing Act 1890 (No. 1111), s. 38 — Annual sitting of Licensing Court — Extension of time for holding of Licensing Court — Application adjourned beyond such extended time — Jurisdiction — Grocer's licence — Local option poll, necessity for.

Practice — Costs — Taxation — Solicitor and client — Extraordinary expenditure, knowledge of the client — Notes of evidence, duty of junior counsel — Instructions for brief — Rules of the Supreme Court 1906 — Order LXV., rr. 28, 31, Appendix N — Probate and Administration Rules 1906, r. 34.

Will — Trustees — Tenant for life — Remaindermen — Station property — Principles of management — Discretion of trustees — Capital — Profits — Extraordinary losses — Improvements to station property — Adjustment between beneficiaries — Rights of tenants.

Equitable mortgage — Reversionary interest under a will — Foreclosure.

Administration — Stale application for — Sole asset an interest in remainder in land — Application after death of life tenant.

Company — Transfer of shares — Power of directors to refuse to register — Transfer to rival in business of company — Articles of association — Companies Act 1890 (No. 1074), ss. 23, 36.

Companies Act 1890 (No. 1074), s. 104 — Company — Compulsory winding-up — Assets insufficient to satisfy liabilities — Order as to priority of payment of costs, charges, and expenses.

Settlement — Gift over — Remoteness — Rule in Shelley's case.

Water — Watercourse — Flood waters, obstruction of — Hedge and fence on boundary — Natural user.

Factories and Shops Acts 1905 (No. 1975), s. 134, Fourth Schedule; (No. 2008), ss. 22 (1), 24 (3) — Fourth Schedule business and another business in one shop — Weekly half-holiday — Necessity to close shop for all purposes — Evidence, sufficiency of — Admissibility — Choice of closing hours — Onus of proof — Suspension of obligation to close — Revocation of suspension.

Practice — Pleading — Set-off — Claim for damages — Rules of the Supreme Court 1906 — Order XIX., r. 3.

Stamps Act 1890 (No. 1140), s. 98 (1) — Third Schedule, III. (A) — Conveyance or transfer of real property — Different conveyances of different parts — Apportionment of consideration — Amount of duty payable — Exemption of first 50l. of apportioned consideration.

Embezzlement — Master and servant — Secretary of friendly society — Crimes Act 1890 (No. 1079), s. 140.

Practice — Action brought in County Court — Appeal to Full Court — Re-trial ordered in Supreme Court — Libel — Payment into Court — Action "brought" in Supreme Court — Rules of the Supreme Court 1906 — Order XXII.

Probate — Practice — Stale will not proved — Grant for the purpose of making title.

Marriage Act 1890 (No. 1,166), s. 74 (c) — Dissolution of marriage — Frequent convictions for crime.

Will — Construction — Rule against perpetuities — Intention of testator — "All his children" — Context showing intention to benefit only certain children then in being — Rules for distribution of fund amongst a class — Power exercisable partly amongst objects not within limits allowed by law — Validity of power — Limitations following void power, validity of.