Pure Food Act 1905 (No. 2010), s. 41 (2) — Regulations under — Milk cans required to be securely closed by means of a leaden seal or a lock or other means — Test of security of closing — Delivery by producer.

Composition with creditors — Contract uberrim fidei — Material facts, what are — Non-disclosure of assets then valueless, but subsequently valuable — Rights of creditors.

Contract — Sale of land by auction — Costs of perusal and of obtaining execution of conveyance — Stipulation for payment of such costs by purchaser — Waiver of statutory provision by signing contract — Procedure — Declaration as to illegality of stipulation — "Question affecting the existence or validity of contract" — Conveyancing Act 1904 (No. 1953), ss. 4 (6) (9), 10.

Service and Execution of Process Act 1901, No. 11 (Commonwealth), s. 18 — Warrant indorsed for execution in another State — Arrest on unsustainable charge — Exercise of discretion by justice or Judge — Discharge of accused — Jurisdiction of Judge — Review of justice's discretion by Judge.

Local Government Act 1903 (No. 1893), s. 526 — Street — Setting out.

Local Government — By-law — Validity — Power of regulating or controlling "blasting operations" — By-law extending to part only of municipality — Bon-fide exercise of power — Reasonableness — Evidence, admissibility of — Local Government Act 1903 (No. 1893), ss. 197 (21), 203 — "Regulate" — "Control."

Practice — Costs — Taxation — Appeal from County Court — Order dismissing appeal with costs to be taxed by Taxing Master.

Trade Marks Act 1890 (No. 2), (No. 1183), ss. 8, 16, 17 — Distinctive label — Words having reference to character or quality of goods.

Artificial Manures Act 1904 (No. 1930), ss. 11, 16, 17 — Artificial manure taken and collected by chemist for analysis — "Place where manure is stored," meaning of.

Trustee — Commission, summons brought for sole purpose of obtaining — Costs out of the estate — Administration and Probate Act 1890 (No. 1060), s. 26.

Marriage Act 1890 (No. 1166), ss. 42, 43 — Maintenance — Illegitimate child left without adequate means of support — Offer of father to provide home.

Local Government Act 1903 (No. 1893). s. 526 — Street — Setting out.

Divorce Practice — Petition and citation — Enlargement of time for service — Application after time limited for service — Divorce Rules 1906, rr. 7, 126, 128 — Rules of the Supreme Court 1906 — Order LXIV., r. 7; Order LXX., r. 1.

Will — Land subject to equitable charge — Charge created by parol — Charge in favour of devisee — Conveyancing Act 1904 (No. 1953), s. 75.

Mines Act 1907 (No. 2127), s. 9 — Sludge Abatement Board — Order, cumulative or alternative — Validity of order.

Lunacy — Lunatic so found by inquisition in England — Lunatic's estate in Victoria — Filing inquisition of record in Victoria — Appointment of committee in Victoria — Application for sale of lunatic's estate, time for — Authority of Court — Lunacy Act 1890 (No. 1113). s. 130 — Lunacy Rules 1906, rr. 10, 64.

Practice — Final judgment — Liberty to apply — Originating summons — Adding question after judgment.

Practice — Justices — Default summons — Claim for medical services — Jurisdiction — Evidence — Necessity for proof of registration by medical practitioner — Justices Act 1890 (No. 1105), s. 59 (4) — Justices Act 1904 (No. 1959), s. 17, Third Schedule — Medical Act 1890 (No. 1118), s. 12.

Local Government Act 1903 (No. 1893). s. 249 (1) — Rating — Exemption — Land the property of His Majesty used for public purposes — Teacher's residence attached to State school.

Stamps — Fraudulently affixing stamp removed from another document — Offence — Information — Defect in — Amendment — Discretion of justices — Stamps Act 1890 (No. 1140), s. 23 — Justices Act 1890 (No. 1105), s. 187.

Local Government Act 1903 (No. 1893). s. 197 (29) — Vehicle — Traction engine.

Divorce — Husband and wife — Petition for divorce — Answer charging adultery and praying for divorce — Citing alleged adulterer — Procedure — Marriage Act 1890 (No. 1166), s. 110.

Attachment of debts — Trust fund — Judgment debtor trustee — Right and duty of trustee to oppose attachment of trust fund — Justices Act 1890 (No. 1105), s. 117 — Decision of justices against uncontradicted evidence — Duty to give reasons.

Criminal Law — Evidence — Dying depositions in cases of homicide — Impending death — Expectation of death — Form of deposition.

Pure Food Act 1905 (No. 2010), ss. 32, 33, 35 — Sale of adulterated article of food — Purchase with written warranty — What amounts to — When a complete defence — Health Act 1890 (No. 1098), ss. 43, 71.

Settled estate — Petition — Power of Court to authorize leases — Manifest intention of settlor that estate should be used in a particular way — "Manifest intention" that power of Court shall not be exercised — Cost of fencing — Apportionment between corpus and income — Sinking fund — Real Property Act 1890 (No. 1136), ss. 64, 90.

Vendor and purchaser — Contract for sale of land — Requisition on title — Vendor unable or unwilling to comply with requisition — Right of vendor to annul sale.

Practice — Action for unlawfully attaching trust funds — Frivolous and vexatious action — Dismissal of action — Rules of Supreme Court 1906 — Order XIV.(A).

Trustee and cestui que trust — Profit made by trustee in connection with trust estate — Conflict between trustee's interest and duty — Insurance of trust properties — Discount allowed to trustee broker — Obligation of trustee to account — Appointment of agents by trustee — Trustee's commission where work done by agents — Administration and Probate Act 1890 (No. 1060), s. 26.

Practice — Parties — Insurance, life — Death of insured — Refusal by executors to enforce policy — Right of beneficiary under will to sue — Cause of action.

Defamation — Libel — Voluntary association of sellers — List of defaulting buyers — Communication of list to members — Privileged occasion — Communication to third persons outside privilege — Admissibility of evidence of truth of alleged libel.

Widows and Young Children Maintenance Act 1906 (No. 2074), ss. 3. 9 — Insufficient provision by testator for maintenance of widow — Application by widow for further provision — Limit of amount of provision Court may allow — Nature of provision — Payment of lump sum to widow.

Trustee — Executor — Trust, breach of — Commission retained without order of Court — Administration and Probate Act 1890 (No. 1060), s. 26 — Bringing land under Transfer of Land Act 1890, mortgage of trust estate to pay costs of — Defence arising after action, availability of — Mortgage in breach of trust, registration of mortgage after writ issued available as defence.

Factories and Shops Act 1905 (No. 1975), ss. 5. 14 (3) — "Factory or workroom" — "Preparing or manufacturing articles for sale" — Sorting, weighing, and packing goods.

Will — Construction — Mistake.

Licensing Act 1890 (No. 1111), s. 182 — Liquor — Selling without a licence — Agent — Servant.

Probate — Practice — Revocation of probate — Costs of executors.

Will — Plea of undue execution — Evidence, admissibility of — Declaration of testator as to execution — Contradictory evidence by attesting witness — Omnia prsumuntur rite esse acta.

Instruments Act 1890 (No. 1103), ss. 169, 170, 171 — Stock mortgage — "Other chattels," meaning of.

Administration and Probate Act 1907 (No. 2120), s. 5 (1) — Executors — Discharge of one — Appointment of administrator in his place — Necessity of — Discretion of Judge.

Administration and Probate Act 1890 (No. 1060), s. 112 — Administration and Probate Act 1903 (No. 1815), ss. 8 and 9 — Settlement — Duty — Trusts and dispositions to take effect after death — Repeal of exemptions — Retrospective effect of.

Principal and agent — Sale of land — Deposit payable to agent on named day — Authority of agent to receive deposit after due date — Payment to agent by way of promissory note — Payment to agent by way of set-off — Cancellation of contract by principal after receipt of deposit by agent — Commission, right of agent to — "Total amount realized" — Right of agent to deduct commission from moneys of principal coming to his hands.

Rules of Supreme Court 1906 — Order XXXVI., r. 6 — Money Lenders Act 1906 (No. 2061), s. 4 — Action on promissory note — Loan by money lender — Intended defence and counterclaim that interest excessive or bargain harsh and unconscionable — Mode of trial — Right to jury.

Trustee — Repairs to trust estate — Life tenant and remainderman — Income and corpus — Power of management.

Companies Act 1890 (No. 1074), s. 16 — Company — Calls — Shares — Forfeited shares, liability on — Articles of Association, creating new debt — Statute of Limitations — Specialty debt — Cancellation of forfeited shares.

Licensing Act 1890 (No. 1111), s. 182 — Sale of intoxicating liquor without a licence — Waitress at unlicensed restaurant serving customer with liquor.

Divorce — Desertion — Refusal to re-establish cohabitation which by consent has ceased — Wife deserted in. Victoria when domiciled there — Husband subsequently becoming domiciled elsewhere — Jurisdiction of Court on cross petition by husband — Federal officer transferred from Victoria to another State — Domicil of — Marriage Act 1890 (No. 1166), s. 74.

Court of Petty Sessions — Order for payment of money — Death of party in whose favour order made — Right of executors to levy execution — Power of justices to enter suggestion of death on record of Court — Justices Act 1890 (No. 1105).

Will — Construction — Gift to a class — Misstatement of number of persons constituting class — Falsa demonstratio — Gift to "the child."

Administration cum testamento annexo — Application by beneficiary — Notice to beneficiary with prior right — Right of Curator of Intestate Estates to appear on such application — Right of corporation aggregate to administration — Grant to syndics of corporation aggregate — Power of Court to take goods of deceased into its own hands.

Marriage Act 1890 (No. 1166), ss. 42, 43 — Husband and wife — Maintenance of destitute or deserted wives — "Desertion" — "Leaving without means of support" — Wife compelled by husband's conduct to leave the matrimonial home — Husband and wife residing in different bailiwicks — Order against husband in the bailiwick where wife residing — Jurisdiction of justices.

Administration — Executor of executor — Right to renounce as to first testator's estate — Administration and Probate Act 1907 (No. 2120). s. 5.

Licences Reduction Board — Procedure on deprivation of victuallers' licences — Right of owners and occupiers of licensed premises, if interested, to be heard — Licensing Act 1906 (No. 2068) — Licensing Act 1907 (No. 2103), s. 7.

Licensed victualler — Permit to sell liquor after hours — Licensed premises in the neighbourhood of place from which railway trains depart — Permit necessary for public convenience — "Public" — Class of — Theatre-goers having supper with liquor until past 11.30 p.m. — Evidence of effect of previous permits on good order of district — Admissibility of — Practice — Special case — Right to begin — Licensing Act 1890 (No. 1111), ss. 7, 58.

Practice — Jurisdiction of Court — Action against person residing out of jurisdiction — Breach of foreign contract outside jurisdiction — Substantial performance of foreign contract within jurisdiction — "A cause of action which arose within the jurisdiction" — Supreme Court Act 1890 (No. 1142), s. 85 — Rules of the Supreme Court 1906 — Order IX. — Application of rules to writ against persons residing out of jurisdiction — Variation of place of performance of contract.

Probate practice — Administration — Grant of joint administration.

Landlord and Tenant Act 1890 (No. 1108), ss. 86, 87, 88 — Distress — Privilege from distress — "Lodger" — Protection of lodger's goods — Distress by superior landlord — Immediate tenant residing elsewhere — Lodger of wife whose husband resides elsewhere.

Justices — Court of Petty Sessions — Conviction — Sentence — Remand for sentence after determination of guilt of accused.

Justice of the peace — Interest disqualifying — Present on the bench although taking no part in proceedings — Melbourne Harbour Trust Act 1890 (No. 1119). s. 142 (xix.)

Justices — Complaint for detention of goods — Refusal to make order — Dismissal — Second complaint for same cause of action — Estoppel — Justices Act 1890 (No. 1105), s. 59 (3).

Criminal law — Jurisdiction — False pretences made in Tasmania — Attempt to obtain money in Victoria.

Marriage Act 1890 (No. 1166), ss. 42, 43, 51 — Father — Child — Maintenance order — Home subsequently provided by father for a time — Disobedience of order — Discretion of justices to order arrears of maintenance to be paid in instalments — Justices Act 1890 (No. 1105), s. 144 — Order to review — Grounds, addition to.

Trustee — Solicitor — Trustee member of firm of solicitors — Charges for nonprofessional work — Collection of rents of trust estate and keeping accounts — Apportionment of charges between capital and income — Apportionment between income-takers.

Arbitration — Submission to — Bankruptcy of one of the parties — Revocation by other party of authority of arbitrator appointed by bankrupt — Necessity of obtaining leave of Court therefor — Incorporation of laws of Victoria in submission — Supreme Court Act 1890 (No. 1142), ss. 141, 160.

Transfer of Land Act 1890 (No. 1149), ss. 33, 34 — Caveat — Proceedings taken within month, dismissed — Application for removal of caveat — Discretion of Court.

Judicial inquiry — Domestic forum — Personal interest of member of tribunal.

Local Government Act 1903 (No. 1893), ss. 2, 341 — Statute of Limitations — Real Property Act 1890 (No. 1136), s. 47.

Patent — Amendment of specification — Appeal from Commissioner's decision — Commissioner represented on appeal — Costs of Commissioner — Discretion of Court — Patents Act 1903 (No. 21 of 1903), ss. 47, 111.

Administration and Probate — Intestate — Next of kin entitled to administration resident abroad — Authority to trustee company to obtain administration — Form of grant — The Perpetual Executors and Trustees Association Act (No. 840), s. 4.

Trusts Act 1896 (No. 1421), s. 19 — Infant — Maintenance and education — Corpus, breaking into — Advancement.

Evidence — Oath — Administration of — Court of petty sessions — Justices — Clerk of petty sessions — Clerk of such clerk — Justices Act 1890 (No. 1105), s. 77 (7) — Evidence Act 1890 (No. 1088), s. 62 — Crown case reserved — Right to begin — Crimes Act 1890 (No. 1079), s. 481.

Constructive trustee — Master and servant — Servant having management of business obtains lease of premises — Fiduciary relation — Lease — Covenant not to transfer.

Practice — Jury — Order for trial with jury — Memorandum by plaintiff of close of pleadings — Statement therein of number of jurors — Payment of jury fees — Rules of the Supreme Court 1906 — Order XXIII., r. 5A — Order XXXVI., r. 7 (c).

Practice — Particulars — Interrogatories — Libel — Interrogatories as to fresh cause of action.

Divorce practice — Alimony — Petition not claiming alimony — Service of summons for alimony on respondent's solicitor — Retainer of solicitor.

Defamation — Slander — Libel — Profession, office, words spoken in relation to — Trial by Judge and jury — Notes of evidence, Judge's — Jury not bound by Judge's notes — Privileged occasion — Findings of jury, power to set aside some while upholding judgment.

Insolvency — Petition by attorney under power — Power of attorney — Action, suit, or other proceeding — Authority to present and prosecute petition for insolvency — General words — Act of insolvency — Unsatisfied County Court judgment — Insolvency Act 1890 (No. 1,102), s. 37 (viii.)

Pure Food Act 1905 (No. 2010), ss. 32, 35, 36 — Adulterated article of food, sale of — Sale by servant — Reasonable precautions against committing an offence against Health Acts.

Vendor and purchaser — Contract for the sale of land — Sale by auction — Costs — Perusal of conveyance and obtaining execution of transfer, costs of — Conveyancing Act 1904 (No. 1593), s. 4 (6).

Water — Natural flow of surface water — Servitude of lower land — Obstruction of flow by owner of lower land — Alteration of natural surface of land — Sale of upper portion of land — Right to have surface water flow from upper to lower portion — Interference with right by vendor — Derogation from grant.

Practice — Grant of administration — Trustee company authorized by next of kin to obtain administration — Complicated transactions between next of kin and intestate — Discretion of Court to refuse application of trustee company.

Money lender — Re-opening transaction — Excessive interest — Action to enforce agreement or security — Promissory note — Retrospective effect — Money Lenders Act 1906 (No. 2061), ss. 2, 4.

Criminal law — Larceny — Innocent taking — Subsequent fraudulent misappropriation — Intention to part with property.

New trial — Misdirection — Non-direction — Misdirection, non-direction as to law, and, as to facts, duty of counsel to call attention thereto at the trial — New trial as to certain issues to the exclusion of others — County Court Act 1890 (No. 1078), ss. 96, 133.

Practice — "Actio personalis moritur cum person" — Action for personal injuries — Judgment for plaintiff — Death of plaintiff pending appeal — Survival of action to executor — Executor added as respondent to appeal — Trial by jury — Credibility of witnesses — Jury entitled to believe part only of witness's evidence — Negligence — General damages — No sufficient evidence of particular item of damage — New trial motion — Exercise of discretion to grant new trial — "Substantial wrong or miscarriage" — Rules of Supreme Court 1906 — Order XXXIX., r. 6.

Trade name — Similarity of name — Mining company — Geographical name.

New trial — Trial by jury — Conversation between juryman and solicitor's clerk — Right and discretion of Judge to discharge jury — Appeal from exercise of Judge's discretion to discharge jury — Reduction of number of jurors — Obligation of Court to accept uncontradicted evidence — Statement by Judge of reasons for decision — Jury inadvertently discharged — Recall of jury before leaving Court — Counsel's knowledge of facts affecting administration of justice — Rights and duties of counsel — Libel — Fair comment — Persistence by defendant in charges made — Vindictive damages — Direction to jury on question of damages — New trial when granted on ground of excessive damages.

Income Tax Acts, 1895 (No. 1374), s. 2; 1896 (No. 1467), s. 4 — Trust estate, income derived from personal exertion and from property — Income of beneficiaries, how taxable — Income derived from land or capital employed in business.

Local Government Act 1903 (No. 1893), 13th Schedule, Part VI., clauses 1 and 2 — Local government — Municipal council — Mandamus — Places for public meeting and amusement, registration of — Duty of council — Discretion.