Divorce — Practice — Jury — Issues to be submitted to jury — Discretionary bar — Whether facts alleged to constitute discretionary bar should be submitted to jury — Whether jury's findings conclusive — Marriage Act 1915 (No. 2691), ss. 122, 126 (3), 131 (1), 160 (1), 161 — Divorce Rules 1916, rr. 42, 43, 44 — Form 5.

Will — Universal legatee — Death of legatee during life of testator — Lapse — Testator illegitimate and dying without issue — Attestation of will by executor — Effect — Crown entitled to personalty and realty — Solicitor preparing will and, being executor — Duty of — Wills Act 1915 (No. 2749), ss. 13, 32, 33 — Real Property Act 1915 (No. 2719), ss. 177.

Fire insurance — Conditions of policy — Claim not duly made within stipulated time — Right in insurer to take possession "so long as the claim is not adjusted" — Possession of insured property taken by insurer after claim lodged — Estoppel by conduct — Insurer estopped from denying that claim was duly made.

Vendor and purchaser — Contract for sale of land — Uncertainty — Agreement by purchaser to grant to third person lease of land sold — Terms of lease not specified — No standard for ascertaining — Alleged contract void for uncertainty.

Licensing — Offence — Person found on licensed premises during prohibited hours — "Found," what constitutes finding — Licensing Act 1915 (No. 2683), s. 188.

Police offences — Obscene articles — Knowingly keeping for purpose of gain — "Article" — Meaning — Police Offences Act 1915 (No. 2708), ss. 169, 171.

Bailment — Carrier — Loss of thing bailed — Duty of bailee — Onus of proof — Loss due to acts of bailee's servant not in course of employment — Form of action — "All care taken, but no responsibility accepted" — Observations as to effect.

Principal and agent — Commission — Lease of property — Agent introducing tenant to property — Tenant enabled to discover owner from information supplied by agent — Tenant's negotiations direct with owner — Consequent reduction in price by owner — Effective cause of letting — "Introduction" defined — Appeal from County Court — Finding of fact — Practice.

Husband and wife — Maintenance — Sureties — Imprisonment in default — Validity of order — Marriage Act 1915 (No. 2691), s. 84 (c), (d) — Justices Act 1915 (No. 2675), ss. 103, 119.

Conciliation and arbitration — Continuing offence — Non-observance of award — Information not within twelve months — Penal action — Justices Act 1915 (No. 2675), s. 210 — Federal Crimes Act (No. 12 of 1914), s. 21 — Federal Conciliation and Arbitration Act 1904-1920, ss. 44 (1), 49 — Justices — Order to review — Objection not taken below — Curable — Duplicity in information.

Will — Probate — Grant — Alterations in uill — Alterations made in different kinds of ink — All apparently not made at same time — Inspection of will — Court entitled to draw conclusions from mere inspection.

Police offences — Detinue — Trespass to goods — Possession of goods — Property reasonably suspected of being stolen — Seizure and removal by police — Whether lawful — Actual possession — Meaning — Acquittal of defendant charged under Police Offences Act 1915, s. 40 — Action to recover possession of goods — Ownership, onus of proving — How discharged — Divesting of possession, principles governing — Admission of fact by counsel at trial — Effect — Who should be sued — Police Offences Act 1915 (No. 2708), ss. 40, 47.

Maintenance — Illegitimate child — Corroboration of mother's oath — Physical resemblances between child and alleged father, evidence as to — Whether sufficient corroboration — Marriage Act 1915 (No. 2691), ss. 83, 96.

Landlord and tenant — Subletting by lessee to third person — Lessee bound by covenant not to sublet without consent — Sublease not void — Use and occupation — Claim for — Proof of entry necessary — Possession of key insufficient — Landlord and Tenant Act 1915 (No. 2677), s. 21 — Justices Act 1915 (No. 2675), s. 64 (4).

Master and servant — Contract — Pleading — Wrongful dismissal — Misconduct of servant in service of a former master — Unfitness of servant — Particulars — Rules of Supreme Court — Order XIX., r. 6 — Scope of particulars.

Justices — Court of Petty Sessions — Civil jurisdiction — Money received — Purchase of stock on licensed premises — Agreement by vendor to refund overcharge — Partial failure of consideration — Claim for difference between price paid for and real value of part of stock delivered — Severability — Whether liquidated demand — Cause of action — Whether money received — Complaint struck out for want of jurisdiction — "Order," meaning of — Justices Act 1915 (No. 2675), ss. 4, 64 (4), 150, 155.

Justices — Order to review — "Order" — Indictable offence — Amendment of information — No jurisdiction to amend — Conviction as for offence punishable summarily — Justices Act 1915 (No. 2675), s. 150 (1).

Maintenance — Appeal — General Sessions — Rule nisi to compel Chairman of General Sessions to state Case for opinion of Supreme Court — Contemplated appeal to higher Court — Refusal of Supreme Court to compel Chairman of General Sessions to state Case where case covered by authority — Justices Act 1915 (No. 2675), s. 147 — Justices Act 1918 (No. 2967), s. 10.

Contract — Sale of goods — C.i.f.e. contract — Breach of condition precedent — Goods of contract description not shipped — Buyer's right to refuse to take up documents — Passing of property — Seller reserving right of disposal — Goods Act 1915 (No. 2663), s. 24 (1), (2).

Practice — Writ of fieri facias lost — Inherent jurisdiction to issue duplicate writ — Rules of the Supreme Court 1916 — Order XLII., r. 17.

Local government — City of Melbourne — By-laws, power to make — Regulating traffic and processions — What constitutes a regulating — How far regulating includes prohibiting — General prohibition of processions unless consent of Council given — Whether ultra vires — Test of unreasonableness as applied to by-laws considered — Legislative interpretation of Statutes, doctrine of — Application considered — Whether ordinance purporting to be by-law under Local Government Act 1915 can be regarded also as regulation under Police Offences Act 1915 — Local Government Act 1915 (No. 2686), s. 197 (10), (22), (37) — Police Offences Act 1915 (No. 2708), s. 6.

Divorce — Desertion — Evidence — Corroboration — Proof of marriage and service — Uncorroborated evidence of petitioner — Marriage Act 1915 (No. 2691), s. 122 (a).

Divorce — Desertion — Husband leaving home to avoid arrest — Commercement of desertion — What constitutes — Desertion continuing during imprisonment — Marriage Act 1915 (No. 2691), s. 122 (a).

Police offences — Imposition by false representation — Representation with view to obtain "money or any other benefit or advantage" — Contractual benefit obtained by fraud — Charitable benefit obtained by fraud — Jurisdiction of Justices as to frauds dealt with by the Crimes Act 1915 — Police Offences Act 1915 (No. 2708), s. 72 (3).

Administration and probate — Executor, removal of — Summary proceedings — "Unfit," meaning of — Executor's neglect or disregard of duty — Administration and Probate Act 1915 (No. 2611), s. 8 (1) (c) — Trusts Act 1915 (No. 2741), s. 14 (1).

Carrier — Carriage of goods by land — Customs and shipping agent, whether common carrier — Delivery of goods — Outbreak of fire on premises of consignee at time of delivery — Delivery prevented by fire — Goods destroyed by fire before delivery — Whether carrier negligent — Common carrier — Liability — Duty of consignee to provide safe place for delivery.

Divorce — Petition by wife — Ground of petition — Having assaulted with intent to inflict grievous bodily harm — Evidence of conviction of husband for having wounded with intent to do grievous bodily harm — Whether sufficient to support petition — Crimes Act 1915 (No. 2637), s. 14 — Marriage Act 1915 (No. 2691), s. 122 (d).

Principal and agent — Sale of land — Agent's commission — Introduction by agent — Delay — Negotiations between owner and proposing purchaser resumed and continued between owner and agent appointed by proposing purchaser — Fixed sale price — Fixed rate of commission — Sale at lower price — Quantum meruit — Commission at usual rate — Amount of work done by agent immaterial.

Divorce — Practice — Substituted service — Advertisement appearing later than day named in order — Validating order — Rules of the Supreme Court 1916 (Divorce), r. 8.

Barrister and solicitor — Admission to practice — War service — Applicant "absent from the Commonwealth of Australia" — Special exemption — Rules of Council of Legal Education 1921, r. 22.

Costs — Security for defendant's costs — Money paid into Court as security — Judgment for plaintiff — Stay of proceedings — Payment out of Court before expiration of stay.

Will — Construction — Gift to a class — Gift to brothers and sisters of testator and to his named nephew — Nephew to take a one-half share of the share of each of the brothers and sisters — Whether class gift or gift to individuals — Intention of testator.

Stock diseases — Land on which sheep are depastured — Road which intersects or forms boundary of land — Road fenced on both sides — Order to review — Practice — Right of magistrate to be heard on return of order nisi — Stock Diseases Act 1915 (No. 2731), ss. 27, 73 — Justices Act 1915 (No. 2675), s. 150.

Copyright — Play — Translation — Performing rights — Foreign author — Author of dramatic piece — Translation without authority of author — Protection of translator — Reasonable grounds for believing that copyright subsisted — International Copyright Act 1886 (49 & 50 Vict., c. 39) — Copyright Act (Imperial) 1911 (1 & 2 Geo. V., c. 46) — Copyright Act (Commonwealth) 1912 (No. 20).

Voluntary settlement — When set aside — Jointly executed by two adult unmarried daughters under advice of their father and his solicitor, who took no benefit — Independent advice — How far essential — Deference to father's wishes — How far knowledge of detailed provisions by settlor necessary — Improvidence — No power of revocation — Effect — No power to appoint shares to children or income to surviving husband.

Barrister and solicitor — Practice — Articled clerk — Leave to engage in other employment or occupation — Typing for sale notes of University lectures — Coaching — Acting as director of proprietary company — Test, whether likely to diminish value to applicant of service under articles — Terms and conditions — Payment of costs of Law Institute — Rules of the Council of Legal Education 1921, r. 26.

Settled lands — Contract for sale — Conditional on consent of trustees or of Court to contract in present form or as varied — Refusal of trustees to consent — Refusal of tenant for life to vary or to apply to Court — Application to Court by purchaser to approve or to vary — Jurisdiction to approve or vary — Locus standi of purchaser discussed — Settled Estates and Settled Lands Act 1915 (No. 2725), ss. 79, 90 (3).

Licensing — Lease of licensed premises — Transfer of lease — Lease prohibiting transfer without landlord's consent — No arbitrary withholding — Reasonable grounds for withholding consent — "Fine" — What is — Duress — Money had and received — Conveyancing Act 1915 (No. 2633), s. 24 — Conveyancing Act 1917 (No. 2924), s. 2.

Motor-car — Driving motor-car whilst under influence of liquor — "Driving" meaning of — Engine started but car not moving — Whether defendant "driving" car — Evidence — Proof that defendant was under the influence of liquor — Motor-Car Act 1915 (No. 2702), s. 20.

Trusts — Trustees — Appointment of new trustees by Court — Will prohibiting appointment of Trustee company — Adult beneficiaries desiring appointment of Trustee company — Trustee company and personal trustees appointed by Court — Trusts Act 1915 (No. 2741), s. 37.

Practice — Trial by jury — Contract to leave a sum of money by will — Breach — Action for damages — Cause within the cognizance of the Court in its Equitable jurisdiction — Right to trial by jury — Validity of Rules of Supreme Court — Supreme Court Act 1915 (No. 2733), ss. 5, 25 — Rules of Supreme Court 1916 — Order XXXVI., r. 3.

Vendor and purchaser — Sale of land under Transfer of Land Act — Timber — Removal of — Reservation by vendor of trees — Time within which to be removed — Time fixed for completion — Reasonable time for removal — Transfer by vendor to third persons — No reservation in transfer — Duty of purchaser as to reservation — Waiver by vendor by execution of transfer of right to remove.

Contract — Sale of goods — Indent order — Rights of parties under — Condition precedent — Warranty — Terms as to time and mode of shipment — "Half as soon as possible, half two months later" — Breach by shipper — Repudiation by other party on invalid ground — Repudiation not accepted — Waiver — Right to rely on good ground — Practice — Amendment of pleadings — Rules of the Supreme Court — Order XXVIII.

Income tax (Federal) — War time profits tax — Payment of war time profits tax in respect of prior year's assessment — Deduction of war time profits tax from taxable income in year of payment — Income Tax Assessment Act (Federal) 1915-21, s. 18(1)(b).

Husband and wife — Maintenance order — Subsequent adultery of wife — Whether defence in proceedings for non-compliance — Marriage Act 1915 (No. 2691), s. 91.

Trade marks — Registration — Design containing words "Lincoln" and "Australia" as most prominent part — Distinctiveness — Whether registrable mark — User of word "Lincoln" — Whether likely to deceive — Disclaimer — Discretion of Court — Trade Marks Act 1905-1912 (No. 20 of 1905, No. 19 of 1912), ss. 16 (1) (e), 24, 45, 114.

Divorce — Wife's petition — Desertion and repeated act of adultery — Adultery of petitioner — Discretionary bar — Conduct of husband such as to destroy all affection — Public policy — Principles governing exercise of discretion by Court discussed — Marriage Act 1915 (No. 2691), ss. 122, 131 (1).

Shipping — Seaman — Incapacity due to accident — Seaman left ashore at port other than his home port — Wages — For what period payable — Commonwealth Navigation Act 1912-1921, s. 132 (1) (b) (No. 1 of 1921, s. 40).

Closer settlement — Conditional purchase lease — Transfer — Prohibition against one person holding more than one allotment — Contract for sale of two allotments to one person — Validity — Conveyance of one allotment to third person — Specific performance — Closer Settlement Act 1915 (No. 2629), ss. 75, 84, 86, 129 — Closer Settlement Act 1918 (No. 2987), s. 39.

Divorce — Desertion — Deed of separation — Covenant by wife not to take proceedings against husband — Option to husband on breach to treat deed as void — Maintenance order obtained by wife — Repudiation of deed — Marriage Act 1915 (No. 2691), s. 122.

Mistake — Money had and received — Money voluntarily paid under mistake of fact, recovery of — Mistake of fact — Mistake of law — Relevance of mistake to legal liability to pay.

Will — Revocation — Failure of legacy — Legatee's husband an attesting witness to last will — Conditional revocation of bequest in earlier will — Dependent relative revocation — Revoking document not wholly failing as a will.

Divorce — Desertion — Wife's refusal to cohabit with husband — Medical reasons — Children probably mentally defective — Bearing of children prejudicial to wife's health — Just cause or excuse — Cohabitation without sexual intercourse — Marriage Act 1915 (No. 2691), s. 122 (a).

Principal and agent — Commission — Sale of property — Proposing purchaser "ready and willing" to buy — Proof — "Readiness and willingness" not communicated — New and unusual condition — Principal preventing completion of sale — Principal's right to vary or revoke authority at any time before agent has fully performed his duty — Evidence — Proper directions to jury.

Divorce — Desertion — Constructive desertion — Intention to terminate the matrimonial relationship — What conduct amounts to constructive desertion — Actual intention — Imputed intention — "Just cause or excuse" — Distinction between conduct amounting to desertion and conduct amounting to just cause or excuse — Marriage Act 1915 (No. 2691), s. 122 (a).

Police offences — Imposition by false representation — Valueless cheque, purchase of goods with — False representation — Cheque cashed and money received as change — Test of liability — Whether offence limited to case of person receiving benefit for nothing or to case of imposition upon charity — Imposition in contractual dealings — False pretences — Police Offences Act 1915 (No. 2708), s. 72 (3).

County Court — Jurisdiction — Action for account — Account ancillary to claim for debt — Personal action — Amount — Value or damages not more than 500l. — Practice — Special Case — Right to begin — County Court Act 1915 (No. 2636), ss. 48, 68, 135, 148.

Contract — Principal and agent — Warranty of authority — Action for breach — Essentials of cause of action — Belief of plaintiff in authority warranted — Proof of unnecessary — Reliance on warranty — Practice — Appeal — Point not taken at trial.

Will — Construction — "Moneys of which I shall die possessed" — Moneys at current account in bank — Moneys on fixed deposit — Moneys in Savings Bank — Treasury bonds — What included.

Will — Revocation — Failure of legacy — Legatee's husband an attesting witness to last will — Prior will giving same legacy — Dependent relative revocation — Revoking document not wholly failing as a will.

Divorce — Costs — Wife's costs — Adultery — Costs of respondent wife refused as against husband — Conduct conducing to adultery — Attack by co-respondent on respondent's general character — Respondent not calling evidence — Liability of co-respondent for respondent's costs — Marriage Act 1915 (No. 2691), s. 149.

Contract — Construction — Sale of goods by description — Written contract — Extrinsic evidence — "Matchless No. 2475 white voile" — No common trade meaning nor popular significance in regard to any particular quality of goods — Identity of subject-matter — Admissibility of extrinsic evidence to prove — No reference in contract to sample — Whether sale a sale by sample — Admissibility of evidence to prove custom in trade not necessarily inconsistent with written contract — Evidence — "Without prejudice" — Conversation without prejudice — Admissibility of reference to in re-examination to establish bona fides of witness.

Factories and shops — Information for non-payment of wages — Conviction of employer — Order for payment of arrears due — "May order" — Discretion of Court — Factories and Shops Act 1915 (No. 2650), s. 232.

Husband and wife — Maintenance — Divorce proceedings pending — Concurrent jurisdiction of justices with Supreme Court — Marriage Act 1915 (No. 2691), s. 84.

Licensing — Landlord and tenant — Lease of licensed premises — Covenant not to assign without consent — Assignment of lease — Consent not unreasonably withheld — No application for consent prior to assignment — Payment for consent — Duress — Involuntary payment — Payment not under protest — Action for money had and received — Conveyancing Act 1915 (No. 2633), s. 24 — Conveyancing Act 1917 (No. 2924), s. 2.

Friendly society — Branch — Expulsion — Branch ceasing to exist — Cancellation of registration — Regularity of proceedings — Two members of committee of three acting — Conclusiveness of decision of Grand Lodge — Jurisdiction of Registrar — Appeal to Supreme Court — Time limit — Trustees of branch competent appellants — Costs — Jurisdiction to award — Friendly Societies Act 1915 (No. 2656), ss. 11, 12, 20.

Landlord and tenant — Lease — Covenants to pay rent and repair — Breach of covenant — Determination of lease — Forfeiture — Jurisdiction to determine question of forfeiture on summons — Consequential order — Costs and expenses — Damages — Ejectment — Order for — Conveyancing Act 1915 (No. 2633), ss. 23, 25.

Evidence — Practice — Admissions in affidavit filed in interlocutory proceedings — Certain paragraphs of affidavit tendered — Statements in other paragraphs colouring admissions to be put in also, but not whole affidavit — Effect of other paragraphs — Onus of proof.

Police offences — Property suspected of having been stolen — Goods found in kitchen of house occupied by defendant and his wife — Evidence that house was defendant's — No evidence that wife had right or power to use goods independently — "Actual possession" — Defendant at police station, goods being in defendant's house — Different and inconsistent statements by defendant — Evidence on which to ground reasonable suspicion that goods were stolen — Time when suspicion must exist — Police Offences Act 1915 (No. 2708), s. 40.

Settled lands — Trustee company sole executor and trustee — Trustees of settlement — Appointment of Trustee company as sole trustee of settlement — Settled Estates and Settled Lands Act 1915 (No. 2925), ss. 97, 105.

Costs — Practice — Security for costs of action — Litigation conducted in a vexatious manner — Want of bona fides — Plaintiff insolvent.

Administration and probate — Probate granted in England — Sealing probate in Victoria — Form and contents of exemplification — Copy of will — Special order where certified copy of will lodged in prior proceedings — Administration and Probate Act 1915 (No. 2611), s. 51.

Criminal law — Indeterminate sentences — Habitual criminal — Detention in reformatory prison — Previous conviction for indictable offence — Conviction in Quarter Sessions in New South Wales — Crimes Act 1915 (No. 2637), ss. 514, 517.

Constitution — Election for Legislative Assembly — Opening sealed parcels of papers used at elections — Contemplated criminal proceedings — Supreme Court a "competent Court or tribunal" — Constitution Act Amendment Act 1915 (No. 2632), ss. 264, 321, 322 — Statute Law Revision Act 1916 (No. 2875), Schedule.

Will — Distribution of residue — Age of child-bearing — Gift to grandchildren whenever born — Distribution on youngest grandchild attaining 21 — Daughter of testator past child-bearing in fact — Next of kin entitled to income from expiration of 21 years until distribution — Distribution on footing that class of grandchildren closed — Depriving living person of interest — Implied direction to accumulate — Wills Act 1915 (No. 2749), s. 36.

Vendor and purchaser — Sale — Agency — Authority of agent to sign contract — Extent of authority — Agent not authorized in writing to sign contract sued on — Oral evidence of wishes of principal, whether admissible — Distinction between authority to find purchaser and authority to make contract of sale — Instruments Act 1915 (No. 2672), s. 229.

Settlement — Post-nuptial — Construction — Gift to children living at death of surviving parent — Vesting at twenty-one — Meaning — Gift over to any child attaining vested interest — Ambiguity — Canon of construction — Child dying in lifetime of surviving parent — Whether entitled — Forfeiture clause on assignment of share — Whether valid — Daughter's marriage settlement — Agreement to assign after-acquired property — Whether daughter's share forfeited — Repugnancy.

Costs — Practice — Judgment for costs — Supreme Court judgment — High Court order directing substituted judgment to be entered — High Court order filed in Supreme Court — Interest on judgment — Date from which interest calculated — Supreme Court Act 1915 (No. 2733), s. 181 — Rules of the Supreme Court 1916, Appendix H, Form 1 — Commonwealth Judiciary Act 1903, s. 37.

Practice — Service out of jurisdiction — Form of order — Supreme Court Act 1922 (No. 3264), Schedule, rr. 1 (b), (e), 2, 3.

Divorce — Practice — Decree nisi pronounced — No formal order taken out — Delay — Disappearance of petitioner — Right of respondent to take out order nisi — Marriage Act 1915 (No. 2691), ss. 132, 136.

Criminal law — Larceny — Larceny by a trick — Obtaining money by false pretences — Distinction — Crimes Act 1915 (No. 2637), ss. 69, 71, 593.

Factories and shops — Minimum wage — Determination of Wages Board — "Person employed on time wages for less than number of hours paid for an ordinary week's work" — "Employed," meaning of — Factories and Shops Act 1922 (No. 3252), s. 18 (3) — Factories and Shops Act 1915 (No. 2650), ss. 36, 37, 46, 104, 118, 141.

Melbourne Harbour Trust — Regulations — Power of Commissioners to make — Bringing liquor on to wharf except for purpose of import or export — Liquor brought on to wharf for consumption by persons on ship — Offence — Melbourne Harbour Trust Act 1915 (No. 2697), s. 138.

Transfer of land — Caveat, removal of — Practice — Certificate deposited with caveator — Equitable mortgage — Form of caveat — Transfer of Land Act 1915 (No. 2740), ss. 183, 184 — Transfer of Land Act 1916 (No. 2849), s. 12.

Geelong Harbour Trust — Abattoir — Harbour Trust Commissioners permitting stock to be slaughtered in their abattoir by or for retail butcher for sale within Geelong meat area within 48 hours from slaughter — No consent of municipality of Geelong — Dues payable to municipality — Liability of Harbour Trust to pay — "Permit," meaning of — Parties — Attorney-General — Plaintiff specially affected — Injunction — Construction of Statute — Punctuation — Geelong Harbour Trust Act 1915 (No. 2660), s. 47 (6)..

Company — List of contributories — Removal of name — Infant — Application for shares by father on behalf of infant — Non-disclosure of infancy — Device to avoid liability — Repudiation by infant — Whether father liable as contributory — Practice — Time within which application to remove name may be made — "Apply by summons," meaning of — Rules of the Supreme Court 1916 (Companies), rr. 65, 66.

Divorce — Insolvency — Damages — Order for payment into Court — Failure to pay damages into Court — Contempt of Court — Attachment for non-payment of damages — Application for release — "Debt or demand provable in insolvency" — "Creditor" — Insolvent's right to an absolute or conditional order for discharge — Stay of "execution of any ... process against the person" — Marriage Act 1915 (No. 2691), s. 148 — Insolvency Act 1915 (No. 2671), ss. 173, 175, 180, 186.

Local government — City of Footscray — By-laws, power to make — Regulating and restraining the erection and construction of buildings — By-law prohibiting intended uses of building on site not previously approved by council — Whether building regulation — Unfettered discretion in council to prohibit — Whether by-law ultra vires — Unreasonableness — Local Government Act 1915 (No. 2686), ss. 197 (1), (2), (10); 198 (1) (a), (3) (f), 232; Local Government Act 1921 (No. 3167), s. 10.

Workers' compensation — Claim for compensation — Claim not made within four months from accident or death — Failure to give notice within four months — "Reasonable cause" — Extreme infancy of applicant — No person under obligation to give notice for applicant — Workers' Compensation Act 1915 (No. 2750), s. 11.

Divorce — Desertion — Constructive desertion — Intention to terminate the matrimonial relationship — What conduct amounts to constructive desertion — Actual intention — Imputed intention — "Just cause or excuse" — Distinction between conduct amounting to desertion and conduct amounting to just cause or excuse — Evidence — Corroboration — When necessary — Marriage Act 1915 (No. 2691), ss. 122 (a), 127.

Criminal law — Charge of murder — Verdict of not guilty of murder, but guilty of manslaughter — Insufficient direction to jury as to manslaughter — No proper opportunity of defence to charge of manslaughter — Substantial miscarriage of justice — New trial on charge of manslaughter only — Crimes Act 1915 (No. 2637), ss. 3, 5, 593, 594.

Factories and shops — "Occupier of a factory" — Owner of chaffcutter — Chaffcutter without sufficient guard — Whether owner of chaffcutter liable as occupier of factory — Owner not operating chaffcutter — Factories and Shops Act 1915 (No. 2650), ss. 59, 61 — Factories and Shops Act 1922 (No. 3252), s. 8.