CHARLES F. MAXWELL, LAW PUBLISHER 81 CHANCERY LANE, AND ELIZABETH STREET SYDNEY. ADELAIDE: E. S. WIGG & SONS. LONDON: SWEET & MAXWELL, 8 BELI. YARD TEMPLE BAR. MDCCCLXXXIX. TABLE OF CASES CASES REPORTED IN THIS VOLUME. v. VICTORIA. PAGE. PAGE. Fitzgerald v. Smith 280 | Mills v. Regina 148 Flower v. Foy 109 Neville v. Handley 43 Franklin v. Franklin 194 | Nicholls v. Davis 223 PAGE. Nicholson v. Edwards 43 Abbott v. Bull. -101,188 Goldsbrough, exp, 44 Acton v. Crawford 150 Gorman v. McLellan 51 O'Connor v. Price 151 Aldwell, In re · 280 Grace v. Carrick 144 O'Neill v. President &c. of Annand, re 198 Green v. Commissioners of Mel. Mansfield 14 Antony v. Dillon 231 160 Archard v. Ellerker 196 Greene v. Hoyne 25 Greig and Murray v. Tayior 265 Bailey v. Mayor &c. of Port Peacock v. Wilkins . 217 Melbourne 31,44 Hall, In re Pearl v. Commercial Bank 566 30 Ballantyne v. Raphael 255 Harkness v. Dixon Pearson v. Russell · 132, 209, 272 137 Bannister v. Henderson 203 Harris v. Rowley Peck v. Land Mortgage Bank 26 270 Barnes, exp 267 Hickling v. Todd Penglase, re 251 236 Barnet v. Williams . 213 230 Higginbotham v. Barrett. Peppercorn, In will of 133 Beaumont v. Hochkins 263 Hitchins v. Mayor &c. of Port Perpetual Executors &c. Co. v. Bechtold v. Bechtold 109 Heale 229 Melbourne - 121,277 Blight, re 45 248 Hooke v. Johnston Perry v. Sherlock 277 Bouveret, In the will of Peters v. St. Clair Co. 273 49 Hughes v. Logan 146 Brailsford v. Tobie 239 194 Hussy v. Bank of Australasia Pilley v. Pilley 210 Buchanan v. Smith 270 47 Hyman v. Smith Prahran, Mayor &c. of v. Carter 254 Bushman, re 57 Prahran, Mayor &c. of Butterworth v. Hepburn 22 Goulter 270 James, In the will of 60 | Prahran, of 270 Chambers v. Farrar . 48 Johnson, In re 1 Prahran, of Clarke, In settled estate of 211 Jones, In the will of 185 Kennedy 270 Clurton v. Boyd 253 Jones y, Poore 920 Prahran, tayor, etc., of v. MelColeman, txp 104 bourne Tramway Trust 27,180 Collingwood, re city of 268 Prahran, Mayor, etc., of v. 168 270 Corcoran v. O'Rourke 139 Kilpatrick v. Lang 160 Prahran, Mayor, etc., of v. Coyle, In re Suckling 270 Crough v. Cleary Field 275 Prahran, Mayor, etc., of v. Crozier, re 282 270 Cruickshank, In will of 161 Leithhead v. Hely 225 Pudney v. Strong 109 Cuttance v. Thompson 40 Lobb, In settled estate of 138 209 213 D'Alba v. Tuttle 227 Reade v. Mayor etc., of St. Kilda 97 Dally v. Bellinger 159 Mahony, In settled estate of 162 Rees v. Dunbar 147 Davidson v. Orr 3 Main v. Haskin 276 Reg. v. Archer ; exp kendall 26 Dawson v. Swords 255 Malvern, Local Board of Health Reg. v. Bond; exp Henson 107 Delaney, In settled estate of 23 246 Reg. v. Dickenson ;exp Franklin 114 Dickenson, re 114 Marks v. Penglase 196 Reg. v. Fetherstone; ex'p Levey 1:24 Dilnot v. Hinkley 6 Martin, In freehold land of 212 | Reg. v. Fitzgerald 241 Donaldson v. Noble 37,189 Maude, In re 15 Reg. v. Moloney 185 Dudley v. Brown 1, 172 McAskell, In will of 49 Reg. v. Oliver ; exp Graham 158 McCracken, In will of 204 Reg. v. Panton ; exp Farmer's Elelsten v. Cookson 137 141 Produce Co. 258 115 - 225,246 Reg. v. Paterson ; exp Woofe 155 McEwan v. Povle 202 Reg. v. Quinlan ; e'xp Nantes 203 Federal Land Coy. of Victoria, re 221 McIntyre, In will of 250 Reg. v. Shuter ; xp O'Hehir 116 Federal M. L. Stock Ass. v. Mckendrick v. Lewis - 135,262 Robertson v. Wealth of Nations Donaghy 126 McNeill v. Sutherland 15 G. M. Co. 29 Fink v. Walker 13 Merry, re125 Rodgers v. Gerson 57 Finlay, In re 280 Millar v. Federal Coffee Palace 2:33 Rodgers v. Heymanson 100 Fisher, In the will of 59 Miller v, Turner 186 | Roper, In re 161 114 4 Leake v. : PAGE 255 Ross, In re. Page, Pags. . 227 Toy v. Regina 70 Wright v. Raphael 257 Trustees etc., Co., v. Munro 5 257 Trustees' etc., Co., v. Terrill 162 202 Tuckett v. Blake 11,117 58 Tyrrell v. Stewart 50 TASMANIA. 227 Barwick v. Betts Hill v. Thompson 53 Vagg, Re 176 Hore v. Bellette 154 Victorian Trotting Club, Re 104 Lamb v. Westbrook 7 Vize v. St. Clair Co., 273 173 Lawder v. Swann 49 Sheehan, In re 210 Walker v. Raphael 255 Tyler. v. McArdell Wall, In settled Estate of 140 Watson v. Ritchie 226 Warburton v. Altson 218 240 Ward, Re 103 Waterhouse v. Hanslow 4 13 SOUTH AUSTRALIA. 145 239 268 Glenelg Railway Co., v. Local 187 Board of Unley 2 Woolcott v. Peggie · 36 Hopkins v. Fowler 283 | Wolfe v. Lang - 117,129 Mount Eltie Co., v. Sands 60,98 | Woolstenholm v. Woolhouse 165 | Poulford, In re. 118 55 7 283 10 208 284 206 Salway v. Snowden British Land, etc., Co.,- 214 Thomson v. Equitable Co operate S«.ciety Tilley v. Humphries Toy v. Musgrove 204 206 183 54 In Re ELIZA JOHNSON; PHILLIPS (Caveator). Before Higinbotham C. J. Transfer of Land Statute 1866 (No. 301) sec. 117, 22nd June. Judicature Act 1883 (No. 761), Sec. 10 (7).-Re DUDLEY V. BROWN AND BALFOUR. moval of Careat — When the Full Court is not sitting a Judge in Chambers, if satisfied with the Rules of Supreme Court, 1884, Order XVIII » 2— urgency of the matter, may have and determine an Order XXI y 15-Order XXX r I-Ejectmentapplication to remove a Caveat. Counter claim, where, to an action of ejectment, the Application on behalf of Eliza Johnson calling upon defendant set up a counter-claim for work and labor Thomas William Phillips the caveator to show cause done, &c., such counter-claim was ordered to be why a caveat lodged by him should not be removed. excluded-Costs where application not made under Mr. Shiels to oppose. This application cannot be a general summons for directions. made to a judge in chambers, it must be made by a Application on behalf of the plaintiff calling upon summons obtained from a judge in chambers return the defendants to show cause why their counterclaim able before the Full Court. Exparte Vincent 8, A. L. should not be struck out or excluded on the ground T. 5, Exparte Goldsworthy 8, A. L. T. 181. that it cannot be conveniently disposed of in this action. Mr. Higgins in support. No doubt an application The pleadings in the action were as follows. to remove a caveat should be made by summons returnable before the Full Court when the Full Court is STATEMENT OF CLAIM. sitting but when the Full Court is not sitting it can be 1. The plaintiff is entitled to the possession of two houses of the plaintiff situated on certain allotments of land being made to a judge in chambers Exparte Peck 10 V. L. allotments 1 and 21 of section 2 A parish of Maryborough R. (L) 328; Exparte Davies and Inman 11 V. L. R. and of the two said allotments. 780. The caveat has now lapsed as it is more than a | 2. The plaintiff put the defendants into possession of the said month since the caveat was lodged. two allotments for the purpose of building the said two houses for the plaintiff under and in accordance with the His HONOR said, All that Exparte Vincent and Ex terms of a certain written contract but although the departe Goldsworthy can be taken to have decided is that fendants have built such houses and although the the application to remove a caveat should be made by plaintiff is ready and willing to pay to the defendants such summons returnable before the Full Court; but when sum as may be due to them for building the same under and in accordance with the provisions of the said written a judge in chambers is satisfied as to the urgent nature contract the defendants have refused to deliver up of the matter he may exercise the powers vested in possession of the same and threaten to remove the said him when the Full Court is not sitting. No urgency 3. At the time that the plaintiff so put the defendants into houses bodily from the said allotments of land. has been shown in this case. I may say that I do not possession of the said land as aforesaid the title to the think the caveator has justified his action in lodging said land was in the Crown but prior to the commencement the caveat and the circumstance that the caveat has of this action the Crown granted the said allotments to lapsed since the summons was returnable should not the plaintiff in consideration of a certain sum of money relieve him of the responsibility occasioned by lodging which has been duly paid by the plaintiff to the crown and the plaintiff prior to the commencement of this action the caveat. Although I shall not make any order that held and still holds the treasurer's receipt for the purchase |