Rudolph & Co., Union Government (Minister of Public Works) v. 815 Sliom v. Wallach's Printing & Publishing Co., Ltd... 650 Smith v. Pretoria Municipality 620 South African Industrial Union v. Registrar of Trade Unions 703 South African Mine Workers' Union, Ford v. 405 South African Mine Workers' Union v. Ford 919 South African Toilet Requisite Co., Liquidator of, v. The Master 133 596 Union & Rhodesia Wholesale, Ltd. (in liquidation), Albertijn v. 455 577 Union Government, Lavoipierre v. 47 Union Government (Minister of Public Works) v. Rudolph & Co. 815 Union Government v. Modderfontein B Gold Mines, Ltd. West, Ex parte 377 West Rand Proprietary Mines and Another, Buitendach and Others v. 745, 886 roll-Attorney- ADVOCATE-Admission-Application by attorney on 665 Six weeks notice to Registrar-Screening-Rule of Court 163— 772 ANIMALS Stock diseases-Inoculation against anthrax-Fixing time within 269 APPEAL Committal of inebriate-By magistrate-Act 13 of 1911, sec. 848 Final or interlocutory order. See Practice 577 Money judgment-Right of execution pending appeal-Departure 359 Time for prosecuting elapsed-Leave to set down. Parker Wood & Co. ASIATIC-Immigration-Immigrants' Appeal Board-Act 22 of 1913, secs. 66 Registration certificate-Procurement by fraud-Innocence of holder ASSIGNMENT-Lease-Consent See Insolvency 637 819 71 of lessor-Sale in execution. Allison's 93 184 TP ATTORNEY-Admission-Application by advocate on roll-Practice- Entitled to admission as advocate LL.B. degree of London University-Proof-Proc. 14 of 1902, sec. 11 (e)—Act 19 of 1921, secs. 1, 2. Ex parte van der Bergh Notice to Law Society-Waiver Power of court to dispense with-Ord. (Pr.) 1 of 1905, sec. 24" Practising as advocate "--Public servant admitted as advocate-Appearance for Crown in Supreme Court-Receipt of salary-Absence of fees-Proc. 14 of 1902, sec. 11 (e) -Delegate of Attorney-General in Supreme Court-Whether includes person not an advocate-Act 31 of 1917, sec. 8. Ex parte Hoat .. Misappropriation of trust moneys-Striking off rolls of attorneys, notaries and conveyancers-Reinstatement-Guiding principles-Reformation-Lapse of time-Restitution of moneys misappropriated. Webb v. The Incorporated Law Society BASTARD-Child born during marriage—Illegitimacy-Proof by non-access See Practice CESSION-Of rentals of lease. See Landlord and tenant Prohibition against cession of lease without landlord's consent— .. Proof of. Albertijn v. Union & Rhodesia Wholesale Ltd. (in Liquidation) COMPANY-Dividend tax. See Revenue of local Ex parte United African 268 Liquidation-Foreign liquidator-Recognition-Absence creditors Dispensing with usual conditions. Lands, Ltd. Form of order-Voluntary liquidation— Official liquidation. Ex parte Liquidator Transvaalsche Handelsbank.. Remuneration of liquidator-Taxation by master-Prescribed fees under sec. 125 (7) of Act 31 of 1909 and Table of Fees, paragraphs II B (i), II B (ii)-Discretion of master under-Extra remuneration -Practice of master-Review of master's taxation-Powers of Court on review. Liquidator, South African Toilet Requisite Co., Ltd. v. The Master Removal of name from register-Restoration-Practice-Act 31 of 1909, secs. 26, 59, 196. Ex parte Herr, In re Brakpan Universal Suppliers 769 133 Ltd. Tax. See Revenue 387 334 OMPANY-Winding-up-"Just and equitable”—ground—Act 31 of 1909, sec. 112 (vii)-Private company-Deadlock between directors--Casting vote Fraudulent and oppressive conduct-Meetings of shareholdersQuorum-Whether one shareholder can constitute quorum-Special resolution-Act 31 of 1909, sec. 67, and Art. 60 of Table A-Setting aside resolution as illegal and void. Miller v. Black & Black & Co., Ltd. Voluntary winding-up and winding-up by Court comparer. Himmelhoch v. Fresh Milk & Butter Supply Co., Ltd. (in Liquidation) and Others CONFESSION. See Evidence CONSTITUTIONAL LAW-Provincial Council-Ultra vires-Ord. 5 of 1919 PAGE 832 958 See Provincial council 415 756, 939 Non-per 709 679 CONTRACT-Breach of Cancellation Justification - Test Compared with tort. See Hewat v. Rendel Illegality-Enforcing demand connected with illegal transaction- Lease Rental-Agreement to pay to third party-ConstructionAdjecta solutionis gratia persona-Mandatory of lessor to receive pay. ment Cession to third party-Stipulation for benefit of, third partyAdoption of stipulation-Quantum of proof, where interest of third party purely beneficial. Estate Greenberg v. Rosenberg and Greenberg Suretyship Construction of verbal guarantee-Conditional offer of guarantee Necessity for acceptance-Unconditional guarantee. Bouwer v. Lichtenburg Co-operative Society Wife's purchase of household necessaries. See Husband and wife.. CORPORATION-Society-Judgment against society-Personal liability of member of society thereon. Vorster v. John Jack Ltd. COSTS Attacking validity of Provincial Ordinance which empowers a municipality to make by-laws for licensing cycle dealers. Chanani v. Johannesburg Municipality De bonis propriis--Removal of trustee in insolvent estate-Costs as between attorney and client. The Master v. Perl Institution of action-Negotiations for special case-Negotiations abandoned-Action continued-Judgment in action for defendant with costs-Whether costs of abortive negotiations included in judg ment-" Necessary and judicial costs." Union Government v. Modderfontein B. Gold Mines Ltd. Magistrates' court-Higher scale. Tothill v. Foster Municipality-By-law-Conviction for contravening-Appeal. Benoni COSTS-Order as to in connection with application for interlocutory order. Provisional sentence-Claim under £200-Supreme Court or Magistrates' Court Scale. Gillett v. Roberts PAGE. 577 149 Saving of costs by excepting to declaration. See South African Mine See Insolvency See Magistrates' court .793 Whether may be included in compensatory order in criminal case- CRIMINAL LAW-Act 31 of 1917, secs. 41, 46 (1)-Failure to assist policeman in effecting arrest when called upon-Excuse Lameness-Escaping from lawful custody-Meaning of "lawful custody "-Unlawful arrest without warrant. Rex v. Mgwenya Compensation for loss caused by offence-Time to make application for-Act 31 of 1917, sec. 363 (1), Act 26 of 1923, sec. 10 (1)—Differences between-Act 26 of 1923, sec. 10 (1) (c). Rex v. Malota Evidence-Admissibility-Charge of unlawful carnal connection in contravention of sec. 2 (1) of Act 3 of 1916-Details of complaint made three months after connection-Elicited in cross-examination to attack credibility-Re-examination-Evidence tending to show bad character and immoral relationship with other young girls-Elicited in crossexamination to show conspiracy by complainants' family-Re-examination-Prejudice to accused. Rex v. Meyer Confession to police officer, elicited in cross-examination of officer by defence-Admissibility-Act 31 of 1917, sec. 273. Rex v. Nxumalo Forcible comparison of accused's footprints with those at scene of crime-Admissibility of evidence thus obtained-Act 31 of 1917, secs. 273, 274. Rex v. Maleleke False statement maliciously made-Non-judicial enquiry-Act 16 of 1914, sec. 9-Scope of-Öral statement-" Affidavit or solemn or attested declaration "-Act 16 of 1914, sec. 8-Authority of magistrate to administer oath at private enquiry. Rex v. Lubbe Following a female in an insulting manner— "Following "--Interpretation-Native accused-Whether same considerations apply as in case of white accused--Extreme care requisite in trying such chargesAct 38 of 1909, sec. 2 (3). Rex v. Mapumale Fraud-Forged order for liquor-Prejudice-Risk of prosecution for unlawful supplying of liquor to native. Rex v. Seabe Gaming and wagering-" Gambling house "-Interpretation-Public access-Law 6 of 1889, sec. 1. Rex v. Lewis Law 6 of 1889, secs. 1, 4, 7-Law 1 of 1892. 490 790 288 488 390 811 491 845 285 327 106 Rex v. Cohen and Others 135 |