Reports of Cases Argued and Determined in the Supreme Court of Victoria, 3. köideSands and McDougall, 1867 |
From inside the book
Results 1-5 of 100
Page 27
... Statute ; he performed all conditions on his part which were necessary to its enforcement ; and it has never been denied , but was on the contrary repeatedly recognised in a series of proclamations . These proclamations excused the ...
... Statute ; he performed all conditions on his part which were necessary to its enforcement ; and it has never been denied , but was on the contrary repeatedly recognised in a series of proclamations . These proclamations excused the ...
Page 32
... Statute of Uses , covenants to stand seized , and bargains and sales of land , were enforceable in equity only . That statute converted the equitable into a legal right ; but , as I take it , because the Crown was not before the statute ...
... Statute of Uses , covenants to stand seized , and bargains and sales of land , were enforceable in equity only . That statute converted the equitable into a legal right ; but , as I take it , because the Crown was not before the statute ...
Page 34
... statute , 5 and 6 Vic . , cap . xxxvi , bearing on the subject . By that statute , all alienations of waste lands of the Crown for any estate were prohibited , unless by sale in manner thereby directed , generally by auction , at a ...
... statute , 5 and 6 Vic . , cap . xxxvi , bearing on the subject . By that statute , all alienations of waste lands of the Crown for any estate were prohibited , unless by sale in manner thereby directed , generally by auction , at a ...
Page 44
... Statutes cited in the course of the judgment seem opposed to that view . Contracts and promises are expressly saved by the Statute , and no others can well be conceived except those made under the Orders in Council . They are treated as ...
... Statutes cited in the course of the judgment seem opposed to that view . Contracts and promises are expressly saved by the Statute , and no others can well be conceived except those made under the Orders in Council . They are treated as ...
Page 46
... statute 24 Vic . , No. 117 , had on the then existing right to occupy the run . On the part of the Appellant it was contended that the effect of the proclamation was to take away absolutely the space proclaimed a com- mon from the run ...
... statute 24 Vic . , No. 117 , had on the then existing right to occupy the run . On the part of the Appellant it was contended that the effect of the proclamation was to take away absolutely the space proclaimed a com- mon from the run ...
Other editions - View all
Common terms and phrases
affidavit agreement alleged amount appeal application Argument assignment authorised Ballarat bank Bank of Victoria bill block claim borough Brann by-laws Castlemaine certificate clause contract costs Court of Equity Court of Mines covenant creditors Crown Cuningham & Macredie DALLIMORE debt declaration decree deed Defendants district entitled equity evidence executed Footscray frontage claim Geelong given Gold-mining Company Golden Point granted ground held Hervey Insolvent J. W. Stephen Judge Judgment jurisdiction JUSTICE MOLESWORTH Keelan KOH-I-NOOR KOH-I-NOOR COMPANY Lamplough Land Act lease liable license Martley Melbourne ment miner's right miners Mining Statute 1865 notice objection obtained occupation Orders in Council owner paid parties payment person petition Petitioner Plaintiffs possession Privy Council proceedings purchase QUEEN question REGINA rent Respondents rule nisi Sandhurst sequestration shares shew STAWELL suit Suppliant testator tion trustees ultra vires Victoria vult Warden William
Popular passages
Page 78 - order of pro" tection be made the wife shall during the continuance " thereof be and be deemed to have been during such " desertion of her in the like position in all respects with " regard to property as she would be
Page 6 - such ships or vessels have had, and have been used and " accustomed to have, and of right have had, and still of "right ought to have, for themselves and their servants, " the liberty and privilege of loading and placing on the " deck of such ships or vessels a reasonable
Page 78 - tion which she may acquire or which may come to or " devolve upon her and such property may be disposed of " by her in all respects as a feme sole.
Page 96 - and maliciously commit any damage, injury or spoil, " to or upon any real or personal property whatsoever, " either of a public or private nature, for which no
Page 78 - of judicial separation the wife shall from the date of the " decree and whilst the separation continues be considered " as a feme sole with respect to property of every descrip
Page 46 - and that, subject to such servitude, the rights of the occupier continued to exist undiminished over the whole run. But in the view we take of the case, it is not necessary to decide this question.
Page 153 - such as may fairly and reasonably be supposed to have been in the contemplation of the parties at the time the contract was made, as the probable result of its breach.
Page 19 - the same force and effect, to all intents and purposes, "as if no such repeal had taken place
Page 89 - in the name of the company by any person acting under the express or implied authority of the company, the
Page 59 - shall be received in all courts of law and equity as " evidence of the particulars therein set forth, and of their " being entered in the register-book, and shall