Reports of Cases Argued and Determined in the Supreme Court of Victoria, 3. köideSands and McDougall, 1867 |
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Page 21
... provision whatever for determining or limiting the numbers which anybody else might put on , so as to protect the commoners from surcharge . I therefore think it contemplated no other beasts than those of commoners being admitted ...
... provision whatever for determining or limiting the numbers which anybody else might put on , so as to protect the commoners from surcharge . I therefore think it contemplated no other beasts than those of commoners being admitted ...
Page 28
... provisions are beyond the scope of the powers conferred by the Imperial Act on the Colonial Legislature . We therefore submit that the only Act which purported to deprive the petitioners of their rights was ultra vires , and that assum ...
... provisions are beyond the scope of the powers conferred by the Imperial Act on the Colonial Legislature . We therefore submit that the only Act which purported to deprive the petitioners of their rights was ultra vires , and that assum ...
Page 29
... provisions of the leases and right of renewal : —Mundy v . Joliffe ( f ) , Price v . Assheton ( g ) , Lillie v . Legh ( h ) , Platt on Leases , 706 ; Clinan v . Cooke ( j ) . As to legislation being ultra vires - Fenton v . Hampton ( k ) ...
... provisions of the leases and right of renewal : —Mundy v . Joliffe ( f ) , Price v . Assheton ( g ) , Lillie v . Legh ( h ) , Platt on Leases , 706 ; Clinan v . Cooke ( j ) . As to legislation being ultra vires - Fenton v . Hampton ( k ) ...
Page 34
... provision . for measuring the rent according to the number of cattle or sheep which the run could carry by a plan of arbitra- tion - excluding all others , but giving the lessee a right of purchase at a price to be fixed by the Governor ...
... provision . for measuring the rent according to the number of cattle or sheep which the run could carry by a plan of arbitra- tion - excluding all others , but giving the lessee a right of purchase at a price to be fixed by the Governor ...
Page 39
... provision in an Act of our Legis- DALLIMORR lature . But that Act may be considered as a Parliamen- tary contract , to which of course the Crown was an assent- ing party . It , in section 80 , contained a provision substi- tuting an ...
... provision in an Act of our Legis- DALLIMORR lature . But that Act may be considered as a Parliamen- tary contract , to which of course the Crown was an assent- ing party . It , in section 80 , contained a provision substi- tuting an ...
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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