The New South Wales Law Reports, 1880-1900, 21. köide

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C.F. Maxwell, 1900
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Page 312 - Signed, sealed, published and declared by Phillip Tarr, the above named testator, as and for his last will and testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed Our Names as Witnesses thereto.
Page 28 - ... and they have been acquiesced in on both sides. These rules are two : the first, that the onus probandi lies in every case upon the party propounding a will, and he must satisfy the conscience of the Court that the instrument so propounded is the last will of a free and capable testator.
Page 351 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.
Page 173 - Case may be, not only to the Value of the Land to be purchased or taken by the Promoters of the Undertaking, but also to the Damage, if any, to be sustained by the Owner of the Lands, by reason of the severing of the Lands taken from the other lands of such Owner, or otherwise injuriously affecting such other Lands by the Exercise of the Powers of this or the special Act, or any Act incorporated therewith.
Page 141 - A fair account of what takes place in a court of justice is privileged. The reason is, that the balance of public benefit from publicity is great. It is of great consequence that the public should know what takes place in court; and the proceedings are under the control of the judges. The inconvenience, therefore, arising from the chance of injury to private character is infinitesimally small...
Page 185 - The principle is this : a mortgage is a conveyance of land or an assignment of chattels as a security for the payment of a debt, or the discharge of some other obligation for which it is given.
Page 4 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 188 - The appointment of all public offices under the Government of the Colony hereafter to become vacant or to be created whether such offices be salaried or not shall be vested in the Governor with the advice of the Executive Council with the exception of the appointments of the Officers liable to retire from office on political grounds as hereinafter mentioned which appointments shall be vested in the Governor alone...
Page 31 - Every share in any company shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash, unless the same shall have been otherwise determined by a contract duly made in writing, and filed with the Registrar of Joint Stock Companies at or before the issue of such shares.
Page 28 - All that can be truly said is, that if a person, whether attorney or not, prepares a will with a legacy to himself, it is at most a suspicious circumstance of more or less weight, according to the facts of each particular case...

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