The New South Wales Law Reports, 1880-1900, 11. köideC.F. Maxwell, 1890 |
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Page 43
... lease , held ( INNES , J. , dubitante ) , that the sub - tenant cannot be said to claim under the tenant within the meaning of s . 2 of the Tenements Stephen J. Recovery Act , and the owners cannot recover possession of the premises ...
... lease , held ( INNES , J. , dubitante ) , that the sub - tenant cannot be said to claim under the tenant within the meaning of s . 2 of the Tenements Stephen J. Recovery Act , and the owners cannot recover possession of the premises ...
Page 44
... lease from us to the Temperance Society , and that that lease has expired . After the determination of that tenancy we could proceed against the occupier of the premises . They cited Sloane v . Hayes ( 2 ) , In re Milesich ( 3 ) , Cole ...
... lease from us to the Temperance Society , and that that lease has expired . After the determination of that tenancy we could proceed against the occupier of the premises . They cited Sloane v . Hayes ( 2 ) , In re Milesich ( 3 ) , Cole ...
Page 45
... lease I am at a loss to know , for that Fergusson was there dishonestly holding the land against them I have no doubt . The judgment I am about to pronounce , I pronounce with the deepest regret , because I feel that I am giving effect ...
... lease I am at a loss to know , for that Fergusson was there dishonestly holding the land against them I have no doubt . The judgment I am about to pronounce , I pronounce with the deepest regret , because I feel that I am giving effect ...
Page 46
... lease has determined , and C. because he claims under B. But where the sub - lease has , as in this case , expired before the expi- ration of the first lease , and when the tenant's former sub - tenant is holding as against him under ...
... lease has determined , and C. because he claims under B. But where the sub - lease has , as in this case , expired before the expi- ration of the first lease , and when the tenant's former sub - tenant is holding as against him under ...
Page 127
... lease of the leasehold area thereof , which was duly notified on 11th July , 1885 . 3. Within the boundaries of the said leasehold area was a certain parcel of land known as reserve No. 52 , which had been reserved from lease by a ...
... lease of the leasehold area thereof , which was duly notified on 11th July , 1885 . 3. Within the boundaries of the said leasehold area was a certain parcel of land known as reserve No. 52 , which had been reserved from lease by a ...
Common terms and phrases
Act of Parliament action agreement alleged appears application arbitration arrest attorney bank bankruptcy bill of sale borough Brown C.J. Eq Canonbar caveat certificate CHIEF JUSTICE circumstances claim clause colony common law conditional purchase consideration constable contended contract conveyance conviction costs Court of equity covenant creditors Crown lands damages debt decision declaration decree deed defendant entitled evidence executed fact favour felon Foster GEORGE INNES give grant ground held Honour insolvent intention issue Judge judgment jurisdiction jury lease letter liability Lingen Lord Marine Board marriage matter mortgage notice official assignee opinion OWEN paid parties partnership payment person plaintiff possession prisoner promissory note Pyers question reason referred refused Registrar-General respondent rule Salomons shares sheriff shew solicitor South Wales statute Stephen Supreme Court testator transfer trial trust verdict William Alison Windeyer Wingello words
Popular passages
Page 327 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and Moyers v. Memphis. shall be enforced by courts of justice.
Page 149 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 433 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 38 - I AB do solemnly and sincerely declare, that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the Public Health Act, 1848. AB...
Page 21 - The right of a plaintiff in equity to the benefit of the defendant's oath, is limited to a discovery of such material facts as relate to the plaintiff's case, — and does not extend to a discovery of the manner in which the defendant's case is to be established, or to evidence which relates exclusively to his case.
Page 399 - The rule has been established by a long series of decisions in modern times that the question of whether covenants are to be held dependent or independent of each other, is to be determined by the intention and meaning of the parties as it appears on the instrument and by the application of common sense to each particular case ; to which intention when once discovered all technical forms of expression must give way.
Page 140 - It is essential to the exercise of such a power that a testator shall understand the nature of the act and its effects ; shall understand the extent of the property of which he is disposing ; shall be able to comprehend and appreciate the claims to which he ought to give effect ; and, with a view to the latter object, that no disorder of the mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties...
Page 10 - ... is good or bad ; but if they are departing from that power which the law has vested in them ; if they are assuming to themselves a power over property which the law does not give them...
Page 92 - That all laws and statutes in force within the realm of England at the time of the passing of...
Page 125 - No universal rule can be laid down for the " construction of statutes, as to whether mandatory enactments shall be considered " directory only or obligatory, with an implied nullification for disobedience. It is the " duty of courts of justice to try to get at the real intention of the legislature by carefully " attending to the whole scope of the statute to be construed.