The New South Wales Law Reports, 1880-1900, 13. köideC.F. Maxwell, 1892 |
From inside the book
Results 6-10 of 47
Page 53
... decided that land bounded on one side by a river was within the Act , but his Honour was wrong . Many creeks and rivers are dry for long periods , and some are hardly distinguishable as such , and a traveller crossing such a river might ...
... decided that land bounded on one side by a river was within the Act , but his Honour was wrong . Many creeks and rivers are dry for long periods , and some are hardly distinguishable as such , and a traveller crossing such a river might ...
Page 55
... decided . The Act is a penal one , and must be construed strictly . Upon the first ground , however , that there was a claim of right sufficient to oust the jurisdiction of the Magistrates , I am inclined to think that on this ground ...
... decided . The Act is a penal one , and must be construed strictly . Upon the first ground , however , that there was a claim of right sufficient to oust the jurisdiction of the Magistrates , I am inclined to think that on this ground ...
Page 70
... decided in the case of Corti v . Palser ( 1 ) , cited by Mr. Cohen , that although a deed of assignment may not operate under the Act , it may still be a perfectly good conveyance at common law , the effect being that , the moment the ...
... decided in the case of Corti v . Palser ( 1 ) , cited by Mr. Cohen , that although a deed of assignment may not operate under the Act , it may still be a perfectly good conveyance at common law , the effect being that , the moment the ...
Page 78
... decided that these people did indeed go away on that day , and that their leaving was a leaving with intent to defeat and delay creditors . The respondents are in this position : they come to Court and say we undertake to satisfy the ...
... decided that these people did indeed go away on that day , and that their leaving was a leaving with intent to defeat and delay creditors . The respondents are in this position : they come to Court and say we undertake to satisfy the ...
Page 83
... decided in the case of In re Wright ( 6 ) , which case has , I understand , been followed in the Bankruptcy Court ; but the point has not arisen in this Court , and , if it were necessary now to decide the point , the Court might have ...
... decided in the case of In re Wright ( 6 ) , which case has , I understand , been followed in the Bankruptcy Court ; but the point has not arisen in this Court , and , if it were necessary now to decide the point , the Court might have ...
Common terms and phrases
action affidavit agreement alleged amount ANGLO appears application Attorney Attorney-General AUSTRALIAN Balranald bank bankruptcy betting houses bill Bruce Smith C.J. Eq cablegram called caveat certificate CHIEF JUSTICE claim colony common conditional purchase contract costs Court Court of Equity creditors Crown Lands Act deed defendant depositors directors Dubbo England entitled evidence fact fraud give ground Gunthorp held holder Honour Hotel Company Innes insolvent INVESTMENT issue judgment Julian Salomons jury KILKIVAN Land Company lease liabilities Lingen liquidator maizena matter Melbourne memorandum of association MUNICIPAL Niebel notice object old company Onslow opinion OWEN paid parties payment person Pitt Town plaintiff plea possession prisoner proceedings question referred refused registered resolution respect respondent says shareholders shares shew Solicitors South Wales Stephen suit Sydney testator Thomas Welbourne THORLEY trade mark trial trustees ultra vires Windeyer words
Popular passages
Page 46 - ... 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 shall be enforced by Courts of justice. Therefore, you have this paramount public policy to consider — that you are not lightly to interfere with this freedom of contract.
Page 44 - 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 contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice.
Page 248 - ... assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any...
Page 185 - 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...
Page 98 - Act, in any employment, occupation, or trade in which she is engaged, or which she carries on separately from her husband, and also any money or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all investments of such wages, earnings, money or property, shall bo deemed and taken to be property held and settled to her separate use, independent of any husband to whom she may be married, and her receipts alone shall be a good discharge for such wages,...
Page 184 - 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 152 - ... and is hereby empowered either to direct that the judgment, decree, order, or sentence appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said appeal...
Page 219 - This doctrine ought to be reasonably, and not unreasonably, understood and applied, and that whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorized, ought not, unless expressly prohibited, to be held, by judicial construction, to be ultra vires.
Page 11 - ... unhesitating and unqualified adhesion. But the decision in that case has no application to the present. The position, that an order of the House of Commons cannot render lawful that which is contrary to law, still less that a resolution of the House can supersede the jurisdiction of a court of law by clothing an unwarranted exercise of power with the garb of privilege, can have no application where the question is, not whether the act complained of, being unlawful at law, is rendered lawful by...
Page 12 - Whatever disadvantages attach to a system of unwritten law, and of these we are fully sensible, it has at least this advantage, that its elasticity enables those who administer it to adapt it to the varying conditions of society, and to the requirements and habits of the age in which we live, so as to avoid the inconsistencies and injustice which arise when the law is no longer in harmony with the wants and usages and interests of the generation to which it is immediately applied.