The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 4Butterworth & Company (Australia) Limited |
Other editions - View all
Common terms and phrases
A'Beckett action affidavit alleged allowed appeal application assignee Attorney-General Attorneys Ballarat bank bill of sale borough certificate certiorari claim colony common law contended contract costs council court of equity Court of Mines creditors Crown damages debt decision decree defendant demurrer entitled equity Ettershank evidence facts fee simple fendant forfeiture gaol Geelong give given granted ground held Higinbotham Holroyd HONOUR injunction insolvent interest issued judge judgment jury Justice BARRY Justice Fellows Justice Molesworth land lease liable marriage matter Melbourne ment nonsuit notice objection offence opinion paid parties payment penal servitude person petitioner plaintiff plea possession prisoner Privy Council proceedings question refused registrar rent respondent rule nisi sect sentence settlor shire showed cause Solicitors South Melbourne South Wales Statute stay of proceedings suit summons Supreme Court tion trial trustees verdict Vict warden Webb Williams
Popular passages
Page 214 - When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off. They become good husbands and good wives from the necessity of remaining husbands and wives ; for necessity is a powerful master in teaching the duties which it imposes.
Page 147 - The knowledge must be brought home to the party sought to be charged, under such circumstances that he must know that the person he contracts with reasonably believes that he accepts the contract with the special condition attached to it.
Page 213 - To vindicate the policy of the law is no necessary part of the office of a judge ; but if it were, it would not be difficult to show that the law in this respect has acted with its usual wisdom and humanity, with that true wisdom, and that real humanity, that regards the general interests of mankind. For though in particular cases the repugnance of the law to dissolve the obligations of matrimonial cohabitation may operate with great severity upon individuals, yet it must be carefully remembered...
Page 239 - ... and not a definition of the term. There must be a residence freely chosen, and not prescribed or dictated by any external necessity, such as the duties of office, the demands of creditors, or the relief from illness; and it must be residence fixed not for a limited period or particular purpose, but general and indefinite in its future contemplation. It is true that residence originally temporary, or intended for a limited period, may afterwards become general and unlimited, and in such a case...
Page 311 - Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely...
Page 51 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing, or in the pursuit of game ; but that every such trespass shall be punishable in the same manner as before the passing of this act.
Page 321 - ... rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses, if any, necessary to maintain them in a state to command such rent...
Page 118 - ... and shall have employed or shall employ any persons to compose the same, or any volumes, parts, essays, articles, or portions thereof, for publication in or as part of the same...
Page 5 - Vice-admiralty touching the claim of a master to wages any right of set-off or counter-claim is set up, it shall be lawful for such court to enter into and adjudicate upon all questions and to settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and to direct payment of any balance which is found to be due.
Page 201 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...