-of Insolvent Estate. See Insolvency Act 1890. Re Charsley, 130. Removal of Wreck, Expenses of-See Marine Act 1890. Wilson r. Howard Smith and Sons Ltd., 188. Rent, Person for the time being entitled to receive -See Health Act 1890. Town of Port Melbourne v. Permanent Savings Building Society of Port Melbourne, 64. Reply, Amendment of-See Practice. Real Estate &c. Bank v. Cromie, 41. Representative Order See Practice. Trustees Erecutors and Agency Coy. Ltd. v. Sparling, 34. Recission See Sale of Goods. Robinson v. Abbott, 101. Res judicata, Time for proving plea of - See Estoppel. Sawtell v. Gay, 48. Resolution, Power of Court of Insolvency to Cancel, on the ground of Fraud. See Insolvency Act 1890. In re Cromie, 24.

Resort, Place of Public. See Licen

sing Act 1890. Walshe v. Bedwell, 35. Restraint of Trade, Combination in. See Conspiracy. Taffs v. Beesley,

59.

Retainer, Dispute of-See Supreme
Court Act 1890. In re Woolf; In re
Spillane, 134.
Review, Order to-See Justices Act
1890.

River, Creek or Stream. See Fisheries

Act 1890. Steele v. Osboldstone, 152. Road, Cutting down - See Land. Adam v. Town of Brunswick, 66.

-Disturbing Soil of-See Local Government Act 1890. Hodgson v. Henderson, 9.

-through private land, Obligation to Fence-Dedication of -See Local Government Act 1890. Howlett v. Shire of Tambo, 223. Sale of Land Principal and Agent-Sale on commission-Limited authority to sell-Sale for smaller sum -Introduction of purchaser-Claim for commission—A. authorised B., a commission agent, to sell certain land of A's. at £6 per acre, and not less. B. mentioned the name of C. as a possible purchaser, and advised A. to sell to him at £4 10s. an acre, but A. declined to do so. Subsequently B.

1890.

told C. that the land was in the mar- Separation, Deed of-See Marriket, and that he had it for sale. C. age Act 1890. Synnot v. Synnot, 127. offered £4 5s. an acre for it, but B. -Judicial said that A. would not sell it at that. See Marriage Act A. afterwards sold the land by private contract to C. at £4 7s. 6d. per acre. Held, that B. was not entitled to commission on the sale. Groom v. Kindellan, 20.

Sale of Land before Rate struck See Local Government Act 1891. Shire of Benalla v. Hughen, 151.

Sale of Goods Solicitor and client-Sale by solicitor of his property to client - Non-disclosure by solicitor-Absence of fraud - Duty of solicitor - Remedy of client Rescission - Indemnity Lapse of time Acquiescence. A solicitor having been asked by a client to make a safe investment of certain money for her induced her to purchase shares in a company of which he was the owner. There was no fraud on the part of the solicitor, but he did not disclose to the client that the shares she was buying belonged to him, The company did not turn out a success, and went into liquidation. The client did not find out until a year after the sale that the shares belonged to the solicitor, and did not know until two years more had

elapsed that she had any remedy,

whereupon she brought an action to
obtain that remedy. Held by the
Court (dubitante Williams, J.),
affirming the decision of Holroyd,
J., that the client was entitled to
a return of the purchase money
paid for the shares, to the calls
paid on the shares, and to an in-
demnity by the solicitor against all
future liability in respect of the
shares. By Madden, C.J.:
A per-
son cannot acquiesce in a wrong which
has been done to him, unless he
knows that he has a remedy for that
wrong. By Madden, C.J. and
a'Beckett, J. The remedy of rescis-
sion or its equivalent may be given
not only in cases of fraud, but also in
the case of an innocent misrepresenta-
tion or omission to disclose by a per-
son who is under a duty to make full
disclosures, even though as in this
case, that person by reason of the li-
quidation of the company, and the
shares having become valueless, can-
not be put into the same position as
he was in before the contract was
made. By Madden, C.J.: The solici-
tor became, under the circumstances,
a trustee for his client of the money
paid to him, and therefore, he was
liable to indemnify her against loss.
Robinson v. Abbott, 101.

Seaworthiness of Ship-See
Marine Act 1890. Kilpatrick v.
Huddart Parker and Coy., Ltd., 210.

Securities, Change of, and Time to value-See Guarantee. Bank of Victoria v Smith, 92.

Sequestration - See Insolvency

Act 1890.

Service of Complaint - See Justices Act 1890. Shamrock Brewing &c. Coy. v. Schomann, 5.

of Petition in Divorce in Long Vacation-See Practice. Nolan v. Nolan, 134.

out of the jurisdiction -See Justices Act 1890. Dunn v. Roberts, 217.

-Substituted--See Instruments Act 1890. Noonan v. Townsend, 133 Set-off of Costs of one party against Costs and Damages allowed to the other party See Practice. Speight v. Syme, 85. Settlement See Justices Act 1890. Foster Brewing Coy. Ltd. v. Youl, 183.

-

Ante-nuptial-See Insolvency. Michael v. Thompson. 124.

-Voluntary, and to defeat creditors-See Transfer of Land Act 1890. Rowe v. Equity Trustees &c. Coy., Ltd., 194.

Setting aside Interrogatories See Practice. Stibbard v. Dominion Banking &c. Corporation, Ltd., 222.

Shares, Forfeiture of-See Companies Act 1890. Dalrymple v. Prince of Wales &c. Coy., 168.

-held in a representative capacity - See Companies Act 1890. McLaughlin v. Bank of Victoria, 54.

-Investments in- See Insolvency Act 1890. In re Davies, 121. Sheriff, Sale by-See Transfer of Land Act 1890. Rowe v. Equity Trustees &c. Coy. Ltd., 194. Ship, Seaworthiness of-See Marine Huddart Act 1890. Kilpatrick v. Parker and Co. Ltd., 210. Signature of Will placed among words of attestation clause-See Wills Act 1890. In the will of Lennox, 19. Signature of Notice of Appeal by Solicitor-See Local Government Act 1890. Australian Freehold Land &c. v. Shire of Goulburn, 225.

to Writ See Practice. Harris v. Gleeson, 129. Solicitor-Semble, that a solicitor who foments litigation in order to serve a purpose of his own and knows that the litigation is both frivolous and vexatious, and that it is brought mala fide without any expectation of a favourable result, but merely to

--Signature of Notice of Appeal by-See Local Government Act 1890. Australian Freehold Land &c., Coy. v. Shire of Goulburn, 225.

-Costs of--See Insolvency Act 1890. In re Stiles, 209.

and Barrister, Admission of-See Legal Profession Practice Act 1895. In re Whittle, 180.

and Client-See Contract.

Craig v. Roberts, 2.

this amending Act," in s. 6 (1) of the Stamps Act 1892, refer to sub-section (2), and not to s. 8. The latter section does not apply to promissory notes made after 1892, but is to be treated as an extension of s. 87 (4) of the Stamps Act 1890. Preacher v. Edgerton, 28.

Stay of Action for Accounts See Insolvency Act 1890. Setter v. Bell, 5.

Still, Meaning of-See Customs and Excise Duties Act 1890. McGregor v. Christie, 141.

Stock Mortgage See Instruments Act 1890. Anderson v. Carter, 49.

Storage of Goods-See Contract. McCulloch Carrying Coy. v. Victorian Railways Commissioners, 203.

-See Sale of Goods. Robinson Straw, Man of v. Abbott, 101.

-See Supreme Court Act 1890. In re Woolf; In re Spillane, 134.

Gift by client to solicitor-A solicitor cannot take a gift from his client, while the relation of solicitor and client exists between them. B. owned certain land in Ireland, which she wished to sell. She promised to give R. & Co., a firm of solicitors in Ireland, commission on effecting a sale, as agents for O'H. who was B's solicitor in Melbourne on condition that R. & Co. should pay half that commission to O'H. The sale was effected by R. and Co. and B., being under the impression that R. & Co. had charged no commission on the sale, paid half the amount of the commission to O'H. It afterwards appeared that R. & Co. charged as "solicitor's fees per scale," under the Solicitors Remuneration Act 1881 (44 & 45 Vict. c. 44), as much as would have been paid as commission on the sale. Held, that the sum paid by B. to O'H. was a gift, and should be repaid by O'H. to B. O'Hea v. Black, 119. Specially Endorsed Writ-See Practice.

Specification, Interpretation of

See Patent. Merrilees v. Rhodes, 219. Spirits, Sale of, by holder of Colonial Wine License. See Licensing Act 1890. Webb v. Smith, 186. Stamps Act 1890 (No. 1140), ss. 68, 89-Stamps Act 1892 (No. 1274) Schedule, heading VIII. (2). Whether an assignment for the benefit of creditors requires a stamp either as being a receipt or a settlement, quare. Foster Brewing Co. Ltd. v. Youl, 183.

-ss. 77, 87, (4)-Stamps Act 1892, (No. 1274), ss. 6, 7, 8-Stamp -Promissory note-Impressed stamp -Bona fide holder for value. Every promissory note made in Victoria after 1892, must be stamped with an impressed stamp. The saving words

66

except as otherwise provided in

- See Transfer of Land Act 1890. L. Stevenson and Sons Ltd. v. Brind, 166.

Stream, River or Creek See
Fisheries Act 1890. Steele v. Osbold-
stone, 152.
See In-
Substituted Service
struments Act 1890. Noonan v.
Townsend, 133.
Sub-tenant See Landlord and
Tenant Act 1890. Trustees Executors
Sc. Coy. v. De Faro, 21.
Summons, Non-Transmission of-
See Justices Act 1890. Sweetnam v.
Clark, 37.

Sunday, Sale of Liquor on - See Licensing Act 1890. Irwin v. Poyntz,

18.

Superannuation Allowance, Mode of Computing- See Public Service Act 1890. Bristow v. The Queen, 147, 171.

Supreme Court Act 1890 s. 20See Practice (Probate). Re Milne, 68.

-ss. 20, 21-Administration and Probate Act 1890, s. 26-Commission The to trustee-Summary order. Court has no jurisdiction under s. 21 of the Supreme Court Act 1890 to make a summary order that a trustee, as distinguished from an executor or administrator, may pass his accounts and be allowed commission under s. 26 of the Administration and Probate Act 1890. In re Clements, 51. Client

-s. 218-Solicitor Taxation of costs-Dispute of retainer -Affidavit. Where a client has obtained the common order to tax, he cannot, by baldly stating that he disputes the retainer, deprive the Court of its jurisdiction to make an order under s. 218 of the Supreme Court Act 1890. In the Matter of Joseph Woolf and his Bills of Costs against Thomas Spillane, 134.

s. 231-Appeal to Privy Council-Final leave to appeal --Where leave to appeal to the Privy Council is given under the Supreme Court Act

1890, and not under the Orders in Council, a motion for final leave and liberty to appeal is unnecessary. Mul. holland and Smith, 130. Sureties, Dispensing with-See Ad

ministration and Probate Act 1896. In will of Ross, 160.

Surety See Practice. Bank o Australasia v. Mercantile Finance &c. Coy., 57.

Tenancy, Determination of -See
Landlord and Tenant Act 1890.
Cleverdon v. Towsend, 69.
Tenant, Injury to-See Negligence.
De Alba v. Freehold Investment and
Banking Coy., 136.

for Life-See Transfer of Land Act 1890. Black v. Poole, 155 Terms in Action against Company in Liquidation -See Companies Act 1890. De Alba v. Freehold Investment and Banking Coy., 165.

Testamentary capacity-See Practice (Probate). In will of Matthews, 39.

Third Party-See Practice. Bank of Australasia v. Mercantile Finance &c, Coy., 57.

Threats, Injunction to RestrainSee Patents Act 1890. Errington v. Kione, 215.

Trading name-See Insolvency Act 1890. Re De Beere Monte and Coy., 160. Trades Unions Act 1890, (No. 1147), ss. 3, 4-See Conspiracy. Taffs v. Beesley, 59. Transcript, Extension of Time for Delivering See Appeal to Privy Council. Mulholland v. Smith, 161. Transfer of Land Act 1890, (No. 1149), s. 74-Statute of Frauds, s. 4-Action for recovery of land-Parol agreement - Part performance-Adverse possession-"Tenant of land"-Tenancy for life--Registered proprietor. The word "tenant" in the Transfer of Land Act 1890, s. 74, includes a tenant for life. A. was the register proprietor of an allotment of land under the operation of the Transfer of Land Statute. In April 1879, it was agreed between A. and the defendant his wife, that in consideration of her withdrawing certain legal proceedings which she had taken against him by reason of his desertion he would assign the allotment to her for her life. She withdrew the proceedings, and he gave up possession to her, and she continued in exclusive possession thereafter. The agreement was not signed by A. but a document was

produced sent by him for his wife's
signature and apparently a counter-
part of one which he had signed or
intended to sign himself, assigning
the allotment to her for life. In July
1894 the plaintiffs, who were now the
registered proprietors and claimed
under a mortgage from A. brought an
action to recover the land. Held (1)
that the defendant's possession must
be considered to be under the agree
ment, that she was tenant for life of
the land and that there had been
sufficient part performance to take
the case out of the operation of the
Statute of Frauds. (2) That the title
of the plaintiffs as registered owners
was subject to that of the defendant,
she being a "tenant" of the land
within the meaning of the Transfer
of Land Act 1890, s. 74. Robertson
v. Keith, 1 V.R. (Eq) 11, and Sund-
hurst Mutual Building Society v. Gis-
sing, 15 V.L.R., 329, followed.
Black v. Poole, 155.

-s. 103-Assignment for bene-
fit of creditors Stock-in-trade
Lease Rent-Assignment of Lease
Man of Straw-Where a trader as-
signed his property, consisting of his
stock-in-trade and the unexpired lease
of the premises in which he carried on
business, to trustees for the benefit of
his creditors and the trustees took pos.
session of the stock-in-trade and pre-
mises and used the premises for the
purpose of disposing of the stock-in-
trade on them. Held, that although
the lease had not been assigned at law,
a beneficial interest had by their con-
duct passed to the trustees and that
they were justified in retaining money
of the estate to pay rent under the
lease as long as they were unable to
assign the lease or to procure an assign-
ment or so long as it was reasonable
to retain it for the disposition of the
property assigned. Held, also, that if
after the disposition of the stock-in-
trade the trustees were unable to dis-
pose of the lease to a substantial
person, they ought then to have dis-
posed of it to a man of straw to re-
lieve themselves from further liability
thereon. L. Stevenson and Sons Ltd.
v. Brind and another, 166.

--

-s. 139-Sale by sheriff-Regis-
tration of transfer-Prior equitable
interests Estate of purchaser
Voluntary settlement-Not avoided
by subsequent sale by sheriff — 13
Eliz., c. 5--Trust to pay income to
settlor until insolvency Settle-
ment to defeat creditors. Section
139 of the Transfer of Land Act
1890 does not entitle the purchaser
of land at a sale by a sheriff
under a fi. fa. to be registered, and
thereby to defeat prior unregistered
equitable interests in the land. The
purchaser from the sheriff only buys
a charge upon the judgment debtor's
interest in the land. Where land has
been conveyed away by a voluntary
deed of settlement a subsequent sale
by the sheriff under a fi. fa, does not
avoid that voluntary deed. A. sold

certain land and received promissory
notes for the purchase money; he
subsequently by a voluntary deed of
settlement conveyed to a trustee the
money represented by those promis-
sory notes, and "the benefit of all
securities for the same," and the con-
tract of sale, and also his right title
and interest in the moneys and con-
tract. The deed further empowered
the trustee in the name of A. to de-
mand, sue for, recover and give re-
ceipts for the said money, and for
those purposes to execute all neces-
sary instruments. The deed also ap-
pointed the trustee to be A's. at-
torney under power to exercise and
enforce all the rights, powers or
remedies vested in or exercisable by
A. in respect of the contract, to en-
force specific performance thereof, to
abandon, vary or rescind the same,
to re-sell the laud, and for those pur-
poses to execute all instruments and
transfers as the trustee should think
expedient, or as should be necessary,
and generally to execute and do every
deed and thing as fully and effectu-
ally as A. could. Held, that A. only
had left in him the bare legal estate.
A deed of settlement contained a
trust to pay the income to the settlor
during his life, or until he should be-
come insolvent. Held, that the deed
was not on this ground alone void
under 13 Eliz., chap. 5, as being made
with intent to defeat or delay credi-
tors.

Rowe v. The Equity Trustees
Executors and Agency Coy. Ltd. and
another, 194.

Transfer of Shares-Refusal of
company to transfer shares bought at
a sale by a bailiff under an execution.
-See Companies Act 1890. Gunter's
case, 116.

-from Sheriff-See Trans-
fer of Land Act 1890. Rowe v.
Equity Trustees &c. Coy. Ltd., 194.
Trial, Meaning of See Practice.
Marwick v. Orton, 14.

-of Invention-See Patents
Act 1890. Errington v. Krone, 215.
Trust, Notice of See Companies Act
1890. McLaughlin v. Bank of Vic-
toria, 54.

See

Trusts Act 1890, s. 44---Rules of
Supreme Court, Order LII., r. 17-
Petition under the Trusts Act 1890,
for the appointment of a new trustee
-Order made accepting the petition
and appointing a day for hearing.
In re Sinnot, 6.
Undertaking, Meaning of
Companies Act 1890. Young v.
Union Trustee Coy., 16.
Unsound mind, Executor of-
See Practice (Probate). In the will
of Barthold, 157.
User, Prior and Confidential -See
Patent. Merilees v. Rhodes, 219.
Vacation, Service of Petition in
Divorce in Long-See Practice. Volan
v. Nolan, 134.
Venue, Cost of Application to change
-See Practice. Lloyd v Looker, 97.
Voluntary settlement - See

Rowe v.

Transfer of Land Act 1890.
Equity Trustees &c. Coy. Ltd., 194.
Voluntary winding-up See
Companies Act 1890.
Wager See Police Offences Act
1890. Dalley r. Harding, 175.
Warden's Court - Plea of Res
Judicata-See Estoppel. Sawtell v.
Gay, 48.

Wife and Husband-See Marri.
age Act 1890.
Wills Act 1890, (No. 1159) ss. 7, 8-
Probate-Will- Execution Signa-

ture placed among words of attesta-
tion clause-Printed form-Disposi-
tion following signature-Incorpora.
tion. The deceased in making his
will used a printed form, the printed
words being only written on the first.
side of a paper which was folded so
as to have four sides. The printed
form consisted of the formal words
of commencement, then a blank
space, concluding with a clause ap-
pointing executors and the usual
testimonium and attestation clauses,
the names being left in blank. A.,
by direction of the deceased, filled up
the blank space with dispositions of
his property, but had not completed
a sentence when he came to the
printed clause appointing executors.
After the incomplete sentence he
wrote the words "turn over" and the
sentence was completed on the third
side and certain other dispositions
followed it. The second side was
left blank. The whole will was read
over by A. to the deceased, who
signed it, intending to give effect to
the whole document, by writing his
name in the blank space in the
attestation clause. A. and another
person, then attested the will in the
usual way. Held, (1) that the will
was sufficiently executed under the
Wills Act 1890, ss. 7, 8. (2) that the
writing on the third page was suf
ficiently incorporated by reference
and that the whole document might
be admitted to probate. In the
goods of Birt, (L. R., 2 P. & D. 214),
followed. In the Will of Lennox, 19.
Winding up of Company
See Companies Act 1890.
Witnesses, Meaning of term. See
Justices Act 1890. Deasy v. Wilson,
37.

Worship, Place used exclusively for
public-See Local Government Act
1890. Shire of Borung v. Dunstan,
95.

Wreck, Expenses of Removal of-
See Marine Act 1890. Wilson v.
Howard Smith and Sons Ltd., 188.
Writ, Specially Endorsed-See Prac-
tice.