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action administration affidavit agreement alleged allowed amount Ante Vol appears application assignment Attorney Attorney-General authorised Ballarat bank bill certificate cheque claim common law consent contract costs Court of Equity creditors Crown damages debt deed defendant defendant's demurrer directed dismissed duty entitled equity evidence executed executors facts forfeiture fraud George Martin gift inter vivos granted ground Higinbotham Holroyd insolvency issue Judge judgment jurisdiction jury Justice Molesworth Land Statute lease liable license Lonie Marshall matter Melbourne miner's right mining mortgage negligence Neva Stearine nonsuit notice objection obtained offence opinion Order nisi paid parties partnership payment person petitioner plaintiff plea probate proceedings purchase question referred refused registered Registrar residuary estate Rule nisi shares Solicitor Stawell suit summons testator Topp trade mark Transfer of Land trustees verdict Victoria vult Williams writ
Page 434 - ... of the compensation to be paid by the promoters of the undertaking for the interest in such lands belonging to such party, or which he is by this or the special act enabled to sell, or for any damage that may be sustained by him by reason of the execution of the works, the amount of such compensation shall be settled in the manner hereinafter provided for settling cases of disputed compensation.
Page 309 - The law has for many years been settled, and remains so at this day, that where a cause or matters in difference are referred to an arbitrator, whether a lawyer or a layman, he is constituted the sole and final judge of all questions both of law and of fact.
Page 92 - The right to detain for average contribution is derived from the civil law, which also imposes on the master of the ship the duty of having the contribution settled, and of collecting the amount, and the usage has always been substantially in accordance with this law, and has become part of the common law of the land.
Page 236 - It is presumed that the legislature does not intend to deprive the crown of any prerogative right or property unless it expresses its intention to do so in explicit terms or makes the inference irresistible.
Page 54 - That if any Person shall wilfully or maliciously commit any Damage, Injury, or Spoil to or upon any Real or Personal Property whatsoever...
Page 83 - ... satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable thereon, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence has been furnished accordingly.
Page 161 - ... any act, neglect, or default whatsoever of the pilot, master, or mariners in navigating the ship...
Page 90 - Master is not bound to part with any of the cargo, until he has security from each for his proportion of the loss: but there is no authority, that on the ground, that he has a lien to the extent of entitling him to call on every person to give security for the amount of their average when it shall be adjusted, every owner of a part of the cargo can compel *the Captain to...
Page 91 - And in the case of a general ship, where there are many consignees, it is usual for the master, before he delivers the goods, to take a bond from the different merchants for payment of their portions of the average when the same shall be adjusted.
Page 302 - Act, or upon any reference by consent of parties where the submission is or may be made a rule or order of any of the Superior Courts of Law or Equity at Westminster, if he shall think fit, and if it is not provided to the contrary, to state his award, as to the whole or any part thereof, in the form of a special case for the opinion of the Court...