The Australian Law Times, Volume 17Charles F. Maxwell, 1896 - Law |
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Common terms and phrases
a'Beckett action affidavit alleged amount appear application appointed assignment Ballarat Bank Bank of Victoria behalf bill of sale certificate charge cheque Chief Clerk claim contract conviction costs counsel Court Act 1890 creditors Crown debt debtor decision decree nisi deed defendant duty easement Edward Augustus Petherick entitled evidence execution executors fact fendant Full Court garnishee give given Governor-in-Council granted ground held Hodges Holroyd HONOR Hood Insolvency Act 1890 Instruments Act 1890 intended interest judgment judgment debtor jurisdiction jury land liability liquidation Madden matter Melbourne ment miner's right mortgage notice objection obtained offence opinion order nisi order to review paid party payment person petitioner Petty Sessions plaintiff prisoner probate proceedings proctor promissory note question received referred rule shares shew Solicitors Stamps Act statement of claim statute summons taxed testator tion transfer trial trustee Victoria Williams words writ
Popular passages
Page 321 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 243 - The business of the company shall be managed by the directors, who may pay all expenses incurred in getting up and registering the company, and may exercise all such powers of the company...
Page 193 - All goods being at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 331 - Any two or more persons, claiming or being liable as copartners, and carrying on business within the jurisdiction, may sue or be sued in the name of the respective firms (if any) of which such persons were co-partners at the time of the accruing of the cause of action...
Page 32 - Ireland without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same...
Page 87 - The insured may by the policy, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or new trustees thereof...
Page 205 - I will to the best of my power cause the peace to be kept and preserved, and...
Page 84 - personal chattels " shall mean goods, furniture, and other articles capable of complete transfer by delivery, and (when separately assigned or charged) fixtures and growing crops, but shall not include chattel interests in real estate, nor fixtures (except trade machinery as herein-after defined), when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, nor growing crops when assigned together with any interest...
Page 200 - In a personal action, to which none of these causes of jurisdiction apply, a decree pronounced in absentem by a foreign court to the jurisdiction of which the defendant has not in any way submitted himself, is by international law an absolute nullity. He is under no obligation of any kind to obey it; and it must be regarded as a mere nullity by the courts of every nation except (when authorized by special local legislation) in the country of the forum by which it was pronounced.
Page 193 - includes money, goods, things in action, land, and every description of property, whether real or personal and whether situate in England or elsewhere ; also, obligations, easements, and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined : " Resolution