Reports of Cases Argued and Determined in the Supreme Court of New South Wales, Band 14J.J. Moore, 1893 |
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A. S. N. COMPANY action adverse possession affidavit Alfred Stephen alleged appears application bill of lading Brisbane by-law charged Chief Commissioner Chief Justice Church and Hills cited CITY BANK claim colony common law contended contract conviction costs Court creditors Crown damages Darling Downs debt decision declaration defendant directed discharged domicil election entitled evidence Faucett given granted ground Hankey Hargrave held horses Isle of Skye John Donald McLean joint Judge judgment jurisdiction land legal estate Legislature LETHBRIDGE liable Lord Messrs Murrumburrah objection official assignee opinion ORIENTAL BANK owner paid parties partner partnership payment person plaintiff plea possession prisoner prohibition purchased purpose QUEEN Queensland question Quiraing Railway Company reference residence road rule nisi sell shew ship show cause Sir James Martin South Wales statute Sydney taken Townsville Treeve trial trustees Underwood verdict vessel Westbrook wife words
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Seite 46 - Canada, to be paid to the said sheriff or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves and each and every of us in the whole, our and each and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals.
Seite 112 - A maritime lien is the foundation of the proceeding in rem, a process to make perfect a right inchoate from the moment the lien attaches ; and whilst it must be admitted that where such a lien exists, a proceeding in rem may be had, it will be found to be equally true, that in all cases where a proceeding in rem is the proper course, there a maritime lien exists, which gives a privilege or claim upon the thing, to be carried into effect by legal process.
Seite 236 - ... years next after the time at which the right to make such entry or distress, or to bring such action shall have first accrued to some person through whom he claims, or if such right shall not have accrued to any person through whom he claims, then within...
Seite 112 - A maritime lien does not include or require possession. The word is used in Maritime Law not in the strict legal sense in which we understand it in Courts of Common Law, in which case there could be no lien where there was no possession, actual or constructive; but to express, as if by analogy, the nature of claims which neither pre-suppose nor originate in possession.
Seite 375 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Seite 11 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Seite 236 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Seite 124 - ... level crossing over any such road, should be kept closed across the railway, to order that such gates shall be kept so closed, instead of across the road, and in such case such gates shall be kept constantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road, in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road.
Seite 347 - ... within the space of six calendar months from the first to the last of such acts...
Seite 123 - If the railway cross any turnpike road or public carriage road on a level, the company shall erect and at all times maintain good and sufficient gates across such road, on each side of the railway where the same shall communicate therewith, and shall employ proper persons to open and shut such gates : and such gates shall be kept constantly closed across such road on both sides of the...