Reports of Cases Determined in the Court of Appeal of New Zealand, Band 1


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Seite 161 - Majesty's Subjects ; and that while I continue to hold the said Office I will to the best of my Skill and Knowledge discharge all the Duties thereof faithfully according to Law.
Seite 275 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Seite 479 - In contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Seite 407 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Seite 107 - ... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not ; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit ; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.
Seite 409 - ... it seems to me there might be considerable difficulty in saying that the ' contrary intention,' to which the act in its 24th section refers, does not appear on the face of the will; but when a bequest is of that which is generic — of that which may be increased or diminished, then, I apprehend, the Wills Act requires something more on the face of the will, for the purpose of indicating such ' contrary intention,' than the mere circumstance that the subject of the bequest is designated by the...
Seite 402 - ... so accused, and that he or his counsel or attorney had a full opportunity of cross-examining the witness, then, if such deposition purport to be signed by the justice by or before whom the same purports to have been taken, it shall be lawful to read such deposition as evidence in such prosecution, without further proof thereof, unless it shall be proved that such deposition was not in fact signed by the justice purporting to sign the same.
Seite 130 - But if A. hath the ripa or bank of the port, the King may not grant a liberty to unlade on that bank or ripa without his consent, unless custom hath made the liberty thereof free to all, as in many places it is ; for that would be a prejudice to the private interest of A., which may not be taken from him without such consent.
Seite 420 - Wellington, calling on the plaintiff to show cause why the verdict found for him should not be set aside, and a new trial granted, on the ground that the learned Judge was wrong in admitting the evidence of HS Tiffen, CH Weber, and W.
Seite 487 - Where any act is required to be done on the one part, so that the party neglecting it would be guilty of a criminal neglect of duty in not having done it, the law presumes the affirmative, and throws the burden of proving the negative on the other side.

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