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Citation
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Judgment date
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| December 1910 |
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Reported
"Enclosed mining area" requires a fenced enclosure; conviction quashed where no enclosure was proved.
Criminal law – statutory construction – meaning of "enclosed mining area" – requires physical enclosure (fence) – provision applies to enclosed mines/municipalities, not unenclosed alluvial diggings; improperly obtained evidence in accused's absence inadmissible; conviction quashed.
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29 December 1910 |
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Reported
Where a passenger vanishes at sea after exhaustive search, the court may presume death and permit lodgement of the will with the Master.
* Presumption of death – disappearance at sea – exhaustive searches with no trace – court may presume death.
* Testamentary procedure – lodgement of will with the Master – Ordinance 18 of 1905, secs. 6 and 10 – rule nisi to show cause.
* Administration of estate – leave to liquidate where presumption of death established.
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24 December 1910 |
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Reported
Convictions for railway offences alleged to have occurred outside the province were quashed for lack of jurisdiction and supporting evidence.
Criminal law — Review — Jurisdiction — Offences on interprovincial railway — Lack of evidence that offences occurred within province — Convictions quashed.
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17 December 1910 |
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Reported
When remitted as a single case under s.85, consecutive sentences cannot aggregate beyond the s.85 statutory maximum.
Criminal law – Sentencing – Remission under section 85 Magistrates' Courts Ordinance – Aggregate maximum penalty for remitted single case – Consecutive sentences cannot aggregate beyond statutory limit – Sentence reduced on review; authorities: R. v. Sampson & Bacon; R. v. Mdityana.
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17 December 1910 |
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Reported
A purchaser who inspects, forwards, and disposes of goods accepts them and cannot later rescind a sale by sample.
Sale by sample — place and time of acceptance — buyer’s opportunity to inspect at delivery station — conduct amounting to acceptance and ratification (sale, forwarding, instruction to sort) — purchaser precluded from rescission (actio redhibitoria) after treating goods as own property.
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15 December 1910 |
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Reported
A tender "in full settlement" is conditional and does not protect the defendant from costs; costs follow the successful plaintiff.
Civil procedure – Tender – Interpretation of wording – "in full settlement" denotes a conditional offer not amounting to an unconditional legal tender; costs consequences follow ordinary rule unless exceptional circumstances exist.
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15 December 1910 |
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Reported
Parol evidence admissible to rebut an inference of fraud from a document relied on by a third party.
Parol evidence — admissibility to explain written instrument — exception where third party alleges fraud by parties to the document — mistake/rectification not required before adducing explanatory evidence.
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1 December 1910 |