The South African Law Reports: Transvaal provincial divisionJan Hendrik Gey van Pittius, South Africa. Supreme Court. Transvaal Provincial Division, Adolf Davis J.C. Juta & Company, 1924 - Law reports, digests, etc |
Contents
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Common terms and phrases
accused action affidavit agreement alleged allowed amount appeal applicant Applicant's articles of clerkship assets Attorneys authorised bank bond by-law charge circumstances claim common law contended contract contravening conviction costs council creditors Crown CURLEWIS damages decision defendant duty enquiry entitled evidence facts appear farm fees Government Notice ground guilty held holder hopana insolvent intended Johannesburg judgment labour land Legislature liable licence liquidation liquor Lydenburg magistrate magistrate's manual labour matter meaning ment mining Municipality native NETHERLANDS BANK normal flow objection offence opinion Ordinance ordinary parties person plaintiff plea possession Postea Potchefstroom present Pretoria proceedings promissory note provides provisional purchase purposes question reasonable referred regard regulation remuneration respondent Respondent's riparian owner rule sentence sequestration South Africa statute STRATFORD sub-sec tariff TINDALL tion Transvaal trial trustee ultra vires vult WAAL Water Court WESSELS witness words
Popular passages
Page 33 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 36 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 119 - ... it is a proper rule of construction not to construe an Act of Parliament as interfering with or injuring persons' rights without compensation unless one is obliged to so construe it.
Page 471 - Sub-section (d) of section 2 states inter alia "domicile" means the place in which a person has his present home or in which he resides or to which he returns as his place of present permanent abode and not for a mere special or temporary purpose.
Page 508 - Now, intentionally to do that which is calculated, in the ordinary course of events to damage, and which does, in fact, damage another in that other person's property or trade, is actionable if done without just cause or excuse.
Page 174 - An accommodation party is liable on the bill to a holder for value ; and it is immaterial whether, when such holder took the bill, he knew such party to be an accommodation party or not.
Page 314 - However negligent or careless may have been the first omission, and however late the proposed amendment, the amendment should be allowed if it can be made without injustice to the other side. There is no injustice if the other side can be compensated by /- costs...
Page 191 - Having already given its attention to the particular subject and provided for it, the Legislature is reasonably presumed not to intend to alter that special provision by a subsequent general enactment, unless that intention is manifested in explicit language...
Page 191 - Now if anything be certain it is this, that where there are general words in a later Act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force of such general words, without any indication of a particular intention to do so.