1 A STANFORE SERARY CASES DIGEST OF CAS Reported during the year 1924 ABATTOIR for Metropolitan abattoirs-Complaint offence Carrying unbranded meat for delivery within abattoirs area-Metropolitan Abattoirs Act 1908, s. 64-Further Amendment Act 1914, s. 7.-To constitute the offence within the metropolitan abattoirs area of carrying for delivery or sale an unbranded carcass or portion of such a carcass, such carcass or portion must be for sale within that area, whether it is actually delivered there or not. The passing of the property within such area is not a necessary ingredient of the offence. Where the defendant was carrying a hindquarter of lamb for delivery within the area on that side of a road which was within the area, the other side being beyond the area. Held, that the offence was not a trivial offence. SIMONS v. CAMPBELL, 1924 S.A.S.R. 1. [South Australia.] And see SLAUGHTERING AND INSPECTION Acr (N.Z.). ABORIGINAL Aboriginal native of Asia or Islands of Pacific -Japanese-Right to enrolment on electoral roll. See ELECTORAL LAW. ACTION: Action by payee against two personsJudgment by consent for payment by them of sums of money-Allegation as to executionDelay in executing judgment-Dissipation of assets-Payment of debt-Action by a judgment debtor against judgment creditorBreach of consent order-Cause of action.The statement of claim alleged that in an earlier action brought by S. against two partners, N. and P., it was ordered that judgment should be entered for S. for £1,699 and costs of the action, and that execution of the judgment was first to issue against the assets of the partnership sold to and then in the possession of P.; that S., in breach of the terms of the 1 A.A.D., 1924 said settlement, neglected and refused to issue execution against P. and the said assets within a reasonable time after the date of the said judgment, though expressly requested so to do; that P. was thus enabled to dispose of the assets, and upon execution being issued in September, 1922, only £30 was obtained; and that in consequence N. had to pay the amount of the judgment and costs. The Judge nonsuited the plaintiff. Held, that, as N. had in effect in the earlier action agreed with S. to consent to judgment being given against him in consideration of S. undertaking to issue execution in a certain way, there was, quite apart from the judgment, an agreement for good consideration which had been broken by S. to N.'s detriment, and that the statement of claim disclosed a good cause of action, and that a new trial should be ordered. NAGEL v. STANDARD RUBBER WORKS PROPRIETARY LIMITED, 1924 S.R. (Q.) 158. [Queensland.] Contract made by agent on behalf of undisclosed principal-Right of principal to sue. -See PRINCIPAL AND AGENT, col. 364. Action in Magistrate's Court-Adding parties-Defendant's death-Motion to make executors defendants-Whether action abated. -See JUSTICES, col. 247. Action not "properly brought "-Rules of High Court. See FEDERAL Law. County Court―Jurisdiction—Joinder of parties Action by husband and wife for tort.See DISTRICT COURT. Land on which arrears of rates duePossession taken by council-Damage by tenant-Right of action by council.-See LOCAL GOVERNMENT, col. 310. Cheques obtained by fraud-Sale of-Indorsement-Action for breach of warranty.See BILL OF EXCHANGE. Trial-Right to a jury-Purely common law cause of action-Purely equitable cause of action disclosed.-See PRACTICE, cols. 358, 359. Agreement between land agents to share commission-Enforceability.-See PRINCIPAL AND AGENT, col. 366. Claim for value of board and lodging by husband and wife Separate causes of action— Joinder. See MASTER AND SERVANT, col. 319. Sale of chattel interests-What constitutes a material misrepresentation-Whether essential part of cause of action. See CONTRACT, col. 85. Action-Cross action-Actions tried together-Costs of counsel and attorney.— See COSTS, col. 95. Lease-Covenants-Arbitration clauseAction to recover arrears of rent, etc.-Stay of proceedings.-See ARBITRATION. Action for damages for wrongful dismissal— Removal to Magistrate's Court. See PRACICE, col. 356. Trial-Verdict for plaintiff-Sufficiency of notice of motion for new trial-Telegraphic notice. See APPEAL. Actions in Magistrates' Courts. See Jus TICES. ADMINISTRATION. Distribution of assets-Proprietary claim to portion of assets-Whether claim "against the estate ". -Extension of time.-Sect. 81 of the Trusts Act 1915 includes proprietary claims to assets alleged to form part of the estate of a deceased person. The Curator of Deceased Persons' Estates, as administrator of the estate of a married woman who had died intestate, became the registered proprietor of land and a house thereon, which the intestate had contracted to purchase from a building society, and thereafter gave notice to the intestate's husband, who resided in the house, of his intention to sell the property. The husband objected to the sale on the ground that the land and house were his, and did not form part of the estate, inasmuch as he had provided the purchase money. Curator thereupon gave notice to the husband under s. 31 (3) of the above Act, requiring him, within a period of three months from receipt of the notice to take all proceedings proper to enforce or to establish his claim and to duly prosecute the same. The husband not having complied with the notice, held, on summons by the Curator, that the husband's claim was a claim " against the estate within s. 31 (3), and that the time should be extended to enable him to initiate proceedings to establish his claim, but without prejudice to the right of the Curator to make another application under the subsection in case no such proceedings should be taken. Newton v. Sherry and Others ([1876] 1 C.P.D. 246) and dictum in In re Timm, deceased (1912 The |