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Fiji Islands - FLR Volumes 3 & 4 - Index

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Fiji Islands - FLR Volumes 3 & 4 - Index

THE
FIJI LAW REPORTS

CASES DECIDED IN
 THE FIJI COURT OF APPEAL
AND
THE SUPREME COURT OF FIJI

1946-1955
 VOLUME 4

 EDITOR:

JUSTIN LEWIS LL.B.
of Gray's Inn Barrister-at-Law
Barrister and Solicitor of the Supreme Court of Fiji
Solicitor-General Fiji

 PRICE: £2 2s.

GOVERNMENT PRESS, SUVA FIJI-1958

INDEX TO VOLUMES 3 AND 4

 

Volume

Page

Aboriginal Native of India

(3)

115

Absolute prohibition on import of opium

(3)

166

Acceptance of rent, whether waiver of covenant

(3)

275

Access to liquor

(3)

206

Accessory after the fact

(4)

103

Accomplice, corroboration of

(3)

264

Accomplice, corroboration of

(4)

76

Accomplice, whether person bribed an

(4)

165

Act, Army, application of

(3)

318

Action by money-lender

(3)

375

Action on two Promissory Notes, procedure in

(3)

213

Admissions of adultery in previous proceedings

(3)

241

Adultery, evidence of

(3)

115

Adultery, custody infant when spouse guilty of

(3)

147

Adultery, consent to

(3)

154

Adverse Possession, time in

(3)

62

Adverse Possession, under equitable title

(3)

117

Adverse Possession, by tenants in common

(3)

159

Adverse Possession, defence of

(3)

191

Adverse Possession, time in

(3)

405

Affirmation, perjury charge founded on

(3)

304

Agreement, registration of

(4)

92

Agreement, sale and purchase

(3)

346

Aiding and abetting traffic offence

(3)

430

Aiding and abetting suicide

(4)

28

Alternative offence, housebreaking and larceny

(4)

6

Amendment of Pleadings

(4)

127

Analyst's Certificate, statement in

(3)

344

Analyst's Certificate of ingredients in liquor

(3)

215

Analyst's Certificate, admissibility of

(3)

338

Appeal against interim order

(3)

394

Appeal against interim order

(4)

18

Appeal against interim order

(4)

19

Appeal on interlocutory order

(4)

80

Appeal against sentence

(4)

69

Appeal on fact, principles in

(4)

69

Appeal on fact, principles in

(4)

183

Appeal to Privy Council, injunction in

(3)

236

Application for a jury

(3)

164

Application for costs of criminal appeal

(3)

281

Application for wholesale liquor licence

(3)

412

Apportionment of damages

(4)

153

Arm, unserviceable

(3)

330

Arm, unserviceable

(3)

395

Arms, possessing illegal

(3)

330

Arms, unlawful possession of

(3)

392

Arms, unlawful possession of

(3)

393

Arrest by Police Officer

(3)

140

Articles of native food and produce

(4)

3

Assessors, trial by

(3)

151

Assessors, duty of

(4)

57

Assessors, duty of

(4)

181

Assignment by executor

(3)

322

Attacking prisoner's character

(4)

176

Attempt to set fire to building

(3)

300

Attestation of bill of sale

(3)

110

Autrefois acquit

(4)

160

 

 

 

Bequest to Parish Councils in will

(3)

149

Bigamy

(3)

168

Bigamy

(3)

216

Bigamy

(3)

458

Bill of lading, clause in

(3)

97

Bill of sale, divisible covenants in

(3)

110

Bill of sale, removal of goods under

(3)

197

Bill of sale, rights of grantee against mortgage in

(3)

282

Bill of sale, consideration for

(3)

296

Bill of sale, consideration for

(3)

311

Bill of sale, merger of promissory note into

(3)

325

Bond, immigration

(4)

145

Booking fee

(3)

314

Books and documents, seizure of

(3)

350

Buildings erected by lessee on land

(3)

282

Burden of Proof as to payment of duty

(3)

215

 

 

 

Calendar year, meaning of

(3)

277

Cane, duty to cut

(3)

351

Case stated

(4)

76

Cast stated, procedure in

(4)

10

Certificate of Title, effect of adverse possession on

(3)

58

Certificate of Title, effect of fraud on

(3)

62

Character, attacking prisoner's

(4)

176

Charge, validity of

(4)

158

Charge, validity of

(4)

160

Charitable bequest

(3)

149

Charity

(3)

78

Chattel, whether dwelling house a

(3)

194

Checking of stop watch

(4)

200

Chemist's and druggist's licence

(4)

124

Cigarettes, duty on

(3)

423

Claim of right of conversion

(4)

20

Closing time, liquor ordered before

(3)

126

Cohabitation, whether resulting trust arises

(3)

221

Common gaming house

(3)

420

Company holding land in Fiji, grant of probate to

(3)

130

Company profits, arising from overseas operations

(3)

224

Compensation for damaged crops

(3)

316

Compensation, resumption of land without

(3)

376

Confession of co-respondent

(3)

115

Consideration in bill of sale

(3)

296

Contract of Service, repudiation of

(4)

22

Conversion, claim of right in

(4)

20

Conviction as idle and disorderly person

(4)

170

Conviction, accessory after the fact

(4)

103

Corroboration of accomplice

(3)

410

Corroboration of accomplice

(3)

264

Corroboration, indecent assault

(4)

76

Costs, application for, by private prosecutor

(3)

281

Court, language of

(3)

269

Covenant for quiet enjoyment by lessor

(3)

237

Covenant, to keep land clear of noxious weeds

(3)

433

Covenant, against sub-letting

(3)

275

Crop Lien, assignment of

(3)

322

Crown lease, dwelling erected upon

(3)

194

Criminal Trespass

(4)

5

Custody of infant

(3)

147

Custom of India, marriage under

(3)

210

Custom of India, marriage under

(3)

168

Customs Ordinance, forfeiture of goods under

(3)

6

Customs Ordinance, forfeiture of goods under

(3)

11

Customs Ordinance, forfeiture of goods under

(3)

19

Customs Ordinance, Intent to defraud in

(3)

101

 

 

 

Dairy licence, power to cancel

(4)

143

Damages, apportionment of

(4)

153

Dangerous driving

(4)

173

Dangerous driving, degree of negligence in

(3)

418

Dangerous driving, duplicity of charge in

(4)

26

Deed, estoppel by

(3)

197

Deed of covenant, in contemplation of adultery

(3)

154

Deed, registration of

(3)

57

Defamatory words

(3)

38

Defect in vendor's title

(3)

182

Definition of "arm"

(3)

395

Disaffected Natives Ordinance 1887, confining order under

(3)

43

Disorderly purpose

(3)

436

Distillation of liquor

(3)

344

Distillation of liquor

(3)

469

Distillation of liquor

(3)

340

Distress for rent, in respect of two tenancies

(3)

230

Dividends, income tax payable on

(3)

354

Dividends, income tax payable on

(3)

409

Divorce, domicile in

(3)

241

Divorce, domicile in

(4)

73

Doctrine of cyprès

(3)

78

Document, construction of printed part

(3)

197

Driving a car without lights

(4)

56

Driving vehicle, under influence of drink

(4)

69

Drugs and poisons, prohibition on importation

(3)

166

Duplicity of conviction

(3)

348

Duplicity of charge, dangerous driving

(4)

26

Dutiable goods

(3)

423

Duty, non-payment of, on spirits

(3)

215

Duty of assessors

(4)

57

Duty of employee to observe Price Order

(3)

363

Duty, on spirits

(3)

338

Duty to cut cane

(3)

351

Dwelling house, meaning of words

(4)

105

Dwelling house, whether or not chattel

(3)

194

Dwelling house, whether part of realty

(3)

335

 

 

 

Electors, refusal of registration of

(3)

85

Equitable interest, priority of

(3)

251

Equitable owner, adverse possession by

(3)

191

Estoppel by deed

(3)

197

Evidence of possession of explosives

(3)

393

Executor, assignment of debt by

(3)

322

Exceeding speed limit, checking of stop-watch in casts of

(4)

200

 

 

 

Failure to produce arms

(3)

330

Fees, Solicitor's and Barrister's

(4)

134

Finding of fact by Court

(4)

186

Forest Produce, cutting of

(4)

45

Forfeiture of dutiable goods

(3)

6

Forfeiture of dutiable goods

(3)

11

Forfeiture of dutiable goods

(3)

19

Fraud, meaning of

(3)

62

Fraudulent intent, Customs offence

(4)

202

 

 

 

Gold dealer's licence

(4)

11

Gunjah (Indian Hemp), unlawfully importing

(3)

103

Grant of retail store licence

(3)

425

Gravel removed by Crown from stream bed

(3)

439

 

 

 

Habeas Corpus, writ of

(3)

41

Harbouring, unlawful, of wife

(3)

118

Hawking without a licence

(4)

3

Hearing of two separate informations at one trial

(3)

343

Hearing of two separate informations

(4)

5

Holding over by tenant

(4)

53

Hop Beer, licence to sell

(3)

121

Hostile witness

(3)

348

Hotel, interference with amenities of

(3)

201

 

 

 

Idle and disorderly person, conviction of

(4)

170

Illegal transfer of lease

(4)

37

Immigration bond

(4)

145

Importer, definition of word

(3)

166

Import entry, false

(3)

202

Income earned in Colony

(3)

224

Income tax

(4)

33

Income tax

(4)

109

Income tax, deduction from dividends

(3)

409

Income tax, deduction from dividends

(3)

354

Income tax. deduction from dividends

(3)

369

Indecent assault, corroboration in

(4)

76

Industrial association, regulation of

(4)

8

Informations, hearing of two separate

(3)

343

Informer, whether accomplice

(3)

260

Injunction, pending appeal

(3)

236

Intent to defraud in Customs offence

(3)

101

Interference with amenities of hotel

(3)

201

Interim Order, of Magistrate, appeal against

(3)

394

Interim Order, of Magistrate, appeal against

(4)

18

Interim Order, of Magistrate, appeal against

(4)

19

Interpretation of will

(3)

450

Interpreter, necessity of swearing

(4)

83

Intestacy as to real estate in Fiji

(3)

130

Issue of process

(4)

24

 

 

 

Jewellery, dealer, licence of

(3)

427

Jewellery. dealer, licence of

(4)

11

Joint tenancy

(3)

117

Judges' Rules

(4)

48

Judicial notice of Price Order

(3)

363

Jurisdiction of Magistrate's Court over members of the Fiji Military Forces

(3)

318

Jurisdiction of Supreme Court over offences in Western Pacific

(3)

21

Jurisdiction of Supreme Court under Pacific Order in Council

(3)

32

Jurisdiction of High Commissioner

(3)

21

Jury, application for

(3)

164

Juvenile, trial in absence of

(4)

51

 

 

 

Land held in trust for transferor

(3)

397

Lands, method of valuing

(3)

366

Language of Court

(3)

269

Lawful custody, escape from

(3)

17

Lease, covenant in, against sub-letting

(3)

275

Lease, meaning of word

(4)

53

Lease, specific performance of

(3)

293

Lease, unregistered, lessee in possession under

(3)

25

Levuka, seaward boundary of

(3)

13

Licence, chemist's, and druggist's

(4)

124

Licence, gold dealer's

(4)

11

Licensed hawker selling jewellery

(3)

427

Licence, retail store

(3)

425

Licensing officer, refusal to issue licence by

(3)

201

Licensed premises, being on

(4)

61

Lien of Collector of Customs

(3)

28

Life insurance policies, moneys received from

(3)

217

Liquor, sale of

(4)

61

Liquor, distillation of

(3)

338

Liquor, distillation of

(3)

340

Liquor, distillation of

(3)

344

Liquor, sale of

(3)

178

Liquor, in parcel, access to

(3)

206

Liquor, sale of

(3)

121

Liquor licence, proof of possession of

(3)

267

I.iquor, offences, sentences in

(3)

360

Liquor, sale of

(3)

272

Liquor sale of

(3)

275

Liquor, supplying unlawfully

(3)

313

Liquor, supplying unlawfully

(3)

360

Liquor, supplying unlawfully

(4)

46

Liquor, wholesale licence for sale of

(3)

234

 

 

 

Magistrate's Court, jurisdiction over members of the Fiji Military Forces

(3)

318

Magistrate's Court, suing on security in

(3)

325

Maintenance, proceedings for commencement in New Zealand

(3)

231

Malicious Prosecution, nolle prosequi in case of

(3)

173

Malicious Prosecution

(3)

446

Manslaughter, negligence in

(4)

65

Manslaughter, negligence in

(4)

133

Maintenance, agreement containing no provisions for

(3)

246

Maritime lien of seamen for unpaid wages

(3)

28

Marriage by Indian custom

(3)

210

Marriage by Indian custom

(3)

168

Marriage, validity of

(3)

147

Member of United States Forces, liability to give evidence

(3)

371

Mens rea, customs offence

(3)

101

Mens rea, customs offence

(3)

202

Method of valuation of land

(3)

366

Moneylender, action by

(3)

375

Moneylender, proving person a

(3)

277

Mortgage, collateral to void bill of sale

(3)

296

Murder, of wife

(4)

28

Murder on board ship

(3)

8

Native, selling liquor to

(3)

272

Natives, dealings with

(3)

207

Nolle prosequi, whether same effect as acquittal

(3)

173

Notice to quit

(4)

88

 

 

 

Obscene publications, order for destruction

(3)

142

Official corruption

(4)

165

Opium, import of

(3)

166

Opinion of assessors

(4)

181

Order of speeches at trial

(3)

35

Ownership of bed of stream

(3)

439

 

 

 

Payment of stamp duty before production of document

(3)

433

Payment on account

(3)

314

Perjury by affirmation

(3)

304

Perjury, whether translation admissible to prove

(3)

387

Perjury, proof of

(4)

83

Permitting use of vehicle

(4)

163

Petitioner, domicile of

(4)

73

Poisons and drugs, importation of

(3)

166

Police officers, power to prosecute

(3)

360

Possession of goods on which no duty paid

(3)

423

Possession of liquor

(3)

206

Power to cancel dairy licence

(4)

143

Power to re-call witnesses

(4)

127

Practice in, case stated

(4)

10

Preference shares, income tax payable on

(3)

354

Prescriptive period, occupation by one of two joint tenants

(3)

117

Price order, duty of employee to observe

(3)

363

Prices of goods

(3)

402

Principles, appeal on fact

(4)

69

Priority of equitable interests

(3)

251

Prison, escape from

(3)

17

Private Prosecution, application for costs in

(3)

281

Privileged conversation - between Officers of State

(3)

38

Probate, grant of, to company

(3)

131

Process, issue of

(4)

21

Prohibited hours, liquor supplied in

(3)

126

Prohibition order, W.P.H.C.

(3)

1

Promissory note, action on

(3)

207

Promissory note, merger of debt into

(3)

325

Proof onus of, moneylender's licence

(3)

468

Prosecution by police officer

(3)

360

 

 

 

Realty, dwelling house, part of

(3)

334

Recall, witnesses, power to

(4)

127

Receiver-General, powers of

(3)

103

Refund of income tax

(3)

369

Refusal to hold preliminary inquiry by Magistrate

(3)

309

Registered proprietors as tenants in common

(3)

159

Registration of agreement

(4)

92

Registration of bill of sale, non-compliance with provisions for

(3)

110

Registration of document as deed

(3)

57

Registration of Industrial Association

(4)

8

Registration of Title

(3)

58

Registration of Title

(4)

139

Registration of Title

(3)

117

Registration of title by trustees

(3)

123

Registration of Electors

(3)

85

Registration, by tenants in common

(3)

159

Relief against forfeiture

(3)

107

Rent, distress for, in respect of two alleged tenancies

(3)

230

Repudiation of contract of service

(4)

22

Restaurant licence, refusal to grant

(3)

201

Resulting trust

(3)

221

Resumption of land without compensation

(3)

376

Retail store licence, refusal to renew

(3)

425

Right of way

(4)

116

Right to take gravel from bed of stream

(3)

439

 

 

 

Sale and purchase agreement for payment by instalments

(3)

346

Sale of a ship

(3)

28

Sale of liquor

(3)

126

Seducing cane growers from duty

(3)

351

Seizure of books

(3)

88

Seizure of books

(3)

350

Selling goods in unbroken packages

(3)

348

Sentence, appeal against

(3)

360

Sentence, appeal against

(3)

402

Sentence, appeal against

(3)

418

Sentence, appeal against

(4)

71

Sentence, appeal against

(4)

168

Setting fire to building

(3)

300

Shorthand reporter, notes of, in proof of perjury

(3)

387

Slander

(3)

38

Slander

(3)

309

Solicitors and Barristers, fees payable to

(4)

134

Solicitor's costs, taxation of

(3)

55

Special endorsement on writ

(4)

109

Special reasons

(4)

195

Special reasons

(4)

198

Specific performance of lease

(3)

293

Stamp duty

(3)

137

Statement taken in breach of Judges' Rules

(4)

48

Statements made to Police

(3)

302

Statute of limitations

(3)

57

Store licence, whether required by dealer in jewellery

(3)

427

Sufficiency of case stated

(3)

178

Suicide, aiding and abetting

(4)

28

Supply, meaning of word

(3)

313

Supply, of liquor

(3)

126

Supply of liquor

(3)

410

Supply of liquor

(4)

46

Supreme Court, jurisdiction of

(3)

77

Suva, boundaries of

(3)

13

Swearing of interpreter

(4)

83

 

 

 

Taxing of bill of costs

(3)

55

Tenants in common, registered proprietors as

(3)

159

Testator, alleged unsound mind of

(3)

388

Thief and receiver, trial by Magistrate of

(4)

31

Time running against registered proprietor

(3)

405

Title, examination of facts when impeaching

(3)

62

Title, registration of

(4)

139

Transaction, null and void

(4)

188

Transferor, land held in trust for

(3)

397

Transfer of lease, illegal

(4)

37

Trespass by lessor

(3)

25

Trial by Magistrate of thief and receiver

(4)

31

Trial, in absence of juvenile

(4)

51

Trial with assessor

(3)

151

Trivial offence

(4)

100

Trustee of land

(4)

1

Trying different charges together

(4)

5

 

 

 

United States Forces member, liability to give evidence

(3)

371

Unlawful harbouring of wife

(3)

118

Unlawful Harbouring, meaning of phrase

(3)

189

Unregistered lease

(3)

25

Unregistered moneylender

(3)

471

Unserviceable weapons

(3)

330

 

 

 

Validity of charge

(4)

26

Valuation of land

(3)

366

Vehicle, permitting use of

(4)

163

 

 

 

Warranty of seaworthiness

(3)

97

Western Pacific High Commissioner, jurisdiction of

(3)

1

Western Pacific High Commissioner, jurisdiction of

(3)

8

Western Pacific High Commissioner jurisdiction of

(3)

21

Wholesale liquor licence, application for

(3)

412

Wholesale liquor licence, application for

(3)

234

Will, probate of

(3)

130

Writ of Habeas Corpus

(3)

41


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