The Cape Law Journal Volume 5

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1888 Excerpt: ... claim and gave up the lease. His name, however, remained on the registry of mines as lessee. In August, 1885, at the expiration of the five years, plaintiff gave notice to the Registrar that the lease had expired and had not been renewed, and that the claims in question had been removed from land set aside for mining purposes. In September, 1887, at the request of defendants' officials, G gave formal notice to the Registrar of Mines of abandonment of his claims as from August, 1885. The defendants thereupon, after notice to plaintiffs, registered the claims in their own name as abandoned claims under the provisions of Act No. 19, 1883. Plaintiffs brought their action to cancel this registration and to eject defendants. Held, that plaintiffs were entitled to succeed, as G was not in 1887 the registered and rightful owner of the claims, entitled as such lawfully to abandon them within the terms of the 65th section of the Act. Queen v. Castleden. (Aug. 27).--The accused agreed to pledge a piano for the security of an advance made to him by one T, the piano, however, remaining with accused. Fome time after the accused sold and delivered the piano to H. Held, that the accused was not indictable for defrauding T, as there had been no concealment or dissimulation practised upon him so as to constitute the crimen atellionatua. Incorporated Law Society v. Ashley. (Aug. 27).--An attorney obtained by false pretences an order from a convict for the delivery of certain stock. No stock, however, were found or delivered. The attorney was suspended from practice for twelve months. S. A. Loan and Mercantile Agency v. Cape of Good Hope Bank. (Aug. 29, Sept. 12).--An hypothecation of claims in a diamond mine, duly registered at the Registry of Mines under the Griqualand Wes...