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Tonga Law Reports - [1908-1959] Tonga LR - Subject Index |
TONGAN LAW REPORTS
cases decided
IN THE SUPREME COURT OF TONGA
1908 – 1959
VOLUME 1
EDITOR:
D.B. HUNTER B.A. LL.B. (Syd.)
Judge of Supreme Court of Tonga
INDEX
PAGE
ACTION
Action for Debt against Tongans
22
Limitation of action – Distress Warrant – judgment more than 5 years old – action against Government – Liability of Magistrate
42
Compensation to relatives of deceased
48
Prices of Goods & Services Act – Who may prosecute
49
Prices of Goods & Services Act 1947 – publication in Press News – no publication in Gazette
54
Limitation of Action – not applicable under Section 6 of Probate Act 1915
67
Claim for money lent – Unregistered agreement – Estoppel – Negligence by solicitor
81
ADMINISTRATION
Appointment of administrator – Duties of administrator – Sale of lease – Transmission of property – Power of Court.
62
Alteration of Letters of Administration by Court – Limitation of Action – Tongan custom
67
CERTIORARI
Writ of Certiorari available in Tonga
32
CONSTITUTION
Clause 1 – Clause 85 – Suspension of Laws – Retrospective Laws – Powers of Chief Justice
9
Clause 7
15
Clause 4, 54 – Retrospective laws
22
Clause 4 (ex parte S. H. KOLI & Ors)
33
Clause 6 Marriage performed on Sunday
74
Clauses 18, 44, 68
85
CONTRACT
Immoral consideration – contract unenforceable
39
Sale of launch – Written agreement unnecessary – Rescission of verbal agreement.
46
Sale – When does property pass – No written agreement
50
Sale – No written agreement – Goods to be supplied – purchase price paid
56
Lawyers fees – No written agreement – Right to recover
91
Delivering Ship – Repairs to ship – No written agreement – Contract unenforceable
59
Sale of goods – meaning of “goods” – Contract Act 1921 s.3 Agreements between Tongans
79
COMPANY
Appointment of Investigator – Contract of service – Duties of directors and secretary – Authority of general Manager
19
CRIMINAL LAW
Defamation
15
Plea “Guilty” – Finding “Not Guilty”
16
Cap. 10 ss. 93, 175 – Who may take proceedings – Person aggrieved – Proceedings on behalf of lunatic
41
Incest – First cousins – Sentence
51
Summons – Variance of offence charged and evidence – Amendment of Summons – Withdrawal of charge
55
Conspiracy – Abetment – Cap.10 s.14
61
Appeal from Magistrate – English principles – Charge against an Indian
72
Summons containing more than one charge – Invalid
95
Rape – Abduction – Abetment – Principles in the first degree
96
Hearing charge within 24 hours of service – Plea of guilty – Proceedings squashed
98
Plea of Autre fois convict – principles discussed – Irregularity in first trial
104
Interference with course of justice – Cap. 10. s. 64 – Conduct of Counsel
113
CUSTODY OF CHILDREN
Illegitimate child – Father’s rights
14
DISTRESS WARRANT
Judgment more than five years old – Limitation of Action
42
DIVORCE
Life Imprisonment – No need for decree s.655 of 1903 Laws
4
Adultery – Principles on which damages assessed:
65
93
DOCUMENTS
Clerk to Privy Council subpoenaed to produce – Refusal – Powers of Supreme Court.
30
ESTOPPEL
House given as security – Estoppel by conduct
31
Negligence by solicitor – Unregistered agreement – Claim for money lent
81
EVIDENCE
Character of Prosecution – Leave to call evidence of bad character – Indecent assault
35
Criminal charge – evidence of accomplice – Nature of corroboration – Order of witnesses
57
GOVERNMENT
Claim against – Supreme Court will not hear – Chief Justice part of Government can not act – Syndicate taken over by Government
5
Claim against Government – Premier as defendant – Acquisition of land by Crown – Compensation
85
Wrongful dismissal – Police Officers – Contract of service – Crown’s right to dismiss at will
108
Liability of Crown in tort – trespass to goods
110
Liability of Crown in tort – Arrest
117
HORSE
Sale of horse – exchange of horses
38
HUSBAND AND WIFE - See Divorce
Maintenance Order – Desertion – Proof of marriage – Just cause for leaving – Proof of husband’s means.
60
Marriage – Declaration as to Validity of Marriage – Marriage performed on Sunday – Treaty of Friendship
74
Validity of Marriage – No consent by guardian
107
Publication of Retrospective
22
Retrospective – powers of Chief Justice
9
MAGISTRATE
Amount claimed beyond Magistrate’s jurisdiction – Duty of Magistrate
53
MANDAMUS
Public Service Examinations – Production of birth certificates
33
Available in Tonga – Duties of Treasurer
70
POLICE
Wrongful dismissal – police not servants of Premier nor of Minister
45
Assault by police – Liability of Crown
117
POUND
Sale of impounded animal – Irregularities in proceedings – Rights of owner – Refund of amount paid by purchaser
52
PRIVY COUNCIL
Appeal from Supreme Court – Civil Action – Stay of Proceedings
100
PROBATE
Will – No amplification – Order for payment
17
Will not revoked by subsequent marriage
36
Lost will – Letters of Administration revoked – Validity of unfilled will
40
REGISTER OF BIRTHS
Amendment of Register
34
ROADS
Repair of
1
TAX
Non payment – Exemption certificate – S. 589 of 1903 Laws
3
TORT
Action in Tort in Tonga – Fire – Rule in Rylands v. Fletcher - Negligence
85
Trespass to goods – Liability of Crown in Tort – Master and servant – Registration of motor vehicles
110
Damage to growing crops – permissive occupancy – Rights of occupier
115
TREATY OF FRIENDSHIP
Advice of British Agent & Consul
5
Claim in Consul’s Court – stay of proceedings
18
Article 2, 1879
22
Marriage
74
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