The New South Wales Weekly Notes Volume 22

The New South Wales Weekly Notes Volume 22

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... access to the said children if he should so desire at least once in every month at some convenient place in or near Sydney during their minority and the defendant says that he dcsired to have access to and requested the plaintiff to give him access to Stanley, one of the said children, being still under the age of twenty-one years in accordance with the said stipulation at a convenient place in Sydney and the plaintiff did not give him access to the said Stanley once at least in every month or at all. Replication, that before the alleged breach of the supposed stipulation the plai_ntifi' in pursuance of the said indenture had determined to have the said child brought up to the occupation of a dairy farmer and had made provision for the residence of the said child upon a dairy farm being a place where it was reasonable and necessary for the said child to reside for the purpose of his being so brought up and that whilst the said child was being so brought up and was so residing under the care and tutelage of the plaintiff the supposed stipulation became incapable of being performed on the part of the plaintifl', the said dairy farm not being in or near Sydney, and that whilst the supposed stipulation remained for the reason aforesaid incapable of being performed on the part of the plaintifi' and after the defendant had notice of the premises the defendant had the alleged desire to have access to and made the alleged request to the plaintiff to give him access to the said child. Cross demurrers to plea and replication. Ca/naway, for the plaintiff. The clauses in the deed being inconsistent the Court will give effect to the earlier clause. Further the Court will look at the intention of the parties and construe the deed so as to give...show more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236934121
  • 9781236934123