The corporation of the City of Melbourne had for over 20 years marked out divisions on the footpath of Queen-street, abutting on the market, and let the same to market gardeners and others on the same terms as stands within the market. Tickets for the stands on the footpath were issued to what were called "permanent men," but for many years it had been the practice of the corporation to allow "casual men" to use these stands upon payment of a daily fee, if the permanent occupier had not come. The defendant took possession of one of these stands and sold articles thereon, and refused to yield to the quarterly lessee, but offered to pay the usual daily fee of 1s.