LEGAL INQUIRY COLUMN.

Auckland Star, Volume XXXIX, Issue 246, 14 October 1908, Page 8

LEGAL INQUIRY COLUMN.

CONDUCTED BX A BABRISTER-AT- ■[ LAW. Letters of inquiry will be answered every ; Wednesday in this column. As far as pos- , Bible they will be dealt with in the order ' ia which they are received, and replies will ' 1 be inserted with the least possible delay. In order to derive tbe greatest advantage •- from this column, correspondents should give full particulars of the facts upon which they" desire advice. Whatever the details supplied, however, no responsibility . caji be accepted for errors, in whatever way arising, though every effort .rill be anade to insure accuracy. Answers are based absolutely on the information given, and, tnerefore, In all instances, can only be applied to the specific case dealt with. -- -Every correspondent must enclose his or • her real name and address, though not, of ' course, for publication. " [Correspondents are reminded that their addresses must appear ou their letters of inquiry, as well as-their true names. To address simply "Ancidand," Is not sntti,- ---> cient.] J.B.S. writes:—"As wife left him in Australia some years ago, and refused to return. In applying for a divorce what evidence of desertion would be required besides A's own? A has no friends in New Zealand who knew himself and wife in Australia, and leaving the question of expense out of the case, does not know' if he could get any one to come over to prove the desertion. Will yon kindly let mc know the best thing to do? A does not know his wife's whereabouts, and cannot find her; has written to her father and brother in Australia, stating intention- of applying for a 'divorce, but has received no answer." * IA is not absolutely precluded from obtaining a divorce. It is quite possible to give evidence in such a case by means of affidavits, and to bring the case on for hearing without effecting personal service on thb. respondent.] •• AGED.—I cannot understand the position of aged in this matter. If there was no agreement that he was to have an interest in the property, on what principle did be contribute to the cost in the first place, and continue to give his labour afterwards? However, if he has no interest he probably has a personal daim against li for the work done during the past sis years; but even this I cannot say positively without further information regarding the circumstances. If Aged can procure the receipts he refers to. they would pro- » bably - be- use'fnj if they represented the position accurately. P.N. writes:—"After what time canoot an action be brought to recover an amount due on a promissory note? Docs the Statute of limrtat-cns apply to the same as an.ordinary debt?" _The action must be begun within six years from the.date when the P.N. becomes payable.] WORRIED writes:—"A lady took an illegitimate child at the age of three months old, and has had it now over three years, without recerrmg payment or support in any way towards clothing and keeping it. The mother has since an- . other, illegitimate child, which she is keeping herself, but still comes to the lady mentioned for help for this one too. The lady is leffring for another town. ■ Can she take the first chid with" her. or can the mother legally take it from her, although not able to properly support herself and the one ' 6he has got?" ' - [The mother may claim, her child. .if she so wishes, at any time, unrfer the existing «cr__ige_____t,. If Worried is anxious to keep the child permanently she should formally adopt it under 'TSe Adoption of Children Act." Such an adoption wilt give her all the rights of a. natural pt__t_

HOUSEHOLDEB. writes-:—"I lease a house for sis months from September 30th (having signed a stamped agreement to that effect). On what date- should I leave the house? I maintain it should be on March 31st." [The tenancy will end on March 31st, unless it is prolonged by the parties concerned. The word "month" is open to two constructions, but in this case, I think calendar month is dearly intended.! MRS S. writes:—-Will you kindly inform S.E. through your inquiry column the following.- I have let my two rooms to Mrs X. and a Mrs V as weekly tenants. I have given them notice some weeks ago, but they will not leave. Mis X came on Saturday and abused mc, and said I could ■ not mate them go, my notice by word of mouth is useless. Is that soT [Notice by word of mouth is quite sufficient, and Mrs S. may sue her tenants for possession. For the saie of making proof of the notice sure, however, Mrs S. should give a written notice before bringing her action.l JUSTICE writes:—"Can a girl of 16, who has a stepmother, and is not happy, legally leave her father's home and live with her late mother's sister, who had the care of her for some years?" CYes.l "ALPHA writes:—(l) A wife having a house and two acres, the deed of which is executed in her own name, desires to know if she can sell same without the signature of her husband, who at the present time is not supporting her oi her children, although quite capable physically to do so. (2) What steps would she have to take in notifying a firm of banters who hold a small mortgage on said property? Would the bank manager's consent be necessary to the sale being effected?" . [The wife may sell without her, husband's consent or signature, and without consulting the bank.] E.S.—The letter is not actionable and E.S. may safely ignore the threats of proceedings.] MARIA.—This question is not answerable in its present form. The brother-in-law appears to be the trustee, and in that case he is entitled to possession of the deeds. Whether or not a sale can be insisted on I cannot say. It will depend on the terms of the will, and the present age and condition of the beneficiaries.] ____.__=_• A's_E_- writes:—" Cll Suppose a member of a Road Board called, say. A, lets a contract to, say. B to make an earth cutting and to build a concrete bridge, and by some means A actually builds the bridge himself, possibly not receiving any direct pecuniary consideration for so doing, does A by that act become no longer capable of being a member of the Board? These details being put before the Board, is it lawful for it to take no steps to oust A nnd to allow him to sit nnd vote? (2) Is a person trading under the designation of . I>td-. justified in trading with and being a member of a Road Board?" t (1) The question is too vague. If the member participated in the profit of the work, he disqualified himself, if not, he did not. (2) Not unless the company is. a genuine registered company.] MUTUAL.—The only way to get perfect safety to both parties is by means of a registered mortgage. If that were not so, the practice of mortgaging would not be so universal. Other means of less certain effect can be employed, but it would be hopeless to try to" guide the parties in such a matter and steer clear of dangers by means of this column, and without any knowledge of the nature and state of the title. ANXIOUS wishes to krow whether a banknipt auctioneer is iable ft;, payments due to a client foi ftunic.-re received and sold by said It previous to insolvency? I_.es. bankruptcy does not ait Ive a bankrupt from such liab-Uti ts. ] INQUIRER writes:—''A settlerwbo has paid up his section and can't get his title from the Government is being dunned by the County Council for rates. (1) Can the settler be sued personally for rates before he gets his titles, on the ground of occupation? (2) If not, what action can the County Council take under the circumstances.?" [ (I) Tes, =_tiess he holds his land under the provis_>o. of "The Bush and Swamp Crown _>ttle_ociit Act, 1003." (2) If the selector *a protected under that Act his document _t title will show it. or, if he has not yet jot such document, he may discover on inquh-y at the Land Board's office. If he is not yet liable for rates, the Council, of course, have no remedy but to wait tiir he is.] ANXIOUS INQUIRER:—The insurance on the furniture should be placed in the uame of the daughters if they do really own it. As the furniture has been taken to be the mother's, it has reduced ! the amount of pension payable to the father. The mother wiU observe, however, that ii the furniture is hers, but is insured in the name of the daughters, the insurance money in cases of fire may not be paid. Of course, the other insurance money coming to the mother must, when she gets it. reduce t__ amount of pensions payable to both mother and father.] BOUNDARY FENCE writes:—"Please say has a settler the legal privilege of refusing to pay half the cost of boundary fence, and paying-interest instead. If so, what rate of interest is he compelled to pay?" [Not all settlers. A Crown tenajit. however, maj elect to pay 10 per cent interest on the cost of a fence instead of contributin_C.] E.W.S. writes:—(l) Can I erect a gate on my right of way. or must the other party erect one now that I wish to have one erected. I do not wish to jump the right of way, only to have a gate on r for bath to use. _> They are about to - inaugurate a sanitary system in Hun-Hy, charging each householder 1/ a fortnight for same. Am I compelled to pay and use their pan?" [(Arrange with the other user of the right of way, and join in the cost of a gate. (2) Cannot say.] D.T. writes:—"l am a resident in Auckland since July _Sth, 1861. I have an allotment of land on which I live, and cottage, the value ,of which is estimated at £600. and for which I havo to payrates to the amount of sometimes _5 10. I have a mortgage of £350 on the same. I have no income from the land in any way, and no money or any shares in anything whatever. I have spent all. I an. si years old the 34th May last.' Am I a suitable applicant for the old age pension, or does the land debar mc?" [D.T. may appiy for the old age pension, and, from the above facts, should be entitled to £16 a year.] FAIR PLAY writes:—"Can a public body keep on letting contracts over £10 privately, in spite of the fact that a man offered through one member to do the work cheaper? The -board consists of five, and two did not know the work was let. Is there any law to stop this, and. if so, how do you set it in motion?" [The most straightforward way for pnblic bodies always is to-let- their contracts by tender, but they are under no absolute obligation to do so.] M.—Re Impounding Act, 1884. A ranger impounds at the same time four (4) head of cattle (cows) found trespassing within four miles of a public pound. He drives same to the pound, and requires the poundkeeper to collect the sum of four (4) shillings each for driving fees. The cows helong to four persons. Is the ranger right in so charging? Should not the charge be one shilling to each of the separate owners? If the ranger is entitled to receive sixteen -(16) shillings, this appears to be four times the driving charges stated in the first schedule, part 11. [My opinion is that the charge made was ' In accordance with the Act"]