Permanent link to this item
LEGAL INQUIRY COLUMN., Auckland Star, Volume XL, Issue 77, 31 March 1909
LEGAL INQUIRY COLUMN.
J CONDUCTED BY A BARRISTER-A.T----j LAW. t Letters of Inquiry TvlTi be answered every 1 Wednesday in this column. As far as pos--5 sible they will be dealt with in the order j in which they are received, and replies will , be inserted with the least possible delay. In order to derive the greatest advantage ■ from this column, correspondents sbould 5 give full particulars of the facts upon l whioh ■•■ they desire advice. Whatever the details supplied, however, no responsibility can be accepted for errors, in whatever ! way arising, thongh every effort will be - made to Insure accuracy. Answers are j based absolutely on the Information given, and, therefore, in all Instances, can only ■ 5e applied to the specific case dealt with. - Every! correspondent must enclose his or 1 her real name and address, though, not, of . conrse, for publication. Correspondents are reminded that their 5 addresses must appear on their letters or i inquiry, ac well as their true names. To address simply "Auckland," is not sum- , dent. i l WAIKATO may apply for a divorce after 5 his wife has been confined in au asylum for at least 10 years during the 12 years immediately preceding the filing - of the petition. He will have to satisfy j the Court that the wife is unlikely to , recover. r KNOWLEDGE:— The answer to yonr query depends upon the wording of the resoi lution under which the company author- ; ised the payment of a secretary. If J £4 per year to be paid to the secretary, then the payment of £5 for 15 months r is justifiable, and I do not understand . why it is questioned. Possibly (though I do not gather this from your letter) the sum of £4 was voted to remunerate r a given secretary for his services, withr out filing any period. If that was so, the r payment of £5 would, of course, be improper, and the officer paying the extra sovereign should refund it. • CORINTHIC:—I gather from your query 1 that B took from A a subcontract for painting; B began the work, but in a day , or two was stopped by A on the grounds that he (A) had no power to give him l the work. If the above is a correct statement of the case, B may claim through A's breach of contract. t INTERESTED:—Your best plan would be 1 to get a solicitor to have the records •of the Chaucery Court searched. Your l name is not a common one, and the matter should be easily decided. A ? New Zealand solicitor conld do the j business for you through his London ; agent. THANKFUL writes:—"As I have lately pur--1 chased a house, and the next door neighi bour has a window overlooking mc, and I want to erect a high fence, which j will compel mc to block that window (it woula not, however, be quite close ! against, as the neighbour has a passage ) of about 4ft), I would like you to be 3 good enough to let mc know if I would i be going against the law by so doing, even if that same window had been there for a number of years?" [Thankful may, if he desires, erect his fence at any time, and leave it to his r neighbour to assert his right to the light. 1 The right to the light, if any exists, can - only have been acquired by grant or piescrlption prior to 1894, or by deed since * 1894. I gather from Thankful's letter that ? the window is not old enough for any l such right to have been acquired before 5 1894.1 D.E.T. will .need to repeat the former query * he refers to, as the matter has passed 1 out of my mind. 3 WIDOWER writes:—"A wife gets a separa- ! tion order and alimony against her husband. This Is paid regularly for several years, till her death; also her funeral expenses. Sue dies in a public institution, and thy refuse to give up her effects to hex- husband. Can he ' claim them, and how is he to get possession? There was no family." i [If the wife's effects value enough , to warrant It, Widower could obtain letters of administration, when his wife's property - would be handed arer to him.] , AGGRIEVED writes:—ln November, 1800, A got judgment against B for a sum of money, which B has not paid, al--1 though he has been getting large snms f of money at frequent intervals ever since. Knowing that it would be useless \ getting: Ja judgment summons, A has taken no further proceedings. Now, A knows that B will get a certain sum of I money very soon from C. Can A secure the amount of the Judgment In C's hands, with or without interest? And , for how long does a judgment remain > food?' 1 [Aggrieved may very probably attack the f money in Cβ hands, but in doing co he , should obtain legal assistance, as the proceedings are of a technical nature. The udgment will remain good for 20 years • from its date-1 , IN DOUBT:—The Receiver of Wreck: Since my . answer to" your query ou 24th March, has kindly drawn my attention ' to the very'wide definition of the word l "wreck" in section 251 of "The [ Shipping and Seamen's Acf'of last year, . this definition gives the word a much. '_ wider meaning than the ordinarily accepted one, and, after further considering It, I think the ljest course for you to adopt is to hand the dinghy over to the Collector of Customs. J. MANUFACTURER'S AGENT aeka for ad- ' vice pn a particular Aot of Parliament, t but he has not mentioned the name of the Act to which he alludes. This has given rise to delay, and, in the end, I failed to satisfy myself as to exactly i what Act be u'.lodee to, However, i opart from the Act, when an Buglieh , firm employe un agent in New Zealand to leave Its samples with customers iJWe, and from these samples goods are eyeotpany bought tlu'eqirh. the New I Zealand firm's a seat In London, lam of opinion that the EtaElieh, firm is doing business in New Zealand, P- BATA,;— Tae latest; Law Mat I have been a able to obtain fer the country mentioned }s d.ate,d JBBB, and U»e solielter ieferred to by yon was not tiien practising there, d. GAHPESEH G has a large q. allotment in a Be4jeense district. "He 3 grows, a large quantity of phubarb an<J a £#?£, « ,i n t 9 Ifeftbacb w-ine. Cw Q ° pe}l £us -fftae in lots wftWt a a license? (2) If net, can G sell it with i- a license?" ■*» . . ft»T«*ei irtn a -Be-Hoeßse district J
. ANXIOUS writes: —"If I leave a town and -come to Auckland owing a debt, and , my wife sends her machine to an auction mart to be sold, and at the same time tells the auctioneer distinctly that it is her own property, and about j n week later ehe comes to Auckland also, and about a week or ten flays after she writes to the auctioneer about the money lor the machine, there being a reserve of £5 5/ on It. The auctioneer writes and tells her that It has been seized by the bailiff In the case, Sir. l<., Id which I was defendant. Is the auctioneer responsible to her for the money or restoration of the machine, or has she a claim at all, and vrho should it be against? And, if there Iβ a claim, can she sue from Auckland or must she sue from the district she_ came from, and would It be necessary" to have a solicitor?" [If your wife was the owner of the machine, it could not legally be seized by your creditor, and your wife may claim lt» value. She will have to sue in the place where the transaction took place, and she will need legal assistance, as the proceedings will be of a somewhat technical nature. Of course, It does not follow that your wife's presence will be necessary out of Auckland,, but the solicitor will advise you fully as to rhat.l
LEGAL INQUIRY COLUMN., Auckland Star, Volume XL, Issue 77, 31 March 1909
Fairfax Media is the copyright owner for the Auckland Star. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons New Zealand BY-NC-SA licence . This newspaper is not available for commercial use without the consent of Fairfax Media. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
This newspaper was digitised in partnership with Auckland Libraries.
Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.
These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.
Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.
Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.
Use these buttons to limit your searches to particular dates, titles, and more.
Switch between images of the original document and text transcriptions and outlines you can cut and paste.
Print, save, zoom in and more.
If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.
The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.