LEGAL INQUIRY COLUMN.

Auckland Star, Volume XLI, Issue 4, 5 January 1910, Page 8

LEGAL INQUIRY COLUMN.

CONDUCTED BT A BARRISTER-AT-LAW. Letters of inquiry will be answered every Wednesday in this column. As far as possible they will be dealt with in the order 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 should give full particulars of the facts upou which they desire advice. • Whatever the details supplied, however, no responsibility can be accepted for errors, In whatever way arising, though every effort wUI be made to ensure accuracy. Answers are based absolutely on the information given, and therefore, 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 thel? addresses must appear on their letters of inquiry, as well as their true uames. j,u address simply " Auckland," is not sufficient. X.B.—A power of attorney Is a document which gives one person the power to act for another. In your case it would enable a relative or agent to receive the legacy and give a discharge to the trustee. In such a simple case, however, a power of attorney should not be necessary If you sent on a receipt for the legacy, with Instructions to tne trustee where to send the money. I cannot say what it would cost you to get a solicitor to act for you, because I do not know what work would be entailed. riLLOW CASE writes:—"A built a fence along a road, and kept clear of survey pegs towards his own ground, without any- assistance from a local body. A's housekeeper, with A's permission, intends drying linen on top wire, as she considers the fence is A's property. Can auybody prevent her?" [This query suggests that there is a bylaw in A's district covering the matter. If so, A will have to observe it, unless he cares to test its validity. Apart from such a by-law, he may use the fence in any way he pleases.] A. A. writes:-—"(1) Is five days' written notice good enough to recover additional rent on a weekly tenancy? (2) Is It necessary in law to give written notice to tenants to quit, or that their rent will be raised? (3) Would four weekly payments shown in a rent book constitute a four-weekly tenancy, failing other evidence? (4) Is there such a thing as a four-weekly tenancy in law? (5) Wheu such people as these alluded to get possession of a house, what is the shortest and surest way to get them out without resorting to a blunderbuss and slugs? - Another matter: The local council have levied and collected rates for nearly four years on three properties of mine ■which have no metalled frontages, although there are good roads In the vicinity. Half the annual rates collected in the street would do the work. Two petitions have been lodged. 03) In the event of refusing to pay further rates till work is done, could the Council recover from mc?" 1(1) It Is an unsettled point whether or not a full week's notice is necessary in such a case. It is safer to give a full week's notice. If, however, you.intend to sue, you may claim the extra rent, and will probably recover it- (2) Oral notice is sufficient. (3) Most probably. (4) A tenancy is purely a matter of agreement between the parties, and may be for any number of days, weeks, or years agreed upon. (5) The old-fashioned way was to take the roof off. I am afraid you would find that a core worse than the disease. The only other way is by means of an order for possession obtained from the Magistrate's Court. (6) Yes, and sell your property, if the money could not be collected In any other way.] PATBST.—Please ask yourself how I can possibly advise you on your rights and liabilities under your partnership agreement without being permitted any knowledge as to Its contents. All I can tell you Is that yon cannot seize half the partnership property against your partner's will. If yon cannot dissolve amicably, you will .have to get the Court to do it for yon, and the partner who puts unreasonable difficulties in the way wilt probably have to pay costs. To protect yourself from responsibility, all persons the firm has dealt with should be notified of the dissolution, and, so long as it is brought under their notice. It does not matter how It is done. Advertising in the local papers would be sufficient for fresh business connections, but a posted circular would be more satisfactory for old ones. Any profit you might make by working the patent alone you would have to share with the other part-owner. INTERESTED.—If the income of each member of the family is below the exemption, each will make a return showing it, and that will end the matter, no tax being payable. INQUIRER. —The copy wUI asked for I hare now received, and I am sorry to say That, as It stands, it is worthless, and might do more harm than good to the beneficiary. RATEPAYER writes:,—"By a majority of ratepayers' votes in onr road board district it was decided to rate all property on the unimproved value. Our-section is uuder lease in perpetuity, and the Government valuation Is £63 15/ total, but -we are rated by the road board on a total of £SO. Will you kindly tell us how to get this rectified, and oblige?" [Tour only way to get your valuation amended was to appeal against it when it -was first made. Wiat I expect has happened is that the value has Increased since the land was first taken up, and that, though you are paying rent on £63 15/ only, the value is now fixed at £Sf>.] ANXIOUS.—If the marriage was in order, apart from the errer In the certificate it is quite legal. Probably the entry in the official register is correct, and a simple clerical error has crept into, the certified copy. PUBLIC—A formal deed of gift would be necessary. WJiat the cost would be 1 cannot say, because I know nothing of the nature of the title. Probably £4 4/ would cover it. No survey should be necessary. SUBSCRIBER writes:—"Can any employer put an apprentice off for a fortnight's holiday without pay, said apprentice being under 18 years of age, and in the boot trade?" JTie rights of the parties are defined in the award and the Indenture of apprenticeship, of the contents of both of which I am without information. It is very unlikely, however, that the employer has fbe right j to act as is suggested.]