Legal Conundrums

NZ Truth, Issue 579, 22 July 1916, Page 4

Legal Conundrums

(By "AN HONEST LAWYER.")

■ . „ . . ■ . All -tnattor fop treatment m this column to be addressed to tho Legal Editor, "Truth" Office. Wellington. It must bo understood that whila every effort, is made to secure accuracy, Truth" can assume no responsibility, "he querist must send name and address, not necessarily for publication, but as a guarantee of good faith. "Perplexed"; (Taranaki)— lf any dog on any highway rushes at, attacks, or startles any person, or any horse, cattle, or other animal, so as to endanger any person or property, the dog may be killed immediately and the owner is liable to a penalty. Any person who sees a dog at large biting or attacking any person, or any horse, sheep or cattle, or who is hlmBelf bitten, may kill the dog without being liable m damages. The owner of every dog is liable m damages for all injury done by it, and it Is not necessary to prove a previous mis- ' chievous propensity In the dog, or the owner's knowledge of such propensity, or that the injury was due to neglect on the part of the -owner of the dog. The English law m this regard is slightly different. (2) Second cousins may marry, although the Catholic Church have rites of their own which must, and certainly should, be considered. "Agent" (Kuputaroa)— The summons having been issued by the court, whether It is served upon the defendant or not is immaterial. On a settle- . ment, thp. plaintiff is entitled to tha costs of the summons. ' "Constant Reader" (Invercaxgill) — The Hospital Committee have power to sue by statutory authority. If you tell them your position and convince them ■ you are not trying to evade payment you will find that they will give you ample time la which your obligation may be met "Fair Play" (Manurewa)— There seems to be quite a lot of litigation to no purpose. (1) A Magistrate has no power to set aside an order made by a Supreme Court Judge. If the Magistrate did so without having jurisdiction he can be made personally liable. Are you sure you have given all the facts? ■' There'a something wrong. (2) You say your solicitor turned you down without giving you notice. Report the matter to the Law Society. (3) Submit a copy of the partnership agreement for perusal . "M.E.L." (Taihape)— There doesn't seem much to become alarmed at. Who wants to go out of their way m a, matter of the kind you montlon? Instead of all this gossip m the backblocks, put m a bit of timo rounding up eligible men to do their duty. War material is wanted. .Help to supply "Water" (Marton)--(l) An abstraction for riparian uses is actionable if it is unreasonable, but no abstraction for ordinary purposes such as drinking and domestic purposes, is unreasonable, even if the whole of the water is abstracted. (2) Where the water flows under. the owner's land In an undefined channel it may be abstracted. "Parent" (Wanganul)--(l) You may Invest the sum mentioned, or any portion thereof m order that the interest may be enjoyed by your son during, his lite, provided ho does not become bankrupt. If he becomes bankrupt or colls a meeting of his creditors, the interest to the eon lapses and goes to the daughter, and m the event of her pre- deceasing, to the children of the marriage. Such a trust may bo created, and it is a wise one. (2) A bill of sale of chattels remaining m the possession of the grautor la void, unless registered wtthlft twenty-one days. "Motor" (Palmerston North) — All contracts, whether by specialty or simple contract entered into by Infants for the ropayment of money lent or for I, goods supplied or to be supplied (other than contract for necessaries) and all accoantn stated with Infants, axe absolutely void. (Infants' Act, 1908, section 12.) According to your statement the agent of the firm induced the lad to part with £30 on account of £60 for a motor cycle. It is doubtful whether the court would consldor It neees- ' sary for a boy of sixteen tt> purchaso such an article at such v price without his father's consent. Demand that the £30 bo returned, jeso say £2 for tho hire of it. And do not give up tho machine until' you gat the money back. It you aro threatened with proceedings go and nee a legal man m your distrlot. "Mortgagor" (Grey Lynn) — Tho mortgagoo may take possession. He has not the remedy of foreclosure. He may soil under his power of sale, but ho may not onter Into possession until default Is made by the mortgngor, who may redeem at any tlm« before the sale. Whore, howover, tho mortgagee has boon m posncsulon for twenty years without acknowledgement, tho mortgagor's right to rodeetn la gone Where the mortgngco is out of New Zealand tho mortgage money may be paid ovor to the Public Trustee and a rolense obtained. Tho Property Act of New Zealand provides for this. "Allen" (Wellington)— Any alien woman married to a natural born or naturalised subject of hla Majesty, slialt be doomed to be herself naturalised, and shall have all tho rights and privileges of a naturnl-born mibject. Whera the father, or the mother boing a widow, h«8 become naturalised In New Zealand, every child of «ueh father or mother, who durlni? minority become* resident, with such father or mother, In New Zealand, shall bo deemed to bo himself naturalised, and shell have nil tho rights and prlvllejrt* of <i naturalborn subject "Leaseholder" (Tlmnru)--The law as to leases of mortjratrod property, In a nutshell. Is thlw: No valid leas© of mortgaged property can bo mado by tho mortgagor without the. consent of the mortgage*. Such a. loan*, however, would bo good agnlnst tha mortgagor by Estoppel and would become valid when tho mortirn*o waa pnkl off. All tenancies of tho property made subsequent to tho mortgage con be avoitlod by the mortgagee. In such a catio tho inortgagco give* notice to tho tenant to pny the rent to him, tho tenant will, on complying with such notice, bocorn© a tenant from month to month, and thin although the lexuio wan mado for a (arm of years. "Hnrry" (Blenheim)— Your letter was duly received. It was thought n/ivlsnblo to wait ft llttlo for dovclopmenu*. As you havo heard nothing further, «. personal Interview will bo ffoittfht with iho gentleman fit an early date And you win Ih* Informed of (he reflult through thin column, l^ook for It In about v month from now. "Patentee*' (Dunedln)-»PubllcafJon of <»n Invention In ternm of m«r<? gencr*; allty, or noi rruo to their full ex- ♦ tent, will not Invalidate n nubnequent patent, the speclficAtlon of which Is limited and accurate nnd tfve* a apecMn rule In pmcllcnl ftpi>Urn<Jon. The mere fact that Improvements havo heon made In no «,H<fen7o ir» ur. ActJon for Infringement where v combination of tl»« plaintiff* patent ha* In mibutnnee been taken. Prior publication to havo tha effect of lnv«t. Mating a subsequent patent mun !>e one from which a peraon of ordinary knowledge would bo nblo practically to apply iho discovery without farther •xporLnoat,