Legal Conundrums

NZ Truth, Issue 580, 29 July 1916, Page 4

Legal Conundrums

(By "AN HONEST LAWYER.")

AH matter for treatment m thlt column to be addressed to th« Legal Editor, "Truth" Office. Wellinaton. It must be understood that svhil* «very effort vs made to secure accuracy, "Truth" can assume no responsibility. The querist must send name and address, not necessarily for publication, but at a guarantee of good faith.

"Storeman" (Hutt): Look up a copy of the Award m the Supreme Court. If you desire to be enlightened on the clauses send a copy here and an explanation will follow. ''J.W." (Wairoa): Apply to the Base Records Office. Ask to see Major Norton Franols and lay your case before him. You will get a fair deal. As the wife, you should be entitled to a portion of his pay. On the other hand, you will have very little chance of succeeding m the Divorce Court against a man serving Ms King and his Country. Wait until the war is over. "Distressed" (Chrlstchurch) : The Magistrate's Court will have no jurisdiction m the matter you mention. It will have to be a Supremo Court action. Inquiries aro being made from the solicitors acting on the other side. Look at this column the week after next.- 1 ■•.. - : ■ . i . , .

•Interest" (Wanganul East): It dedends entirely how the mortgagors drawn up. Request the mortgagee to make up your statement of account to date showing the amounts paid by you and what balance is owing. When you receive it .send it on to this office and it will be gone into. "8.5.A." (Sanson): It is not wise to change horses crossing the stream. Having already consulted a solicitor your best plan is to be guided by him, unless you are of the opinion that you are not being treated fairly. In that case the Legal Editor will take a hand m the matter. "Agent" (Chrlstchurch) : (1) Authority to act as agent may be implied from conduct. If a person holds another out as having authority to act for him he cannot by private instructions limit such apparent authority so as to affect the rights of third parties; (2) Whether the agent or principal or both become parties to the contract depends upon the Intention of the parties as expressed m the contact; (3) The agent must not make any secret profit from the employment but must account to the principal for all moneys, received on his behalf; £4) A stranger to the contract can take neither rights nor liabilities thereunder. "Wager" (Wonagnui): The legal editor does not decide bets, but m order that "Wager" may become acquainted with the history of the Riot Act, horo it is. The Riot Act was passed m 1714 m consequence partly of the frequent «iots and tumults which aroso beween tho Hanoverians and the Jacobites. Twolve persons assembling together riotously m a public place constitute an unlawful assembly, and if they refuse to disperse within one hour after a proclamation has boen read to thorn, they are guilty of riot, and can be dispersed by force. If In dispersing the mob any of them are killed, the slayer is exonerated from blame. The effect of the Riot Act was much discussed m the case of the Bristol Riots m 1831, when it was declared to be Common Law that raogistrates ought to uso every means In their power to suppress public dlsorder. The section of the Crimes Act m New Zealand is modelled on the above lines, "J.T.F." (Southland) : The fact of your having to proceed to your work on horseback Is one that does not concern the mine. Quito different, however, if the authorities* supplied tho means of conveyance, i.e., the horao, or If they had agreed that you provide the horse yourself. It seems that you elected to proceed to work In your own way, and the fall from the , horse, m our opinion, was not during and m the course of your employment. It might be i-egarded. however, as a question of fact, but as you were out of work for a fortnight only and the management are disposed to contest tho claim, It is far cheaper to let it drop. "E.J.J." (Paoroa): Tho question Is, under whose direction were tho men working at the time of the accident? (1) Did the accident occur during and m the course of the employment? (2) Was it on or about the premises during such course of employment? (8) The quentlon of Insurance is one aa between the farmer and -the contractor not tho men. <4)) In view of the facts stated and that tho farmor directed the men In their work, and the men obeyed the orders given by the farmer, it would seem that the men wore m the employment of the farmer, and tho contractor would •have nothing to do with the concorn except draw his money when the Job was finished. What sort of muddle do you mon got yourself Into for no reason and how many masters do you want to work for at ono and the same tlmo? (5) If tho contractor knew his luminous ho would havo seen that tho mon wcro insured before Btarting work. Owing to his own nogi Jlgenco this difference arises. Ho must put up with it. The man who loot his toes should lose no tlmo m i getting to work on the farmer who employed/ him »nd presumably paid him tho wngp«. "Anxious" (Wanganul): It Ih rather diNlcult tv udviso you m thlu mutter. U'h certain that tho lady nan no color of right and can be proceeded airalnat for theft. In crons-examlnatlon, however, you would have to admit tho eo-hftbltnUon and Aovun years' haii*. pi tiCtiri would weigh considerably u-iili n. Jury. Und«r tho circumstance. 1 ! you would bt< well ud vised to i>u: up with tho loss of ilio rtuth and plate, but th» »tx-roouHHl house- la worth having <i flutter for. Go and sco a local (solicitor and oxpl.'iJn tho fnotw. "Lessor" (Marton): An unrofflstercn memorandum of l«*a«o of land under Tho I«!WJd Tnwwfer Act for a term of three yours, containing nn exprwin covenant to pay ihq rent rosorvi.d (:», whilst non-regtatrailon continual, merely nn agrvtnu'iu for v l»<:n«<«, uu<( till rlifhta thereunder are cquitubln rich tit, cogniwible only »>>• nonie court huvlng completes equitable Jurisdiction. "Partner" (Auckland): Where there la nn nurweinenr ln'twcon two jioraona to oflrry on v certain venture and to shnrn nil profit it no mention being mm) e n* to i>:«;tner«hlp or jo th« meeting of )on9c* much an axr«einent coiuiiltutoa pritnx facto ovJdenco of a pannprahlp. "Shareholder" (Auckland)— Tho Dlrtcy torn' Liability Act, JBOO, In Knulnntl, lit represented In Now Zealand by n«eUon 7C of the Companion Act. 1908, and this given a right to Anyone who htm been Induced to nubsc-rlbe for share* In a company* by untrue M«t«;. menu m a pro*p«ciu», to obtain enmjMjnwitlon from the dlre;toro for l<.c« HUNtalntHl, tittles they can »how that they h«d reai»onftble ground for >- t .. llevlng iho statement, and continued ttf hftlleve It until sh<? shar*? m-r> nlloiU'd. or ilmi tho «lut«nwm won v fair account of th»> n.'imrt of an :\. fwrt, or a correct reprtf/ummtiots <>f an oHlclnl document.. Ttoo«u» u^!:;.-^ r» |»r<*st>eeiUi» Inviting »»»<* j.u^iiu m JOJn Hhould fit.ue. evAryiJtltVK with Rtrtej nnd ftcrutMiSaiM lu'ruMcy., f>,>. c«f*U xvhleh <?.<vi not tlwcivp b n<# frnud. Th* r«tJ-owtntAt, : vr, nyat actually dtfoulv*.