Legal Conundrums

NZ Truth, Issue 602, 30 December 1916, Page 4

Legal Conundrums

(By -AN HONEST LAWYER. 1 *)

All matter for treatment In thU column to be addressed to tha Legal Editor, "Truth" Office, Wellington. It must be understood that whils every effort is made to secure accuracy, "Truth" can assume no responsibility. Tht querist must send name and ad* dress, not necessarily for publication, but at a guarantee of good faith. "Slander" (Timaru) — The mere imputation of want of ability to discharge the duties of your office or m regard to your profession, Is sufficient to support an action for slander. It is not necessary that there should be imputation of immoral or disgraceful conduct. The probability of pecuniary loss from such imputation obviates the necessity of proving special damage. As an instance, where a clergyman is beneflced or holds some ecclesiastical office, a charge ol? Incontinence is actionable. It is not so, however, if bo holds no ecclesiastical office. "Contractor" (Hastings) — Pay the money into court. It is far safer. By doing so you relieve yourself and your property from liability m respect of the amount m dispute between the parties and you also escape costs. "landlord" (Wellington)— Yon appear to be entitled to enter for the purpose of taking peaceable possession. You must do bo, however, m the day time. Remember, also, that you are talcing a risk. Your action may tend to create & breach of the peace and it is hero that the trouble may commence. Better take proceedings m the Magistrate's Court and do it m the orthodox manner. "Purchaser" (I»evin) — Register the instrument under tho Chattels Transfer Act, otherwise it is Invalid and of no effect. "BHT (Napier) — An Indorsement m blank specifies no indorsee, and such an Indorsement makes the bill payable to bearer. "Trustee" (Cbristchurch) — No solicitor who acts as a trustee is allowed costs for professional services ptirformed by 2tlm In the execution of the trust unless the contrary has been expressly declared by the Instrument whereby the trust was created. Go and see Mr. Donnelly, of Gloucesterstreet. He is an authority on the subject matter of the inquiry. "Carrier" ("Wellington) — Goods ax© deemed to be m the course of transit from, the time they are delivered to the carrier for the purpose of transmission to the buyer, until the buyer, or hla agent m that behalf, takes delivery of them from the carrier. "Petitioner" (New Plymouth) — A wife may at any time after alimony has been allotted to her, die a petition for an increase of the alimony allotted, by reason of the Increased faculties of the husband, or the husband may file a petition for dlmlnuation of the alimony allotted by reason of reduced faculties, and the coarse of proceeding m such cases is similar to those applicable In respect of the original petition for alimony. "Partners" (Auckland)— A Joint petition may be filed, and It will have the effect of an order of adjudication against them jointly, and against each of them separately. "Reservist" (Invercargill) — You are a little previous, are you not? It does not do to alarm oneself unnecessarily. Wait until you are called up m the ballot and then write again. "J.V." (Gore)— Letter received. "Backblocks" (Clyde) — Your Questions are very interesting and are receiving attention In the proper <[uarter. Look up this column m about a month or bo, and you may get too information you seek. It is not quite a legal inquiry, but it is near enough. "Anxious" (Tauranca)-— lf your stock was covered by insurance you would be responsible to your customers for repairs. It Is an open question as to whether these customers (who left their goods with you) cannot recover the value of the articles left m yonr safe keeping. In the event of their being m a position to prove negligence, you win have to pay or make good the loss. "Constant Reader* 1 (Chriatchurch) — Your question Is not clear. Do you mean that you would like to take proceedings on your son's behalf m the matter of a divorce? This cannot b« done. Your son must, be th» petitioner. Be paHwnt, when he'returna will be time enough. The coots on the lower scale would be In the neighborhood of £30.