Legal Conundrums

NZ Truth, Issue 604, 13 January 1917, Page 4

Legal Conundrums

(By "AN HONEST LAWYER.")

!. v .■:. ' . ■ v ~ ~~ All matter fcr treatment m thi« column to be addressed to the Legal Editor, "Truth" Office, Wellington. - It must be understood that while every effort is made to secure accuracy, can assume no responsibility.^ The. querist, must send name and ad-' dress, not necessarily for publication' but as a guarantee of good faith, "A.F.S." ( )~You have given no address. Read the conditions at the head of this column. The card you . make the inquiry on. reads, "Made m Germany." It has been turned down. "Joint Tenant" (Hamilton): If land ia given to A and B without further words, they are joint tenants m fee simple. After the death of one ot them the survivor takes the" whole property and may do with it as he pleases. No joint tenant can devise his share by will, m order to prevent the others from taking by survivor* ship. The proper form of -. conveyance between joint tenants is a re-* « lease and this because each one baa already the eesin of the whole. There is a unity of possession, of interest^ of title, and of time of commence* nient of title. "A.H.P." (Dunedin): As a creditor, . jyou may inspect the statement, and . you may take a copy or extract, un-,. less you are a creditor it is contempt of court. The way out of the difficulty, however, is to pay a fee of a' , shilling and you may get all the Information you require as an ordinary member of the public. "Wife"' (Petone) : You may not enter into^partnershlp without the written consent of your husband. If you do, v it will not be binding. "Worker" (Wellington) : It can be sot-t tied without going into court if both parties agree. Do not take upon yourself to fix the matter up as yon term it, there's your wife and call-/ dron to consider. Why not let the Union do it for you. The personal dislike to- the secretary cannot affect the settlement either way. And, be- ; I sides, you have no actual proof of > what you allege and if s most unfair. Let tho Union do it. : "Husband" (Auckland): Too are riot , responsible for your wifo'a breaches of trust, unless you acted m the administration of the trust. "Litigant" (Palmerston North): If th« S judge to whom the application is made, thinks fit to direct a retaxation, it can be done, but there will have to be some special circumstances, and on the facia stated there appears to be nothing to warrant such /a course. The judge may take* into consideration the extent and nature of the interest of the party making the application., "Shareholder" (Auckland): A statutory, declaration is necessary, tt must be signed by all the directors and filed with, the Registrar or the Supreme Court. Every director who commits a breach m this direction, and who negligently and without having made a reasonable investigation or inquiry as to the requirements of the Company and makes the declaration ia liable to a fine not exceeding ont hundred pounds. "X.Y.Z." (Oamaru): The district Ia ds-'y . dry one and you cannot take upon. ' yourself to act m the manner you suggest unless you. care lo have v dtng dong go with the police!. Of course, you can try it and test it Uv the Supreme Court, but it is going to cost you a lot of money to say nothing of the chance of the boot. Leave it alone. "X.8." (Invercargill) : The Act cornea into operation tho day on which It receives the Governor's assent, if It does not otherwise prescribe tho tlmo from which it is to tako effect. Men on active service are expected to ace the war through and are not sent ■ back on reaching the age of 46. It would be unreasonable to expect it, if physically fit. "A.C," (Christchurcb) : You may relieve the liability on the property by paying tho amount m dispute into court. And this is the safest way of overcoming the difficulty. If the actual money is not available the court would m most cases accept security by the way of a bond or indemnity ( duly approved. The clork of court 'would help you. "Milkle" (Wellington): An occupier may Impound cattlo trespassing on his land, but cannot claim for damage done if the land Is unfenced. You state your land Is fenced; very well, the next time the cattle come along, detain them, and do not release them until tho damage is paid for. Otherwise you may claim trespass rates. You must glvo the owner of tho cattle notice within 10 hours of tho capture and you may not detain them longer than 48 hours, but you must drive them to tho nearest pound. Tho description of the cattle, brands, damage done, owner's name all this must bo delivered to tho poundkeopor. You may not shoot thorn, or you are liablo to bo proceeded against criminally for mischief. Fowls, however, are on a different street. The pot is a good placa for them. Note that you cannot dotain tho cattle unless you catch thorn In tho act, on your land. "Builder" (Clutha): Tho adjoining owner may certainly object, if your anprlo of obstruction exceeds fortyflve decrees. It does not make the slightest difference if ho is of a qtiarrclsomo nature. The law says fortyfive degrees, and you must stand by it. Perhaps ho will soil his land to you for a reasonable figure, otherwise you are In a very awkwnrd position. But do not go to law, If your facts are right you are out of court. Settle privately If possible. I "Auburn" (Dunedln)." Seven years np- ! pear to bo amplo tlmo for tho trustees to mako up their mind how to handle- tho estate. It should lm wound up and tho money m th^ ««v---ingn bank distributed. The miburhan NGO.tkm nhould havo bt><«n <i!«« posed of hmg before this. If the trustees will not act. you can gon-.p< 1 them to do «o by applying: to ih« court. "Landlord" (Petono): Whore n. person authorises and requires another t<j commit a nuisance, ho is H.aWo for that nuiHfincc. h\ Harris v. .lumcji a X landlord »■»« hold H.t'ble for a iuib>-m^^ uriCO cau«ed by the act. of h!« u-urxtifc m bltistlntf oporntionH rtni! i\u> i»urr - (ng of Hints on tho ground Uu»l 11.0 land wo« l«t to him for Www. v<«ry purpois«. ThU cabo. you will observe, In on all fouru with your?*. Von mun remedy It or pay for tho dnnujpe.