Legal Conundrums

NZ Truth, Issue 605, 20 January 1917, Page 6

Legal Conundrums

(By "AN HONEST LAWYER.")

All matter fcr treatment m this column to be addressed to the Legal Editor, "Truth" Office, WetUngtcß.

It must be understood that whilt every effort is mad 6to secure accuracy, "Truth" can assume no responsibility. The querist must \ send name' and ad« drest, not necessarily for publication, but as a guarantee of good faith. "AJBJL" (Onehunga) — The husband's liability ceases at the termination of the marriage. He is exempt m cases of the wife's frauds. He is not liable for her anti-nuptial torts, except as to any property acquired by him through the marriage. He is not liable for her breaches of trust unless he has administered the estate. He is liable, however while living apart from her by arrangement; not so if there is a Judicial separation; m the latter case he comes under the Military Service Act and would be transferred to the First Division. "Reservist" (Invercargill)-— lt seems pretty hard 'on you, but it is absolutely necessary to obey orders. And m your case \fhere a certain amount of mental pain combined with phy^ steal injury must result, undue hardship could be a ground of appeal. You are advised, however, to go into hospital as directed by the Medical Board, or you will be courting trouble. And it is not worth it. You may be turned down at the last ! moment, although you ore not looki ing for it. • • "WJB.H." (Deyonpoxt)— The question is quite clear. Your grandmother had no right (as trustee) to dispose of youT property m the' manner indicated. It is quite true that' the rates must be paid, but there is a legal way of making such payments on behalf of a minor. If your uncle is m possession he win have to give it up. He has no title to it, and Che sooner you get to work the better. Get further particulars end. here again. • "Bunko" Olnvercargfll)-^-The police, es a rule, report on the holders of hawker's licenses, and subject to good behavior, these licenses are not interfered with. Where a Town Board takes up the control , and, specifies cer{ain conditions upon the holders of such license and embodies these conditions m its by-laws, and fixes a I definite fee, there is but one thing to do. i.e>, pay the fee prescribed. Observe the conditions also, otherwise you may lose the license. "Wireless" (Christchurch)— -It is a gdod profession m Its way, but there are dozens of others. A young man, 24, years of age, medically unfit and. turned down by* the authorities, can do much better however, than waste his time, m the operating-room of a dot and dash den. A laborer's mind wants a lot of opening up, and it would take you too long to get into the funning. And what Is more, It would cost you quite a lot of money to make the experiment Aa a laborer you oan command top wages, and you know where it is going to end, and you also know when you have finished your work. As a wireless man you would be never finished. Laborers are not out out for scientific positions, ona m a thousand are successful, and you may not even be that one. Leave it akm« and stick to your own work. "NJDJP." (Milton)— You should have been transferred m the usual man-, ner. (1) You cannot claim the difference becauso you were never transferred, therefore, you could not be regarded as an indentured epprontjee. Legally, you have no master. (2) You cannot blow hot and cold with one breath. You must elect to servo your time under the old conditions, or sign on under th« now ones. You cannot do both. "Owner" (Wellington) — Whore th» owner of a motor-car is riding m it while It Js being driven, and has tjhus not only the right of possession to It, ha necossarily retains th» power and the right of controlling the manner In which It Is to .be driven. When tho owner himself, being m the actual possession of the car, hands over the whoel, he does thus not only the Tight of possession ' or right of control, and Is liable for injuries which tho temporary driver causes to a person lawfully using tho highway. 4 "Wharf laborer" (Dunedln)-— Shipping companies are bound to uso reasonable caro when conducting operations on wharves. Ordinary members of the public' are expected to keep out of the way of danger, If they exorcise care, and an injury is Inflicted, the outcome of the company's negligence, there la v good cause of action. In your position as a wharf laborer It Is different, because you work on tho wharf. It is a matter for tho secretary of your union. "Assistant" (Newtown)— (l) There appears to bo no reason for tho master to consider the application of the servant Tha master has tho right of control and may order tho servant to perform certain duties. If the servant doe 3 not obey tho lawful commands of his master, tho servant raust flnd another Job. (2) Ya» are not minding your own business, and it Is dangerous to Intorfore. (S) No person con onforco ft right which ho has voluntarily waived or abandoned. "Licensee" (Auckland)— Thero may b« a claim, against tho Crown, and under the Crown Suits Act It can bo brought by tho way of a Petition of Right There Ih no claim, however, for assault, false Imprisonment, maM- \ glous prosecution or erroneous Judicial pfoecedlnK. libel, elandcr. or malicious motive. Tho Crown U also bound by tho Death* by AccJdonta Compensation Act, 1908, an<t Section 62 of tho Workers Compensation Act. Claim must not oxcood £ 2000. "Partner" (Olabarno) — Every partner la Hablo with hla co-partner Jointly and aeveraUy for everything for which tho firm becomes Hnbl<j. i "Assaulted" iTis Aro)--(J) You are out of court. No action can bo taken for Injurlo* to tho pemon after s. lapse of four ycsim. (2) On actual proof of tho darnajjo you may perKevoro with your claim for nlandor within six yc'!ir« from dalo of the ! damntro accruing, not longer. ! "Thrifty" (Wavorley)-~UnJe*« It can I ho proved by the Pensionß Commlsi nlonor thnt your Incomo execod* | £84 per annum, you urn exempt Th» I r.inaU amount you earn does not alYect tho l«aue either way. "Oxonian" (Oxford) — Son reply to •Thrifty." NVaverley, In this l»«uo. You aro earning only £!<"•. If you comply with the conditions of the Act, you aro entitled to £26 p«r