PARTIES TO SUE AND PARTIES LIABLE.

If the actual enjoyment of the property is interfered with, the person in possession thereof alone can sue; but the owner may sue if the injury is of such a character that it may affect his estate in the land, e.g., as if it cause permanent damage. The person who creates a nuisance is, in the absence of evidence tending to throw the responsibility upon some other person, liable for it, and whether it be upon his own land or not.

Old-Age Pensions.

Persons of the age of 65 years, or of 60 years or more and disabled from some bodily ailment or defect from earning their own living, may obtain a pension under certain conditions.

No alien, Australian aboriginal, or Asiatic is entitled to a pension.

CONDITIONS CLAIMANT MUST FULFIL.

The claimant of an old-age pension must show that—

1. He is at least 65 years of age.

2. He is residing in the State on the date on which he succeeds in establishing his claim.

3. He has been resident in the State for not less than 25 years immediately preceding such date.

4. During the 12 years immediately preceding such date he has not been imprisoned for four months, or on four occasions, or for any offence punishable with imprisonment for 12 months or more.

5. During the 25 years aforesaid he has not been imprisoned for five years with or without hard labour. 6. If married, he has not upon any occasion deserted his wife for six months or more, or failed to provide her with due support-without just cause, or has neglected to look after such of his children as were under the age of 14 years.

7. He is of good character, and is leading, and has led for five years at least, a sober and respectable life.

8. His income is under £52 per annum.

9. He has not deprived himself of property or income in order to qualify for a pension.

10. If naturalised, such naturalisation was effected at least 10 years before the date of his claim.

HOW TO APPLY FOR A PENSION.

The form to be filled in may be obtained at any post-office, police station or court house; when completed, it should be sent to the nearest Clerk of Petty Sessions or to the Deputy Registrar for Old-age Pensions for the district-care being taken to make the declaration indorsed upon the form and to have the same witnessed in the prescribed manner.

The claim is then examined by the District Board for oldage pensions who may require the personal attendance of the claimant, or demand further proof of his title to relief.

Upon admission of the claim a pension certificate will be issued to the claimant by the Deputy Registrar.

The form may be sent in at any time within two years before the date at which the claimant alleges his pension should

commence.

APPEAL UPON REFUSAL OF PENSION; WIFE MAY

ALSO APPLY.

If the board refuse to grant the pension, the claimant may appeal against its decision within one month after he has been notified of the fact of refusal; form of appeal may be obtained from the Deputy Registrar, and, after filling it in, it should be sent to the nearest C.P.S.

The wife of a man to whom a pension has been granted may nevertheless apply for a pension if she is 65 years of age and can satisfy the other conditions.

MISCELLANEOUS POINTS.

If a pensioner has an independent income of over 10s. per week or property over the value of £300, certain specified deductions will be made from his pension in view of the above circumstances.

A pension is not transferable, and cannot be attached in respect of the pensioner's debts.

Any person endeavouring by means of false statements to obtain a pension to which he has no claim, or one of a larger amount than he is justly entitled to, is liable to imprisonment for not exceeding six months.

Persons supported by or receiving relief from a charitable institution are ineligible for pensions, unless suffering from some bodily defect or ailment which prevents them from earning their own living.

Partnership.

DEFINITION, ETC.

Partnership is the "carrying on of business together in common with a view to profit.'

An "ostensible partner" is one who allows his name to appear in the firm, or who interferes in the management of the business, so as to produce the impression in strangers that he is an actual partner; such person is liable as a partner to anyone who has, on the faith of such representation, given credit to the firm.

A "dormant or sleeping partner" is one who, though inte rested in the business, is unknown to the public as being a member of the firm; and, as he is entitled to a share of the profits, he becomes, when discovered, liable to the creditors of the firm upon contracts made while he continues interested in the concern, in common with those who are partners in the ordinary sense of the word. The law of partnership has recently been declared by the Act 55 Vic., No. 12, some important provisions of which are noticed below.

LIABILITY OF A PARTNER IN A FIRM.

Every partner is jointly liable with the others for all debts and obligations of the firm incurred while he is a partner. After his death his estate is also separately liable for such debts, etc., so far as they remain unsatisfied, but subject to the prior payment of his separate debts.

LIABILITY OF A FIRM FOR TRUST MONIES.

The firm is liable to make good the loss in the following

cases:

1. Where one partner, acting within his apparent authority, receives the money or property of a third person and misapplies it.

2. Where a firm, in the course of its business, receives the money or property of a third person, and such money, etc., is misapplied by one or more of the partners while it is in the custody of the firm.

In both the above instances each partner is jointly and separately liable.

3. If a partner, being a trustee, improperly employs trust money in the business, no other partner is liable for the trust property to the persons beneficially interested therein-except such partner or part

ners as shall have had notice of the breach of trust. But nevertheless trust money may be followed and recovered from the firm if still in its possession or under its control.

PARTNERSHIP-HOW DISSOLVED.

1. If for a fixed term, by the expiration of such term. 2. If for a single undertaking only, by the accomplishment of the same.

3. If no term is fixed, by notice from a partner.

4. By the death or bankruptcy of a partner; and either of these events terminates the partnership as to all the partners.

5. At the option of the other partners, if a partner suffers his share to be charged under the Act for his separate debt.

6. Upon the occurrence of any event which makes the partnership or its objects illegal.

PARTNERSHIP_WHEN DISSOLVED BY DECREE IN

EQUITY.

The Equity Court may make a decree for dissolution on the application of any partner in the following cases :—

1. Upon the lunacy of a partner.

2. Where a partner becomes permanently incapable of performing his part of the partnership contract, e.g., through blindness, serious injury, etc.

3. Where a partner conducts himself in a manner calculated to prejudicially affect the carrying on of the

concern.

4. When the partnership can only be carried on at a loss. 5. Whenever circumstances have arisen, which, in the court's opinion, render it equitable that the partnership should be dissolved.

CREDITOR'S REMEDY AGAINST SHARE OF A

PARTNER.

Since the above-mentioned Act no writ of execution is to issue against partnership property except upon a judgment against the firm. But the judgment creditor of any partner may apply by summons to the Supreme Court or a Judge thereof for an order charging the interest of such partner in the partnership property and profits with payment of the judgment debt. And a person may be appointed to receive such profits, etc., and all necessary orders and directions may be made and

given to the intent that satisfaction of such debt may be obtained. But the other partner or partners may redeem the interest charged, or, in case a sale is directed, may purchase it.

the

RETIRING PARTNER-HOW DISCHARGED.

A retiring partner may be discharged by agreement for purpose between himself and the members of the firm (as newly constituted) and the creditors. Such agreement may be expressed or inferred from the course of dealing between the creaitors and the firm as newly constituted.

Upon retirement of a partner, and in the absence of the abovementioned agreement, he should be careful to give express notice of his retirement to persons who have been accustomed to deal with his firm; for the usual notice of retirement published in daily newspapers will only be effectual as regards the public in general, and not in respect of particular customers.

PARTNERSHIP GENERALLY.

Though no deed or instrument in writing is necessary to the creation of a partnership, yet it is advisable that a proper deed defining the rights, shares, etc., of the partners and the limits and objects of the partnership should be drawn up; otherwise, if a dispute should occur, the parties will generally be under the necessity of resorting to the expense of a suit in equity.

The representatives of a deceased partner are entitled to an account, but have no lien on the partnership property; they are also liable to be barred under the Statutes of Limitation, and therefore should assert their rights without delay.

It should be remembered also that, although persons carrying on business may not be partners as between themselves, yet they may by their conduct have held themselves out as partners in the view of the public; if this is so, then such persons become liable in all respects as partners.

Patents.

DEFINITION, TERM, ETC.

A patent is a grant from the Crown to the original inventor of the exclusive right of making, using, exercising, and selling some new invention or contrivance.

The invention must be new, that is, it must not have been used before, either by the inventor or others; and the manufacture must be saleable and of practical use.

The term for which a patent is granted is one not less than seven nor more than fourteen years. As no interstate patent Act at present exists, the inventor must take out a patent separately in each of the different States in accordance with