LAND CONVEYANCING.

Motueka Star, Volume II, Issue 55, 21 February 1902, Page 5

LAND CONVEYANCING.

LIABILITY OF AGENTS. NAPIER, February 17. A case of considerable interest' to land agents was heard by the Stipendiary Magistrate on Friday last, Arthur Clatworthy being charged with having acted as a conveyancer, he not being a barrister or solicitor-, by preparing a lease or agreement to lease. The pro r secution was undertaken by the Hawke’s Bay Lax.- Society, and was the first case of the kind brought before the Court-. The object of the prosecution was to point out to land and commission agents,- who, the society had reason to believe, were in the habit of performing this kind of legal wo-k, that by doing it they were breaking the law Defendant said the society deceived by the manner in which he had stated his account. The agreement had been prepared by him, but h’s charge of D 1 Is had been forleasing the place at the rate of 5 per cent, upon the rent for six months, as allowed by the Chamber of Commerce. There had been no intention on his pa it to charge for preparing the agree-* ment. His Worship said .Mr Clatworthy's offence was not that he had made a charge, but that he had acted as a conveyancer. Even if he had charged nothing at all he was still liable for having prepared the agreement. Defendant said if that were so he had nothing further to say, except that he d d not know he was breaking the law. Hundreds of other land agents did the same thing. The Stipendiary Magistrate pointed out that defendant was iiible to a fine of <£so, but a heavy penalty was not pressed for. He would be fined £\, with costs £2 10s.—N. Z. Times.