LAW QUERIES.

Otago Witness, Issue 2894, 25 August 1909, Page 51

LAW QUERIES.

[-Answered by a Solicitor of the Supreme Comrt of Xew Zealand. letters and Telegrams must b« mddraised to " LEX," c/o Editor, Otago Witness, Danadki.] Doubtful.— (l) Yes. (2) No. Constant Reader. — (1) No; A is only entitled to a week's notice. (2) £4. a week. J. P. — No. Where there is an irreconcilable repugnance between two parts of a statute the latter part prevails. Ino.uibxßt. — Yes the council has control of the roads and streets, and can compel the removal- of obstructive - fernces. • Moa. — Yes. B may claim damages aawl an injunction for the improper diversion of the stream from, its natural .course. "W. X. — Kb. Serving a sentence of imprisonment unde, an order of committal - made on «. judgment &ummon& does- not extinguish the debt. A. B. C. — If the defect proves conclusively that the animal was unsound at the time of the sale, you may claim damages for breach of warranty. Debtor. — The landlord or bailiff may not break open outer doors to effect the distress, and a distress cannot be made in the night — that is, after sunset and before sunrise. Constant Reader.— As. according to your statement. C has no interest whatever in D block, lie cannot be regarded as the occupier of it, and A cannot claim from him half cost of repairing the fence. R. S. — The creditors may by resolution give' back to bankrupt any portion of his estate, but not any portion exceeding, in the opinion of the official assign-ee. £50 in value, except by a special resolution. Constant Subschiber. — Brothers and sisters of the deceased take equally, and children of deceas-ed brothers and sisters are eatitied to ihe share th-eii parent wou'd have taken had he (or she) survived the intestate. QUA.GMIRE.— His Excellency the Governor has authority under the Counties Act to order any county road to be made, maintained, or re-paired by the council, and you may effect your object by addressing a petition to him. Inquieeb.— (l) As the fence is not on the boundary line the trustees cannot be compelled to pay interest. (2^ The different kinds of sufficient non-rabbit-procf fences were described in ibis column on July 14 last You will find 1 also descriptions of the different ' kinds of sufficient rabbitproof fonceu in th« is&xie of August '4. Subscriber.— (l) The tru'.h of any defamatory words is, if pleaded, a complete defence to any aclion of libel or slander, although alone it is net a defence in » criminal trial. If the jury are satisfied that the words are true in substance and in fuel, they nu=t find {or the defendant, though they (eel fure that he spoke the words spitefully and maliciously. But the whole libel muft be proved true; it will be no defence to the action to prove tha,a, part merely is "true. (2) If the magistrate d : d not fix a turn to be paid, you ar° tntitlei under tV.e Fencing Act to m<erc*t cr. cuHav and reasonable remuneration for c,,..cnn^Kdence P-"' 1 labour (3) Your rei hteur was entiled to erect the ga'es, but if h? p anted ties* upon or alongside any boundary l.ne or fence without previous obiasmng your written consent he is liable to a maximum pena'.y of £20.