LAW QUERIES.

Otago Witness, Issue 2895, 8 September 1909, Page 49

LAW QUERIES.

[Answered by • Solicitor of the Supreme Court •t Xevr Zealand. Letters and Telegrams must b« sddraaied to " LEX." c/o Editor, Otago Wltneie, UaMdia.] j Belasco. — You cannot skccesefully oppose, the taking of the land for a road, but you are entitled to compensation for the area taken. ; Contumacious. — Yes, the local body can take the land compulsorily under the Public Works Act for a road, but will have to pay compensation to the owner. ' j G. R. D. — (1) You are entitled to reasonable remuneration for the work done, but, on the "other hand, your father has a counterclaim against you for board and lodging. (2) Yes. 1 Settler. — (1) As the period of limitation within which a summons could' be issued (six months) has long ago elapsed, the clainr of the adjoining owner is itatutebarred. (2) No. Twenty-one Years' Subscriber. — If the deed of apprenticeship contains _a covenant thai the master and his successor will teach th« youth the tiade, you will' not be able to' maintain an action for breach of contract. I A Constant Reader writes: — "A stud groom calls at a farmer's place -with a stud hoiae, which serves mates over which there exists a lien, the grcoir not knowing that to be the case. The mares are sold by the mortgagee a few months afterwards in foal. Who pays for foals — the mortgagor or the mortgagee?" Answer. The perfon who engaged the services of the stallion, presumably the mortgagor. i Jilted. — (1) Yes. But the plaintiff in an action for breach of promise of marria-ge cannot recover a verdict unless his (or her) testimony is corroborated by some other Tiiatsrial evidence in support of the promise. (2) The plaintiff should be guided by his solicitor's advice ar to the amount of damage* to claim. i J M. a-«ks '• Can the County Council directly sue leaee-iu-perpetuity settlers for arrears of rates, or must the council refer these tettlers to the Land Boarc" to deal , with?" Answer. The County Council may adopt either course. The position i» that the land cannot be sold for non-pay-ment of rates. The leases, however, are liable to forfeitur; by the Land Boaid for non-payment of rates, and the latter body may pay the loral authority up to two years' arrears out of moneys payable for improvements by incoming lessees. j Fencer writes : — " A and B are neighbours, but there is a roadline between their sectjo.is. A has fenced his side of the roadline and B makes use of A'» fence. B says it is not a standard fence, and that the fence was put up without consulting him. ' (1) Does that bar A from claiming compensation by law? (2) How much is the claim allowed' B has not got a stick of fencing ] on his side. The roadline is fenced at both ends, and is not being used for any traffic." Answers- \1) Ve c . The fence muet be a sufficient fenos withm the meaning of the Fencing Act before A can sustain his claim (2) If it were a sufficient fence, A could claim interest on half the value at - the rate of £10 per centum per aunuia, and B would also hay" to bear half the ccst of repairs. | Debtor wnte= : — "I am a working man living as tenant in a house. I am threatened that unless in a certain time I pay a small balance of an account (for which account my creditor obtained judgment against me) a distress warrant will be applied for. What will be the effect of chio warrant, and would it have- effect where there would be no chance of getting an order on a judgment summons" Answer: A warrant of distress authorises the bailiff to seize all the goods, including money, cheques, bills of exchange, promissory note 3, boeds, or other securities for money, of the person against whom it is issued, except personal *nd

family clothing, bedclothes, bedding, and tools or implements- of trade, not exceeding in all f25 in value. The warrant has effect, notwithstanding that an order cannot be obtained on a judgment summons. Subscriber asks . " (1) Has the Land Board power to let a tenant transfer his section after twelve months' residence? (2) Can a man hold a piece of land under renewable lease that doesn't adjoin the land he is living on?" Answers: (1) If the lease is held under the Land Act a transfer will only be granted before the expiry of the second year of residence, where, by reason of special and unforeseen circum stances, such disposition becomes, in the opinion of the Land Board and Minister of Lands, desirable. On the other hand, if the leasa is held under the Land for Settlements Act it is only on the happening of - an' extraordinary event which, in the opinion of the Land Board, renders a transfer neces&ary or expedient that the lessee may, with the sanction of the Land Board and of the Minister of Lands, make such disposition within five years from the dsrte of his lease. (2) Yes, but only by sanction of the Land Board. Southxaxdkr. — (1) and (2). A miner's right authorises the holder thereof, while it continues in force, to prospect for any metal or mineral on Crown lands open to prospecting; to take up and hold, without application to or license from the -warden, an ordinary alluvial claim ; to cut and use for his own domestic purposes, or for the purpose of erecting a building or fenco on any mining privilege held by him (but for no other purpo&3>, timber growing or standing on available unalienated ' Crown land open for mining. The right of cutting timber, however, is not exercisable in respect of (a) land comprised in a mining privilege held by any other person; nor in. respect of (b) kauri trees, or trees reserved by the warden. The holder of a miner's -ight is also entitled, without application to the warden, to personally occupy, as tent or hut ground for his residence, an area not exceeding 24ft frontage by 48ft depth on any unoccupied Crcwn land open for mining, not being land eet apart for business or residence sites or land required for such site 3or for mining purposes (3) A fee of 5s is payable foi a miner's right where it does not relate to Native ceded lands.