LAW QUERIES.

Otago Witness, Issue 2896, 15 September 1909, Page 51

LAW QUERIES.

[AntwcreU by • Solicitor of the Supreme Cou»» of Hew Zealand. Letters and Telegrams must b« addranad to " LEX," c/o Editor, Otago Witneta, Uonedlo.] Bunvip. — Auctioneers, bailiffs, and constables are disqualified! from holding a publican's licence. j" P. asks : "Is a man working twelve months on weekly wages entitl-ed to a fortnight's hol.day on full pay. Answer: No. Farmer. — There is no doubt a- covenant in the mortgage to insure tire mortgagee against any worker's charge on the land obtaining priority over the mortgage undei the Wcikers' Compensation Act. That being so, the insurance must Le effected. Householder writes: — "I have been married twice, and t!a furnituie of my first home is at present in u=e in my second husband's houre. (1) In the event of his death, can the members of his family lay claim to my furniture? (2) Can my husband ssl! it without my consent?" Answer. (1) and (2) No Administrator — A trustes may take advantage cif tho Statute of Limitations except wheie the claim agair-st him is founded upon any fraud oi .fraudulent breach of truet lo which he was party or privy, or is to rr t c^ver trust property, or the proceed: thereof "till retained by the trustee, or piev-iou3ly received b> the trustee and conveited to his use. Husband.— lf the husband ha=, without just cause, wilfully de c «rted the wife, and vfithout any such cause left her continuously so deserte-d during five yeare or upwards, sbe may petition the Supreme Covrt for a divorce. Bu ( the petition may ba dismissed if, in the opinion o the court, the wife's own ha.bits or canduct induced or contribute:? to the wrong complained of. Inquirer asks : " (1) Can one, by laying information, proceed agairSv a person who has lUted a padlocked. ga',« cS its hinge* and put stock on the paddock? (2) Can stock b3 impounded! in the pad!ock in which they are found?" Answers- (1) Yes; the culprit is liable .to a fine of £10 (-2) Yes. if the stock is trespassing on lan;i enclosed with a sufficient fence. Subscriber asks . " (1) Can a ranger make a £elt!er pay the full mileage fee? Say the di6tar.ee was 20 miles, and I met him bafore he had proceeded one mile, can ha make me pay foi 20 miles or just one mile? (2) How far can a ranger thrive a dairy cow in milk, and how far in one day? (8) • Ifu6t be drive bj the nearest possible

road?" Answers: (1) One mate. (2)There is no limit fixed' by law. (3) It is his duty to drive it to the nearest accessible pound. Inquirer writes : " I bought a section from a man who owns the next. (1) Do I get the fence without extra pay? (2) Can 1" bill him for half the cost of the lence that I shall hava to put up betweer his property and mine? Me had four sections ienced with one fen.c, and he a.-so had a fence erected partly on an unsold section which I have bjught iron? the Land Beard. (3) Can he lake that fence away, or dices it boconia mine?" Answers: (1) Yes, if the fenc« is en the iand sold to you. (2) Ye 3, but yea must first seive him wiith notice to " fence in the preccrit'ed form. (3) It becomes your fence. Anxious writes •— " I have sold my farm. Whei I bought it I paid the former occupier for a lange that war in the house. (1) Can I take this range out now and sell it? The chimney that the range was in when 1 came I had taken down, and the range placed in again, and -the new chimney built around it. (2) Had the former occupier any right to charge me for the range? (3) Can I take down ths roller blinds which 1 put on? The house had no blinds when I bought it. ' Answers : (1) Yes, if the lanxoval can be effected with little or no damage to the building (2V and (3) Yes. Farmer writes:— "l engaged a threshing mill to thrash my crop. It broke down, thus necessitating considerable expense of the men's mea-ls. - I lent the- owner my hcrse and trap in order to take the damaged part to be repaired; and also tools, etc., in order to facilitate .operations. I gup- . plied the gang, with 'five extra meals, and lost a day and a-half — 3 topping my team — to attend to them. I offared to share the expense of the breakdavm with -the millowner, but he would make no allowance whatever. "Will you please give me the legal position of the case?" — Answer: The facts, as stated, disclose no liability on your part. J. M. writes : — " I am preparing to start business as a tailor. As there are so many Jawa governing business, I am in * fog as to what course to pursue to keep within the limits of the law. I am led to understand tha"c I will require to register my place of business. (1) Shall I require to register the business as a la>ctory or -otherwise ; and (2), shall I require -to keep books? I don't know anything about bookkeeping." — Answers: (1) If two or more persons are employed, it will be necessary to register the place as a factory. (2) Yes; the proper books to keep are a day-book, a cash-book, a ledger, and a bill-book. The day-book may be used as a journal to show sales, purchases, and reiurns. •Old Witness Eeader asks: — "(1) Can a jus lice of the peace hold a publichouse license and retain nis commission of the peace? (2) Can ■ J.P. summon and get a man fined for insult and abuse en a public road if there were no witnessee present? (3) Would the J.P.s oath be taken as being more likely to be truthful 4 than thio defendant's who might deny having used insulting ~n? abusive language?" — Answers: (1) Yes; unless he happens to be a justice oi the peace by virtue of being mayor of a borough. (2) Yes. (3) It might be. But the statement on oath of a juctice of the peace is not more worthy of credence than any other person's. New Chum writes : — " A contractor employs, a man per day. No regular pay day is recognised, but the man receives money at irregular times — sometimes £5, sometimes j£lo, never receiving aJI that is owing. When the maD leaves the contractor several weeks' wages are owing, and the latter gives a promissory note for the amount, falling due one month- after date. This should have been paid, last January. The contractor has been written to .twice, but the man has received neither money nor reply. • Can the money be obtained by putting the case into court?". — Answer: Yes. Bhiti if the note is m the body of it made payable at a particular place, it must be presented at tha 4 place to render the maker liable.