LAW QUERIES.

Otago Witness, Issue 4028, 26 May 1931, Page 46

LAW QUERIES.

[Answered by a solicitor ot the Supreme Court ot New Zealand. Letters and Telegrams must be addressed to “ LEX,” c/o Editor, Otago Witness, Dunedin.] “Anxious” asks: “If a man takes out a miner’s right, and gets a residence area, is he compelled to mine the area? ” No. “Legal.”-; By retaining the book and promising to pay something on it, the purchaser has made herself liable for payment. If you had returned the book in the first instance it would have strengthened your case materially. “Farmer” 1 asks: “I have a farm on which I pay a land tax on the unimproved value. The unimproved value is £3500. Am I liable to pay income tax on the income derived from farming operations on this farm in addition to the land tax? ” Yes. “Inquirer” asks: (1) In leasing properties, would it be legal for any’one to draw up a lease? (2) If so, what amount of stamp duty would be required? (1) provided no charge is made for drawing up the lease. (2) 3s 6d for every £5O or part of £5O of the annual rental. “Anxious” asks: “I am a single person and have made a will leaving money (at my death) to my married sisters and brothers. One brother and his wife have died since. Does the deceased brother’s family receive the amount left to their father, or do the remaining sisters and brother receive it? ” The deceased brother’s family would not receive the amount left to their father unless provision was made to that effect in the will. “Musician” asks: “I agreed to take out a life insurance. The agents accepted, but as I am liable to asthma the head office would not accept without a medical certificate. As I was told there would not be a doctor’s examination on joining, can I demand my money back? (2) Can I claim damages, owing to my not being covered bv the insurance in the case of death? (3) Can I claim for false representation? ” (1) Yes. (2) No. (3) No. “Unfortunate” asks: “(1) A gave a horse to B. B sold the horse to C. D shoots the horse. Who is the loser? (2) A gave a horse to B, who sells the horse to C. The horse wanders back on the road at A’s property. A lets it into his paddock and refuses to allow either B or C to get the horse. Can A be made to give up the horse? ” (1) C. (2) Yes, if there has been an absolute gift of the horse to B in the first, instance. “Hard Up” asks: “Some 30 years ago I left 5s in the Post Office Savings Bank. (1) What cumulative value will it have now. (2) Can I claim it, having lost my bank book? (3) What steps would I take to make a claim? ” (1) Interest is allowed only on every complete pound deposited at the rate determined from time to time by the Minister of Finance. (2) and (3) In order to claim the 5s you would require to give proof of loss, and the expense involved would not make it profitable to proceed with your claim. “Steady Boy” asks: “I noticed in the daily papers an advertisement— ‘ Money to lend on furniture, motor cars, etc., Absolute privacy.’ Qn the strength of the last two words I got a loan on a motor delivery van, and immediately afterwards it appeared in the daily paper. As a result much harm has been done to my business. Can I claim for damages through the words ‘ absolute privacy ’ in the advertisement? ” No. In taking out your loan you should have stipulated that the transaction be unregistered. A. T. P. asks: “Two old men— A, aged 70, and B, aged 68, had an argument and made a bet. A; paying the unemployment ■ levy of. 30s to Government, is a man compelled to pay same, but he bets B that if he applies through the Post Office, stating that he cannot afford to pay the levy, he will be exempt. B states that even if a man was 90. he would still have to pay the levy. Who wins the bet? ” —■ —Neither party. A will not be exempt by merely applying to the Post Office, unless he is specially exempted by statute or regulation. E. H. asks: “I am a farm labourer and have been working for 15s per week. I am now out of work and intend registering as unemployed. 1 have received a lawyer’s letter stating that my mother and her husband (who is my step-father)' had been to the court with the view of taking action against myself and brothers for maintenance. (1) Can they claim maintenance under my circumstances? (2) Could my mother claim maintenance when her husband is living and able to work? (3) If I was getting a good wage and in steady employment would they have any claim against me for maintenance? ” (1) No. (2) No, not under the circumstances. (3) They could institute proceedings against you. “Interested” asks: “A general meeting is called for the election of officers for the . Public Hall Committee—the erection of the hall was subscribed by the local residents of the township. The chairman of this meeting stated that only householders were eligible to

be nominated for the committee; that female householders were not eligible; that females over the age of 21 could not vote at the meeting. (1) Who is eligible? (2) Who is entitled to vote? (3) If the chairman’s statements are incorrect, can the general public demand the calling of another general meeting? (4) A cordial stall has been erected in the hall, the lessee of which pays the committee ‘ pepper money ’ for the hire. Can anyone hiring the hall for a dance refuse to permit the usage of this stall?” (1) and (2) The subscribers to the public hall should draw up regulations governing the matter. The general meeting ot the subscribers should decide who are eligible for the committee. (3) Yes. (4) No.

A. A. M. asks: (1) A moves a motion, B moves an amendment which is lost. Can C move a further amendment, the motion still being not disposed of. (2) At an annual meeting of a local authority, where a chairman has to be elected and the minutes of annual meeting confirmed, what is the correct procedure? (3) Is it necessary to appoint a temporary chairman, or should the clerk take the chair and call for nominations? (4) When these are disposed of, should the new chairman have the minutes • confirmed and then deal with other business in connection with the annual meeting? (5) Where there are two nominations for chairman, how is the decision arrived at—open voting or ballot?” (1) No. (2) The statutory provisions of the Acts with respect to the particular local authority govern the matter. The members elect tne chairman and the chairman confirms the minutes. (3) In the ease of counties the clerk presides at the meeting for the election of a chairman. (4) Yes. (5) Open voting or ballot, as decided by the meeting, unless the statutory provisions governing the particular local authority provide otherwise. J