Legal Conundrums

NZ Truth, Issue 540, 23 October 1915, Page 6

Legal Conundrums

(By "AN HONEST LAWYER.")

All matter for treatment m this column to be addressed to the Legal Editor, "Truth" Office, Wellington. It must be understood that while every effort is made to secure accuracy, "Truth" can assume no responsibility. The querist' must send name and address, not necessarily for publication, but as a guarantee of goo/3 faith. ''Fibre" (Shannon) — (1) It depends entirely under what circumstances you agreed to do the work m the first instance. Of course, you would not m fairness expect free board and lodging; (2) The "Truck Act" forbids an employer deducting any sum from the employee's wages for stores. ; "Trustee" (Invercargill) — A trustee's powers are wide. Where a trust for sale or power of sale of property Is vested m a trustee, he may sell or concur with any other person m selling all or any part of the property, either subject to prior charges or not, and either together or m lots, by public or by private contract, subject to any such conditions respecting title or evidence of title or other matter as the trustee thinks fit. with power to vary any contract for sale and to buy m at any auction, or to rescind any contract for sale, and to resell without being answerable for any loss. "Disappointed" (Hamilton) — The codicil may expressly revoke the ■will or any part of it. It is an instrument executed m the same manner as a will, and is an addition or a supplement to a will, usually employed to revoke, confirm, explain or alter, either wholly or partially the dispositions of the principal instrument. "Camera" (Nelson) — Any person reproducing or publishing the portrait of an individual or a photograph for the taking of which valuable consideration has been given, without the written authority of the individual whose portrait has been taken, shall be liable to a penalty of £5. "Carpenter" (Christchurch)— -Serve notice of claim m writing on the owner or contractor before the work is completed or within thirty days after and requesting the owner to see him paid. If no notice is given or notice is not m time there is no lien. Notice must also be served on the person who, but for the claim, would receive the money. "Borrower" (Greymouth) — (1) Where default is made on the due date, and the mortgagee accepts interest for any period not less than three months he cannot call up the principal without giving the mortgagee three months' notice m writing; (2) The Moritorium Act will apply m your case. "Fence-wire" (Upper Hutt)— (l) The Fencing Act of 1908 makes provision •- as to the erection of, fences between adjoining occupiers, and as to contribution to the cost, also as to the procedure to be adopted by one orother of the occupiers if he desires to erect or repair a fence between then- lands; (2) The occupiers of adjoining lands not divided by a sufficient.fence are liable to contribute m equal proportions to the erection of a fence between such lands, notwithstanding that such fence may not extend along the whole boundary line. "Grocer" (Dunedin) — (1.) The master is liable; (2) The Workers' Compensation Act, 190S; (3) It must be m the course of your employment; (4) Twelve or more feet. "Sunlight" (Invercargill) — The amount of light to which a building is entitled is the amount reasonably required for ordinary purposes to which the building m its present structural form may reasonably be put. Ordinary purposes are those which do not require any exceptional or extraordinary quantity of light. "Weir (Auckland)— -The right to abstract or intercept underground water Is absolute and unconditional. "AJET.H." (Patea) — (1) The landlord seems to want his pound of flesh, but he is within his legal rights. Morally he Is not entitled. Keep him waiting for bis rent, and serve him right If he doesn't get paid at all. (2) The Moritorium Act has nothing: to do -with the cose. ,