LAW QUERIES.

Otago Witness, Issue 2719, 25 April 1906, Page 51

LAW QUERIES.

(Answered by a Solicitor of the Supreme Court of New Zealand. Letters and telegrams must be addressed to " Lex," Otago Witness, Dunedin.) Puzzled. — Yes, all personal effects. Subscriber, Martinborough. — The Government Printer, Wellington. Bluff. — (1) If a man dies intestate, leaving a wife and children surviving him, onethird of his property goes to the widow, and the remaining two-thirds to the children. (!}) Yes. A. P. — If B is the occupier of a public reserve he has the option of contributing cither half the cost of the erection of a new fence, or interest on half the cost at the rate of 10 per cent, per annum. Troubled. — (1) Ye 9, if they are in a position so to do. (2) A minimum sum is not fixed by law In the absence of agreement between the parties affected, the amount is determined by a stipendiary magistrate, who may order a near relative to contribute any sum up to 20s per week. Of course, complaint must first be lodged in proper form. (3) Yes. (4) The unsuccessful ijarty is usually mulcted in costs. (5) Stiongly advise you to have the matter quietly settled through the intervention of a solicitor. R. M. — The County Council must first petition his Excellency the Governor to -place the road under its control. Constant Header.— (l) You are entitled to compensation un'ess the land through which the railway is being taken was reserved to the Crown. (2) The amount of compensation is a matter of agreement between yourself and the Minister for Public Works, or failing such agreement, the sum payable will be determined by the Compensation Court. You must lodge a claim in the manner prescribed by " The Public Works Act, J905." J P. — If the terms of the contract are such a 9 to make the remuneration contingent upon the completion of the services, a partial performance will not alone give any claim against the employer. Hiker. — (1) Strictly speaking, school authorities cannot compel children to do lessons at home. (2) Quarter-caste Maoris are uot entitled to gifts of land from the Government without valid reason. A. M. — (1) The roed board fund is applied m doing and performing all such acts and things as the board is empowered or required by law to do or perform, that is to cay ; in ioißuns* constructing, imj?rov-

ing, repairing, and maintaining roads, j bridges, and ferries, etc. (2) There is no j fixed period of time. (3) He may effect his object by applying to the Supreme Court for a writ of mandamus. (4) Yes. (5)

General rates may be expended anywhere in the road district. (6) You had better lay your grievances before the parliamentary representative for the district Inquirer. — (1) Yes. (2) Yes. It is open to

your husband to put in a counter-claim iot the £2 due for wages, but he .will not succeed on the counter-claim unless he conclusively proves that he had Yefy good ' grounds for leaving tbe service. Subscriber. — The Borough Council is liabl« for half the cost. Anxious. — (1) Yes. (2) 20 per cent, ad valorem. £2 3s. FLixviiL O-wkeb. — Yes, provided you do nof sei.^ i- < cinrinish, the volume of the strean£ and ;.:. ..ded a-lso you return the water to the creek free from contamination "and* itt i* s natural condition. Mince — (1) If it ia~ proposed to form a private company then the syndicate subscribe their names to a memorandum of association, which must state: (a) The name of< the proposed company, with the addition! of the word "limited ' as the last word of such name, (b) That the. company is a private company. (c) The objects .for which the company is proposed to be established, (d) That the liability of the members is limited; and (c) The amount of share capital with which the company proposes to bs registered. (2) The' memorandum of association, together with a statutory declaration by the solicitor (if any) in the formation of 'the company, or the directors (if any), or the subscribers 6i the memorandum of association, stating that all the "requirements of " The- Companies X Act, 1903," in respect of registration and of matters precedent or incidental' thereto 'have been complied with, must .bs livered to the Asaistant-Refr'strar ok. Com-^ panics at Duneditf. Upon j>ayment of th«prescribed fees the Assistant-Registrar will issue a certificate of incorporation. v (3) The registration fee is £5. " 'i

(NOTE.— One or two letters have been inadvertently pigeon-holed by the advertise-/ merit clerk under the erroneous impression, that the correspondence was- in answer to an advertisement. - Replies , have . consequently been delayed, but, needless ta.say, tho mistake will not occur again. — LEX.)