LAW QUERIES.

Otago Witness, Issue 2883, 23 June 1909, Page 59

LAW QUERIES.

[Answered by a Solicitor of the Supreme Court of Xew Zealand. Letters and telegrams must bo addressed to " LEX," c/o Editor, Otago Witoess, Dnnedin.] A B C. — If partner A acquiesced in the setoff cf C's debt as against B's, he cannot now recover the amount duo by C to the firm. Enquired ask= : " Can an hotelkeepeT refuse a person, either traveller or resident, a drink during licensed hours without a valid reason for doing so?" — Answer: Yes. Rosewill Settiek asJcs : (1) Are leaEe in perpetuity settlers exempt from land and income tax on their holdings? (2) If not, in what way do they come under it? — Answers : (1) They are liable to pay land tax, but not income tax on profits derived from tho direct use or cultivation of the land. (2) The land' tax is as=essed and Ifcvied on the total urimproved Value of the land, but the leaseholder may deduct any amount owing by him c ccured on a rc-gisterpd mortgage. Besides Ibis, an exemption of XSOO is allowed when the balance. ?ft»r making such deduction, does not exceed £1500 m value, so that some settlers have no land tnx to pay. Tho late of oitinjiy ]i>i,d tax for 19031910 is Id in the pound. Unclaimed — In order to constitute a title by adverse p^bsession. the possession relied on mu=t be for the full period of 20 jears. actual, open and manifest, exclu-fax'-e. and continuous. It must be sufficien !v opeca and manifest to enable an owner reasonably careful of his cwn interests, if living in the locality, to discover that some ona has taken possession of his land. It must fye sufficiently exclusive to en+itle the person claiming lo be in possession to maintain an acti-on of trespass against a stranger to the title entering upon the land or allowing his cattls to &tray upon it. And although there need not be actual physical possession for every hour or day of the statu-t-;ry pericd, the posße«- < -ion must have reasonable continui'V- (M'Donell v. Gibiin. 23 X.Z.LI?. 660). The foregoing is a recent decision, and from it you will be Able to determine for yourself as to wh&ther you may fairly claim 1 the land. With the meagre details in your letter, it is impossible to answer your question definitely^ Justice.— (l) aud (2). It is lawful for a bona fide farmer -whese ordinary farming operations include tlie raising and fattening of stock to slaughter stock on his term for barter nr * a -< » f*'Ji£S££^mmSh

vided the stock slaughtered does not exceed in any week one head! of cattle and five head of other stock, oar such larger number as is especially authorised in writing by an inspector. Except in tLe case of swine, the foregoing rights are not exercisable (a) if tho farm is situate inside- a borough or town district, ox within three miles of the nearest boundary thereof, computed by the nearest accessible road; or (b) if Ihe meat of any of the stock slaughtered is bartered or sold anywhere t° a butcher ur anywhere inside p, borough or town district, or within three milss of the nearest boundary thereof, computed as aforesaid, to any peTson; or (c) if the farmer fails or neglects to keep a faithful record of all stock so slaughtered, and of the persons to whom they ?re bartered or sold, and to ot aJ times have such record open to inspecticu by an inspector. (3) The inspector under the Slaughtering and Inspection Act.