LAW QUERIES.

Otago Witness, Volume 06, Issue 2899, 6 October 1909, Page 51

LAW QUERIES.

[Anewereli by a Solicitor of the Supreme Court ot Kevr Zealand. Letters and Telegrams muet b* •ddr«ssed to " LEX," c/o Editor, Otago WitneM, Duuedm.J Patiekt. — Yes. Workman. — The order is legally valid and the person on whom it is drawn is bound to pay it if he has funds to meet it. New Chum. — The solicitors could not make the deduction without the authority of an order of the court first had and obtained. Waggoner — If you were innocent of any complicity in thf theft, you may claim damages for libel from the council and the newspaper. G. W — In the absence of any evidence that D brought about the relation cf buyer and seller, he is not entitled to commission. Exemy. — (1) and (2) B was within his rights in givinfr A a week's notice to quit. (3) and (4) Yes. (3) B may bring an action for recovery of possession if he cannot obtain it otherwise. Teeth. — After the dissolution ot a partnership the right« and obligations of the partners aontmue (notwithstanding the dissolu- j tion) so far as may be necessary to wind j up the affairs of the partnership and to complete transactions begun but unfinished at the time of the dissolution. Mose Light asks- — "Does the Shipping Act in connection with grain merchants who forward graiii by rail to ship's side j leave them exempt from the observance of a half-holiday every week?" Answer: No. Axf.MAK ask*:— "lf a settler in a busl' district fires his fallen bush after giving, say, fix hours' notice of his intentions to his neighbour*, is he responsible for the spread of fire or to his neighbours' property?"— Anwer. Ye 3. Constant Subscriber. — Every perron is liable to a maximum fine of £1(, (a) who u<--e or has in his posseation any weight, mciaiire. or weighing machine that is false, unjust, or imperfect ; or (b) who wilfully commits or ia party to any fraud in the ute of any weight, measure, or weighing machine. Uncertain. — (1) As the fence is not on the boundary line, you oanpot compel your neighbour to. pay half cost of repairs. (2) ,

The posts of the fence should be on the boundary line. (3) No. A surveyor should be employed. (4) A copy of the Fencing Act may be obtained from the Government Printer, Wellington, on payment of the price therefor. Inquirer. — (1) and (2) You must first serve a notice on your neighbour ir the prescribed form requiring him to assist in repairing the fence, and if he refuses or neglects so to do for the space of seven day after service of the notice, you iray yourself repair the fence end recover half the cost thereof from him. (3) You may in the meantime impound sheep trespassing on your land. Bodach asks : — " Can a baker legally refuse to supply a person with a loaf of bread if he tenders the money to pay for it, supposing the baker has some spite against tk3 person who asks for the' leaf?" Answer Yes. Detonator 2sks : — " (1) If a man separates from his wife and takes up with another woman and both women have children tc him, can he will all to his legal wife and family and leave the others unprovided for? (2) What is the difference between *. child born of a widowed woman some years after her husband's death :-nd one born of a single woman — are both illegitimate" and are both ba-stards?" Answer: (1) and (2) Yes. K ubs'erysian. — The council may. by order in writing, under the hand of the mayor or the clerk, require you to remove, lower, or ■ferim to the satisfaction of the council any tree or hedge overhanging or overshadowing the street in cases where, in the opinior of the council, such removal, lowering, or trimn>ing is necessary in ordei to prevent injury to «he street or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto. Within 10 days after the service of the order you may. by complaint under " The Justices of the Peace Act, 1908." require the local authority to appeal be-fore a magistrate to show cause why the order should not be set aside. On the hearing of the complaint, the magistrate, -whose decision is final, determines whether the order should or should not be set aside