LAW QUERIES.
[Answered by «. Solicitor of tha Supreme Court el New Zealand. Letters and Telegrams must be »ddr««»«d to " LEX," c/o Editor, Otajfo WitneM, Dußkdia.J
Subscriber. — No; but you may nave the land surveyed at your own expense. A. M. — As the creek is a sludge channel into which silt may lawfully be discharged, you have no redress. Rbsbrvb.— (l) If A bought the fence with .the farm, he may- remove it. (2) A' may also .claim, half- the value of the fence from the lessee of the reserve if the fence is As. X. Y. Z.— (l) Yes, the Land Board may .forfeit . your lease- for non-payment of the rent. (2) No. (3) No. Your landlords are
in - no waj responsible ' for' the washing away of the land by the river. Farmer asks : — (1) Can a hor«-;man claim a half holiday. (2) What day? (3) Must he make un time? — Answer: (1) Nc. Clades. — If & return of nulla bona is made to the distress warrant, you maj apply for the issue of a j"u3gment summons. The cost of -the judgment summons will be ss. Koolcvrdie asks: — (1) Can a son claim a share of his father's estate if his father is living? . (2) Can a son prevent his father from selling the estate?— Answers: (1) and (2) No. Licit asks:— (1) Has the licensee of an hotel the riijht ta a man a drink at any hour even although the man may bequite sober? Or. (2) is he under obligation to give him one drink if it is asked for
within licensed hours?— Answers : (1) Yes.' (2) No. | Justice. — (1) Damages may be claimed if •there is «,n alteration in the natural < quality of the water whereby it is ren- [ dered less fit for any purpose for which { in its natural state it is capable of being ' used. (2) You cannot, under the circum- | stances narrated, prevent your neighbour . from using the water t« drive his Peltoh wheel. Library Subscriber. — If a workman, or his representative, obtained ap award of the r Arbitration Court as the result of pro- j ceedings under the Workers' Compensa- J iion Act, then the employer's 'interest in j the property might be charged. But it I is not a matter in which the trustees ire | concerned. The judgment creditor would -■ir/"">!y ♦••ke th» olace of the ojort»a"ee. ' W. H. — Where there is a general hiring f at 3 yearly salary, and the service continu?s after -(.he first year, the hiring becomes one *Vot> var tc vei. and cHes n^t («s m | the first year) »xpire at *he end of the , current year without notice but it< dctf-r-minable only by a reasonable notice, ex- ' j-'irinp- at the end of the current ye2~t ' (Wood v. the Wellington Woollen Co.. ' 14 L.R.. 296). I
Sockburn.— (l) The magistrate could give , judgment against such one or more of tl'e r>'.f<. n /-'!int« ••? b«. fou"-! hub'e. '2) Yes. ' The plaintiff 'could lawfully lev execution on A's estate. (3) The tenant can claim ('•■ ma"'. <i) T^« f->li''ior »-b? under no
obligation to give notice of action
If there wa.« not a complete assignment it the whole lease, the first lessee is liable
for the .-ent. Mokotua. writes :— " A owns farm which . he has leased to B. B make* .«» verbal agreement with C (who owns the adjoining ! farm) to this effect : C to keep one half ' oi the boundary fence in repair, B the j othar h»Jf. P gave up the farm. Can C ' compel A to stick to B's agreement? C Vintf b<= half "newod la"t v^ar. while B's is in bad repair." — Answer- Yes. The agree ment runs with the land by virtue of the Fencing Act. (
R. F. — A trustee must at all reasonable times, a/ the request of a beneficiary, give
him full and iccurate information as to ,
the amount and state of the trust properly, • md permit biro or his solicitor tc inspect the accounts, vouchers, and othei documents retfttir^ to ihe trust. A trustee is. nevertheless, not bound to supply copies" of accounts or trust locumenta, or -to j supply information which necessitates ex- 1 nepditure except at the cost oi the bene-J ficiary requiring the mom. I
Nemo asks: — " (1) Is there ny law to prevent the holder of a traction engine certificate, who has lost an arm oi a leg, still con- ■ tmumtf to work an engine and chaffcutter or mill? (2) If an accident was to occur when he is sc working on farm, how would the farmer stand with the accident insurance company?" — Answers: (1) No. (2-) ihe '-onmany would have to pay up if the relationship of mi6ter and servant existed between farmer and worket. and the farmer had insured against ny possible claim.
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Bibliographic details
Otago Witness, Issue 2905, 17 November 1909, Page 49
Word Count
795LAW QUERIES. Otago Witness, Issue 2905, 17 November 1909, Page 49
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