LAW QUERIES.

Otago Witness, Issue 2914, 19 January 1910, Page 55

LAW QUERIES.

[Answered by a Solicitor of the Supreme Court of New Zealand. letters and Telegrams must be addressed to “ LEX,” c/o Editor, Otago Witness, Dunedin.]

Civil Servant.—There is no power conferred upon magistrates, to issue attachment orders against the Crown. J. D. —It is no offence for an hotelkeeper to entertain at his own expense a bona fide private friend by giving him a drink within the prohibited hottrs. Anxious. —Where there is no proof of desertion by the father of an illegitimate child, his consent must he obtained to an order for the adoption of such child. Wager.—Money staked and paid over by the stakeholder after notice not to pay inlay he recovered notwithstanding that the contract under which the money was staked is void. Doubtful. —Where the sum payable on a cheque is expressed in words and also in figures, and there is a discrepancy between the two, the sum denoted by the words is ' 1 ' a***

Farmer. —If there was an agreement between you and your neighbour to erect and maintain the boundary fence, you are not entitled to recover for trespass due to neglect on your part to perform tbo agreement. Tourist. — A lodger has a- right to be supplied on licensed promises during closing hours with a. reasonable quantity of liquor for his own consumption, but a. licensee is not justified in selling liquor on a Sunday to a ledger for the purpose’ of being used by persons who are not inmates, servants, or lodgers on such licensed premises. G. T. A.- B. asks: “If a person is adjudged bankrupt, what time limit is there (if any) from date of filing in which 'he can be proceeded against for failing to keep proper books or for any other malpractice?’ Answer: Bankrupt may be prosecuted at any time. T. A. writes: “Being a freehold settler and ratepayer, I ask: Is it the county council’s business to furnish me with a, culvert to get access into my property off the main road, across a side ditch running along boundary fence on road line?” Answer: You cannot compel the county council by law to provide you with a culvert. Inquirer, asks; “If a private person was starting a business and was dealing in medical suprlies, could ha call his business ‘Tho Medical Supply Co,’ even though he did not form or register any company in connection with the business, but was himself the sole owner of it?” Answer; Yes. But if it is a retail business, it - must be in charge of a duly registered chemist. Lop.ne writes: —“ A ma.ll driving along the road in the country meets some friends and pulls up to talk to- them. He takes up a position on the right side of the road. A motor comes up behind him. What should the man do? Remain where ha is. or, shift to the ether side of the road?” Answer: The law merely requires that a reasonable portion of the read bo left for any vehicle passing. Bitch writes: —“A has a ditch nuining through his property (a read-line divides cur properties}. f?®.id ditch crose es road and then runs along my boundary, but cm my land for three or frur chains recrosses road on to A’s land again. Can he compel me to bear half cost of deenen- / ing ditch on mv boundary, to give him more fall. The ditch is for drainage.” Answer; No. Leasehold asks ; —“ Can a borough council charge rates to* a tenant in upstairs rooms who , occupies cnlv a, few of the total rooms? The ground is leasehold. the building is two-story (brick), and belongs to a private person, and there is a. lease existing where the tenant has agreed to- fiay all charges, keep property in order, etc. Answer: Rates may be charged if the tenant is actually in occupation of the property by virtue of a tenancy for not less than six months certain. Subscriber asks: —“ (1) Can a man recover money owing to him by another’s employee without an order duly signed by such employee? (2) Is there any legal way of stopping money other than by signed order? (3) Can a man working for a contractor have his wages secured, say, by the county clerk, without an' order from the contractor?” Answers: (1) Yes—by suing in the Magistral’s Court. (2) Yes—by attachment order after judo merit. (3) Yes —the worker may give the clerk an order on tho contractor for tho verges. Equity writes; —‘ ‘ A, having an hotel for sale, arks B to get him a. client. B writes to C all particulars, who interviews A through introduction of B, and alter negotiations agrees to buy. -C has not sufficint capital to buy out A end interviews D, a wine .and spirit merchant, to advance him balance of purchase money. D also has this hotel for gale. D advances balance of purchase money and the transaction is completed. Di, please understand, does not lend moneys only; in consideration. the house’ is bound to him for wines, spirits, etc.—that is their quid pro quo for advancing the money. B actually gets the buyer. Who is entitled to- commission?” Answer: B is entitled to commission if he effected a binding contract between A and C. Digger, —(l) Yes. It is enacted by the Mining Act that, a member of a mining partnership shall share in the profits and Ic.z'ges thereof in the proportion which his share or interest in the partnership mining privilege bears to the whole of the shares .or interests therein. It is assumed, of course, that the partnership is still existent. (2) You may take advantage of section 303 of the Mining Act, which runs thus; —“In any ease where any member of a mining partnership whose duty it is to occupy or represent his interest or share in any partnership mining privilege fails or neglects so to do for 30’ days at any one time, the other members may institute proceedings in the Warden’s Court to bs put in possession of such share or interest am though such member had never been a partner, and the court may decree accordingly, or make such other order us it deems equitable.” Subscriber writes: —“I occupy ?, leasehold section adjoining what is known as ' O.K. Quarry Block,’ owned by a. company. Said block has been let for .grazing. .1 have repeatedly patched dividing fence, to keep my own stock where they should be, and have done so so far. Sheep from quarry side have forced their way into a. paddock of wheat belonging to ina and have done considerable damage. (1) Am I compelled to fenco to keep sheep out? (2)* Who is responsible for stock in quarry-—owner or company? (3) Am I entitled to compensation for damage, sustained ? (4) Could a person reasonably expect damages in court, having told the owner sheep were breaking through?” Answers: (1) No. (2) The owner. (3) and (4) Not unless your land is enclosed with a sufficient .fence within the meaning of the Fencing Act. Interested asks: —“(1) Can any sheepowner kill and sell mutton at so much per pound to his neighbours .and others without a butcher’s license? (2) A has a crop on one side of the fence and B a crop on the other. A cuts his Californian, thistles out of his crop. Can A compel B to do likewise, if the inspectors are not taking any steps ?” Answers: (1) It is lawful for a bona fide farmer whose ordinary farming operations include the raising and! fattening of stock to slaughter stock on his farm for barter or sale without a license, provided the stock slaughtered does not exceed in any week one head of cattle and five bead of other stock, or such, larger number as is especially authorised in writing by an inspector. Except in the case of swine, the foregoing rights are not exercisable (a) if the farm, is situate inside a borough or town district, or within three miles of the nearest boundary thereof, computed by the nearest accessible road; or (b) if the meat of any of the stock slaughtered! is bartered or sold anywhere to a butcher or anywhere inside a borough or town district, cr within three miles of the nearest boundary thereof, computed as aforesaid, to any person; or (c) if the farmer fails or neglects to keep -a faithful record of all stock so slaughtered, and of the persons to wroia they are bartered or sold, and Ml. .thans have such record

open to inspection by an inspector, (2) No.