LAW QUERIES.

Otago Witness, Issue 2921, 9 March 1910, Page 51

LAW QUERIES.

j [Answered by a Solicitor of the Supreme Court I of New Zealand. Letter* and Telegrams must be 1 addressed to " LE£," c/'o Editor, Otago Witnese, . Dunedin.] Minstrel.—Next week. Subscriber-.—ln the absence of any'proof of I negligence on B's part, he is not liable for the damage done. Justice.—lf you ordered a better quality of paper than was set forth in the specifications, you must pay for it. W. A. writes:— "L farm is at the head of I . a creek which runs through B, C, and D's farms. Can A compel the others to clean out the creek and keep it clean to let his water away?"—Answer": No. Constant Subscriber. —" Can any person rabbit on a mining ros-Mve which is only i\ yearly rented?"—Answer: Not without the consent of the occupier. G. D. G. asks: —"If a man gives a debt to a lawyer to collect for him, who pays the lawyer? Is it the one who engages him?" ' —Answer : Yes. Subscriber asks: —"Would an agreement drawn up by statior.-owner or proprietor of land, or by a solicitor for owner, signed by a rabbiter, re purchasing of skins : (rahfciis) hold good in a court of law in ' the event of rahbiter not keeping to his i agreement?"—Answer: Yes, if the agreement was properly drawn, up and stamped. Scruple asks: —"Is it legal for. n. chemist

to extract teeth, to inject drugs into the gums and extract teeth, where there is a practising dentist in the town?"—Answer: Yes, if lie practises as an extractor of teeth only, and does not perform dental operations.

Constant Reader',—m The old man may bequeath his property by will. . (2) There may be estate duty and also succession duty payable to the Government. (3) Moneys due under life insurance policies to the extent of £3OOO, together with accrued or allotted profits, are protected by law from creditors. (4) .Che children get twothirds, and the widow one-third. Old Reader writes—'" A man owes a grocer an account. It has stood owing some time. • He receives a lawyer's letter about th. account, and. pays it. (1) Can that grocer claim interest? (2) Also, can the lawyer claim 5s 6d for his letter?"— Answers: (1) As to interest, see . reply to " Thirty-five Years' Reader." in last week's issue. (2) No. J. D., Akarito,. writes:—"We. (the inhabitants of this town) hold a horse-race meeting on Boxing Day each year. The meeting is unregistered. Does the new act stop us in the future, or can we hold our meeting as. usual, or can we get perrnis-

sion to have the race meeting?"—Answer: You must obtain a licence from the Minister of Internal Affairs.

Coach. —A man's reputation is the estimate in which others hold him, not the good opinion he has of himself. There is no publication if the words quoted were communicated only to yourself. Your reputation doe 3 not suffer through such corntmunication. T ; o succeed in an action for defamation it is nece3ary to prove a publication to a third person. Sending a letter through the post properly addressed and fastened in the usual way is no publication, and the sender is not answerable for anything the recipient may choose to d< with the letter after it has

OK.ce safely reached the latter's hands. You cannot succeed in an action. Sheep-driver writes:—"A is driving sheep along f public main road. B owns a, small grazing run with this same main road running through it. Is A compelled by law to give B sheep notice, B's grazing run being still unfenced?"—Answer: If A is desirous of crossing B's land he must give notice-to B. as the occupier. On the other hand, if A confines the sheep to the road, it is not necessary for him to give B notice, as B is not the occupier of the

road. Water Rat-writes:—"Under the law relating to drainage boards, does the cost of a branch drain, made by a drainage Board, subsequently to, and independently of, the construction of the main system of drains, in a drainage board area, fall wholly or partly upon the owner or owners of the , land through which such drain runs?"— Answer: The cost is apportioned by the board among the separate owners in proportion to the amount of benefit (if any) derived from the construction of the drain

by the land of each such separate owner. Crown Tenant writes:—"A m<an leases a section in April from the Land Board and pays the first half-year's rent and license

fee on date of the purchase, the receipt for rent being as from Ist July, but the Com- , missioner of Lands instructs him he has immediate possession of section. Is he legally in possession as from April? Can he legally take action against any person damaging- said property between April an<3 July?"—Answer: The man may maintain an action if he had a right to the immediate "possession'of the ; land in April and

entered uuon it in exercise of that right. Twelve Years' Subscriber writes:—"S takes up a Government renewable leasehold- at ballot, B likewise the adjoining section. S erects boundary fence, having verbal arrangement with B. Twelve months pass, and B forgets his section. Six months more elapse, and section goes to ballot. D takes it up. B never paid S f«sr half co3t of erection of boundary fence, and D refused to pay full amount. S wants money, and applies to Advances to Settlers Office, but dos-s not take advantage of his asset —viz., one-half value of the boundary fence, expecting D to pay up. (1) Suppose D wants money from Advances to Settlers Office, is the half value of the boundary fence fhich he,has not paid one penny on his property ? (2) Can S sue D and win the case, or must he hunt for B to get redress?"—Answers: (1) iSfo. (2) S must look

to B for payment. Registration asks: —"(1) What constitutes a bona fide farmer, according to the Dogs Registration Act? (2) If a dog is kept for the sole purpose of working cattle oan it be called anything else but a farmer's dog? (3) If I sell fruit, honey, etc., besides the usual produce raised on a farm, does it prevent my being called a bona fide farmer?"—Answers: (1) The word "farmer" is not denfjned in the act. It must be understood in the sense in which it best

harmonises with the subject cf the enactment and the obiect which the Legislature had in view. (2> The mere fact that the dog is so kept will not in itself make its owner a farmer. The owner might, for instance, be a miner. (3) No.