LAW QUERIES.

Otago Witness, Issue 2924, 30 March 1910, Page 52

LAW QUERIES.

[Answered by a Solicitor of the Supreme Court of Heir, Zealand. Letters and Telegrams must be addressed to " LEX," c/e Editor,- Otago Witness, DttMdin.] A Header. —The wife has no right of action against the sister-in-law. Subscriber, Roxburgh.—(l) To fix the responsibility upon T., you must have evidence to prove that the loss of the fruit was due to negligence on the part -of his servants. (2) If such evidence is producible and your husband was really the consignor, proceedings should be taken by him and not by you. . NETTING writes:—"A has erected a netting' boundary fence without consulting B. A has sold his farm to C. Should B pay halfcost of netting to A? (1) Can C (to.whom ' A has sold) compel B to pay nis half? (2) Also, can 0 compel payment from B if the remaining portion of his (B.'s) farm is not netted?"—Answers: (1) and (2) N». Subscriber, Mosgiel.—(l) Yes; it is legal. (2) The word "property" will include money in the . bank. - But where a policyholder dies leaving a will, - the policy moneys may not be ajiplied in payment of his debts or of any legacies payable under his will unless' in and by his will he has by express words specially referring to such moneys declared that the same shall be so applied. (3) Your wife would have to obtain grant of probate of the will from the Supreme Court. Boat Hook Bob.—(1) Yes; it is obligatory upon you to keep light lines, etc., and efficiency report book. (2) In any case where a member of & mining' partnership whose duty it is to occupy or represent his interest or 3hare in ihe 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 be put in possession of such share or interest as though such member had never been a partner, and the court may decree accordingly, or make such other order as it deems equitable. (3) The decision of the members owning a i majority of the shares or interests in the partnership binds it' in the conduct of its business.

Constani Reader asks: —"(1) Can proceedings of a divorce case be kept out of the papers'? (2) Does it require extra money to do so? (3) What does 'in camera' mean?" —Answers: (1) The court may, on the application of either the petitioner or the respondent, or a' its discretion, if it thinks it proper in the interests of public morals, hear any suit or proceedings in chambers, and may at all times in any suit or proceedings, whether heard and tried in chambers or in open court, make an order forbidding the publication of any report or account of the evidence or other proceedings therein, either as to the whole or any portion 'thereof. (2) The application win entail a little extra cost. (3) The term "in camera" means "in -chambers," and is used with reference ,to legal proceedings held privately, from which the public ~ttre excluded, '

Oe.chaedist writes:—"There is a niacrocarpa hedge on the boundary of my orchard, standing about 20ft high. It is a dividing ■fence, and this year my neighbour has commenced to cut it down to a height of 12ft, v whSch is too low to shelter my trees. I have asked him to stop. (1) If he continuesPcan I claim compensation? (2) Can I . claim compensation for what was cut down before I protested?-' My neighbour's land is in grass, and I cannot see that the hedge does him any h«rm." —Answer: If the hedge was jdanted at any time after October 18, 1895, without the previous written consent of your neighbour, he may, in exercise of the powers conferred upon him by the Fencing Act, enter on your land, cut down, uproot, and destroy the hedge, and recover the cost of so doing from you. J. C.-—(l) There are two instances where payments wiiTiout probate may be made. The first case fs. where a sum not exceeding £IOO may be due to a deceased person by a public department. The Minister of Finance may authorise payment of the sum or any part or parts thereof to any person or persons whom he considers entitled thereto. The second case is where insurance moneys not exceeding £2OO, exclusive of profits, are payable to the executor or administrator of a deceased person. The insurance company, without requiring probate or' letters of administration, may pay such moneys to any person who can prove to its satisfaction that he (or she) is entitled thereto. In both instances the power to so make payment is purely discretionary. (2) The furniture is the widow's property if it is bequeathed to her by will. (3) If the husband dies intestate leaving wife and children surviving him, one-third of bis estate goes to his widow and twothirds to the children. Interested (Riverton), Constant Reader (Maheno), and Subscriber (Maheno): Your letters, arrived too late for reply in; this issue. x

BIRTHS

ASLIN.—On March 29, at " Balburnie," High street, Musselburgh, the wife of Edward Aslin —a son. CHISHOLM.—On March 28, at Roseneach, Sawyers' Bay, to Mr and Mrs G. G. Chisholm —a son. DWYER.— On March 22, 1910, at Waimate, the wife of John Dwyer, of a son. GRAHAM.—On February 26, at Nurse Wardworth's Private Maternity Home, Gore, to Mr and Mrs A. J. Graham, Mataura —a son. M'FARLANE.—On March 25, at Queen's drive, Musselburgh, the wife of W. T. M'Farlane—a daughter. SHAW—On March 20, 1910, at their residence, Washington avenue, Brooklyn, to Mr and Mrs John Shaw —a son. STEEL.—On March 26, at Filleul street, Dunedin, the wife of Alex. Steel, of a daughter.

MARRIAGES.

HAY— TALBOYS.—On March 9, 1910, at St. Matthew's Church, Dunedin, by the Rev. Canon Curzon-Siggers, M.A., William. Grant, eldest son of William Hay, Esq., of "Hilly Park," Romahapa, to Jessie Margaret, only daughter of W T. Talboys, Esq., of "Bona. "Vista," Dunedin. - ■ ■ ; MELTON—MELVILLE—On February 23, 1910, at the residence of the bride's mother, St. Clair, by the Rev. D. Dutton, William H. Melton, to Janet B. Melville, eldest daughter .of the late . Andrew Melville. .

DEATHS

ANDEIISON.—On March 28, ■ fit her residence; 130 Dowling street, Dunedin, Mary, beloved wife of Charles Samuel Anderson and sister of Thomas Sciiny of this City; aged 63,years. -Deeply regretted. —Private interment. ANNAN.—At her residence; .Melville Downs, Fairlie, Marion, the beloved wife of James Wilson Annan; in her 39th year. Deeply regretted.- .- CHAVASSE —On Maroh 24, at the Dunedin Hospital, Charles Cornwall, .the beloved husband of Hannah Chavasse, late of Mackay, Queensland; aged 39 years. Deeply regretted. DALZIEL—On March 27, 1910, at his residence, Lanark- street, Balclutha, John Dalziel; aged 82 years. • DE-LEON.—On March 27, at 116 Upper York place, Ellen de Leon, wife of Septi-. mus de Leon; in her seventieth year. FISHER,—On March 28, jat the Dunedin Hospital, Geoffrey Duncan, the beloved son of Daniel M'Ewan and Mary Somerville Fisher, of Middlemarch; in his fifteenth, year. Deeply regretted. FOSTER.—On Maroh 26, at Hamiltons South, Thomas Foster; aged 83 years. HARPER.—On March 23, at his residence, The Point, Karitane, William, the beloved husband of-Mary Harper; aged 70 years. Deeply "regretted.. :• M'KAY —On March 28, at Dunrobin, East Taieri, John Allan, only surviving son of the late Alexander M'Kay.MOIR.— On March 28, 1910, at her residence, George street, Port Chalmers, Elizabeth Ann, the' wife of the late William Moir; in her seventy-ninth year. MOORE.—On January 26, at Station road, Kirk Michael, Isle of Man, Mary Ann, widow of John Moore; in her 99th year. PAGE.-—On . March • 24-, at her grandmother's residence, 18 Frederick street, Roslyn, Marjorie Wilhelmine, the beloved daughter of John and Jessie Page; aged 10 months. Deeply regretted. PATERSON.—On March 25, 1910, at Dunedin, George Hay Paterson, of Great King street; aged 73 years WILSON.—At Wvndham, on Tuesday, March 22, 1910, Fraserina Sarah (Rena), the beloved daughter of- Richard and Jane Wilson; aged 6 years and 7 months.

IN MEMORIAM.

M'RAE. —In loving memory of our dear Jessie and Annie (twine), who died at " Willow Farm," Middlemarch, on November 11, 1907, and March 27, 1909, respectively. • "Till the day dawns and the shadows flee away." . . . x —lnserted by their loving parents, brothers, and sisters. . , Kotlfleatiene of -Birth,. .Morri&ges, ,aad' D-eothg nppearipg in . She "Wtrneee aieo receive ins-ortion in the Daily Times oa'3 in ths MaatUy Summary for Jturop* withont a*3ktS»ire! ehayge. Announcements uf Births, Marriages, and Deaths tobS for pablicottoa from tsha oemitry disfcriofea require- to ha reri&ed by the signature at either our agent in the district from which the announcement is see* or of the clergyman of the. dietrict. Charge for these, 3s par insertion. When Terse* are added to "In Memorssm" noMcee, an additional charge of 3s 63 for each Terse of • four lines is made.