LAW QUERIES.

Otago Witness, 1 June 1910, Page 51

LAW QUERIES.

[Answered by a Solicitor of the Supreme Court at New Zealand. Letters and Telegrams must be addressed to " LEX," c/o Editor, Otago Witness, Dnnndto.] __ Farmer asks: " Can w. charge grazing fees for stray cattle running on our land for a lengthened period should an owner turn up Later on?" Answer: No. Troubled One.—;l) If' you decline to take, the photographic enlargement now, you may be sued for damages for breach of contract. (2) The firm cannot make your parents take delivery of it. (3) The money paid cannot now be recovered. Farmer writes: "If a farmer gives you the right to use a piece of land to take a crop of potatoes off, providing you stump and clear the said land, and after you get the ground stumped he sells his farm (before you have the benefit of it), have you any claim on him for the amount it cost you to stump it?' - Answer: No. Mumsku'll writes: "I agree to lease a section of land from a lady neighbour. Have I the right to say who will draw up the lease, seeing I have agreed to pay for it, of course subject to her solicitors having the right to peruse the same before it is sign ed 'l'' Answer : Yes. Anxious writes: " I have a section in one of the suburbs on which I am building a house. On Sundays and at other times during my absence children are in the habit of climbing on the framing, scaffolding, etc. Seeing that the section is not fenced in next the street, can the law hold me responsible should any ■ accident happen to those children while on ury property ?" —Answer : No. Merchant writes: " I purpose suing for a debt; the party has a fourth share as a working in a mill. After obtaining judgment, if he still refuses to pay, can I interfere with his share of the mill to bring pressure to bear and force him to pay, a-s it is only a small amount?" Answer: Yes. Cow-spanker writes: "One of my cows hap* paired to get out of my paddock the other day, and the ranger caraa along and got her just about five chains from the house, alongside my fence, on the road. He came up '.o the house and wanted to charge the wife 9s for the animal; and would iiot take leas. Be so kind as to let me know what he could charge, as I think he made an overcharge." Answer: The proper legal charge is Is. Eltnam asks: ''(1) Do I require a license to sell home-made wines, such as rhubarb, elderberry, parsnip, beet, gooseberry, blackberry, and cider? (2)- In what quantities can I sell without a license, if I have to get a license to sell?" Answer: (1) and (2). You may sell without a license wine, cider, or berry in quantities of not les3 than two gallons at any one time, the produce of grapes, apples, pears, or other fruits respectively of your own growth, but not for consumption on the premises. Subscriber writes: " Property is left to a daughter under will by a parent, and she marries. If she dies intestate before coming to that property (1) can her husband claim the property, as his wife's legitimate heir; or (2) can she make a will* in his favour during her own lifetime, thereby disposing of property she may afterwards inherit, but not for the time being?" Answer: (1) If there are issue of the marriage, the children will be entitled to two-thirds of the property arid the husmand to one-third. (2) Yes. Inquirer writes:. " A buyer at an auction sale buys a line of lambs, guaranteed by the vendor to be all ewe lambs, the similarity of appearance between the sexes of ■sheep at that age being difficult to discriminate. After bringing them to his own yards the buyer finds a percentage are male or wether lambs, the. difference in values being, say, from 2s to 4s per head. Can the buyer- claim compensation from the vendor for the difference in value?" Answer: Yes. J. C. writes: "I have held for some years a section in one of Dunedin's suburbs. The owner of the adjoining section now wants be to join him in the erection of' a dividing fence. (1) Can he compel me to do so ? _ (2) If so, can he fix the class of fence to" be put rip?" Answers: (1) He may, by serving you with a notice to fence, compel you to contribute half-cost. (2) Nat necessarily. You may, within J2l days after service of .the. notice, serve on on him a cross notice signifying any objection you may have, and make therein counter proposals. ■ ■ - Scotchman asks: "(1) If I take a house for 12 months, and by so doing get it for less rental, and the agents want an ' agreement isigned,. and I sign it, though I. tell them I do not want an agreement, am I • liable for the ist/amp on. the lease? (2) Having signe 1 the agreement, and moved, into the house, I found the borer in the timber of tho house, can the agents keep me to the agreement?" Answers: (1) Yes. (2) "Yes, 'if the house is inhabitable. Subscriber writes: "I have a farm over which I gave a man the right to trap irabbits. He has been on the next farm

•trapping since he first did mine. He waf to trap'it again as soon as ho was finished where he is new. But in his absence another man has trapped the ground without my consent and without asking for it. (1) What can Ido in the matter? (2) Can the man clo arything to whom I gave the right at first to trap?'' Answers: (1) You can claim damages from the intruder for trespass. (2) Not unless he paid for the right. 'Constant Reader writes: "If you are employed on a place by the year, can you be dismissed with a week's notice? I was engaged as shepherd, and the boss wanted, me to go carting chaff by myself. I told him I would not. fco be gave me a week's notice. Can I claim a month's wages or a month's notice?" Answer: A yearly hiring cannot, in general, be terminated except by a reasonable notice expiring at the end of the year, unless there is a custom in a particular occupation to the contrary. If you can bring evidence to prove that it is customary for shepherds to receive a month's rotice, you can legally claim that length of notice or a month's wages in default of it. G. Bt. writes: "In a district where no Arbitration Court award i: in force a threshing-mill owner draws engine and mill into a farmer's paddock for the purpose of threshing said farmer's grain. The hands following mill are paid by the farmer, the mill-owner contracting to thresh grain at so much per 100 bushels. In the event of the farmer not requiring any of the men, or in case a man or men do nftfc give satisfaction, and are discharged by the farmer who employs and pays them, would the mill-owner not be liable . for damages under the law of contract if he, for no other reason than the discharge of man or men, as beforementioned, withdraw his mill and refused to complete contract entered into by him?"- Yes.

Equestris writes: "A buys a horse from B under the following agreement drawn up privately for the sum of £2O sterling, the receipt of which sum is hereby acknowledged, paid me on this date by A for four-year-old bay gelding, I hereby agree (jbat if required to do so I will redeem the horse within 12 calendar months from date for the sum of £l7 sterling. (Signed) B. December 18, 1908." The above agreement b&ars one stilling stamp, cancelled by date thereon, and is witnessed by a> third party. Chcumstarces developed in September, ISO 3, by which I had no farther use for the horse, and I notified B to this effect, and that he could have the horse at anj time he liked under terms of agreement. He replied that he did nofc want the horse, that the agreement was valueless, and declined to conform. In company with a friend—a police constable . —seived letter on B on December 17th lo the effect that' per ding receipt of amount", as per agreement, the animal would be held at his risk. and expense. Another letter followed, but no reply to either. Have attended the hcrse ever since, and have also usad him occEsiomally in harness, Would yen please tell me if the above agreement would hold good in a court of law ; and, further, whether there is aay doubt whatever as to its validity?" Ar.swer: The agi ecrcent ,i,s valid, but not specifically orforceable. In other wor-ds, A cannot compel B to take back the horse, but he. may claim damages from him for * r.cn-fulfilment of the agreement.