LAW QUERIES.

Otago Witness, Issue 2949, 21 September 1910, Page 51

LAW QUERIES.

[Amwtred iij » Solicitor of the Supremo Court ul New Zealand. Letters and Telegrams unit b> »ddr«s«*d to " X.KX," c/o Editor, Otago Witneoa, boaedio.] R. C. S. D.—Yen are not liable for a week’s rent. Inquirer asks: “ (I) What is the stamp duty on a property of £6OO, also (i) lawyer’s fee for transfer and mortgage?” (■2) No fixed amount. Inquirer asks. —“ What law is there to stop any person taking dogs over leasehold ground which is poisoned with pollard poison?”——The law of trespass. There is no duty of care in respect of trespassing imimals. J. C. L. writes:—“There is a banquet to be held in an hole! dining room, for which an .extension of license has been granted. (1; Can the banqueters have liquor fihere

up till such time as the license has beeTJ extended? (2) Must they have all drink removed at ordinary closing time?" (1) You are in error. There is no jurisdiction vested in anyone to extend the license. (-2) Yes. Subscriber virites:"—"l am building a house by contract, contractor to find all material, and I am to cart it. In doingso the register grate broke with me. Can the contractor make me pay for the grate?" Not unless the breakage was due to negligence on your part. Secretary writes:—" Suppose a School Committee let its work of cleaning the school by tender, also all casual work, such as trimming hedges, etc., and in cither case the successful tenderer meets with an accident while at hi 3 work, is the School Committee liable, under the Workers' Compensation Act?" No. Breeder writes: —"I engage the services of a- stallion tor the season. I pay, say. onehalf of the fee at the end of the season and the balance when the mares prove in foal. Eventually the mares prove not to l>t in foa! and the season is lost, as

well as the half-fee. Have I any legal way of getting redress?" Answer: No. Drover writes:—"About two years ago I bought a fleck of sheep, paddocked them, but neglected to earmark or brand them. The majority I sold, but some 15 or 20 straw;od away. (1) Can I legally claim those strays now; or (2) is my right barred by neglect to earmark and brand, as well as (3) by lapse of time?" Answers: (1) Yes. if you can identify them. (2) and (3) Xo. Parmer writes:—"A and B nave farms adjoining. A cuts a drain or ditch down to the boundary, and can proceed no further without trespassing on B's farm. (1) Can A compel B to cut a ditch to

take the water away which is standing in the drain on A's farm? Or (2) can A enter upon B's farm, with B's consent.

and cut the ditch at his own expense?" Answers: (1) No. (2) Yes. Contractor writes: —" C agrees to take land for cropping purposes from D. The terms are that C gives D one-fifth of the. crop of oats or wheat, or whatever the crop might be, for the ute of the land for the season. If the crop is threshed and the straw stacked on D'» land, can C claim his share of the straw?" Answer: Yes.

Legal writes:—"For several years I have been in the habit of attending to sick hors&s, cows, etc.. in the district. During, this last week I attended to four sick cows (with success in each case). So far I have never made a charge, but as you see it is making serious demands on my time, and I want to know what steps -are necessary for me to take in order to legally make a charge?" Answer: 'You must enter into an agreement as to payment beforehand, if you wish to recover for your services.

ANXJIOUB writes:— "If a person is' travelling on a train on which there is a large crowd (there not being seats to accommodate all), and falls off the platform there: of and sustains a broken leg as the result, (1) can he compel the Government to pay damages? A notice i 6, of course, on every carriage advising that all persons standing on the platform stand there at their own risk, and that the Government will ■ not be liable for compensation through neglect of this caution. (2) Is a father liable for a son's debts (the son being- 21) if the son has booked the-purchases to his father's name, the son also being in the father's employ?" Answers: (1) No. (2) Not unless the debts were incurred with the father's authority.

Old Subscriber writes:—"ln the event of the new proposals of the Government becoming law to grant to lea-se-in-perpetiiity holders the right of purchase at 25 per cent, added between the original value •and present value—(l) How would it affect one who h&3 already applied to purchase and had the value assessed of his land, but has many months yet to run before completing purchase? .(2) Will it be necessary to pay full amount of valuation, or w'ill he gain the advantage of the proposed legislation in deciding coat? (3) If he, having value already fixed, would still came in under the new proposals, would it be necessary to have again a revaluation, or would the value of a few months ago be sufficient''" Answers: (1), (2). and (8) The applicant would not in any way be affected.

Freehold ,vrites:—"l put 50 acrea of grazing into a land agent's hands to lease at 30s per week for six months. He found a client, who put stock on, but when the first four weeks were up. and I approached the client for rent due. he said that I told liim the rent was 30.« per acre per annum. I may add that during these four weeks an agreement had been lying at my solicitor's effice for him to sign, but he' always made some excu?e about doing it. Of course, I had told him nothing' about rent, as it was in the land agent's hands. We met at my solicitor's office, and they advised me to come to terms, so I accepted £1 7b per week for the five weeka his «to:k wore grazing. I want to know now—(I) What fee I owe the (it was to be one week's rent)? (2) If I cannot claim the remainder of the six months' grazing at 27s per Week, as the agent has it clearly in black-and-white for six months?"—Answers: (1) 275. (2) No.

Unteainrd writes:—" A buys a property from B, v.'hich he holds for 12 months, or kr.ger. The purchase money was paid within 30 days of signing memo, of «a!e. Being a cash transaction, no shilling stamn was attached to memo, of sale. (1) Can B refuse to sign a transfer, or make any claim for en doing after the above-msnti.-med ]x?riod has elapsed from date of sale? (2) Supposing B die* in the interim, and A h-ilds receipt in full payment of purchase of section,_ signed by the agent through whom negotiations were made, would A have any difficulty in having a transfer made to him. and who would sign same on U's account? (3) Is the date of sale taken from date on which first deposit was paid, or from when balance of money. due was paid, providing same be within a month-of signing agreement to purchase?" Answers: (1) 3W. (2) No; B's executor or administrator would sign. (3; From the date of the execution of the agreement.

Subscriber writes:—" Can E dam creek going into his ground? It is a bad creek, full of holes. He exit new ditches about 16 inches higher than the be ..torn of the old crc-ffk, dammed the old ore in Hto places, blocked the water, and raised the water over a fcot high at A'* side of fpnee. A got sheep drowned through the sheep crossing being covered with water. A let .\"o. 1 dam %o to krt some of the yi-ater away. It is about 12ft from the boundary fence. The new ditch is quite dry now. The back .water from the second dam comes back a part of the way. B dug the sides of the old creek in to fill it up. Die creek is higher than it should he by about a foot on A's side. The trouble is the new ditches are about 18 inches Jrighfcr than the bottoip of the old creek.

J It is easier for Bto clam than make then | deeper. Answer: No. B is liable to ar ■ action for damages for penning the watei back on to A’s land. A. C., Subscriber, writes: —“ In the year i 1308 A had three mares served by B’f entire horse. All of them proved in foal j At that stage A paid Bin full, and asked 1 Bif he intended to travel the same horse i next year. B said : ‘ Yes. and in the same j district.’ A then agreed with B to have I three mares attended to by the service ol i the same horse, under the same agreement 1 as in 1908. C. a hired man, had the ! management of the horse in 1909, and came to A’s place, but did not attend to the mares as B had done the year before. The result is that none of the mares are in foal. A Went to B's place and told B’s wife to tell B that C was not giving A satisfaction. On one of his visits C came within three chains of A's house, ! the mares at that time being close to the house for the purpose of being served. C then suddenly turned the horse and went away, for no reason known to A, without trying the mares. A then went after C to get him to come back and have the mares served by the stallion. C refused to come back. A has two witnesses | to prove the same. Can A expect, in justice. to be compensated by B?” ' Answer; A may claim damages for breach of agreement, but will fail in his action for want of writing, if the agreement was not to be performed within twelve months. F. C. E. writes:—“ln January last I signed an agreement to lease a shop for two years at £3 2s 6d weekly. Three months later, the landlord, who had up to this time made several excuses for not signing the agreement, gave me a written notice to quit. His partnei (and agent) saw roe some two months later, and told me I could have the rent of the place for £2, and asked me to make a written offer, which I did. Now, the landlord has, without consulting me, completed the original lease, and is trying to compel me to abide by it. His lawyer tells mo that by not quitting when requested to do so I have committed myself. On the other hand, if his agent had not requested me to remain at a weekly rental of £2 I would most certainly have quitted. As the landlord refused to sign the agreement to lease, and gave me notice to quit. I fail to see now, now that he completes it (mind you. without consulting me), he has any chance of binding me.” Answer: He cannot hold you to the agreement if, before executing it himself, he authorised the agent to enter into a new agreement with you at £2 a week, and in pursuance of . such new agreement accepted payment at the lower rate. Anxious asks: “(1) What are the charges in respect to a person buying a property from another party? What are the charges in getting the deeds and title drawn up and solicitor’s fee in connection with same, and what is the actual cost of such? (2) Does the State charge 15s in £IOO stamp duty when property changes hands?” Answers: (1) The charges are not fixed by law. The cost is n matter of arrangement with a solicitor. Generally speaking, the charges depend upon the extent of the property and the state of the title. (2) The duty payable is 7s 6d for every £SO, or part of £SO, consideration money.