LAW QUERIES.

Otago Witness, Issue 2955, 2 November 1910, Page 51

LAW QUERIES.

[4u2-»«K<(i by a Solicitor of the Supreme CourS al N»w ZeaUud. Letters and Telegrams must bt tddreased vo " LEX/' c/o Editor,' Otazo Witness, Dunedic.] True Churchman asks:—"ls it legal to have two candles burning in the pulpit of the Church of England during the day time when not required for lighting?" —— Answer: Yes. Ngapara writes: —"I was asked to go and look after a sick person. I was both nurse and '•general.' After they were finished with me I was told I could not make a charge, as I was not a registered nurse — that they could give me what they thought fit. Can I sue for my wages?' Answer: Yes. A. B. asks: —" (1) Can I get a divorce for three years' desertion? (2) If so, what is the probable cost? (3) Wbat is the 'age of consent' ? (4) Within what time have proceedings to be taken V Answers : (1) No. It requires five years' wilful and continuous desertion without just cause. (3) 16. [i) If the chnrige is one of unlawfully carnally knowing, or of attempting to unlawfully carnally know a girl of or over 12 and under 16, bbe prosecution must be commenced within six months after the commission of the offence. JtrsTiCE writes:—"l left a good business to go 'home and look after an invalid parent. My average was £3 10s a week. In the meantime I a,m getting 10s a week, and bave been home nearly three years. Have urged my father to make a will and settle something on me. He has not. done so, but says that he will see that I am provided for. (1) If there is no will made, what could 1 claim to compensate me for my law? (2* For bow many years back could my claim go? (3) Would my claim come before any other settlement could bo made?" Answers: (1) Nothing. You would be entitled only to your distributive share out of the estate. (2) None. (3) No. New Chuii writes: —"A leased a house to B for 12 months for so much a week. A signed one paper that he would let B have the house for 12 months, and gave it to B. and B signed one that he would fake the house for 12 months and gave it to A. The lease is> not stamped. If B leaves the house before 12 months, can A claim 12 months' rent?" Answer: i^o, Fairplay asks: — "(1) If Christmas Day and New Year's Day fall on Sundays, can farm and station hands claim a holiday on the Monday following? (2) If Christmas D» fails on Sunday, are publicans compelled to keep their bars closed the following Monday?" -Answers: (1) Not unless it is so provided in an Arbitration Court award affecting UiS respective occu(2) Me

r'RESSED asKs: "(I)'can an. urtmuTrTed man go through the Bankruptcy Court? (2) What is the proper way to do so?" —Answers: (1) Yes. " (2) He files a debtor's ]>etition in the nearest Supreme Court offios. Form of .petition and all other requisite forms may be obtained from the official assignee in bankruptcy. The petition must be signed by him in the presence of a registrar of the Supreme Court, a solicitor, or a justice of the peace, and thereafter handed with £6 in stamps to the registrar of the Supreme Court. The debtor thereupon at once becomes a bankrupt. Within three days he must deliver to the official assignee a full statement (verified by affidavit) of his assets and liabilities. Athlete asks: (1) Is an athletic society liable for an accident to a competitor wno may meet with a mishap while competing—say a chopper cuts himself, or a runner, physically unfit, competes and collapses? (2) If the society permitted a shooting gallery, and someone, was injured, would the society he liable? (3) The society not being a registered society, would that make any difference to liability, if any ?—Answers: (1) No. (2) Not unless there was negligence on its part. (3) No. Witan writes: —Two contiguous properties, A's and B's—Government leasehold pastoral country, —-have a creek more or less rock-bound, running between them. As the creek was an insufficient boundary for stock, a fence was erected under a mutual give-and-take agreement. Part of the fence is on A's land and part on B's, as the roughness of the country allows. On B's property, but between the creek and the- fence, are noxious weed<. Who is responsible if the noxious weeds are not destroyed? A or B? — Answer: A, as occupier of the pieco of land, is responsible. New Chttm. —(1) In order to recover interest the party claiming same must rely on a contract, expressed or implied, from the . course or usage in the particular trade or husinnss. or on 3 and 4 Will.. IV. e 42 (Lord Tenterden's Act), under which act interest may be recovered upon debts payable at a certain time, or otherwise, if such debts be payable by virtue of some written instrument at a certain time, or, if payable otherwise, then from the time when demand of payment shall have been ma<le in writing, with a notice that interest will be claimed until payment. (2) You are under no obligation to pay the solicitor's fee. W. M. —A miner"s right authorises tlie holder thereof, while it continue- in force, to prospect for any metal or mineral on Crown lands open to prospecting-: to take up and hold, without application to or license from the warden. The holder of a miner's right is. also entitled, without application to the warden, to personally occupy as tent or hut. ground for his residence an area not, exceeding 24ft frontage by 43ft depth on any unoccupied Crown land open for mining, not being land set apart for business or residence sites or land required for such sites or for mining- purposes.