LAW QUERIES.

Otago Witness, Issue 3003, 4 October 1911, Page 51

LAW QUERIES.

[Answered by u Solicitor of the v Supreme Court 0I New Zealand. Letters and Telegrams muat.be addressed to "LEX," e/o Editor, Otago Witness, Dunedin.]

Chisis writes:—"lf ; the manager of a s+akon asks a man to do a reasonable job ; nn Ira hours, and the man refuses to do itcan lie sack him without. giving- a week's .notice to the man?" —Answer.: Yes. Farmer writes: "I have leased tramway .rights to A. and B. Can they transfer their- leace to another without my permission ?"—Answer: Yes, unless there was an express or implied) condition in the . lease to the contrary. Contract aska: " (1) Can a borough council renew a yearly contract of over £150; adding on £lO for this year, without calling for tenders? (2) What is the amount that a council can spend on a single .job without calling for tenders?"—Answers: (1) Yes. \(2) There is no set limit". St. Hilda.—(l) You can claim damages from the original occupier with whom you made: the agreement for non-fulfilment of it. (2) . The present occupier of the land on the right hand_ side of your section succeeds to the liabi'ity of hi 3 predecessors in respect of the fence made by you, and may be sued accordingly. SHEfHteRS writes: "Tf a shepherd is authorised by a- boas to hoot stray dbgs running through • hie sheep, can the shepherd or boss be held respofflsibleFif one or the other shoots a valn.ii.de" dog?"—Answer: No. The destruction cf a dog running at large amongst sheep by the owner of the sheep,

or by a person employed by the owner, is authorised by the Dogs Registration Act. Interested writes: " I am the owner a.nd occupier of a piece of land adjoining the Mbsgibl District High School. The fence hot-ween -us is in such a state as to necessitate the erection of a. new one. The

secretary of the school committee has -approaieli«<i me with a view to my paying l the ha.lf. Am I obliged to do so., considering they are a public body?"— Answer: Yes. The Education Board, : n

whom the title to the school reserve is vested, is adjoining occupier, and can

compel you to contribute half cost. Subscriber asks: " (1) Can a ranger take cows which are grazing on the. road and

being horded by the owner ? (2) Has ha the . , f .pow>er t 0.... feke the said cows frcin the owner'and ; drive' th-etu. to the Jpouiid? - ;(3) Is there any stated'' .hours " when cows found on the,road cann.otj be..impounded, "SUch as in' 'the evening. Or';early rap.'rning-? '-Also (4) can;*.'the ranker imi>ound cattle or ■: horses-;-om'' ; 'a : -Sunday? ?, .(1) Yes.. ,;_if the cowia are found straying in, lying about, or- tethered in the road. (2) Yes,

if he finds the cows as aforesaid l . - (3) Ko. (4) Yes.S. P. writes: "I find a dog wandering on my 'property. I keep the dog, and can find no owner. (1) Qan, I destroy the dog, ■or (2) dispose of him in "any way I like, or ■ (3) what .steps should I take?"— Answers: (1) Not unless the dog is'without a collar having the proper registration label, lie-eon-- (2) You can sell the dog, but. have no title to it, you can confer ■!'»«;" better title on the purchaser. In "other words, the purchaser will not be able to retain the dog from the owiier if the latter turns- up to claim' ir.

(3) Advertise for the owner before you do anything. Fair Deal (South Canterbury) writes: "For the last three years I have b&on troubled N by a neighbour's -sheep coming on to my property—often when I have crop in. As a rule, I yard them, and send him word to get tham. To-day I yarded 47 off my whreat. The position is this: I bound on a river with a high cliff and tracks up in places. My neighbour and I erected 12 chains of fence betweie.ii. U 3 on top of the cliff. His ishosT) up the river on to another neighbour's property, and then come up on to my land where there.is no fence. About four chains of fencing between these two neighbours would stop them, and as the man who owns sheep does not do it, what is my position? Ca.n I impound the sheep and claim- damages?"—Answer: You may impound the anirmals, but you are not -entitled to damages (exoept fees for driving or for giving notice of the detention of the* sheep), for the reason that your land is tin-fenced at

the plaoe_of trespass: . Dupet) writes: "A is a farmer who sells a pen. of sheep through the agency of an) association.. When collecting the proceeds B, who is their cashier and accountant, informs him that on account of the . absence of the manager, he is unable to give a fullv signed cheque, and suggests that A endorse same, promising to get it fidly signed and paid into A's account at the bank next day. Some months afterwards, when B had left the employ , of .the association, A discovers that B had paid the cheque (amongst others) to the credit of the association instead of. to A's, aind also found to his sorrow that B, or someone else, had appropriated the amount of the cheque to their own use. When taxed with this, B promised to pay in a fortnight (unfortunatelv without a witness) later repudiated all rcaponsibjlitv. What remedy has A got?-- (1)' Could he

succeed against the. association ? (2) Can ,he compel B to make sr.od the amount?"— . Answers: (1) No. '.(2) Ye 3. Trustee writes: ."The trustees' term of office for a certain cemetery expires in a few weeks. ,To appoint new trustees (1) is .; it /necessary to call x a. public, meeting, or ■ (2) a meeting of allotment holders, for the purpose of sending, name? forward to the local county council asking them to re- ., commend those whose names, are sent forward to be gazetted as the new trustees? (3) Do allotnient holders in the oemeterv for which trustees are to be appointed, have the preference before others of tho public to act as trustees if they desire todo S3-?"—Answers: (1) and (2) A mestinsr of . owners -of .- allotments, should be convened. If the present trustees were a-p- ---: pointed by the county council ynder powers delegated to it by the Governor, then the chairman of the trustees must convene a meeting of the owners of allotments not less than, one month nor more ' than two months before the expirv of the term of office of the trustees. (3) The true spirit and intent of the Cemeteries Act is that owners of allotments should have ..preference. But. if the. Governor did-not 'i-'j delegate, his powers, .to the county council, it is open to him to ap'point other than' owners of allotments. . * .',