LAW QUERIES.

Otago Witness, Issue 3005, 18 October 1911, Page 51

LAW QUERIES.

[Answered by a Solicitor of the Supreme Court 'of New Zeaknd. Letters and Telegrams must be addressed to "LEX," c/o Editor,. Otago Witness, Dunedin.] ....... Solon. —The statements in the letter do .not amount to libel. ■'.'". Constant Reader.-—Yes; the landlord is entitled to a week's rent ih lieu of notice': Thirty-five Years' Subscriber.—lf the committee is' an unincorporated body with. out rules, you nave no redress. A Reader For Many Years.—You are under no obligation to keep the other half of the fence in repair.: An Old Reader.—(l) If sued, .you can counterclaim for damages for non-fulfil-ment of the'contract. (2) You may include the extra cost in your counterclaim. Forty Years' Subscriber, aeks: a person be- indicted and, convicted for in-" .decent exposure in a private room, door dosed, none being'" present' but' males

above 14 years in the same, condition, on the evidence of a trespasser —a keyhole

observer?" Answer: No. Subscriber writes: "A has a race conveying • water for household use to liis house. B has a leasehold which the race comes through. He also keeps cattle. If oattle get into the race and die, who lias to take the cattle out —A or B?"

Answer: B. W. W. writes: "I have leased a block of land from the Westland Land Board under section 130 of "The Land Act, 1908." What protection. have I again* Straying stock? Fencing the land-is out of the question." Answer: You may

claim damages for trespass. Inquirer asks: "(1) Can a landlord enter a house or upon land, . seize movables, "ahd;selT. tbieVsatne: without an; brd'er from .-the ■ court? v s.)■■■ Must the" movables be advertised so many days?"—-Answers;: ; '... (l)-"Yesi under warrant of distress for -Tent. (2); No: "It is;'not necessary to advertise the .safe unless; the; person whose goods are distrained requires it. . >) X. Y. Z. asks:' "(i) Can a civil-servant ask a question of a candidate" for Parliament at a political meeting? (2) If a civil servant is contributing to the Superannuation Fund, say for four or five years, and'- his services arc. dispensed with, how does he stand in relation. to the fund? Does the Government have to pay him the full amount?" Answers: (1) "Yes. (2) If the contributor has not attained 65 years of age' he is entitled • merely to a refund of his contributions

to the fund. Fence writes:—"A and B took up sections adjoining, and agreed that each one should put lip his half of fence, and to keep it in repair. B sold to C, and C sold to D. A has kept his half of the fence in good order. The other half has been neglected, and' D..won't recognise his '■<:. share of ' the fence." D- sa-ys■;.' that'- the agreement was, terminated; when/B/sold." •.■■■;.——Answer :• D must keep his oSvnihalf of

;.' the fence in repair. ,'• •-'■; Subscriber writes: "I instruct my agent' to sell a certain piece of property for me. He does, so, but receives no money, nor has either party signed the sale note. (1) Is the sale" legal? (2) Can I withdraw my consent? If not, (3) for how long will the transaction hold good?V' Answers: (1) The contract is not enforceable .unless there has been a part performance of it, such as a letting' into possession. (2) Not if the purchaser has "clone any act to clinch the bargain. (3) t Six years.

E. R. -writes:— "If «. man. fences a mining reserve and stocks it with sheep, (1) is he entitled to hold that land if he leaves/the district, and is earning a wage of £3 per week? (2) Will the Land Board grant that land to. a man living near it who has no land if he pays for improvements.?" to it is existent.■ (2) If the present occu- ■ pier hold's the land under an- occupation license from year to year, it is open to the Land Board to determine the

license and grant the land to another . applicant, or offer the license for sale bypublic auction or by tender. Dominion asks: "(1) Oan a constable.without uniform and a detective eater a private . place .without: a. warrant to enter,: or, if they have one, (2) mmst they' show it before entering? (3) Can they force anyone against his wish to answer any questions? If a detective asks a person, for a statement of where he was the * night before, comes back again and says he finds out that the statement is not true, and the person can prove it is,-.(4) "whatcaii the person do?" ——Answers: (1) Yes, if a person charged with a crime—that is, with an indictalble offence—takes : refuge: in the place, or if the police officers learn that, a crime with violence is being or'is likely .to be ih;jtbe private place. (2) Yes, if so requested.:. (3)

No. (4) Nothing. X. Y. Z. —The debtor would not be awarded 1 travelling expenses for filino - the notice of the special defence of the Statute of Li imitations, seeing that he can obtain'the forms at the nearest Magistrate's Court office, fill tneni up. and post them to the clerk of the Magistrate's Court in XjjWJ 'vicinity with a 3s stamp (Is for filing "the notice -and 2s • for service by the bailiff). The bailiff would serve a copy of the notice oh you'. Further," it is unlikely that he would be awarded travelling expenses for attending the hearing of the summons, in view of the fact that his defence is not a meritorious one, and that he can apply to have his evidence taken .at the Magistrate's- Court near to whcre ! he resides. . '

W. F.l writes:—" A farmer bought twostore cows by public auction in the. saleyards. The cows were sold by . the auctioneer as .spayed and empty. About five months' afterwards the farmer offers the above cows Iby auction as fat cows. One of the cows shows every indication of being in oalf, and. is therefore sold at auction at a loss of £2. The auctioneer ■when appealed to does not remember the conditions of sale, and refers the farmer to the vendor (who is a stockdealer). The farmer sends notice to the vendor (twice)

claiming compensation, of £2, and receives no reply. The fawner has a witness who heard the auctioneer say the cows were spayed and .empty. (1) Has the farmer any legal remedy? (2) If so, to whom rriay 'he' apply?'*——Answers:' (1) Yes. (2) The vendor is liable if lie authorised the—auctioneer to give the warranty. ,But, if" the, auctioneer acted without authority, he is the party liable.