LAW QUERIES.`

Otago Witness, Issue 3018, 17 January 1912, Page 59

LAW QUERIES.`

[Answered by u Solicitor of the Supreme Court ef New Zealand. Letters and Telegrams must be addressed to " LEX," c/o Editor, Otago Witness, Duuedio.]

X. L. —The charges in the bill of costs are reasonable in amount. New Chum Lassie —Yes. you may sue your mistress for the deduction made from your wages.

Perplexed.—(l) The proper course is to institute an action in the Supreme Court for specific performance of tba agreement (2) The cost will bo about £2O. Hope.—o) Yes. von may claim the four guineas. ('-) You had better employ a .solicitor to make a formal demand fpr the money. (3) Your previous letter lias been destroyed. It was not necessary for you to keep a copy of it. Mimosa, writes: —"Some time ago, while working for a contractor, I met with an accident, resulting in the partial loss of the third finger of the right hand. I am receiving half pay, drawing my pay weekly. I am entitled to compensation for the loss; but what I wish to know is: Is the half-pay a part of the compensation ?" Answer : Yes. H. J. writ&s: —"T had a double en the races, and I won. (1) Can I claim it in court when the bookmaker refused to pay? (2) Could T summon him for receiving money under false pretences? or (3) could I summon in any way at all? (4) Could I claim mv n:onev back?" Answers: (li Xo. (_>; You do not give sufficient particulars to enable us to form an opinion. (3) Yes. if the bookmaker did obtain the money by a false pretence. (4) You cannot recover the money either by civil action or criminal process, though it is probable that you may obtain the bookmaker a term of imprisonment. Canadian writes:—"A owns a piece of property, and the boundary on one side is a roadlinc. B's property, on the other side of roadline (which, by the way, is unopened) is not fenced. Eight or nine years ago A cleared a bush track and fenced the entire length of his own property. By running a chain fence across the rendline 11 makes use of A's fence, mid has never repaired it. For what term has

A a claim over B for expenses incurred in repairing fence?" Answer: Only for the six months prior to the date of an application for a summons for recovery of the money. Shepherd.—(l) The charge for driving five head of cattle seven miles to the nearest pound is 7s if the local authority has adhered to the scale of charges set forth in the Impounding Act. As. however, the local authority may from time to time reduce the charges, you had better inquire of the clerk- to the lecal authority what the present rates are. (2) You may lay an information against the poundkeeper for failing to complv with the- provisions of the Impounding Act with respect to keeping a table of fees posted in a conspicuous part of the pound, and also for failing to keop a ■pound-book. Breeder writes: —"A takes two mares to B to service of a trotting stallion, and leaves theni with him. A goes for mares at the end of the season and finds that one of them (which was a good hack and harness horse, and was also a first prize winner as a brood mare at a local show) had been shod and used as a hack, was badly saddle-marked on the back, girthgalled, evidently had been much knocked about, and at present is quite unfit to use as a hack. B had no authority or permission from A to use either of the. mares. B admits getting the mare shod mid allowing his groom to use her as a hack when traveling with stallion. B keeps livery stables. Terms were arranged at the beginning of the season. Under these circumstances (1) could B compel A. to pay for service of horse- for mare B had been making use of? (2) Could he compel him to pay for the other mare? Apart from any injuries done to her, (3) what damages could A claim from B for working mare as stated above?"—Answers: (1) and (2) Yes. (3) Nothing. The claim should be based on the injury done to the mare.

Harder Case—(l) If. as is deduced from the statement of facts contained in your letter, vour neighbour's property is situated within Clutlia. County, and is enclosed by a sufficient fence within the meaning of the Fencing Act, then ho was within his rights in impounding your trespassing cattle. The authority to do so is conferred upon him by the provisions of Appendix ti to " The Impounding Act, 1906." (2) The charge for daily sustenance, according to the scale in the Impounding Act, is 6d per head for every ox, cow, steer." heifer, or calf of the first 10. For a bull above the age of nine months the daily charge is Is 6d. As, however, the scale of charges in the statute is liable to cltcration by the local authority, and may have been altered, you had better writs to the county clerk and ascertain from him definitely what the charge is. (3) Your neighbour may not keep the cattle impounded on his own property for longer than two whole daye of 24 hours each. (-1) No occupier of unfenced land in Clutha County may impound trespassing cattle. (5) Yes, you are liable for the Cd. if that is the proper charge. (6) Certainly you should keep your cattle from trespassing. ' •