LAW QUERIES.

Otago Witness, Issue 3029, 3 April 1912, Page 51

LAW QUERIES.

[Answered by o Solicitor of the Supreme Court of Xew Zealand. Letters and Telegrams must be addressed to " LEX," c/o Editor, Otago Witness, DuUOUiil.] Roads. —Tho opinion appears to he well founded. Legatee.—We do not undertake to answer questions relating to the law of Scotland. Constant Readeb. —A'a heir may claim the sft, but cannot recover from B half the money he received. Header.—lt depends upon whether or not you have tolerated the nuisance for a lengthy period. You cannot recover damages if by your conduct you have acquiesced in the stat-e of affairs for a considerable number of years. Bltjfp writes: —"I owe a tradesman an account. I cannot pay it in a reasonable time. He puts it into tho hands of a solicitor. Can the solicitor, besides making me pay the account in full, claim 6s from me for himself. He makes out he can."—Answer ; No. Justice and Judgment.—(l) Owner and occupier are jointlv and severally liable under the Public 'Health Act. (2) Payment by one trustee is sufficient. If he paid the money out of his own pocket ho is entitled to reimbursement out of the estate, the expense incurred being justifiable. Cornstalk asks:—"(l) Ha.s tho lessee of a Government small grazing run the right to sell crops grown on such land? And if there is not right (2) can permission be obtained when it can be proved the land would be benefited by tho growing of such crops?—Answer: (1) Yes. The cropping, however, must not be in contravention of regulations. Maid writes: —"I am employed a 3 a housemaid at a place in the country: (1) Can my employer stop my wages from Saturday till Mfonday if I ask for permission to go to town on business? (2) Can I claim a half-holiday per week from my employer?"—Answers: (1) Not if you go to town with his permission. (2) Not unless you stipulated for a half-holiday on entering into tho engagement. Subscriber writes:—"John Leslie Smith, married, with two children, wunts to adopt tho name of 'John Leslie' in future—for himself, wife, and family to be known as ' Leslie.' (1) What would it cost approximately to legally alter name? (2) What procedure should he take?"—Answers: (1) The cost, inoluding stamp duty, advertising, and solicitor's charges, will be about £5. (2) You execute a deed-poll setting out the change of name, enrol it in tho nearest Supreme Court office, and advertise the change of name in the New Zealand Gazette and local newspapers. W. T. K. asks:— "(1) Can a father take a girl homo at the age of 19 years if (she is willing to go out to earn her living independently of him? (2) Can a father, without consulting his daughter, sell any property or anything given to her as a present? (3) Can a boy or girl under the age of 21 years sell anything belonging to themselves without consulting their father?"—Answers: (1) The father cannot do so if the girl's election to stay where she is employed is a wise one and in her own interests. (2) No. (8) Yes. Constant Reader No. X.—You are evidently under a misapprehension. No estate duty is payable on an estate the final balance of which does not exceed £SOO. Tho charges you have had to pay must have been on a motion for probate of the will. There are fees payable on filing the motion-paper, the affidavits in support, and on obtaining tho order for probate. The largest item is the fee of £3 payable to the registrar on account of the estate being sworn at over £IOO in value. Subscriber. —(1) C can claim, only as much as his services are -worth. Yeterinorv surgeons are not licensed in New Zealand. Prior to the licensing of veterinary surgeons in England it was held that anyone claiming to be a. veterinary export could only recover on a quantum meruit — that ie, for as much as he has earned. Tliat law liolds good to-day in New Zealand. (2) B is responsible to C, but may recover tho amount paid from A. (3) Not unless A can prove negligent and unskilful treatment by C. Pinnock. —(1) The stamp duty l 3 £2 ss, being at the rate of 7s Gd for every £SO of the consideration-money. Registration of the deed costs 10s. If there is a mortgage over the house, there will be other charges. Tbo cost of professional services varies, and cannot bo stated with any degree of dufiniteness. (2) If the daughter was legally adopted, tho husband will not be undisputed heir. (3) If the money was really a loan, and the transaction is not over six years old, it is possible for the widow to recover the money by making a claim against the executor of her deceased husband's estate. Wattti Miner writes:—" There is a mining l claim here which works on Sunday (r) Can it be stopped from working on that day? If so, (2) by whom can' it bo stopped? (3) Can "tho men claim double pay for work done on that day?"Answers: (1) Yes, if the work is being carried on without the authority in writing of the inspector of mines,-and is not rendered jiecessarv by reason of breakage or othnr special cmerjrenev involving 1 danger to life :..::_:•- to ~. : >■ '. (2 The inspector .' mine- 3) No—on- ai.d a-half times -he ordinary pay. bu-.sawi.Eiv writes: —" A yhicza with B /.«

mercantile firm) a horse for sale, B sells the horse to C. It then transpires that D holds a registered lien over the horse, ■and claims either the return of the horse or tho 'amount for which it was sold. (1) Who is responsible to I)—B or C—and v2) is C responsible to B?"—Answers: (1) A is responsible to D in the first place for selling the horse without D's consent. C's position is that he acquires no title to the horse as against D. In other words, C will have to return the horse to D. but may claim, his money back from A. (2) No Inquirer writes:—"lf a. wife makes a will bequeathing all her property to her husband, (1) can she appoint her husband to be the executor and administrator? (2) Can she make a will bequeathing her property to her husband containing conditions that, if her husband predeceases her, the property will be appropriated for the purposes she now wishes it should be—that is, that it shall be divided among those persons and for those purposes to whom and for which she wishes it to be given?" Answers: (1) and (2) Yes. Very Anxious One writes:—"A single woman who is earning her living by domestic service got into debt about two years ajro when she was unable to go to work. She cannot since see her way clear to pay these debts (about £25 altogether). She lias no property except her clothes and a sewing machine. The machine cost £l4 10s, and is now worth about £ll. If her creditors by suing her got judgment. (1) could they take the machine? (2) What wages must she earn to Ive compelled to Day the debts? (3) If she married would her husband be liable?"—Answers: (1) Yes. (2) More than will provide for her reasonable maintenance. (3) No. L. I. P. writes;—" The occupier under lea sp-in-perpetuity to purchase tho feo simple of hia holding fr, allowed 12. months in which to complete the purchase. Should he fail to do so. he Is debarred from again applying for 10 yoa.rs. In the meantime ho sells his interest. (1) Is tho purchaser also barred? A read-line through a tcase-in-per)>etulry is objected to by the county engineer, and a deviation is made. The original survey was through practically waste land. The now survey goes through some of tho best of the finproved land, and necessitates removal a.nd re-erection of fencing. (2) Is compensation payable? If so. (81 on what basis should it be calculated?"—Answers! (1) and (2) Yes. (3) On the value of the land taken, loss sustained through its beingtaken, loss through severance, and the cost of tho removal and re-orectiou of the fencing. Artist asks:—" (1) What is the law of copyright in regard to works of art? (2) Am I at liberty to copy oher artists' works to sell again for profit? (3) Does if. make any difference whether or not I use their title on my copies? (4) Is my conception of another artist's work my own, or (5) must I acknowledge it to be a. stolen idea?"—Answers: (1) The author (being a resident of New Zealand) of every original painting, drawing, engraving, useful or ornamental design, sculpture, and 1 photograph, or the negative of any photograph, mado either in New Zealand or elsewhere, and his assigns, have the exclusive right to soil, copy, engrave, reproduce and multiply such work of art by any menus and of any size, for the term of tho natural life of such author, and seven years ater his death. (2) You can only copy a work of art in respect of which the copyright lias ceased to exist, and in this relation you must make sure that no copyright exists by virtue of international law. (3) No. (-1) Yes. (5) No. Justi.ce. —Under consideration.