LAW QUERIES.

Otago Witness, Issue 3030, 10 April 1912, Page 51

LAW QUERIES.

[Answered by a Solicitor of the Supreme Court et New Zealand. Letters and Telegrams must be addressed to " LEX," c/o Editor, OtajfO Witness, Ducadm.] Assistant Agent.—Ou the statement of facts as set out in your letter A has no claim for breach of contra-ct against either party. Manager.—As public holidays uere not taken into account in the agreement, A must work 42 hours each week before he can claim the £3 10s. Queer Fellow writes:—"A farmer from 'Sleepy Hollow' wishes to know, as his ground is all Government pegs, if lie broke his binders and mower, etc., could ho claim damages?"—Answer: Xo Subscriber asks:—"ls a widow receiving a Government superannuation allowance entitled to the widows' and orphans' pension?"—Answer: Yes, but the pension is subject to a deduction of one pound for every pound by which the annual income of the widow and her children exceeds £3O. Querist writes: "A and B own a property between them, the said property being registered in both names. A wishes to sell the property for what it will fetch at auction. B is not prepared to sell under a certain price. Can A force the sale of the property at a lower price than B is prepared to accept?"—Answer: No. Lease writes:—"A leases a property to B for seven years. At the end of three years A sells the property to C. (1) Must C allow B to remain on the premises for the remaining four years of the lease A gave him in this case, or (2) does B's lease terminate when C buys from A?"—Answers: (1) Yes. (2) No. Discoverer writes:—"lf a person finds an article of value—say, a watch—on a public read, (1) what is he expected to do with the article found. If he cannot find an owner (2) is he entitled to keep it?'.'— Answers: (1) Return it to the owner. To protect himself from a charge of theft, the finder should advertise for the owner without delay. (2) Yes, until the owner turns up. Twelve Years' Subscriber writes :—" I employed a painter, through another party, to paint my country house, six miles froin town. Instead of doing it himself, ho sent a man (charging for him 12s a day) and a boy 15 months apprenticed (charging for him 8s a day). Can he lesallv charge that amount? Wo found the"men (three meals a day and lunches)."—Answer: Xo. The charge for the apprentice may be resisted as being excessive. Anxious writes:—"l went to a dentist and had my top teeth drawn. I paid £1 Is cash. The balance was to be paid when I got my false set. "When drawing my eyetooth the dentist left a hole in my cheekbone. It worked up to my forehead. I had to undergo an operation, and have been under the doctor's care ever since. On the 30th of this month two vears will have elapsed since I had the teeth drawn. (1) Can I xecover damages for neglect on the part of the dentist"? (2) What is the best way to go about, it?"—Answers: (1) ies, if you have evidence to prove your statement. (2) Employ a solicitor. Subscriber.—Your statement now is: "B sells the house to C and pays over the amount to A. A has no available assets, therefore D claims the amount of his lien ("bill of sale" is the proper term) from B. B pays over the amount to D, and then • claims that amount from C. Is B justified in doing so?"—Answer: Xo; and let us point out that your statement that A has no available assets (after B's payment of the money to him) is ridiculous. P. L. P. asks:—"(]) I s a parent responsible for his son's medical expenses if the son tak?s ill when away from home? If a youth 20 years of age lends a boy 16 years of age money, and signs a statement. (2) can the youth of 20 recover tlio money lent? (3) Are the Territorials compelled to go to ramp? (1) Can an employer ' sack ' a Territorial if the latter has to Wve the employment (o go to camp? If the employer ' sacks ' the Territorial, (5) is he (the employer) liable?"—Answers:' (1) Not unless the parent makes himself (or herself) answerable for the expenses (2) Xo. (3) Yes. (4) No. (5) Y r cs-to a £lO fine. Interested asks:—"(l) When taking out a lien on any mining property, have you to mention everything connected with (he mine separately? A number of workmen took out a lien for wages on a mining property. (2) Can a shareholder take out a lien for debt or for wages before the workmen are paid in full?"—Answers: (1) In the application to register the lien you describe the name, situation, registered number of each mining privilege, the name of the holder, and of the equitable owner (if any). (2) The lien of a wages man has priority over that of a. contractor. Lienees of the same class rank equally and alike in respect of such portion of the amounts to which the liens relate as was earned during one and the same period of time. J. A.—(l) The agent to whom the mortgage has been transferred can only claim the property in pursuance of the powers conferred upon him by the mortgage. If vou consult the mortgage itself you will find in it. what tho=o powers are. (2) It is not legal for the agent to charge 8 per cent. interest in lieu of the 5 per cent fixedl by the mortgage. (H) If you eive the property into the hands of another agent for sale, you must notify the first agent in writing that vou revoke his authority to sell. (4) If the rent 3 retained exceed the 5 per cent, interest payable under the mortgage, sue the agent for the surplus. Justice.—From your statement it appears that the widow has the estate for life. On her death the sons and daughters became entitled to the estate as joint tenants unless the deceased father's will contains a provision to the contrary. It seems to us (although we cannot make a definite pronouncement without seeing a copy of the will) that the. widow is acting unlawfully in unduly favouring the sons at the expense of the daughters. The best course for the four daughters to pursue is to club together and employ a solicitor to look into the provisions of the will and take steps to safeguard their interests. T.—Your neighbour may i?.sue a summons against you. Reader. —Xext week.