LAW QUERIES.

Otago Witness, Issue 3097, 23 July 1913, Page 47

LAW QUERIES.

fAnsweml by a Solicitor of tlio Supreme Court of New Zealand, betters and Telegrams must be addressed to “ i.KX,” c/a Editor, Otago Witnesß, Dunedin.] Old Donedinite a*ks: — “(l) What is the effect of the words ‘not negotiable’ written across the face of a cheque without the two transverse lines? (2) Would a bank refuse to pay cash across the counter for such u cheque? (3) If a bank cashed a cheque so marked, would it bo liable if payment was made to a person other than the payee mentioned in the instrument ? (4) Are the words ‘not negotiable’ tantamount to a crossing?”—-—Answers; (1) In such case tho words “not negotiable" would not constitute a crossing. (2) The usual practice for tho banks is not to pay cash for such a cheque, but to refer it back to tho drawer. (3) Tho banker, paying such a cheque in good faith and without negligence, would not incur any liability. (4) No. Inquire!’, writes:—“While driving on the public road my horse put its foot through a rotten plank in a bridge. Can I claim damages for injuries in such a case?” Answer: If you_ can prove (1) that accidents had previously happened through this defect in the bridge and such accidents had become known to tho county council; or (2) that tho county council knew that the bridge was out of repair, you have ft claim for damages. Otherwise you have no claim against tho county council. J. M‘Cr. asks;—“ls a typewritten will legal?” Answer : Yes. Certain judges, however, prefer that wills should not be t.\ pewrilten. Ratepayer asks:—“lf borough councillors pay moneys illegally, what remedy has tin- ratepayer?” Answer: If the Audit Office finds that mo news have boon expended by any council without the sanction of law, unless such council has acted bona fide and under legal advice, it is the duty of the Audit Office to charge the amount jointly and severally upon tinmembers of the council who were present at the mooting at which the expenditure was sanctioned, and did not object thereto, and to take all proceedings to recover the amount. Ocean. —Xo. You could not legally prevent tli" boy from doing as he pleased. B. B. —The answers to your questions depend upon the rules and regulations of

your club. It is therefore impossible to advise you in tho matter without inspecting your rules and regulations. J. F. M. asks: —“(1) Is it legal for a solicitor to deduct h:s bill of costs out of money placed in his hands for settlement without rendering a statement? (2) What redress have I for recovering any overcharge? (3) Where one solicitor acts for botii parties connected with a transfer, can ho charge full scale foes?” Answers; (1) The solicitor is entitled to deduct his costs, but you are entitled to a statement showing how the costs arc made up. (2) If you -are certain that you have been overcharged, you should consult a solicitor in order to have the bill of costs taxed. (3) Yes. Rent. —lf your agreement provides for payment every week, you can, of course, stick to the letter of your agreement. What is your objection to payment every four weeks instead of every week? Curious. —Tho liability for survey is a matter to bo decided in each particular case in accordance with the provisions of tho agreement for sale. B would require to pay the cf»-ts of conveyance unless A had specially undertaken this liability. Fog.—You arc liable- for tho current year’s subscriptions if you signed an agreement on a form in which, in red capital letters, not less than great primer, the following words and figures are printed;—“The total liability of the purchaser under this agreement is ” and a duplicate of such agreement was handed to you at tho time of signing such agreement. Otherwise you arc not liable. Wideawake. Enquirer, Broom, and IT.— Too late for this issue. Will appear later.