LAW QUERIES.

Otago Witness, Issue 3098, 30 July 1913, Page 47

LAW QUERIES.

[Answered by a Solicitor of the Supreme Court of New Zealand. Cotters and Telegrams must be addressed to “ LEX,” c/o Editor, Otago Witness, Dunedin.] Broom. —For the purpose of “The Noxious Weeds Act, 1908,” the boundary of your Inud is deemed to extend to the centre of tho road, and you are bound to clear from noxious woods so much of the road an is within such extended boundary. A Subscriber writes: —‘A farmer at the expiry of his lease left an old buggy on tho place. Has the owner of the properly a right to refuse to deliver the buggy to the farmer?” Answer: No. Sport writes: —“A person pleads guilty to a charge of theft in tiro lower court and is awaiting sentence by the Supreme Court. Is ho entitled to bail?” Answer: lie is entitled to bail at tho discretion of the court if the punishment for the crime is three years or upwards on a first conviction. If the punishment is !■ -s than three years he is bailable as of right. You do not state of what the theft consisted. C. and U., Dunedin. —(Ij The facts alleged apparently constitute a breach of your agreement. (2) The amount of damages is a matter that you must fix. Possibly, if you refused to pay the next instalment of purchase money it might have the, effect of bringing the vendor to terms. (3) Whether this constituted a breach of your agreement would depend on (he exact terms of your agreement. You should consult your solicitor with reference to the whole matters at issue between the vendor and yourself. Constant "Reader writes: — “A sells to B an unbroken horse for £2O. B takes delivery. and in the breaking-in of tho horse ir meets with an accident and has to be destroyed. B's father writes saying that he will not bo responsible for tho debt, as H is under ago. What remedy has A?” Answer: A has no remedy. B is under age, and cannot he compelled to pay tho debt. ANXIOUS asks:—‘‘A hired a horse and trap from D for the day. and a spring of rhe trap was broken. Can D compel A to

pay for it?” Answer: If the breakage was caused by the negligence of A, tic must pay for the damage done. D. D. 13. —The matter would depend entirely on the terms of the arbitration award under which you .are working. If the award provides for double pay on the holiday referred to, you are, of course, entitled to double pay. H. —Your appropriate remedy is to take the horse and cart to the nearest accessible pound. You must specify in writing to the poundkeeper (1) the description and brand of the horse, (2) the place where the horse was trespassing, (3; amount of damage claimed for the trespass, (4) the name of the owner (if known). Inquirer.--Q) The right of renewal passevs to each holder. (2) The Land Beard is bound to offer to the existing lessee a new lease of the lands included in the lease at a rent to be ascertained by valuation. (3) Except on the recommendation of the board and with the approval of the Minister no person shall be a. lessee (a) of more than one grazing run, (b) of a pastoral run and a grazing run. (4) Yes, if the grazing run lease has been determined at that time. Wide Awake. —You should serve the council with a notice of attachment under the Wages Protection and Contractors’ Lion Act. You should consult your solicitor in regard to taking the necessary proceedings under the above Act. Old Mixer. —The charge made against you dots not appear to bo excessive under the circumstances. Application had to be made to the Supreme Court for probate and stamp duty accounts had to be filed. The Government fee on the probate comes to £3. Ratepayer writes: “ I own three sections of land. Sections 1,2, and 3 adjoin a closed road, and section 1 has a frontage to a county road. (1) Gan I compel the county to give me a road into sections 1 and 2? (2) Can the county compel me to pay rates on sections 2 and 3, as there is no road into thorn?”——Answers: (1) No. (2) Yes. Drainage.-—lt is impossible to advise you without knowing the exact position as to drainage in your district. Are you working tinder a special drainage Act? If so, in order to ascertain the position the Act must bo perused. Under the Land Drainage Act the local authority has wide powers in regard to compelling landowners to cleanse the drains. Under this Act there is a penalty imposed upon landowners or occupiers who fail to comply with an order to cleanse drains or watercourses. Anxious Shareholder.—There is no fixed charge for the preparation of the documents mentioned. Without an exact knowledge of the particular circumstances it is impossible to say what the charge should be. Pine Trees.—'ffnder the circumstances, A cannot compel B to cut down the trees. Ratepayer.—(l) Yes. (2) The motion cannot bo altered without proper notice. (5) The provisions of section 80 of “ The Municipal Corporations Act, 1908,” must be complied with before a general rate can bo levied. Inquirer asks: “Is it legal to employ a man (other than a painter) to paint my house without giving him a painter’s wages.” Answer i Yes, if you are not a party to the award. Traveller.—The answer to your question depends entirely upon the title to the land. It is impossible to answer your question without knowing the state and position of the title to the land. M. L. —The owner can claim the £1 a week for the time you have occupied the house. Subscriber.—(l) If the fence has been rendered defective by B ho is liable to repair the fence so damaged. (2) and (3) If B neglects for 14 days to continue to convert such fence, A’s remedy is to complete the fence and recover from B his portion of the cost. (4) The person erecting the fence is entitled to clear standing hush for a width not exceeding 66ft on each side along the entire length of the fence. (5) Yes. (5) A can do it himself. (7) No. Fence.—(l) You arc not bound to contribute towards the cost of fencing unless you are previously served with a notice to fence. If served with a notice to fence you must servo your neighbour with a cross-notice or an objection within 21 days of service upon you. The matter must then be decided by the magistrate. (2) What is a sufficient fence is a question of fact, and must, in ease of dispute, be decided by the magistrate True Spout.—(l) and (2). If the man was infringing the regulations of the Harbour Board, you would have a possible claim for damages, otherwise you have no claim. Constant Reader asks: “Gan a person under 21 years of age go into a billiard room on heensed promises?” Answer; Yes. during licensed hours. J. T., Kelso.—Under the circumstances, the 'father is entitled to tho money. The charges would depend on the nature of the estate and the work entailed in winding it up. B. B. —Your chib has no definite constitution and rules. There can, therefore, be no legal rights in regard to your position. The relation of tho members of the club to each other cannot bo defined. You should have a proper constitution drawn up to regulate the affairs of the club. Until that is done, it is no use attempting to discuss the legal rights of members of the club. Insurance. —(1) The matter Is not entirely free from doubt. But it is submitted that, the shearers would como under tho Act, hut not the other persons you mention. (2) Tho proof would bo upon the person claiming in respect of tho accident.