LAW QUERIES.

Otago Witness, Issue 3100, 13 August 1913, Page 47

LAW QUERIES.

rAnswers! by a Solicitor of the Supremo Court of Jfew Zealand. Letters and Telegrams must b« addressed to “ LEX/’ c/o Editor, Otogo 'Witness, Dunedin.]

Coxrtakt Reader aeke:—“(l) If a father left a will in which no provision was made for one member of a family, has this member a claim upon the eetato? (2)

Has such member power to contest the will? (3) If such member cf the family

had boon well started in life by the father

would this invalidate any claim?” Answers: (1) and (2) Under “The Family Protection Act, 1908,” the court may at its discretion, on application by the child of a testator, order that such provision as the court thinks fit shall be made out of the estate of the testator for the benefit of a child who has not been adequately provided for under the will. (3) this fact would operate materially against the applicant's chances of success. Constant Reader No. 2 asks : —“lf a person wants a copy of a will, where should he apply for it? The will was registered in Dunedin.” Answer: Upon payment of the prescribed fee the Registrar of the Supremo Court, Dunedin, will supply you with a copy of the will. You will require to furnish the registrar with the name of the deceased person and the date of his

death. Doubtful. -Answers; (1) No. (2) Yes. (5)

No. Scotch Alixtlt.e. —The ans were to your questions depend upon the by-laws and regulations of the particular domain you refer to. Without perusing those regulations it is impossible to advise you in the

matter. AI. B.—There is nothing to prevent you selling the property. As a general rule there should be" no difficulty in getting the land tax value for properties situate in Dunedin. In your particular case you iiad better put the property into the hands of a reputable auctioneer or agent for sale. Omega.—-A warrant should be issued immediately for 5 the man’s arrest if he is about to leave the Dominion. You should without delay consult the Salvation Armyauthorities or the Society for the Protection of Women and Children. Hard-up. —Write the officer in charge Now Zealand State-guaranteed Advances, Government Buildings, Invercargill. Explain your position and what you require. Ratepayer asks: —“(1) Is it legal for the county council to expend rates wherever they choose? (2) Can a ratepayer claim that the rates paid by him should be used for the upkeep of the road leading to his property ? (3) Can the oounoil turn water, which has collected upon the road, on to a, ratepayer’s land?” Answers: (1) Separate accounts are to be kept for each riding in the county, and to such account shall ho placed the amount of the countv income apportioned to that riding, which amount shall be expended in works in that riding. (2) No. (3) No. Inquirer. —(l) A ratepayer can object to the valuation of his property if ho docs so within the time mentioned in his valuation notice. (2) The system of rating on the unimproved value applies to special rates. (3) You may, in conjunction with other ratepayers, petition the local authority to have your lands severed frum the lands under the jurisdiction of the Town

Board. Driver. —In this case it is pretty clear that

the man has a cause of action against your employer and yourself. It. is a matter, however, for the judge to say whether you have boon guilty of negligence or* not in the particular circumstances.

Subscriber.—-The matter is not entirely free from doubt. But It is submitted that the council would not be liable for damages in the particular circumstances. 11. N.—Before advising in this case it is necessary to know if the company has an attorney in Now Zealand? Can the attorney be sued in the name of the company ? Loser. —“The Public Works Act, 1908.” protides that no road along the bank of a river shall he stopped. Xemo. —There is no liability upon B to contribute towaids the cost of fencing unless a notice to fence has been served upon him. B must serve on A an objection to the notice to fence within 21 days after receipt of same. The matter iu dispute has then to be decided by the magistrate.