LAW QUERIES.

Otago Witness, Issue 3115, 26 November 1913, Page 47

LAW QUERIES.

rAmwered by a Solicitor of the Supreme Court of New Zealand. Letters and Telegrams must b« addressed to “ LEX," c/o Editor, Otago Witnoas, Dunedin.}

Land Board Tenant. —(1) It is impossible to say what would be the ccsts of the lease without inspecting the document itself. (2) A will require to pay the costs of the consent of the Land Board. _ B should pay the costs of the lease to himself. Settler asks;—“(l) Is it lawful to impound off nufeuced ground? (2) To charge travelling expenses? (3) To charge grazing?” ——Answers: (1) If the land is within Otago and no proclamation has been made under section 7 of “The Impounding Act, 1903,” the following provisions of that Act apply; “No occupier of any unfenccd land trespassed on by cattle'may impound the same, but 'no shall be entitled to claim in any competent court full satisfaction for any actual damage sustained by him in consequence of such trespass.” Farmer, —Your remedies would depend upon the nature and form of the agreement for sale. (1) If A has covenanted or agreed to pay the purchase-money by instalments, B can sue for the amount due. (2i Immediately if no time has been fixed by the agreement. (3> If the agreement is properly drawn up, B could recover the full amount from A or resell the property. Aberdonian wants to know: —“Supposing A is at one side of the road, and B at the oilier, and A’s sheep trespassed on B‘s property, can B claim damages?” Answer: Yes. B. B. writes: —“I have a wire-netting fence, along a roadline. My neighbour has placed a gate across the road, and fastened it on to my fence. In this way ho makes use of my fence as one side of his paddock. No notice has been given on either side. (1) Can I claim interest on tho cost of the fence? (2) What is the rate of interest ?”——Answers: (1) and (2) So long as your neighbour continues to avail himself of the uso o? your fence he is liable to pay to you interest on half (lie value of such fence at the rate of ITO per cent, per annum, and also to bear half the cost of repairs. Verdant: —“lf a man had 100 sheep to sell, and instructed a stock agent to find him a buyer, and the buyer look delivery and afterwards went bankrupt, who is the loser—the agent or tho vendor?” Answer: The vendor. Subscriber asks;— “My property (freehold) runs alongside the railway, and my neighbour has property on the other side of the lino. My land is securely fenced, but my neighbour’s land is not properly fenced. If his sheep trespass on my land, and 1 cannot keep them off. am I ut liberty to send them to the public pound and charge him with all expenses?” Answer: You may impound the cattle and may claim on account of tho trespass the trespass rates provided in the second schedule to “The Impounding Act, 1903.” A Southlandec.— (l) Your neighbour was at liberty to shoot your dog it it was seen attacking his sheep or cattle or running at large amongst such sheep or cattle. (2) Ves, under the above circumstances. (3) You will require to fix your half of the fence. (-1) bo; you are on your own showing responsible for the defect in the fence. Interested asks:—“A property-owner lias had his property damaged by wandering stock, (1) Can ho claim driving fees for taking the stock to the public pound, besides claiming damages? (2) If the property is unfcnced, can he claim driving fees if tho stock were trespassing?” Answers: (1) If the land is within Otago and is fenced, driving fees may bo claimed. (2) If the land is within Otago and is unfenced, no driving fees are payable. Anxious No. I.—Brown could withdraw the land from sale on the Ist November under tho circumstances narrated by you. Anxious No. 2.—For the purposes of assessing duty on the assignment, tho shares would be valued as at tho date of (ho assignment. If tiio assignment has been properly made, the sisters end brother have no claim to the property comprised in tho assignment. Traveller: —(1) If the servant is worth suing you could proceed against him in a court of law. (2) The answer to this question depends entirely on the nature oi