LAW QUERIES.

Otago Witness, Issue 3195, 9 June 1915, Page 51

LAW QUERIES.

fAnjwered by & solioifcar of the Supreme Court o! New Zealand* Letters and Telegrams must bo addressed to "LEX," c/o Editor, Otago Witness, Dimo&iu.] Axxious writes: is advertised in ii's name to be sold at saleyard3. It is not sold, but owner sells it privately afterwards. Can the auctioneers legally claim commission ? (2) A was driving a cart for a, firm, and took the brake off the cart and left it at a place where it could be got at any time. The firm took the price off the employee's cheque for wages. Gould they legally do so?" Answers: (1) No. (2) No. Justice. —An application to a magistrate must be made. The consent of both parents is necessary. You will require to instruct a solicitor to act for you in the matter. Subscriber. —Before your Question can be satisfactorily answered the constitution, rules, .and. stat utory powers of the society in question should be perused. What are the express or implied powers of the executive of the society? If the action of a majority of the members of the society is binding on the society according to- its constitution, then the proposal must "be passed by a majority of the members of -the society. Otherwise the voting should be unanimous, unless the authority, has been delegated to an executive. KURSE. —You should issue a summons against the husband for the amount of vour claim. Inquirer.—(l) and (2) No judgment for the amount of any rates due shall be given or signed after two years from the time when such rates first became due. (3) A demand for the rates must first be given. (4) The permission of the Education Board

or school committee must first be obtained. Interest writes:—“Some merchants have on their billheads, ‘ Accounts owing over three months will be charged interest at 8 per cent.’ (1) Does this mean S per cent. • every three months, or 8 per cent, per annum? (2) Can such merchants recover interest where there has been no agreement with the debtor to that effect? Answers: (1) Eight per cent, per annum. (2) The magistrate at Dunedin will not give judgment for interest under the above circumstances. G. G. P.—You will require to write to the Commissioner of Crown Lauds of the district for the information required by you. Lorraine. —(1) You would require to prove damage before you could succeed in any action. (2) If you refused to leave the premises after being requested to do so by the stationmaster, you may render your self liable to an action, for which the penalty is a fine. A Constant Reader. —(1) C cannot demand a receipt under the circumstances. (2) A should know the terms of the mortgage he has signed. (3) The mortgage can be made for £l5O, although collateral security is taken for £SO of this amount. Bush Settler. —Your neighbour is hound to pay the whole cost of the repairs to the fence under the circumstances stated, by you. Farmer, Old Subscriber, and Careful. — Received too late to reply to this week. Answers will appear in a later issue.