LAW QUERIES.

Otago Witness, Issue 3331, 16 January 1918, Page 35

LAW QUERIES.

[Answered by a tolicUoT of the Enpreta* Oeazt if K«w Ecaiund. Lcttoro and TeWgranis most be tddreiaed to "LEX," o/o Editor, Ofcsgo Witness, fliiiniHn ]

Subscribers asks: —"(l) Is a man compelled by law to report" himself to the police every week if he is a German by birth and has lived in New Zealand 43 years? (2) What are the costs of preparation of a mortgage on land for the sum of ifilOOO?" Answers': (1) Not unless the police have ordered him. so to report himself. (2) The costs of preparing the mortgage, if the land weie under the Land Transfer Act, would be £5 ss, end the Government expenses, approximately £3 13s. Blanche asks:—."(l) Can a husband on active service transfer or leave his life insurance policy to anyono other than his wife? (2) If so, in the event of his death, can wife claim insurance money without holding the policy, or would it be paid to th'i person who held the policy?'' Answers: (i) Yes. (2) If the policy moneys were legally transferred to anyone, the transferee would bo entitled to the policy moneys. If the policy moneys were not legally transferred the executor or administrator of the deceased would be entitled to demand payment" of the insurance moneys from the insurance company. EYfty Years' Subscriber asks :—"(1) In the ©vent of business proving unremunerative through the new war regulations, could an hotelkeepetr close his premises without the consent of the Licensing Committee and his mortgagee during the period of the war six months afterwards, and if ho did would his license be endangered ? (2) Would it be necessary to leave a caretaker on the premises?" Answers:. (1) The hotelkeeper may, with the consent of the mortgagee and the Licensing Committee, upon proving that the business cannot be profitably carried on, close his premises during the war and for six months thereafter, but he must apply each year for the renewal of his license. If he closed without obtaining the above consents his license would be endangered. (2) A caretaker cannot take the place of the licensee. Constant Reader asks:—"(l) I am the holder of a residence site, which is bounded on three sides by land held under a pastolar license. Can I compel the holder of the pastoral license to contribute half the cost of fencing between ,our respective holdings? (2) Can I compel my neighbour to clean out a natural water course which has become blocked on his land, and in consequence overflows on to my land in time of flood?" Answers: (1) Yes, if the proper proceedings are taken under the Fencing Act. (2) Yes, if the proper proceedings are taken under the Land Drainage Act. Widowed Motheb asks:—"My daughter who was over the age of 21 years, dieci without leaving a will. She had a small sum of money to her credit in the Post Office Savings Bank. By whom oan the monoy be uplifted?" Answer: If tho amount is over £IOO you will require to instruct your solicitors to take out letters of administration of the estate of your late daughter. If the amount' is under £IOO and there is no other' property in the estate, you should interview the Post Office authorities and comply with their requirements. Inquirer asks (1) if a person can claim from a deceased person's estate months » after all claims and deb+s were advertised for and settled? (2) Is the Public Trustee justified in taking a case to court without the consent of the other executors? Answers : (1) The facts stated in your letter are too meagro to enable a satisfactory answer to be given to you. A pcrsona'l interview with a solicitor would bo more satisfactory to you. A successful claim in such circumstances is quite possible. (2) If the Public Trustee acts in defiance of the other executors in the estate, and thus causes unnecessary expense to the estate he will be required by the court to make good such loss to the estate. Dipton.—The motion that was passed at tho public meeting of subscribers to the fund must stand until rescinded at a subsequent public meeting of subscribers. A majority of all the subscribers to the fund would

require to agree to any alteration in the mode of carrying out the objects of the collection.

Farmer, Settler, "A."—Arrived too late for a reply this week. Will appear in next issue.