LAW QUERIES.

Otago Witness, Issue 3333, 30 January 1918, Page 35

LAW QUERIES.

TAnswered by a solicitor of the Bnpreme Owart If "Saw ZosJknd. Letters and Telegram* moat be iddnased to "LEX," o/o Editor, Ofcoge VTUms*, Duetto.] Constant Reader 'asks: "I have two properties. I gave a mortgage for a term of years over property No. 2 to enable me to purchase property No. 1. Meantime, I have sold property No. 1, and the time will .soon be up to repay mortgage on property No. 2. Can I pay the mortgage moneys on the due date and have thoi property released?" Answer: Yes. Old Subscriber asks: "I have leased a piece of river bed from year to year. Can the lease be terminated within the year if anyone else wants it, or must it run until the year is up?" Answer: The lease can only be determined within >• the year by the-consent of both lessor and lessee. S. R. asks: "A received! an order cheque from B in payment for value received and passes same on to C (to-'"whom he owes" money), without the necessary endorsement. Is it lawful for C. to endorse the cheque with A's name?" Answer: No. Inquirer asks: (1). "A property held under the provisions of the Land Transfer Act is sold for £625, and a mortgage is to bo given back to the vendor for £450. What are the costs of preparing the transfer and mortgage?" "(2) "I purchased a property before the war .and paid part in cash, the balance to remain on mortgage. The mortgage, however, was not taken out, but a caveat was lodged) instead. '" Does the Mortgages Extension Act apply to a case like this ? ——Answers : (1) Solicitor's costs for transfer £3 17s, and Government fees £7 13s, solicitor's costs for mortgage £3 10s, and Government fees £2 2s. - (2) Yes". Soldier—(l) If by reason of the negligence of the company your property was injured, you would ba entitled to claim damages. What constitutes negligence would be a question of fact in each particular case. (2) If your property were damaged in the manner indicated in your letter, you would have a claim for. damages against the company. Rata —The employee is entitled to recover her luggage, but the employer is entitled to sue the employee for her breach of contract. Cockatoo —Provided the fence between you ' and your neighbour is a sufficient fence within the meaning of the Fencing Act, you may sue your neighbour for full satisfaction for any damage sustained by you. R. P.—Where the land or any part thereof on which any fence is to be erected is covered with standing bush, the person erecting such fence shall be entitled to fell and 7 clear the bush for a width not exceeding 66ft on each side along the entire length of such fence, and the cost of such clearing shall be added to the cost of erection and be apportioned accordingly. The schedule of the Fencing Act enumerates the classes of fences. Your neighbour will require to pay half the cost of fencing. If he is a Crown tenant he may pay 10 per cent, per annum on half the cost of fencing. Enquirer—The employee cannot claim wages for the day or days on which he is wrongfully absent from work without leave. Much Troubled— (!) (2) and (3). It would be correct to call it an understanding.