LAW QUERIES.

Otago Witness, Issue 3334, 6 February 1918, Page 35

LAW QUERIES.

[Authored by a (solicitor 0/ the Supreme Court l( New Eooland. Letters and Telegram* moat bo iddreaaad to "LEX," c/o Editor, Otago Witness, Mortgage asks:—"l have paid l off a mortgage ■ on my property, the title to which . is held under the provisions of the Land Transfer Act. (1) Will I require to employ a solicitor to prepare the discharge of the mortgage. . (2) Will the certificate of title be handed over to me after payment, of the 'mortgage moneys?" Answers: (1) The mortgagee's solicitor will require to prepare the discharge of the mortgage. (2) Yes. Really Temperate.—(l) In any hotel _ or chartered club where a substantial evening meal is regularly served in a room set apart end used as a dining room liquor may bc-sold and served in such dining room between the hours of 6 o'clock and 8 o'clock in the evening to persons actually partaking there of such evening meal, and may be consumed by such persons as part of such meal, but i not otherwise. (2) A n v person (except the occupier or any member of his family dwelling on the premises, or any of his servants) who at any time while licensed premises are required to be closed drinks liquor in any restaurant, commits an offence. New Chum. —The articles of association and regulations of the company will contain the information desired by you. Without inspection of these documents it is impossible to advise you on the questions submitted in your letter.Old Subscriber, asks: —"A buys a freehold property of 200 acres from B in May { 1917. In December, same year, B sends him an account for 11 months' land tax. Is A bound to pay it?" Answer: No. B is bound to pay his own land tax, and cannot shift the burden on to A. Old Subscriber No. 2.—With respect to the 1.i.p., it is only the lessee's interest in the land that is taxable. Where the total unimproved value of land of the taxpayer exceeds £3OOO, there may be deducted in / respect of a mortgage on the property the sum of £I6OO, diminished at the rats of £1 for every £2 of that excess, so as to leave no deduction when that value amounts to or exceeds £6OOO. If the mortgage is les3 than £ISOO, only the actual amount of the mortgage can be deducted. Farm Hand.—Your proper method of ascertaining the wages is to multiply the amount of the weekly wages by 52 and then divide by 12. Inquirer.—(l) The Noxious Weeds Act throws the onus of complying with the provisions of the Act upon the occupier of the land. (2) Under the circumstances quoted in your letter you can. refuse to pay interest to the firm in question, and successfully reflist an action in respect thereof. Anxious asks: —"(1! A mar. and a woman, are married, and the wife dies, leaving her husband and child surviving. Is the husband or the cluld entitled to pronerty of the deceased left her under her father's will? (2) I am entitled to a share under a will. If I am paid off my share, am I entitled to any say in the administration of the estate?" Answers: (1) The husband is entif.ed to one-third of the estate, and the child to two-thirds of the estate if the deceased has left no will. (2) If you have been paid the full amount of

your share of the estate, and you axe not executor, administrator, or trustee in th© estate, you are not entitled to any further say in the management of th© "estate. G-. T. P.—" The Rating Act, 1908," provides that: "Where, any rates remain after six montha from the date on which the sarnie first became recoverable from some - peieon, such 11 rates shall, together with, an additional charge of 10 per centum of the amount thereof, be recoverable from any person liable to pay the same." The time when yon paid rates last year has no bearing whatever on the question as to your liability to pay a, penalty on overdue rates this year.