LAW QUERIES.

Otago Witness, Issue 3335, 13 February 1918, Page 35

LAW QUERIES.

f Answered bj a eoliottor of tha Supraaa* OMul )t Hew Zealand. Letter* and Telegram* moat to l44rwa*4 to "LBX," e/e Editor, OtafO Wttuaea, Doaeoan.] Really Temperate .asks: —"(l) Is it intended by the new law to prevent ordinary householders who either rent or own their houses from entertaining their friends with liquor in their houses at any time? (2) Does the new law seek to prevent persons who rent apartments from entertaining their friends with liquor in their own rented rooms at any time?" Anawers: (1) and (2) No; the restriction applies only to licensed premises and restaurants (as defined by the Act). Constant Header asks:—"ls a wedding ceremony held upon, e verandah of a housa legal?" Answer: Yes. * Constant Beader Kb. 2 asks:—"l have made my will and appointed an executor of the will. (1) Can the executor obtain payment of moneys in the past office at my death? (2) Will it be necessary to make arrangements with the post office officials now?" Answers: (1) Yes. (2) No. Inquirer asks: —"(1) Can a man' be held liable, for a debt contracted by hia wife before her carriage? (2) Can th© wife be held liable for such debt after her marriage? (8) Are her parent* liable for the debt of the daughter in such a case, where she is over the age of 21 years?" Answers: (1) Only to the extent of any

property lie has acquired through his marriage with his wife. (2) She is liable to

the extent of her separate property. (8) No. J. C. aslcs;—"l paid an account of over £2 to a etorokeeper and Baked for a receipt. The storekeeper refused to give me a receipt. Can ho he compelled by law to give me a receipt?" Answerj Yea. If the storekeeper persists ill his refusal to give yoU a receipt, report the matter to the police. Subscriber asks:—"(l) What commission can trustees under a will claim for their paina and trouble? (2) Is it necessary that all the beneficiaries under the will should agree aa to the amount of commission to be pai<i to the trustees?" Answers: (1) The amount prescribed in the will. If the will makes no provision for remuneration to the trustees, the court may allow such percentage not exceeding 5 per cent, aa is just and reasonable. (2) No. Inquirer N|o. 2. —(1) The Public Trustee may charge for the-work done. (2) There is no scale of charges fixed by law in regard to the matter mentioned in your letter. Pirate.—You should communicate with the Registrar of Copyrights, Wellington, on ' the matter, and give full particulars to him of the nature of the work which you wish to have copyrighted. -•■- Constant Reader of the Otago Witness for Years.—(l) The husband would require to apply to the Magistrate's Court for a maintenance order, and it would bo for the magistrate to decide the matter. (2) While a separation order is in force the husband is liable to punishment at law if he molests his wife. (3) The circumstances narrated in your letter are not sufficient grounds for a divorce. A Forty-three Years' Reader.—The tenant is under legal obligation to vacate the premises on the expiry date mentioned in your agreement of lease. If he retains possession of the premises after that date, you will require to take the necessary proceedings in the Magistrate's Court to havo the tenant ejected. Returned Soldier.—(l) The maximum price payable under the Fencing Act in respect of the half oast of erecting a fence must not exceed, in the case of/ a new rabbitproof fence (outside a borough), 20s. a chain, exclusive of half the reasonable and proper cost of felling and clearing bush along the line of such fence. (2) The Crown tenant, instead of paying his proportion of erecting a fence, may pay to the person who erected the fence, or to his successor in title. interest on such proportionate share at the rate of 10 per centum per annum, during such Crown tenant's term; of occupation. Ignoramus.—(l) Before the . landlord can recover possession of the premises she will require to prove to the satisfaction of a magistrate that—(a) She requires the pre- . mises for the occupation of herself or someone in her employ, or (b) an agreement for the , sale of the premises has been entered into, to be completed within one month from the date thereof, and that the premises are required by the purchaser for the occupation of herself or some person in her employ. (2) Tho landlord will require to commence an action in the Magistrate's Court, and you should defend the action under the circumstances. Curious.—The Licensing Act provides that—■ "Every person found on licensed premises at any time when such premises are required by the Act to be closed is liable to a fine not exceeding £2 unless he satisfies the court that he was an inmate, servant, or lodger on such premises, or a bona fide traveller, or that otherwise his presence on such premises was not in breach of the Act with respect to the closing of licensed premises." In view of the above, you would be wise to meet else-. where than on licensed premises, as magistrates as a rule are peculiarly hard to satisfy in this connection. * An Englishman.-—lf yon are certain of the facts your clear duty is to inform the local police or defence authorities as to the matter, and let them take the necessary action. A Good Boy.—lf the mistake has caused the man to be put in the Second Division instead of the First Division, the consequences would be serious. The better course is for the man to write the -Government Statistician advising him ofy the error - in the enrolment form. Nameless.—Too late to reply in this issue. Answer will appear next week. \