LAW QUERIES.

Otago Witness, Issue 3871, 22 May 1928, Page 48

LAW QUERIES.

(Answtred by a lolicitor »f th* Suprsm* Cmr} •f New Zealand. Letter* and Telegrams must tee addreeeed to "LEX,” o/e Editor, Otago Daaedia.j “ Subscriber."—Next week. “ Alina.” Charlton.—The trustee should call a meeting of the subscribers, and ascertain their wishes In the matter. If a subscriber requires his share to be paid to him he is entitled to obtain payment. H. C. asks: “ (1) What would be the cost of transferring a mortgage of £1000? (2) What ■would be the legal expenses of transferring a farm to the value of £1478?" (1) £lO 10s. (2) £ll Os 6d. ‘‘Dunbar’’ asks: “(1) Is a man who was bankrupt, and has not obtained his discharge. eligible to be on a school committee or hold any public office? (2) Is a son eligible to be on a school committee. together with his father, the son residing with his father, and being a single Iran? ’’ (1) No. f2) No. ‘‘Will’’ asks: “Can a wife claim a third of her husband's estate if she Is not satisfied with the provision made in his will for her support?" No; but she can apply to a Supreme Court under the provisions of the Family Protection Act, and the court may tn its discretion order that such provision as the court thinks fit miy be made out of the estate of the testator for such wife. L. R. C. asks: “A. husband and wife are separated for three years by mutual agreement. and a proper deed signed by both parties exists. (1) Can the husband apply for a divorce under these circumstances? (2) If a divorce Is granted can the wife claim and still obtain an allowance from the husband, and how much?” (1) Yes. (2) Yes; the

amount of maintenance is fixed by the court. “ Subscriber" asks is he liable for having run into a horse which was being ridden in the same direction as he was driving his motor car. The car was carrying lights, and the horseman and car driver were both on the same side of the road ; both on their right side. Bo h horse and car were slightly damaged. No, as the accident was not caused through the negligence of the motor car driver. Central Otago ” asks : “ A owns a quarteracre town section, and tries to grow fruit and vegetables thereon. B owns the adjoining section, unon which are several poplar trees from 50ft to 70ft blah, the nearest of which is 6ft from the dividing fence. A's gardening efforts are cons derhbly affe ted by the roots and innumerable rootlets of the trees. A has several times approached B suggesting the cutting down of the two nearest trees, but B wishes to keep them growing. He has no garden himself. What can A do in the way of having the trees removed?” lf the trees have been planted since the year 1396. without the wr’tten consent of A or his predecessor tn title, A can compel B to cut down the trees. A may cut out any roots of the trees which are in his section.

“ Some successful work has been completed upon processes which will render certain waste products of the meat freezing works available for stock feed," states a report received by the secretary of the New Zealand Farmers' Union from the Department of Scientific Research. “ This will mean a considerable saving to the industry and will produce a highly nitrogenous food the value of which at present is being tested at Otago University and Lincoln College. At the same time a pickling process involving the use of sodium nitrate has been developed, and results in a standardised meat product, shortens the time of the process, and makes available certain liquors which previously had to be discarded for meat extract manufacture.”

Since the inauguration of the Wellington free ambulance on November 9 last 25,093 miles had been travelled by the ambulances up to April 30 and 2152 cases had received attention.

“ Work is still proceeding in connection with the detailed microscopic measurement and examination of wool fibres of typical New Zealand fleeces (reports our special correspondent in Wellington). The amount of work involved in this direction, states a report received by the secretary of the New Zealand Farmers’ Union from the Department of Scientific Research, “is considerable and tedious, and to date only reports of a highly technical nature have been prepared. The problem of wool quality and deterioration is very complex and will involve a great deal of co-ordin-ated painstaking scientific effort. It is suggested, therefore, that this problem should be viewed entirely as an informal one, and that the work.done locally should be in co-ordination with that carried out at Leeds, Edinburgh, and elsewhere, and in order to ensure its pursuit and continuance locally, consideration should be given to securing adequate funds by means of a small levy on wool produce in the Dominion-'*

A rumour was floating about in business circles in Wellington on Friday (reports our special correspondent) that a proposal was on foot for the amalgamation of four of the locally owned insurance companies. It is impossible to say whether there is any truth in the rumour, but it is noticeable that insurance shares have hardened, and have been in very strong demand. If there is any foundation in fact for the rumour, it would not. be surprising, for the trend in the business world to-day is in the direction of amalgamation or merger. There have been in the past numerous amalgamations of insurance companies, and the fashion has- spread to industrial concerns. Such amalgamations are designed to reduce costs and eliminate waste and thus cheapen the costs of goods and services. Mr Justice Sim has granted probate in the estates of the undermentioned deceased persons:—David Smith, formerly of St. Andrews, but latterly of Oamaru, labourer (Mr Main); Joseph Osmond, late of Dunedin, carpenter (Mr P. S. Anderson) ; Robert France Lockhart, late of Milton, fellmongery employee (Mr Rutherford) ; Florence Lucy Lindsay, late of Dunedin, widow (Mr Collier); Andrew Armit Millar, late of Dunedin, retired engineer (Mr Duncan) ; Norah Mickelson, late of Dunedin, widow (Mr W. G. Hay); Archibald Yuill, late of hs orth-East Valley, retired farmer (Mr J. Wilkinson) ; Hannah Forfarshire Fox Borwick, late of Oamaru, widow (Mr H. J. S. Grater); and Henry Anderson, late of Dunedin, tailor (Mr A. G. Neill). Letters of administration were granted in the estates of Margaret Ellen Reid, late of Seacliff, married woman (Mr F. B. Adams); Isabella Gillies, late of Clyde, married woman (Mr Main) ; and Teresa Laura Yule, late of Dunedin, married woman (Mr A. G. Neill). The Rev. J. Lamb Harvey, of St. Andrew’s Presbyterian Church, Auckland, who is leaving for Scotland shortly, said that morally there were some crying evils in New Zealand as there were elsewhere. “ The problem is: How are you going to prevent or cure gambling, intemperance, illegitimacy, and the divorce evil?” he asked. “A powerful public conscience is needed to deal with these things, and for that you want a vitally religious and living Church. My belief is that the Church is going to count for more and more in the life of New Zealand.” Mr Harvey said he would go Home to boom New Zealand as a sportsman’s paradise. Two Japanese warships are expected at Auckland on July 31. The flagship will be the Idyumo and the other warship will be the Y akumo. The vessels will stay at Auckland for four days. They will be under the command of Vice-admiral Kabayashe, and the total complement will be 1357 officers and men. Prince Tokamatsu, a younger brother of the Emperor of Japan, will be on board the as a sub-licutenant.

Mr Griffiths, a member of the Southland branch of the New Zealand Educational Institute, attended the annual meeting of the Otago branch on Friday for the purpose of discussing a proposal that the two branches should unite in holding a summer school at Queenstown during the Christmas holidays. He mentioned that the organisation in Southland was now in its fifth year. He proposed that the Otago branch should set up a small committee to confer with the Southland branch on the matter. A national organisation was holding a summer school at Oamaru, but the Southland people did not want to drop their fixture, and an effort was being made to arrange matters so that the dates would not clash. Mr Abel suggested that in view of the fact that a summer school was being held at Oamaru, and that it would probably attract a considerable number of Otago teachers, the Southland teachers should consider the question of dropping their fixture for one year. This proposal, however, did not meet with general favour, and it was decided to appoint a committee of three members to meet a similar number from the Southland branch. The Otago representatives will be appointed by the committee of management of the institute.

Members of the Harbour Board last week congratulated the chairman (Mr J. M. Dickson, M.P.) on the business-like manner in which he had carried through a number of important matters which have occupied the attention of the board recently. “ There is not another member who could have done it," said one speaker, “ for the reason that you are a member of Parliament and are au fait with the Prime Minister, and for that reason it was possible to bring the matter to successful finality.”

Interest in petroleum operatiaons has been revived by news of the activity of the Blenheim bore at Mutoroa. For some time operations have been directed towards plugging the bore at about 2000 ft, in order to test the strata at that depth. Lately oil has been flowing intermittently, yielding about four barrels daily, but since last night the flow has become much stronger, being estimated at 12 barrels daily.

Any curios or treasures found during the excavations for the foundations of the new railway station at Auckland belong to his Majesty the King. A clause states: “ All fossils, coins, treasures, archaeological remains, objects’of natural history, antiquities, or other articles of value found on the site of the excavations shall belong to his Majesty the King, and shall be dealt with by the contractor as the architect shall direct." As the land on which the station is to be built was reclaimed from the sea, there is considered to be little chance of finding anything of value.

A point of interest to pharmacists was raised at the meeting of the Thames Hospital Board the other day, when a local tender for the supply of drugs for the hospital’s use was considered. It was stated that the medical superintendent of the hospital. Dr W. Sowerby, had reported against the acceptance of a local tender, on the ground that he could obtain the drugs privately from England at a saving of 15 per cent, on the quoted figure. The secretary said a saving of £l5O had been made last year in the indenting of drugs by the medical superintendent. Mr Danby recalled his experience at several hospitals, where it was found that the medical superintendents had discarded the brands and types of drugs recommended by their predecessors. He thought the experience and advice of expert chemists should not disregarded in the purchase of drugs. The board decided to adopt the recommendation of the medical superintendent, and to indent its drugs privately.

“ It is pretty certain to come to Wellington,” said a member of the Wellington Automobile Club on Friday (reports our special correspondent) when referring to the announcement that members of the Canterbury Automobile Association will shortly be able to procure first grade petrol at'reduced rates, “if anything is done,” he said, “ the club must be absolutely sure that the scheme is sufficiently well founded to see out the big fight that will be made against it. Naturally, the present interests are not going to sit down to it.” When the move on the part of the Canterbury association was referred to the secretary of the Wellington association (Mr H. J. Stott), he said that so far the proposal had not been submitted to the Wellington Club and he could not therefore discuss it beyond saying that the question whether such a proposal should or should not be taken up by the club was a matter for the members to decide.

Several of the unemployed who are given relief work by the Public Works Department are doing valuable work on the Lower Harbour road. The road is being made wider at the sharp turns. One landowner in that locality, who claims ownership down to highwater mark, has declined to give permission to widen the road by excavating the bank alongside it. A large deputation that waited on the Harbour Board last week with respect to the filthy state of the Anderson’s Bay inlet, was informed that the inlet is the property of the City Council and not of the board.

Mr A. D. M‘Leod stated on Friday evening the difference between the Labour and the Reform policy on finance (says a telegram from Wellington). “ Political Labour in New Zealand and in the other dominions," he said, “ argues that social betterment by an improved standard of living is of first importance, and that all other considerations are of secondary importance. Reform, while admitting the virtues of such an objective, is firmly convinced that no permanent betterment can be achieved unelss it be firmly based upon sound finance —sound, not only from New Zealand’s viewpoint, but the Empire’s, and all the countries with which we must trade. Sound finance," he added, “ was the first plank in the Reform Party’s platform, and it had called all to rally round in support of the Dominion’s greatest industry, namely, the pastoral or pi imary industry."

Sixteen entries have been received in Auckland for the Empire competitions organised by the Royal Institute of British Architects. Eleven are for the Tite Prize, which enables the winner to make a study of Italian architecture, and five for the Victory Scholarship, for advanced architectural study. The preliminary examination, for the purpose of elimination, will be held in Auckland on June 2. The test will take the form of a 12-hour sketch, carried out by each competitor privately, to ensure originality. The final examination, which will commence on July 7, will also consist of a 12-hour sketch, to be carried out as before in private, but to be worked out fully later, 10 weeks being allowed for completion. The final drawings will be sent to London for adjudication. New Zealand candidates will have to compete with architectural students from all over the Empire. It is not known how the £5O Italian travelling scholarship would be applied, in the event of its being won bj- a New Zealand student, as this would have to be decided by the Royal Institute of British Architects.

In his address at the opening of Milson School at Palmerston North a few days ago, Mr J. A. Nash, M.P., touched upon the oft-debated question as to whether education boards were really needed in the administration of educational matters. He referred to the system in vogue in some of the Australian States, where school committees dealt direct with the Education Department, and added that he had always advocated a similar system for New Zealand. It would raise the status of school committees and give them encouragement, besides being a means of expediting school administration requirements. It would also save school committees the trouble of interviewing members of Parliament as was the custom at present. Mr Nash said he felt sure the change in system would save the country thousands of pounds, which money could be distributed among the school committees as extra capitation. The Otago Daily Times and Witness Newspapers Company is now housed in its new premises in Lower High street, where all business will in future be transacted*

A member of the .Salvation Army expressed some advanced pacifist sentiments when he appeared before Mr E. D. Mosley, S.M., in the court at Christchurch on Saturday morning to ask for exemption from military training for his son. “If you had a rifle available and saw a man about to shoot you, would you shoot him?” asked the Magistrate. “No, certainly not," replied the father. “If your wife and children were about to be murdered, would you make any attempt to retaliate?" “No. Although I love them dearly, I would sooner see my wife and children go than face God as a murderer./ The Magistrate exempted the boy, who was 14, till the age of 18, and ordered that after that age he should be allowed total exemption, provided he remained in the St. John Ambulance Brigade until he reached the age of 21. The mystery surrounding the cause of sudden breaks in the supply of electric current in parts of the Hauraki Plains has been cleared up by a special investigation by the staff of the Thames Valley Power Board. The manager of the board, Mr R. Sprague, states that the cause has been definitely traced to seagulls flying into the wires. The stoppages had occurred on different lines in perfectly calm and dry weather, and were definitely accounted for by people who saw large seagulls fly into the lines, an explosion following each contact. New switching arrangements will be available for service at Kerepeehi within a few weeks, and the area affected by any local fault will then be very much reduced. The first woman to address the Hamilton Rotary Club is Mrs Maurice Hewlett, widow of the English novelist, who addressed the members of the club last week. Mrs Hewlett narrated her personal experiences in aviation and made an appeal to New Zealanders to take a more active interest in flying. She said that if they would do this they would do their country a service and make it more efficient.

jg A fine and very lively specimen of that curious deep-sea denizen, the sea horse, was brought into the Auckland Star office one day last week by a member of the crew of the scow Pahiki. It was caught in a sprat net off the north wall, and was found twined round one of the cords of the net. According to Webster’s dictionary, the sea horse is a fabulous creature, half horse and half fish, represented in classic mythology as driven by sea gods, or ridden by nereids.” Webster describes it as one of the genus Hippocampus, related to the pipe fishes, having the head and forepart of the body suggestive of the neck and head of a horse. It is covered with rough, bony plates, and the tail is prehensile. The sea horse has an abdominal pouch in which it hatches the eggs. It occurs in most warm and most temperate seas, and reaches a length of about three inches.

The term for which the Government Town Planning officer (Mr R. B. Hammond) was appointed o-rnired some months mond) was appointed expired some months ago, and extensions have been made pending the Government securing the services of another officer with suitable qualifications, as Mr Hammond wishes to resume private architectural practice. Applications for the position are being invited in the Dominion and abroad, and it is understood that meanwhile Mr Hammond has agreed to continue in his present office. Eleven bankruptcies were notified in the latest issue of the New Zealand Gazette. Nine of the number were in the North Island.

A Press Association telegram from Stratford states that Ernest Alexander Johnston was charged at the court on Saturday afternoon with keeping a common gaming house. Three men who were found on the premises were charged with being found in a common gaming house. All were remanded on bail.