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Christmas at Home for the…

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OUR LAWYER. Conducted by a Barrister-at-Law. Legal questions must be stated fully and clearly, and a full copy must be setti of any document on which advice is sought. All communications must It endorsed LEGAL," per Editor, WEEKLY MAIL," Cardiff. NOTICE TO QUIT.—Unless "A Tenant" (Pencader) can arrange for earlier possession to be given. be will have to give notice to quit to the person who now repre* sents the original sub-tenant and is in possession in that character. The notice to be given will depend upon the terms on which he agreed to let the cottage as to which he has not given us any information. If the sub-tenancy was from year to year, he must give half a year's notice, which must be so given as to expire at the end of a complete year of the tenancy. However, he may write us again with full particulars as to this, when we will advise him definitely. When a tenant under-lets put of the property In his oocu* pation, he ought always to let it upon ehorter terms as to notice than he himself holds under, because if he could not give up vacant possession of the whole holding at the end of his tenancy he might get into trouble and have to pay the costs of litigation. GUARANTEE.— Cymro Bach (Pembroke) is advised to place this matter in the hands of a local solicitor, who will want to see either the original document which was signed by our correspondent or a copy thereof, and also to ascertain whether the conditions upon which the guarantee was given have or have not been observed. DISCHARGE OF MORTGAGE.— Agent (Tredegar) is advised that it will ba necessary to obtain a re- conveyance with his deeds in exchange for the money which he will have to pay to the mortgagee, other- wise he would not be in a position to ueai with his own land without the concurrence of the person or persons in whom the legal estate may for the time being become vested and if the question were to turn up several years hence, it might cause conside- rable inconvenience and expense. UNSTAMPED RKCMPT.—" A Daily Reader" (Swansea) Is advised that the giving of an unstamped receipt for a cheque of the value of d62 or upwards is an offence against the law, which renders the person who gives such reeeipb liable to a penaity of JE10 for each offence. Has oar correspondent expressly asked for a stamped receipt for the amount which he remitted ? If not, he had better write again, and If a properly stamped receipt should not be s he might then report the matter to theCommissio, l j of Inland Revenue, who would. doubtless, tak- oceedings to recover the penalty. In writing to tiics commissioners he ought tc give full details, so that they may see how bad the case is. INHABITED Horss DUTY.—" House Duty Is Informed that this tenant's tax it to be paid In respect of every house which is of the annual value of £ 20 or upwards s and it is difficult to understand why of two houses of equal vahin one should be charged and the other omitted. There must have been a mistake some- where. SEPARATION ORDER. — "Justice" (Cardiff) must pay from the date of the order. He has no right to take away from his wife any articles which have been given to her by her friends. He appears to have queer ideas of justice. UNLICENSED CABRrAGK.—" J. W (Swansea) must not use his vehicle for either of the purposes mentioned without having a licenee. But he may take his wife and family to church on Sundays without requiring to have a licence. ARTICLED CLERK.—The first examination mentioned by H.B." (Cardiff) would be accepted as a substitute for the preliminary, and the term could be shortened as desired. If he will write to the Law Times Office for the" Articled Clerks' Manual," he would obtain much more information than we oould afford space for. LOCAL BOARD OF HSAMK.—" Non Lex (Cardigan) Is informed that by virtue of the Public Health Act, 1876, the ratepayers within the district have a right to inspect the books and accounts at ««►<>» orTne board during office hours at any time within seven clear days before the day appointed for the audit 1 and also to be present at the audit and make any they cannot claim a rIght to eee the books. 4c.. at any time which they may appoint. APPOINTMENT of TRUSTEES AND EXECUTORS.—" Laa- dore may appoint any two or more persons to be trustees of his will. and they may be the same persons as are appointed executors thereof. If his wife or any any other person who Is to be beneficially interested under the will should be willing to act and be In aU respects suitable for the appointment, there would be some advantages in preferring them to strangers. But the choice 01 the testator is practically unlimited, except that if a person nnder the age of 21 years should be appointed, be or she could not act during infancy. AGREEMENT OF TEKANCT.—" GiraMut (Cwmavon) did not enclose a copy of the agreement upon the validity of which he wished to have our opinion. Assuming that it is a proper agreement, he might bring an action for damages against the other party for breach of contract; but if there Is going to be any litigation about the Hflair, and if the agreement has not been duly stamped, the stamp duty and penalty would have to be paid before it could be produced in court as evidence in the pending action, or our correspondent might refuse to have anything more to do with the subject matter of the agreement, and so throw upon the other party the expense of stamping, If the agree- ment has not been stamped in due course. MISTAKE AT AUCTION.—AS Bridgend" did not get a contract signed, be has no remedy now. Why did he not ask the auotloneer to offer the property again as soon as the difficulty arose and before the company dispersed ? If he had done this, probably some other person who was present would have purchased the land. and the present difficulty would not have occurred. AOREEITENT.—If the money referred to by Prideaux" should not be paid at the appointed time, he ought to hand the agreement to a local solicitor, with instruc- tions to do what may be necessary. SALII BT BfORTOAOtB.—" Cymro" (Port Talbot) is advised that as the Interest was in arrear the mort- had a right to enter into possession or receipt of the rents of tl. ■ » J" :d property, and when a good opportunity offered to me-14, the property. If there should be any surplus, our correspondent, who is the mortgagor. will be entitled to,the benefit of the same; but if there is a deficiency, he is liable to be called on to pay the balance which still remains due from him. A LODOER'S GRIEVANCE.—There appears to be more in the case of ".An Inquirer (Newport) than has been told to us. What was the reason for the refusal? If the lodger is not satisfied, he had better change his quarters. It would be absurd to attempt to get into litigation about such a matter and continue te reside in the same house with the opposite party. And It is not at present shown that there is any cause of action In the matter. FRIENDLY SOCIETY.—TVe did not receive the copy rules on which H. J. H." (Pontypridd) wishes to have our opinion; when we receive the copy we will advise him definitely. BORROWER AJTD LKNDKR —" A Constant Reader" (Swan- sea) must pay the amount which he owes when It is demanded, or run the risk of an action In the county- court, of which action he would have to pay the taxed costs. MAGISTRATES' CLERK —There is no law affecting the grievance complained of by A Subscriber." But the magistrates have power to make any new appointment subject to such conditions as would prevent a similar complaint after the taking effect of such appointment. And perhaps if the matter were brought to the notice of the magistrates, or some of them, the desired arrangements might be made now. Our correspon- dent had better mention the Inconvenience of the present arrangements to such of the magistrates who act in the division In question as be is acquainted with, and ask his friends to do the same. Probably the bench is not aware of there being any cause for dis- satisfaction. DUTY OF TRUSTEES.—" B. W. M" (Llanwrtyd) Is ad- vised that the funeral and executorship expenses and all debts owing by the testator at the time of his decease must be paid before anything Is appropriated for the maintenance of the Infant benefichiry. We could not advise our correspondent on the other point mentioned without Meln, a copy of the will. If the property Is to be sold, the trustees will require the assistance of a local solicitor to prepare the conditions of sale, abstract of title, Ac. DISSOLUTION OF FABTTfMamp.—" Retiring Partner" (Abergavenny) is Informed that it 18 absolutely neces- sary for his protection that notice of the dissolution should be In.-erted In the Ltmdm GaxetU as well as in the local paper mentioned, and that a copy of the notice be sent to every past and present creditor of the firm. Of course, he will see that the existing partner- ship liabilities are discharged. LANDLORD AND TENANT.—"Ignoramus" cannot be com- pelled to pay any more rent than he agreed to pay unless his present tenancy Is first put an end to and a new agreement of tenancy entered into. The agree- ment is binding upon both parties, mutuality being essential to a contract.