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'.' OUR LAWYER.,-.

Detailed Lists, Results and Guides

OUR LAWYER. Conducted by a Barrister-at-Law. Legal questions must be stated fully and clearly, and a full co/ry must be sent of an,11 document on which advice is sought. All communications must be endorsed "LKGAL," per Editor, WEEKLY MAIL," Cardiff. "NllOJ SgtR (T,,tfYrs Well).-Evei-y attempt made to get the Post Office authorities to accept the popular interpretation of a compound word like" bJack- taggers has hitherto failed, and we do not think you will be successful if you attempt to get the matter altered. Further, we imagine that the Post Office people could make out a strung case in favour of black- taggers being rejiar led as t" 0 words, taggers being the article and black the adjective qualifying it. SEDUCTION.—"M.E." (Merthyr) may bring an action to recover damages for the seduction of her daughter. The action would have to be brought in the High Court, and could not ba managed without the aid o! a solicitor. She had belter call upon some solicitor and try what is the best arrangement she can tnake with him as to costs. We never give estimates of costs. OLAUI FOR WAGKS.J, W." (Cardiff) can only get four months' wages in full. As to the remainder ue will have to take a divide lid like the otlter creditur. DEBTOR AND ORElJl1'OR. Sufferer" is advised that although it is unusual to threaten all action, r to sue, before the delivery of a bill, there is nothing ilU gal in so doing nor is there any Ifgil objection to a creditor dunning his debtor in the street. We advise him to sue the man who g..t his new overcoat aad lelt an old one in the place ot I1. SBTTLKMENT ON WIFE. Chalcrlal" (Roath) is advised that if he gives his money and furniture to his wife and is made bankrupt within two years after she will have to give up both money and furniture for the benefit of his creditors. If he should become bankrupt after two, but within ten, years after such gift, it will be set aside for the benefit, of his creditors, unless his wife succeeds in proving that at the date of the gift he was perfectly solvent, without taking such money and furniture into account. PURCHASK OF Houitt.—"VV. R. M." (Cardiff) has pur- chased a h use, and is dissatisfied with it because the kitchen chimney is an incurable smoker. He cannot compel the person from whom he bought the house to take it back again on that account, nor can he compel him to make any alteration to the chimney. In attempting to remedy the evil the vetlllor has done more than he could legally have been compelled to do. ERROR IN SUM-mo,s. Greek Meets Greek" (B-tirv) is advised that the judge would not permit the defendant to evade payment of what is due just because the county-court clerk has, in error, sent out the sum- mons hs for goods sold and delivered, instead of for lent. Oil the judge's attention being drawn to the error he would simply order the summons to be amended by striking out the words goods sold and delivered," and insertiug "rent." The defeudant would gain nothing bv taking such an objection. INTESTACY.—"Tyro" (Cowbriuge) is advised that the widow is the only person who is entitled to take out letters of idEiiifiistratiori and it is absolutely neces- sary llmt she should do so. the is entitled to one- third of the net personal estate for her own absolute use and benefit. The children are enl itled to have the remaining two-tlurds divided equally among them. The widow will be entitled to expend the shares of the children in and about their maintenance, education, and advancement ill life. NOTICE 10 QUIT. W. B. G." (Pontypridd) is advised that, a notice to quit may be served at any hour before midnight of the relit day from which it is intended to run. It is quite a mistake to think It must be served before twelve at noon. It (loe3 not matter whether the notice lis pushed under the door or sent by post, so long as it reachls the hands of the tenant. Notice from the agent is quite sufficient. Rent cannot be rai-ed bv notice without the consent Of the tenant. If his landlord compels him to leave the house he cannot, sue forcompensatioll 011 account of the injury to his business. CONSTRUCTION or WiiL.—" R. W.' (Pontnrdawe) is advised that C. D has only a life interest in testator's house and residuary estate. He may sell the lease, but if he does the money must ba invested, and he must take the interest only. After his de<,th the residuary estate and the proceeds of the sale of the lease will be divisible 1 etween E. F. aud G. n. in equal shares. NATURALISATION.—" Poland" will I e able to get a c rtificate of naturalisation on taking the necessary oath of allegiance and making the declarations re- quired under the Naturalisation of Aliens Act. The necessary forms can be obtained from the Home lic Secretary, Whitehall, London. He will probably save himself much trouble and some little delay if he employs a solicitor to prepare his papers. EX!Lcu,j,oRslrll,. Ap Gwaiia" (Pontardawe) is advised that if the bill for nursing the widow of the testator has been paid out of the money which accrued due to her in her lifetime under the will, the children among wh"m the testator's property was to be divided on the death of the widow have no right to complain. If, however, it has been paid out of that portion of the testator's estate which was to have been divided among them they ceitainly have a riaht to object. The widow was entitleil to tne income during her life, and it the executor has p«ll1 more than tliat to her or on her account the excess must come out of his own pocket. TRACTION Mall" (LlanvrtfhI) is advised that it has been decided that a tricycle which is capable of be ng propelled hy the feet, [ the rider or hy stram as an auxiliary or by steam alone is within the definition of a locomotive. We are of opinion that the tricycle or vehicle he is thinking of using would probably be held to come withiu the same definition, and that any person using it would have to comply with all the regulations in force as to the use of locomotive engines on highways. BOOK ON TRUST AND TRUSTEES.—Abercumbie (Fish- guard) wants to know the name and price of a recent work on the duti IS and powers of trustees. We always feel some unwillingness to recommend any book oil a legal subject for use by a correspondent, because we know that when a person who has had no legal train- ing, and, therefore, call have no knowledge of the ele- mentary principles of the taw, riads a law book and attempts to guide himself by it, he will probably g,t himself in s >me difficulty, and find, in the eud, that, he has been pursuing a very mistaken and expensive course. That a littla knowledge is a dangerous thing" is the conclusion come to by most men who utr.empt to transact their legal business by the aid of a book, without t*king the advice of a qualified man. Underbill's Law of Trusts and Trustees is an excel- lent work, written in such a manner as to be easily understood. The price is 15s., and Messrs. Butter- worth, of Fleet-street, London, are the publishers. Although we give him this information, we certainly do not advise him to attempt to be his own guide in legal matters. ILLEGAL LOTTERIES.—" W. H." (Cardiff) appears to possess the mistaken notion that. because he has had a ticket in a lottery and been unsuccessful he ought to be able to recover compensation from some person. In this he is quite mistaken. The proceeding be has ,been concerned in was an illegal one, and the land- lord of the public-house where the raffle wal held and the other persons concerned in carrying it out might be prosecuted, but be will never get his shilling back. ILLEGAL DISMISSAL.—"One of the Grieved" (Peny- graig), who has been summarily dismissed by his employer, does not tell us the circumstances which led to his dismissal, and, therefore, we are unable to form an opinion as to whether his dismissal was justifiable or not. If he waS guilty of oonduct such as would justify his employer in discharging him with- out, notice he cannot recover wages in lieu of notice or the wages for the month of his service during the course of which he was discharged. Under nocir- cumstances can he recover compensation for loss of board and lodging. If his employer was not legally- justified in discharging him, an action may be brought in the county-court to recover all wages due at the time of the discharge and a sum equal to one month's wages in lieu of notice. PATENTING INVENTION. J, H." (Merlhvr Tydfil) will be wise to employ a patent agent to take out his patent. A it experienced patent agent understands so much better than an amateur can how to frame the deacriytion of an invention (caiied the specification) so as to guard against imitat ions and infringements that the fees generally paid for his sesviees are usually well-spent money. The forms of application for pro- tection can be bought at the Post-office at Cardiff and ronny principal towns. He may either get complete or provisional protection at the first. The dutv payable on filing a complete specification at the first is 24, and the protection lasts for four years. On applying for provisional protection a fee of JE1 is payable, aud the protection lasts for nine months. If provisional protection be obtained a further fee of tS (making up the amount charged if complete protection lIe required in the first place) must be paid within the nine months, and the invention will then be protected for four years from the date of the first grant. We always advise intending patentees to apply in the first place for provisional protection, because then, if the applicant decides that his invention is not worth spending more on, he is at, no great loss. LiNDLOBAND TKNANT.—" Bob (Cardiff) is advised that if he lets a house at a certain annnal rental, no matter how it is to be paid, the tenancy is a yearly one, and can only be put an end to bybalf a year's notice to quit, to expire at the same time of tbe year as the tenancy commenced. If it is desired to make the tenancy a quarterly one, or for any shorter term, the rent for that term, and not an annual rent, should be quoted. All disputes may be avoided by making an express agreement as to notice. HUSBAND AND WIFB. Welshman (Bristol) is advised that the debt which was incurred by his wife before her marriage with hin. cannot be recovered againsthim. He must appear ard defend the action. He is certainly not liable, and from what he states we very much doubt whether the creditor could get judgment against his wife if he sued her. COSTS OF ACTION.—" J. E. J." (London) appears to have been drawn into certain legal proceedings by some very wily people. The preliminary correspondence clearly shows that he joined in the proceedinga with- out having any guarantee that his liability should not exceed a certain fixed amount. The amount, men- tioned in the correspondence was only an estimate, and that estimate happens to have been exceeded, as estimates of the cost of legal proceedings often are. He and his co-plaintiffs are each jointly and severally liable for the costs of the firm of solicitors they em- ploy but his liability under ths head only extends to such costs as were incurred before the 5th of May, when his letter of withdrawal would be delivered. As to the coats of the other side, he is liable for the costs up to the time of his name being struck out. of the pro- ceedings. But was it ever struck out? If his solici- tors did not withdraw his name from the proceedings, he is liable for the whole of the costs of the other ljitle but he would have a right of action against his own solicitors for damages for negligencp, i' be was compelled to pay any costs incurred after the date when his name ought to have been withdrawn from the proceedings. BILL OF SALU Inquire," (Pontypridd) is advised that if the bill of sale comprised praeticaly the whole of thr debtor's assets, and placed him in such a position that If the bill of sale holder bad taken possession he would have been unable to carry on his business, the creditors will be entitled to have it set aside if a bankruptcy petition be presented by or against the debtor withiu three calendar months after the date on which^it was given. LAND-TAX,—" W T. B." (Dinas Cross) can ascertain whether he is being charged with more than his pro- portion of the Land-tax if he adopts the following course :-The whole country is portioned out into a certain number of divisions for Land-tax purposes, and each (liv sioii has a certain amount to raise each year. He must inquire from the Collector, Surveyor, or Clerk to the Commissioner of Taxes the exact extent of the Land-tax Division in which his property is situate and the annual amount payable by the division. Then he must ascertain from the overseers of the poor for the various parishes in the division the assessed Value of property in the division for Poor-Uty purposes. When these particulars have been obtained, it will lie easy to c lculate what is payable in respect of his property. For example, if the division is called upon to pay a sum of £500 for Lmd-tax, aud the total r,f the annual vallIe of all property in the division for Poor-law purposes is £ 0 000, then each person liable ought to pay tax at the rate of 6d. in the iC on his Poor-iate asst ssment. This tax is the mostunjusfc find unequal one ever imposed in this country. The anomalies of the tax are so extraordinary, and the in- justice so obvious. that it is a matter for wonder that an entire change in the system has not been brought about long ago. As at first levied, it was a tax of oue- fifth of the rental of all lands in the kingdom. At tha present time it is as high as .36. in the 2 in a few places, and as low as rd, in others. The manner in which this arises is as follows, viz. -I;ach county pays tax upon a fixed capital sum, and is divided into districts, ealh of which pays upon a fixsd share of the capital sum paid upon b/ the county, and each 1"00- owner bears his proportion, not of the L\nd-!ax of the whole kingdom, but simply of the division in which his property is situate. The sums payable by each county and division were fixed in the reig:. of William and Mary, and remain unaltered. It will be seen, then, that in those counties and districts where property has immensely increased in value the owners are paying at an absurdly low rate, while owners of property in counties where the value has remaiuad almost stationary, or increased ouly slightly, are paying far more than their fair share of a tax which was intended to be an equal burden on all the hinds in the kingdom.

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