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TIDE TABLE.

'OOttl1tItt'l paD

ALMANAC FOR 1892.

Original itoetrg.

RHEUMATISM AND ITS REMEDY.I

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OUR LAWYER.

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OUR LAWYER. Conducted by a Barrister-at-Lavv. Legal questions must be stated fully and clearly, and a full copy must be sent of any document on advice is sought. All communications must be endorsed LEGAL," per Editor, WEEKLY MAIL," Cardiff. MASTER AND SERVANT,—" D. J. T." (Brecon) is advised that the death of the master put an end to the ser- vice, and the men can only recover wages up to the date of his death. If the executors had continuEd to curry on the business the men would have been entitled to notice of dismissal or wages in lieu thereof. I Hltsbasd AND WIFE.—" Young is advised not to give up her wedding and keeper rings to her husband. They are her own absolute property, and he is not entitled to have them. He must be a very mean man to ask for them. LANDLORD AND TENANT.—" Ignoramus" t.llomch- Irgjdu) is advised that a landlord is not bound to do any repairs unless the lease or agreement of tenanev contains a clause expressly binding him to repair. If his agreement contains such a clause, we advise him to give notice to his landlord that unless he does the necessary repairs forthwith an action will be brought against him to recover damages for the breach of the agreement. The neglect of the landlord to repair does not justify thd tenant in refusing to pay the rent or treating the tenancy as at an end. If he does not pay his rent, probably the landlord will distrain for it. RECEIPT FOR LEGACY.—" Executor can obtain from the Post-offiee, free of charge, a printed form of legacy duty account, upon which the legatee will give a receipt for his legacy, less the dutv payable upon it. CLAIM TO PROPERTY.—" Troubled (Neath) may have some little difficulty in substantiating his claim to the property, if it is disputed, as he cannot find the title deeds. We think he will do well to instruct some solicitor to take the necessary steps for getting possession of tho property-the possession of the mortgage deed will certa nly be greatly in his favour. If his father was in possession of the property or ia receipt of the rents up to the date of his death, that; will be evidence of his title. HUSBAND AND WIFE. G. M." is advised that tha money and furniture left to his wife by her deceased father is her own separate property, and is not liable for his debts. If he wishes to sell his furniture to her the only safe way is by an absolute bill of sale, d'lly registered. This would make it safe against the claims of his creditors. EXELCUTOIRSHIP* Quest" (Newport) is advised that the executor of the will of the deceased executor is entitled to act in his place. PURCHASE OF CLOCK.—" J. F. M." (Swansea) is not entitled to have the clock exchanged or his money returned. He must m'lke the best of his bargain. LOAN ON PROMISSORY NOTE AC.—" Dickson" (Pembroke) will have to sue in the High Court if he decides to take any proceedings for the recovery of the money lent by him, as no action can be brought in the county-court where the debt exceeds He would not be able to conduct the proceedings himself, but; would require the services of a solicitor. If the borrower should be made bankrupt, our correspondent would be considered a secured creditor to the extent of the value of the les,e deposited with him by the debtor. It would be better to have a written agrae- ment of deposit of the lease, in order that there may. be no room for dispute as to the purpose for which i6 was deposited. If the saleable value of the lease is less than the amount owing, he would be entitled to prove his debt, and, after giving credit for the value of the lease, take a dividend on the balance. Ha could not get a dividend on the whole amount of his debt without first surrendering his security to the trustee. MISSING SAILOR.—" M. M." (Swansea) is advised that neither the captain nor the owners are under any liability to discover the whereabouts of the missing man. Weadvis him to write to the British Consul at the port in question, giving him full particulars', and prob.ibly ti,t official will get some information from the authorities of the hospital. MARRIAGE.—" Doubtful" is informed that the feed charged by the clergy upon marriages.are not unifoim, and, therefore, he had better direct his inquiry to the clergyman of the parish where he expec s to be married. Two witnesses are necessary; there is almost sure to be some person present "besides the clerk who can sign the register as a witness. LANDLORD AND TENAKT.—" L. A. W." (Cardiff) is advised that the only manner in which the rent can be re- covered is by an action in the county-court. If the tenant had remained in possession until the rent became due the landlord might have followed and distrained upon his goods at any time within 30 daya thereafter; but as he left before it became due the landlord has not that right. NOTICE OJ 0 QUIT. Constant Reader" (Aberdare) must obey the notice to quit served upon him, or his land- lord may bring an action of ejectment agaiust him and put him to considerable expense. lord may bring an action of ejectment agaiust him and put him to considerable expense. STATUTE OF LIMITATIONS.—" H. A. T." CNeath) & advised that the promissory note of which he sends u* a copy cannot now ba sued upon, unless he is in pos- session of some written admission of the debt dated within the la3t six years and before February 8, 1 £ 90. It no *ueb written admission waa given williin six session of some written admission of the debt dated within the last six years and before February 8, 1 £ 90. It no written admission was given within six years from February 8, 1884, when the last payment: was made, the right to sue for any portion of the money stiil owing is barred by the Statute of Limita- tions, CLAIM TO ANNUITY.—" G. W." is advised to instruct some experienced solicitor to bring an action in the county-court to enforce his c'aim, if the society decline to grant it. The opinion he quotes is alto- gether irrational, and has evidently been given by some person who has'not taken into account the facC that the principles of equity must be considered ill dealing with a question of this kind. Similar casfS have been decided over and over again on the lines which we laid down in our previous answer. Whoever he gets to act for him will require a copy of the rules of the society. STATUTE OF LIMITATIONS.—" E. M." (Canton) is advised that a debt owing upon a promissory note payable upon demand, upon which no payment is made on account of principal or interest, cannot bs sued, u^on after the expiration of six years from its date, unless within that time the maker of the note has signed written acknowledgment of the debt, in which event an action may be brought within six years from the date of such written acknowledgment. TITHB RENT-CHARGS,—" Farmer" (Swansea) is advised that if his lease, made before the passiug of the Tithe Act, 1S91, binds him to pay tithes, the new Act does not relieve him. The only difference the Act makes in such a case is that the tithe is collected from the owners of the land and paid to him by the occupier- The Act was passed on the 26th of March, 1891, and it provides that every contract between an owner and an occupier of lands made after the passing of the Act shall be void if it provides for payment of the tithe by the tenant but where the lease or contrao& of tenancy was made before the passing of the Act. the occupier, though relieved from paytf ent of tithe to the collector, remains liable to pay the owner any such sum fts the latter has properly paid on accoanf of the tithe which the occupier is liable under hia contract to pay. The owner is only entitied to charge. the occupier with the exact amount properly paid by him, and not with any costs, &c. MASTER AND SERVANT.—" Christopher Columbus'* (Merthyr) has no remedy against the assistant whom he engaged in November to commence work in December at a yearly salary, and who three days before the time when he ought to have commenced his duties wrote saying he had determined not to do so. If the agreement had been in writing and properly stamped, he might have brought an action for damages. Bkcovkry ot LOAN.—" Dickson" (Pembroke) must issue a writ for the recovery of the money before the promissory note is six years old, unless the borrower will make payment on account of principal or interest before that time, or will sign a written acknowledgment of the debt, referring in the clearest; possible terms to the promissory note. Unless one of these courses be adopted, his right to sue for the debt will become barred by the Statute of Limitations at the expiration of six years from the date of the note. Although his right to sue for the debt will become barred, his right to retain the lease which was depo- sited with him as security will not be affected but IS bare right to retain a document is not of much benefit. If the borrower becomes baukrupt, our correspondent will not be able to get a dividend on the whole of his debt unless he gives up his lease for the benefit of tHe creditors, but he may prove his debt, giving crelit far the selling value of the lease, and take his dividend on tbeTmlance. At any time within six years from the date of the deposit of the lease he may bring an action to compel the borrower to assign it to him by way of mortgage, and if the borrower becomes bankrupt ho will have a similar right against the trustee. In either action he would require the services of a solici- tor. WILL.—" X. Y. Z." (Cardiff) is advised that if a man makes a will while his first wife is living and she afterwards dies and he marries again and then dies without making another will, he will be considered as intestate. Marriage absolutely revokes a will. In such a case the widow would be absolutely entitled ta one-third of the personal estate of the deceased, and to receive one-third of the rents of his real c&ta?« during her life, unless her right to receive ths ssme had been barred by any declarations eoniNljood in the conveyance to him. The remaining two-thirdse £ the personal estate would be divided among all the children of the deceased in equal shares, and his real estate would descend to his heir^aW*w» subject to the widow's right, to receive one-third oli: the rents during her life. Freehold and copyhold are real estate leasehold property, money, goody, shares in limited companies, &c., are personal e&t.&fe. RECOVERY OF MONEY INVESTED IN 8octety.—1' Vaiteg'* (Pontypool) is advised to take the £ 13 13?. 2d. uiTern< £ hy the society in discharge of the sum of ISfe He will then get ont mueu better than some o £ tha investors who Keep on paying their money until tha inevitable smash comes. We are well acquainted with the rules of the society in question, anctara surprised that any person would invest his money in; it. He cannot recover m full; he is absolutely in fiber bands of the directors. He is bound by the rules o £ the society, and should have taken the piecautiaii to read tliem before investing his savings in snch aeon? cern. <.

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