LEGAL INQUIRY COLUMN.

Auckland Star, Volume XXXVIII, Issue 175, 24 July 1907, Page 8

LEGAL INQUIRY COLUMN.

CONDUCTED BY A BAKBISTEE-AT-LAW.

• Letters of inquiry will be answered every Wednesday in this column. As far as possible they will be dealt with in the order in which they are received, and replies will be inserted with the least possible delay.

In order to derive the greatest advantage from the column, correspondents should Si-re full particsilars of the facte upon which they desire advice. Whatever the details supplied, liowever, no responsibility can bp accepted lor errors, in whatever way arising, though every effort will be made to insure accuracy. Answers are based absolutely on the information given, and, therefore, in ail instances, can only be applied to the specific case dealt with.

Every correspondent must enclose nis ot her real name and address, thongh not, of course, for publication.

ANXIOUS writes: "I was apprenticed to an ordinary trade (French polishing) foi- four years. At the end of 38 months I was compelled by illness to have my indentures cancelled, in order to go to a health resort to recover. Iti twelve months more I came back again to work at my trade. In the meantime the old master had apprenticed another lad. The union secretary says that I cannot work for the former em-ploy-eT, nor yet work for any other employer, as an improver. These are my questions: '(1) Can I work ac an Improver without a written permit from the union secretary? (2) My apprenticeship was for four years only, instead of the ordinary five. Was it a legal apprenticeship? (3) My mother, who had mc bound to the trade, knew nothing, nor knows anything, about the cancelling of the indentures. Are my indentures legally cancelled? (4) If the indentures .are not legally canceUed, am I still the apprentice of the former employer?"

[To enable mc to answer Ansions fully, I shall need to look up the Arbitration award, if any, in force at the time Anxious was apprenticed, or of such parts as relate to apprentices. How old was Anxious when his indentures were eigned? If the indentures were not legally cancelled, Anxinns still remains the employer's aparentice.3

STICE writes: "A was defendant in an action for specific performance, in which a certain deed of lease, the subject of the action, was challenged on account of its date, but held by hia Honor to be of no importance. An agreement of even date -was also put in evidence b.v the plaintiff, which document was by defendant declared upon oath to be a forgery. The documents were compared by his Honor, and held to be genuine, judgment being given accordingly. When obeying the judgment, plaintiff's solicitor refused to give up the challenged deed, but offered to give a copy, which was accepted, but £1 1/ was then paid to him -with a. demand that the deed upon which judgment was given be deposked in the Deeds Office, which he undertook to have done. I believe that the said deed had not been deposited, but In my opinion another deed of entirely different date has been lodged, which I also believe is the original deed altered by the. changing .of the date to correspond with the date npon the challenged deed, nnd the alleged,' agreement nf even date with it. ' Have I n sood claim to recover the £1 1/ paid by mc and damages for erpenses incurred if the document purporting to be the deed, and whicti judgement was given upon, has not been deposited as agreea'.'"

[Justice tells a remarkable story. His opinion of the tone and character of the document deposited at the Deeds Registry Office would be difficult to substantiate. If, however, it should be correct, he wouid be entitled to claim the return of the £1 1/. The qnestion of damages is more complicated, as he could only recover such as an ordinary man could foresee would be likely to arise out of a breach of the contract to deposit the document produced to the Court. A proper course for Justice to adopt would be to procure from The Deeds Registrar a facsimile copy of the document in his possession. It is difficult, however, not to think that Justice is mistaken in his opinion of the deed deposited.]

T.ERBA writes: "A short time ago I purchased a piece of ground from a syndicate on the deferred payment system, paying a small deposit, the balance to be paid in instalments.' Until all the instalments are paid I do not get the deeds, and should I fail 1 to keep up my payments I forfeit my right to the land. Can the owner of the adjoining property compel mc to fence until I have paid off the land and have the deeds in my own name? Am I the owner of the land within the meaning of the Fencing Act, and liable for. balf the cost of the fence?"

[Terra is liable. for half the cost of ■fencing-K aad wiicn the adjoinJboe tenant «e»a-«ECKi3j«'.a_psPEßr_ ttotot-*e=ießCsq-

J.W. -writes: "II I lease a farm for five years, and in the' lease drawn up I have no mention made of timber on the property, can I legally cut same and sell it, or could. I give it away, or am I running a risk by so doing?"

[J.W. may legally cut the timber to repair damage that has occurred during the time of his being •in possession, in the ordinary course df decay, or where the premises •were -ruinous at the time he entered. The timber is the property of the landlord, and may be cnt by the tenant for the above purposes only. He has no right to dispose of it in any other manner.]

FAEMEE writes: "I am in occupation for over 40 years of a road running through my paddocks, which has not been used by auyone else. If the toad board wish to open this can 1 refuse to allow it to be opened?" [The facts stated by Farmer are not clone sufficient to give him an absolute right to the road. He may remain in possession, however, until the road board take the necessary steps to remove him, ■which they may not think worth while.]

PUZZLED says:—"A has a farm which Is partly swamp; B also has a farm adjoining. The natural fall of swamp is from A's to B's land. B says he won't drain his land, and consequently A cannot make use of his swamp. Can A compel B to drain so that A can utilise his swamp? If not, what course should A take.?" j

[Puzzled will have to make an application In writiDg to B for leave to carry a drain through B's land. This application posed to be made, and must refer to n plan which must be deposited at some public office in the district, and on wliicli the length, width, and depth, of the proposed drains is delineated. The application must also state what (if any) compensation A proposes to pay to B. If B assents, he must do so by deed, which must be deposited in the office of the Registrar of Deeds, or the Land Registrar. If B does not assent, or if he refuses, A may apply to a magistrate, who has power to give A the right to drain, and fix the compensation to be paid by Tiitn to B, or, if B will benefit, the amount which A may ' claim from him.]

SETTLES asks:—"Can a ratepayer be allowed to see (during office hours) the minute book of the County Council, to verify a matter with which he is concerned? Can the Conned! clerk refuse this, or is he legally obliged to produce the book for inspection when reo.uired?"

[The minute hook must be produced for inspection to any county elector -without fee at any time during office hours.]

SMALL FARMEE writes:—"Kindly give answers and advice in each of the three cases following:—-No 1. There ■were pines and gum trees, three feet from fence, and 70 feet high. These I made my neighbour cut down. There is a hakehake hedge on dividing line, and between, and on each, side of fence. The hedge I cut down ia line with fence. The consequences are (1) that the fence posts are all rotten, and the wires twisted and deficient; for half a chain on my side my paddock cannot > be ploughed because very large roots are everywhere. Can I make my neighbour put up a good fence, and what is the procedure? What am I to do re the roots of his trees spoiling my grass, etc.? Can I compel him to pull them up, or can I do so at his expense? 2. A neighbour planted pines on line of march between the posts. Can I cut them down, as they gronr one half on my property, overlap fence, and # over-shadow my grass, the roots being half on tny ground? 3. The trees are within 8 feet of my fence, but the roots go visibly half a chain on my ground, and the trees shade two to three chains of my grass, making it ■useless for grass, and only growing toadstools. They run east and west for about 14 chains, and are about 60 feet high. No sim can get through them, they are so close together. They also rot the fence."

[L The meaning of this question Is nnt at all clear. The description of the position of the hedge is perhaps . Intended for a puzzle. I have not been able to solve it. Presumably the fence is old and rotten. II so. Small Farmer may give his neighbour notice of his desire to have a new fence erected, naming the boundary, and the kind of fence proposed. I think Small Farmer will hare to remove the roots himself. It nas been a case of gradual growth, in which he has acquiesced. 2. The better course would be to giro the neighbour notice to removp tbe trees. If he neglects or refuses, then Small Farmer would be justified in doing it himself. 3. Any limbs which overhang his land. Small Farmer may insist on having cut. The roots he may aJso have removed. If his •neighbour refuses to do what is necessary he should consult a reliable solicitor, wifh a. view to. taking proceedings. For the mere obstruction of the sunlight he' has no remedy.]

AVALOX writes:—"On the 2Sth January last my two cattle dogs, were registered J by D In the Otamatea County.' and about .sis weeks afterwards M, of Waipu, told mc that I would have to register the dogs with him. or else he would summons mc. I explained to M , that the dogs had already .been, registered. However, M still threatened to summons mc unless I registered the dogs again with him. I then paid M the registration fees for the dogs under protest. I may state that I reside in the Whangarei Connty. D came over to my place on business, in January last, upon -which occasion he informed mc that I could legally register my dogs either in the Otamatea or Whangarei Connty. What is the legal position?"

[The proper place to register dogs is in the district in which their owner lives; in Avalon's case, in the Whangarei County. Avalon should apply to the clerk of the Otamatea County for a refund of taxes paid •his agent.]

WOERIED writesr—"Can a man be compelled to pay his brother's funeral expenses? This is how the case stands at present: A and B axe two brothers. Both married. B, who lives with his married daughter, dies. The undertaker sends in the Mil for expenses to A. vpSo did not know that his brother was - dead until a few days after the funeral. The daughter, however, claims everything belonging to deceased, but objects to paying burial expenses." ,

[Worried need not trouble over this matter. A did not employ the undertaker, and should ignore him. If the deceased left no will his wife and children will take his property, and pay thereout all his debts and funeral expenses. In this case the •brother is not , in any way.]