LEGAL INQUIRY COLUMN.

Auckland Star, Volume XXXIX, Issue 67, 18 March 1908, Page 8

LEGAL INQUIRY COLUMN.

' CONDUCTED BT A BARRISTEB-AT--1 LAW. '_ Letters of inquiry will be answered every Wednesday in this column. As far as pos--2 slble tvill be dealt wit— in the order I in which they are received, and replies will he inserted with the least possible delay. ' In order to derive tne greatest advantage - from this column, correspondent- should t fiive full particulars of the facts upon • which they desire advice. Whatever the j details supplied, however, no responsibility can he accepted for errors, In whatever • way arising, though every effort will be made to insure accuracy. Answers are . hased ahsolutely on the information given, aud, therefore, in all Instances, can only be applied to the specific case dealt with. 1J Every correspondent must enclose his or s her real name and address, though not, of , course, for publication. [Correspondents are reminded that their l addresses must appear on their letters of [ inquiry, as well as their true names. To address simply "Auckland," is not sufficient.] [ FIREMAN writes:—-'I was emoioyed at a works as fireman, and worked on four • different Sundays, for which 1 received no extra pay. 1 have beeu informed ( since I left that every employee gets double pay for Sunday work. If this Is so, what is the best thing for mc to do?] [Fireman does not say whether or not he was working under an award of the Arbitration Court. I presume he was. If so, he should procure a copy of the award, aud let mc have It. He will he able to get such a copy from the secretary of his union.] COUNTRYMAN writes:-"A few weeks ago, about three miles from a certain wharf. I engaged a cart to take from my place to the wharf three crates containing poultry. They were well nailed and secured when taken away from my place, but the carrier sent n lad about lb' years of age to do the work, and it can be proved that when the boy came to the wharf he threw the crates down, and consee_uently most of the fowls got out and were lost. Is the carrier, who was paid 5/ for tho carting, responsible for the loss, and can I sue him? [Yes, Countryman may sue, and If he can establish the facts mentioned and suggested, he should succeed.] A.T. writes:—"l am living apart from my family, and, under existing circumstances, cannot contribute more than twenty shillings per week, which is inadequate. There are nine persons simply depending upon my financial help. My sou age 22 and unmarried) is the eldest. Can I, without the consent of my wife, summons him to help her over this crisis, as appeal Is in vain?" [Yes, A.T. ,nay summons his son, aud lay the facts before the Court, If. takiug all tha .circumstances into consideration, the Magistrate is of opinion that the case 's one of real distress he will make an order against the son.] J.J.J, writes:—"l employ a man to do some work for mc. He finished the work agreed upon and was paid. Sometime later I met the man, and he promised to come and do some repairs to the job, and, in the presence of a third person, agrees verbally to einolov : another man to do the work, within one month, on condition that I pay half expense. I agree to that, unci tho i month has expired, and thp work agreed upon has not been started. If I yet the work finished, can l claim half ex-! penses from the man, or what is the ! best way to go about this business? (an I legally claim half, as agreed l upon? [J..T..T.'s letter is not very clear. I pre-1 sume what is meant is that the work ivas originally done by contract, but being l badly lone, .T..X..1. arranged with the con- > tractor to make it good, on condition that J..T.J. paW half the cost. If this is .-. correct statement of the facts, then JJ J may have the work done himself, and sue! the contractor for damages for breach of' contract, fixing his damages at the half cost of the work, which the other party I agreed to pay.] GLASGOW writes:—"Could you give address where to write for copy of a will made in Dunedin about S years ago?" ..rt. lf the wi " is that of a deceased person. Glasgow ' may get a copy from the office _i Supreme Court in the district in ' which i t n _ s proved, if it has been proved. I 1 his would most probably be the office in the district in which the testator died. If j the will is that of a living person, the only ! way to get a copy is to ask the maker.i ' Glasgow ' can beat Judge whether or uot '■ such a request would be successful.] PERPLEXED.—It is Impossible to answer your question accurately without knowing what the whole estate was valued at for probate purposes. I cannot understand, however, the difference between the duty ou the daughter's legacy aud that on the mother's life interest. "Perplexed" should obtain particulars from the executors. When once the whole of the duty payable on the estate left by the testator has been met there will be nothing more to pay. The daughters could assign their future interests in the legacy to their mother. ' Then the mother could assign these and her own life Interest to another. Such sales, however, are often very wasteful, aud they are. on that account, not to be recommended. They are also sometimes prohibited by the will, and "Perplexed" should reassure herself on that point before takiug any steps in the direction of a sale. If a sale Is finally decided on. it is very desirable that the mother should engage a reliable solicitor to effect the assignment. A.E.S. writes:—-'A and R own properties back to back, with dividing fence between. A considers the fence wants repairing, and takes down the fence and re-erects, putting new rails, post, and some new palings, and part of old timber, then sends word to B that he must pay half the cost. Ought uot A have given B notice that he wanted the fence repaired before getting the work done? Under above circumstances is B liable for half cost of repairs? Further, is A a trespasser?" In connection with the same matter the other party writes as follows:— "Mr A.E.S. informs mc that he has stated a question to you, but he does not put the facts fully or explicitly before you. His address was unobtainable. The fence was flat, or lying at angle of 70 degrees for the last six months. His tenaut had asked him to repair the fence, without result. He visits (collecting the rent) his property weekly I am only in town say once a quarter!" [An occupier or owner wishing to repair a fence, must give notice to the adjoining owner or occupier of his intention, if ho intends to claim half the cost. He may repair without notice only iv case of accident or sudden damage. The fact that the adjoining occupier or owner is not to be found makes no difference, since the other party wishing to repair may serve his notice by posting it in a registered letter to the last known place of abode of the person to be i notified.] THANKFUL writes:—'-Last month I purchased a freehold property in the city. ' There are odd jobs, such as repairing fence, pulling down a few boards from the side of the house and fixing new ones, putting up lattice work, painting, etc.. that need to be done. Will I need to get a permit to do these? I have not the necesgary rash to do same all at once, and propose to do same myself as finance permits, taking probably nine months to complete the same. Can I do these myself?" [Yes. "Thankful" will be quite within his rights.]