LEGAL INQUIRY COLUMN.

Auckland Star, Volume XXXIX, Issue 149, 24 June 1908, Page 8

LEGAL INQUIRY COLUMN.

CONDUCTED BT A BAKRISTEK-AT-LAW Letters of inquiry will be answereO 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.

I In order to derive the greatest advantage from this column, correspondents should give fnll particulars of the facts upon wnlch they <lesire sJvice. Whatever the details snpplied, however, no responsibility can be accepted for 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 all instances, can only be applied to the specific case dealt with.

Every correspondent must enclose his or her real name and address, though not, of course, for publication.

[Correspondents are reminded that their addresses must appear on their letters or inquiry, as well as their true names. To address simply "Auckland," Is not sufficient.]

S.M.O. writes: — "I fina on survey that my neijiibour has the better half of my half-acre section, my peg<s coming close to his front door. Can I make him shift his house?"

[If S.M.O.'s neighbour built on his land through ignorance, and without gross carelessness. S.M.O. would uot be able to insist upon removal of the house. She would, however, be able to claim rent for the portion of the land occupied, and to fence off the part unbuilt on, provided, of course, that her neighbour had not obtained a right to the land through adverse possession. 11 her land is under the Land Transfer Act. it would not be possible for her neighbour to acquire any right to it by possession, and in any case, if it is not under that Act, he would have to have the uninterrupted use of it for 20 years, at least, before such a right would arise. If S.M.O. cannot arrange lie matter with her neighbour on the lines indicated, she had better consult a reliable solicitor, otherwise she may possibly lose her land by lapse of time.]

J.S. writes: — "Would you please tell mc, through the 'Legal Column.' if a tenant is.renting a house by the week, and a window is broken while he occupies it. Can .he he made pay. the cost or repairing it after he has left the house."

[If a tenant causes or permits any damage to. the house he occupies, he is responsible for it, whether h« has given up the house or not.]

H.T. writes: — "1. A. and B. own adjoln- , ing sections: they agree to erect a fence on the boundary; they both do their own half of the fence, each finding their own posts, wire, labour, etc. Can A claim the half he erects as his, and Keep it in repair, and can he compel B. to keep his half in repair. 2. B sells his section to C, is C. in the same position as B was after buying the property? No written agreement exists in regard to the fence. 3. If my neighbour s dog keeps chasing my cattle can I shoot it if I catch it in the act?"

-h l ?~J£ Ot ,. Un < :l " S , s there ls an agreement to diat effect. Without such an agreement the fence must be maintained throughout its entire length at the -joint expense of tn c occupiers. If either party neglects to do his share, the whole may be done by the other (after due notice), and the cost re covered from the occupier in default *> Yesthe dog may be shot on the spot by' H t' orchis agent or serTant> if c^ghl .- in £,;

a W

* £f he , partllers are ''able jointly for-the of If G - B - D - is s »<* for any ? tS - he su °uld ask to have his partner added as co-defendant. If he Days f e ti eht t hh ? s <M' -he may sac his pirtoer for the share the latter ought to have P aW j

nesses added? Or"musf th ed wit ' SJWSS --- -y befra

[The husband or wife i<: +t, be, may be sole eLecuSi Th c CaSO may apply to a wife as to α^wtaad™ 1 ?!? ""J? nesses must be persons u-hn , ,i ne w,t under the will.] ° 2R° interest

S. $ a -i4e V^ y band, who, v? his lifetlmp T 6 hus " for mc to adopt in th °, hest course detailed in thl^cconfpln^gTe^^

be taken. The wife f,t« c & n °. e °«rse to and there the matter endt] ±he ins ™™,

!lS_____st ■__?** t _ r Supreme Court and to do that _Kw. .__ sueesstuUy you will ne^^ffl

EXIT writes:—"A' has a small business, and B, desiring to go into partnership, buys - a-full ;half-share cash down, receiving half profits and sharing expenses. After six months, B is not satisfied, ana hands over his key, and withdraws without any stipulations whatever. A continues the business by himself. In the event of A selling the business as a going concern, has B any claim on A?"

[If B withdrew without any stipulations I presume his intention was to dissolve. The only question is, what was the intention of the parties? If B is in any doubt on the matter, let him ask himself this query:—

"Suppose, since I left the business, that A has incurred fresh liabilities to the extent of £100, do I hold myself responsible for these fresh liabilities?" If he cannot answer that question in the affirmative, he is no longer a partner. And if he is no longer a partner, he has no longer any interest in the business.]

M.A.C.. — For peusion purposes the magistrate will accept other evidence of age besides the certificate of birth. If M.A.C. has any children she should procure a copy of the certificate of birth of the eldest of them born in New Zealand. This should show her age, and would, I" think, be accepted. If M.A.C. has no children, perhaps she has an old family Bible, with the entry of her birth in it. Failing all else, she may write to the Chief Clerk, Somerset House, London, Riving her maiden name in full, and the full names of both her parents, as well as their address at her birth, and the date when it occurred, and ask for a certificate of her birth, and enclose 2/7. I think the complete records are at Somerset House from a period prior to 1543. '

W.R. writes:—'-I left my watch to be repaired with an Auckland, watch repairer. He agreed to repair same for 2/G verbally. I applied for its return, and he then wanted to charge mc 7/G for same. He will not give mc possession of the watch until I pay the 7/6. This I refuse to do. What is the proper procedure to obtain possession, and can he legally keep same?" i

[W.H.s objection is legally valid enough, but his difficulty will arise when he attempts to prove it. The watchmaker may deny the previous contract, and as it will be W.U.s duty to prove his case, he will probably be non-suited. However, if he intends to try his case, he will need to sue the watchmaker for possession. The proceedings will be in the Magistrate's Court.]

D.B.M.—"lssue a summons in the Magistrate's Court for the amount."

ALL BLACK writes:—"Three years ago I lent a man a small sum of money, to be paid back in a week. I met him the other day, but he gave mc nothing except excuses. Have I any chance of recovering it by summonsing him? lie is in constant work."

[YES, a very good chance, if the debtor earns fair wages. All Black should sue him without" delay.]

KIT A writes:—"A friend of mine who was in a good permanent position in a certain town was engaged here by a firm to do a certain ground as their representative, b"Jt when he came here he was put on another ground, which no traveller has ever yet made pay (at least not of this linn), and then he was ground he was on was not paying, and to look for something else. After leaving a position which he has held for the last five years, and also selling up his home, can he have the parties concerned sued for damages?" II am afraid Rita's friend is too late. He might have had a claim for damages had he refused to accept the new ground after having Tieen engaged for the other, but having acquiesced in the change, his opportunity would appear to have gone.] j