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LEGAL INQUIRY COLUMN.

CONDUCTED BY A BARRISTER-A.T-LAW. Wednesday In this" column. As far :is 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 this column, correspondents shoulu give full particulars of the facts upon which they desire advice. Whatever the details supplied, however, no responsibility way arising, though every effort will be made to insure accuracy. Answers arc •based absolutely on the information given, and, therefore, in all instances, can only be applied to the specific case dealt with*

her real name and address, though not" of course, for publication.

Coi respondents arc reminded that their addresses must appear on their letters of inquiry, as well as their true names. To address simply "Auckland," Is not sumcient.

F.D. writes: "Some time ago I had a fancy ."tone wall erected in front of my house the road just being filled in. there belli" a 'hollow. Now. after .the expense I went to. the Council have ailed in again, practically leaving mc with no wall at all, and taking away a srrrat deal of the appearance of. the property fan I compel the Council to restore wall to its former fceiyht , :"

[Ton mar claim compensation for the d-amage done If your wall was built with reference to and in accordance with the levels shown on the local body's map, constructed for the purpose, or ii it was' built after the street on which it .-thins was constructed iv some permanent manner by the local antaority.]

TJRGEXT SUBSCRIBER.—See List answer, which applies to your case also.

AOfXIOCS. 54. writes: "A husband and wife, who have been married for two years, find within that time that they . cannot ajrree together, so they decide ■to separate. There is one child. Who is the rlcht one ro take ilic child—the mother or father? And i= rhp husband bound to maintain his wife? Or would 1 have to take liim to Court and prove ill-treatment, and get a proper separation order?"

[Thp child must be very yuins, and. therefore, in rtie absence of serious misconduct, would be given Into the custody of the wife. The ouly way for the wife to enforce the payment of maintenance by the husban-d is hy an order from rhe Court. If ■the wife can prove cruelly she will he entitled to an order.] DAVIT writps; "A permn, pnys to a canrasspr -one year's subscription to a monthly magazine (N.Z.i in advance. No mention Is made about spuding the monthly after the 12 months' subscription is up. Six years after the proprietors present an account for five years' subscription. The paper was received all the time. Am I liable fo-r '"THIS account? T did not require the paper after the 1:1 months was up. but of course never returned it. or sent any notification cancelling supply."

[Although Hie publisher of the periodical has 'been negligent Iα not sealing In his earlier. I ,-mi of opinion that Davit wllT'nave. to pay. 'ITis duty was to refuse him: but bavlnc taken it and used it, lie must p-ay for it.]

GRIEVED has my sympathy. Tf. however. The house Is in the father's name alone lie could not he prevented from mortgaging it. Still. Urievpd eoulil make It very difficult for him to borrow on it. if she made a point of laying the whole of the circumstances before liny lender her father approached in the matter. Decidedly such a man ought to be prohibited, pension or no pension. R.A.—(l) Yes. (2) Yes. R.A.B.—The matter is aetionahlp if lib.-l-•loiis. I cannot deckle whether it is libellous or not without seeing the caricature and the writing on it.

MODERATE.—This question is not very clear. If Moderate means may the publican give him a glass of beer mi Sunday the answer is "Yes." If he menus may the publican sell him a glass of beer on Sunday the answer is •■No."

OLD SUBSCRIBER writes:- "I should be pleased If you would kindly let nip know what steps can be taken in the following:—My neighbour has two sow pigs with litters, of young pigs. They are apparently starving, and. in consequence, trespass on my property. motIng up the soil. They are an absolute pest, and remonstrance with the owner has no effect. By answering the above you will oblige.

[The Impounding Act gives Old Subscriber the right to destroy his neighbour's pigs found trespassing on his land, if It is ft'nced and in cultivation or in artitici.il grass. Before taking this stop, however, he should Inquire- of the clerk of the loral authority to discover if there Is a resolution on their minutes to the effect that this power has been vetoed In his district, as it may be. Having destroyed the pigs, he -must,- wkhin '24 hours, send to their owner a. wrQten "notice describing the pigs, anil fne place where they were destroyed. If his neighbour wishes to remove the carcases be may do so within forty-eight hours after their death. After that time Old Subscriber must bury them. lie is not entitled to make any use <>f them.]

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LEGAL INQUIRY COLUMN. Auckland Star, Volume XL, Issue 83, 7 April 1909

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