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LEGAL INQUIRY COLUMN., Auckland Star, Volume XL, Issue 88, 14 April 1909
LEGAL INQUIRY COLUMN.
CONDUCTED BY. A BARRISTEE-AT-LAW. Letters of inquiry win 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 this column, correspondents should Sire full particulars of the facts upon which they desire advice. Whatever the details supplied, 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, ana, therefore, in all instances, can only Be applied to the specific case dealt vrita. Every correspondenr must enclose his oher 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 sufccient. LEASEHOLDER writes:—"Can a creditor who gets a verdict in court seize aud have sold a farm held by the debtor, the said farm being lease-in-perpetulty or f!99 years, and. if so. is it only for some particular kinds of debts that - such farm can be sold up, and what Kinds are they?" [I think the action referred to in your covering note must have been heard in" the Police Court, ami in that case the clerk will see to the recovery of the amount of months a leesee's interest in Crown Lujad may be taken in execution in the ordinary -■say. The fact that it is mortgaged would not protect it. Hu~L of course the mortgagee's interest would have to be left intact. This is a matter, however, in which you could not act without legal advice.] MEMO.—Yon may not lawfully shoot the pheasants and quail tbat trouble your garden, except in the appointed season. Of course you need uo lleeuse to do so. AXXIETT tvrites:—"A man dies leaving a small piece of land with cottage upon it.- He-mafcesa willJeaving his widow ; a-ilfe interest in it. At her death it is to*-go to some distent relative of h's own. The widow lives fn the cottage, supporting herself and child (the only issue of the marriage) by music teaching. Abont ten years after the mau's death a small sum of money is left to -- - him, from -quite an unexpected source. Can "the widow claim this money, unil use it for the maintenance of herseli and child, or can the trustee of the ■/r cottage take it from her? She paid all expenses of the claim out of her own earnings. No mention is in the will of anything he may hereafter become entitled to, but only that which he possessed at the time of his death." [I cannot answer this letter satisfactorily ._Biithout_a the ..will, which Anxiety should send to mc. She and the child may ■be" entitled to the' whole of the money coming from the unexpected source. She is aJS* very likely entitled ta some relief under the Testator's Family Maintenance Act The will is a grossly unjust one.] SUBSCRIBER writes:—"l am growing some strawberries, and am greatly annoyed by my neighbour's fowls crossing the road and coming on to the patch. What would be the best means for mc to take to stop the nuisance?'' Jit the ground is fenced with a sufficient fence under the Fencing Act.(which fence, of xbiirse, need not be fowl proof) Subscrlb : er may destroy the birds, preferably by shooting them. I do not recommend poisons, as they are generally more ' dangerous .to the Innocent than the guilty. Having destroyed one or more of the fowls. -Subscriber, must, within 24 hours, notify the owner in writing of tbe fact, describing tHe bird or birds killed, aud the place where. Subscriber must not use the carcases himself, and had better leave them jnst where they were destroyed. If the owner does not claim them within 4S hours of their destruction Subscriber must bury them.]
MAB writes:—"A friend of mine would feel obliged If you would answer the following questions. She was married over 5 years ago, and. after living with her - husband for some months, he deserted her, and she has not heard from him for over three years., or had any money from him. Can she legally marry agak-. or would you state how lons she should wait, if longer?" ■ f Jlab may marry again without danger of being charged with bigamy, when she has not heard from her husband for over seveii years. But if her first husband should prove to be alive the second marriage would be null, and the issue illegitimate. The only safe course to pursue is to procure a divorce before re-marrying.] iABI>IS. —A lodger leaving on his own account is not entitled to have returned to him any portion of his week's board under any circumstances. E.J.W.—Chop the tree down, and use it for firewood, or give your neighbour the opportunity of doing so. F.J.8., being an infant in the eyes of the law, cannot marry without his parents' consent. . F.J.H is not entitled to any of his son's earnings. FARMER writes:—"About sis weeks ago one early morning I found a strange cow with my own: neither brand nor : ' inlnrks of 'anyilnd-iire- visible. I have turned the cow out on the road several times, but she jnst sails through my fences, even breaking posts and levelling fences, and is no sooner out on the road than she is in again. I have made numerous inquiries, but can find I no owner. ITne • damage done to my feDces amounts to-about 35/. Will you please direct mc as to the steps to take to find the owner; also, if I can claim the cost of repairing the fences, as well as grazing?" [Farmer's best course is to take the animal to the pound, and claim from the pound-keeper for grazing and damages. The pound-keeper will advertiee the animal, and if it is not claimed he will sell it to meet his own and Farmer's expenses. If the .animal does not realise enough for both. Farmer will have to go short. To protect h.'mself, he should attend the sale and hid for the cow. He will in that way be able to see that the animal pays for the damage or buy it in cheap himself.] IRISHMAN. —Read your lease, and see if I the right to take land for roads free of cost is reserved to the Crown. RENT writes:—"ln the event of my taking j. a small cottage of from two to four rooms, for my own use as a bachelor on a' lease for ten years, (1) would I r have to pay rates, taxes, or any neces-" sary repairs, or alterations?- (2) Could I leave at any time after giving one week's notice, either verbal or in writing, assuming that I pay my rent weekly? (3) Could I sub-let it after a -time, at slightly,- Increased rent? I understand the chief object of taking a house on a lease is so that the landlord cannot raise the rent on the tenant?" [a) Tes. (2) If you lease for ten years you may leave when yon like, btrt you will :JuiTe:tt> continue to pay the rent for the ten years. (S) Yes.]
LEGAL INQUIRY COLUMN., Auckland Star, Volume XL, Issue 88, 14 April 1909
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