LEGAL INQUIRY COLUMN.

Auckland Star, Volume XLI, Issue 70, 23 March 1910, Page 9

LEGAL INQUIRY COLUMN.

CONDUCTED BY A BARRISTER-AT-I.AW. Letters of iuquiiy will be answered every Wednesuay in ink. column. As tar as possible they will be dealt with in the order iv which they are received, aud replies will be inserted with the least possible delay. In order to derive the greatest advantage from this column, correspondents should give 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 ensure accuracy. Answers are based absolutely oa the information given, and therefore, iv 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 ot inquiry, as well as their true names. To address simply ••Auckland," Is net sufficient. C.B.—lf your husband has deserted you and your child, your friends could legally adopt the child without your husband's consent. Your own" consent would, of course, be necessary, but in the circumstances that would suffice. P. McK.— servants' registry office keeper may, of course, charge fees for engaging workers for farmers. All registry otlice keepers must now be licensed, and must keep posted up in their offices a printed copy of the scale of fees prescribed from time to time by the Government. BARROW.—A promissory note for £100 . requires a 2/ stamp. MELROSE;—The only persons at all likely to be responsible are A and C I think the occasion when A made Ms statement was a privileged occasion, which leaves C only. If it can be proved that C has made 'the statement on a non-privileged occasion, he may be sued for damages. The statement of X in the witness-box is absolutely privileged. IGNORANCE.— the agreement is binding and the money is recoverable, you may sue in the Magistrate's Court nearest to the place where 'the agreement was made. Yon will be allowed a solicitor's fee for the hearing and for the preparing of the summons only. It may be sufficient or not, according to the amount of time and trouble the case demands. HUMANE.— persons are not liable 'to prosecution if in shooting the birds no cruelty takes place beyond killing them in the quickest way possible under the ci reams lances. AJAX-.The second mortgagee (C) became first mortgagee on the payment of B's bill of sale. C was also secured (providing his documents were in order) for all advances 'to the date of the loan by D. D should at once notify C. of his CD 'si mortgage, and C will then be effectually prevented from adding subsequent further charges to his original debt in priority to D 's claim. B.S. — purchaser of land purchases every plant rooted in the soil of the land, j Therefore, your vendor, after comple-! tion, is not at liberty to remove any plants against your will, and may be sued for damages for so doing. S.S.—(l) You are quite safe in removing all timber from country roads, if it has been sold to you by the County Council. (2) If you cannot find the owner of the unoccupied land adjoining you, and he has no agent, you may serve your fencing notice by publishing a copy once in a paper circulating in the neighbourhood of the land, and affixing a copy of the notice on a conspicuous part of such land. If you drove a stake into the soil, and affixed the notice to the stake that would suffice for the lattor part of the requirements. Having taken these precautions, you may claim the half cost of the fencing when the opportunity occurs. OMEGA.- Your case is a very hard cne, but 1 should have to know more of the circumstances under -which the words were uttered before I could say that the defamation is criminal. MISS N. — Yes, you may sell the garments made for your customer and not claimed, but you must observe the following conditions:—The sale must be by auction. One week's notice of the sale must be given by advertisement in a paper published in the locality in which the .work was (lone, stating the name of the person indebted, the amount of the debt, a description of the articles to be sold, the time and place of sale, and the name of the auctioneer. A similar notice, in writing, must be.left at the last known place of residence (if any) of the owner of the articles, if he is resident in the locality in which the work was given out to be done. The proceeds of the sale must be applied in payment of the amount due and the costs of advertising and sale, and any surplus must be paid over to the clerk of the Magistrate's Court at or nearest to the place of sale. The latter will hold it for the person entitled to it. X, writes: — "I brought away another man's valuable horse from East Coast, taking it out of 'his paddock, without his leave or knowledge. This was six ■months ago, and I have used the horse ever since. Can I be prosecuted for theft? [You may be prosecuted for theft, and you would be convicted, unless you could show that you had some claim to the apimai, and that you did not intend to deprive the owner of it__ttdjca_„_t_lai__y.Q_r j_aujTrte__oa.oX.it4 ~ - ■ ■ i

H.B. writes:—"A borrows a sum of money on freehold security, and it is not necessary or probable that outside labour of any description will be employed thereon. Is it, under the circtrmstances, compulsory at law that A shall take out employee's insurance policy to protect holder of mortgage, and, if so. doe? the said policy insure owner of property against accidents, pte, on the same lines as an employee? [The policy ie necessary in the present state of the law, but it protects nobody but EXQTJTBER writes:—"Can a step-father-force a yoong woman of It) years of age to leave a respectable situation in which she is perfectly happy, to go home, when she is very unwilling to do so?" [Mo, a step-danshter of that age may not he interfered with by her step-father against her win.] ALPHA.—[f the repairs ronr landlord covenanted to do are persistently lefr undone, yon have two methods of proceeding. One is to sue the landlord for damages, and the other Is to do the repairs yourself, and deduct the cost from the rent. Before doing anything, however, it la necessary to (rive notice to the landlord of the work that is required.