LEGAL INQUIRY COLUMN.

Auckland Star, Volume XLI, Issue 170, 20 July 1910, Page 9

LEGAL INQUIRY COLUMN.

CONDUCTED BY A BARKISTER-AT-LAW. ELLEKSHE.-(1) A child under 21 can co.nirnct a legal marriage without his or her parents' consent, but only by making a false declaration, which is a criminal offence. (:!) A parent may make any rule he or she likes for the government of the family and home, and the children must obey. Of course, those who are of sufficient years to look after themselves may find a home elsewhere if they are uo longer willing to be guided by their pareuts; out oven; then, if they are under 21, the Court may order that they shall back into their parents' custody if the sarrouudings in which they live are .I'eu'imental to them. (3) The probability is that a parent is not responsible for the tltbts i'or necessaries of children f-l.der 21, but it IS a point which has iiot been fuliy decided. For tilings which are not necessaries, the parent Is clearly not responsible.

C.F.B.—A joint stock company may be appointed as attorney for another person, both iii New Zealand and iv England. I would not appoint an oUicsr of a company in his official capcity \\ !thout iiiimiiig him. You could get tbe name from the London Directory, .au.i, if uot, you could get it by cable. JUSTICE.—You cannot compel your neighbour to remove trees to let the sun- and air on to your property;' but if the trees actually encroach ou or over your property, you may sue your neighbour lor damages. E.-RJM.—A property owner (A) cannot compel a neighbour to keep open drains over his land for his (A's) convenience. A's simplest remedy is to get. his neighbour to allow him to clean them out at his own expense. GUBBKNO.—You may insist upon your neighbour's hedge being cut If It is encroaching on your ground. INNOCENT.—The boy will have to come to Auckland fojr trial. He may get sub'poenjis i'or his witnesses, and need not trouble about their expenses, if, as you say, the charge is a serious oue, you should consult a solicitor.

"WORRIED.—You should refuse to give up the child, and take care she is not kidnapped by the parent. If you retain her, the parents' only remedy is by a Supreme Court action, and, under the circumstances, the Court would most probably refuse to order you to surrender the child. P.B.—Your neighbour did wrong in planting the trees without your conse.it, aud you may cut them down. If you do not care to do that, you may pmsecute iim in the Police Court if you c'.o it without delay. NEW CHUM. —You may cut away the roots and branches of your neighbour's willows as far as your own boundary, and charge him with, tire cost of so doing. You may further sue for any damage the trees have caused you. The law dealing with such matters is not to he found in Acts of Parliament; only a very small portion of our law is Statute law.

X.XL—No, you are quite free to experiment as much as you please. The more boyes spend their time in such matters the better it is for the whole community.

POLL.EE.—Ton caiinot compel your neighbour to alter the fence when you have agreed to it and left it without objection for a year. The Fencing Act makes no distinction between feuces in boroughs and other fences. If your timber contract was fully made you may claim damages for its breach. If the second firm undertook to deliver your timber they are responsible for damage caused in carriage, but not unless. INQUIKBB.—If the live fence Is on the boundary your neighbour cannot compel you to erect a new fence. If, however, the live fence is entirely within liis own boundary you bave no claim to it, and must fence if he insists. Yon may claim damages for the injuries to the house by the overhanging trees, but you c:\tiiiot compel the actual rciuovjil of trees that no longer encroach on or over your property. VEXED. —You could not make your landlord pay the cost of your removal made necessary in consequence of his selling the property, even under the somewhat special circumstances you mention. PERPLEXED.—You are quite justified in refusing to pay for the stove, and your easiest way out of the difficulty is simply to refuse to argue with the vendor about it. He will not sue you, and, if he does, he will fall. BRIIMJE..—I think your query was answered at the time you mention. If not, another referring to the same matter was. The local authority is not responsible for damages caused to your gig through the non-repair of a bridge. TROUBLE.—Tour only remedy Is to sue the man for damages, but the case Is one for counsel if it is taken into Court. It is not one you could conduct nloue with success. M.J..T.—Have the land surveyed, and sell each niece separately. The purchaser s solicitors will sec that their clients get a good title. TAKEN IN.—The best thing under the circumstances is to accept the loss, anjj not to make It worse by legal proceedings. It will pay you handsomely in thp end if you let it serve as a lesson never to' buy' sucli things as spectacles from hawkers,