LEGAL INQUIRY COLUMN-

Auckland Star, Volume XLIV, Issue 78, 2 April 1913, Page 2

LEGAL INQUIRY COLUMN-

BY A BABUISTEK-AT-LAW. Letter* of inquiry will te aaeweies every Weaxesdaj .in Uiis column. As far iut poisLbie they will he dealt with in the order in which they are received, sod replies will 0* inserted with the least possible delay. . In order to derive tUe greatest advantage from this -column, correspondents should give full particulars of the facts uucu wJiicii they desire advice. Whatever the tletalls supplied, however, no respoiieibiUty can be accepted tor errois, in whatever way arising, though, every effort will be made to ensure .accuracy. Answers nr» based absolutely ou tbe information given, »nu therefore, in all instauces. can only ua applied to Uie specific cane dealt with.

OTOBANG-A.—The man cannot stop you taking the log unless he U autuorineU by the UovemuiL'Ut to do so, which; oi r course, is most unlikely. T.J.P.—<l) If a man owes a debt which he refuses to pay, aud puts his creditor to the expense of obtaining, legal ais6i-.it--ance, he is the proper person to pay for that assistance, though, in the present state of the law, it is not In every case recoverable from him. l 2) Kvury borrower ou mortgage has to Insure the' lender against the loss of hie security by reason of an accldeut to workmen on. tbe property, aud the charge made against you is "quite legal. BLACK DJAMOND.—It is quite possible .. that your brother's will may .be good enough to pass his property to the benelielary named, if -not, it will go .to your father, and nothing you caii Uo ' will prevent his recovering It If it remains intact when the time comes. Until he regains hie freedom, however, the Public Trustee will not pay it over to his solicitor. If your mother isentitled to maintenance from your father, and she is not receiving It, she could got an order to attach portion of your brother's estate to satisfy claims for moneys due to her by your father. Of course, this will apply only if your father is actually entitled to your brother's property through the failure of the wia. WAINGARO.— (I) Unless the neighbour cnn .give you proof of the. fact that tiie previous trustee promised to put up the bom-) would do the back haif. It is your duty as a trustee to refuse to comply witn his request, and be caunot force you to do so. (2) Get your co-trustee to give you an authority to uplift all the documents, and then take it to the solicitor, and insist upon having them. A.S.—Such a person is liable to prosecution. INQUIRER.—A tenant may be sued for any damage done to a house by him during hi* occupation. WORKMAN.—If your father did not join in the order to the mason for the stone the latter has no legal. claim •on him. Al» your father need do in the matter is to tell the mason that he w'w him nothing. CRISPDS.—<I) It is not true that a girl of 19 caunot marry without tbe consent of her father or other legal guardian, but she must have either that consent or an order- from a Supreme Court judge dispensing vvith it. Iv the case o£ a good steady girl earning her own living, and a worthless cadging father, there would, I think, be no ditncuity lv getting a judge's consent, (b) A divorced person may now remarry immediately after the pronouncing of the • decree absolute. MORTGA-G-eI—A second mortgage should be registered. The cost ie no less tlmn that of a first mortgage for a similar Sum. Solicitors have not a free hand in the matter of. their charges. Any client feeling afgrleved" may have his bill taxed .by the Registrar of the - bupreme Court, who Is empowered to disuliow anything chargjed in excess ox a fair price for l!ie work done. VULCAN.—I know of no snch Act as you mention. I do not think any registration is necessary. STOKER.—A permit to act as a quarry msoiager or foreman is granted by the inspector appointed under the Act. The inspector, however cannot grant such a permit unless the applicant satisfies him that he (the applicant) has had two years' experience in quarrying, ana hae a sufficient knowledge of the use of explosives. Snch a man as you mention would not b.e entitled to act as foreman unless he was ao employed in a quarry prior to the Ost April, 1811.