LEGAL INQUIRY COLUMN.

Auckland Star, Volume LV, Issue 168, 17 July 1924, Page 13

LEGAL INQUIRY COLUMN.

(r,Y A BARRISTER-AT-LAW.) Letters of inquiry will be answered every week iv this column. As far as possible they will he dealt with in the order in which they are received, and replies will be inserted with the least possible delay. T.S.C.— (1) lam or the opinion that you need pay only for the distance covered. (2) Unless the conditions of sale provide otherwise, neither the vendor nor auctioneer may do so. SUBMERGED.—You would not be Justined in erecting a stop bank, but if a hedge will serve the purpose you might plant one. Your neighbour's written consent Is necessary before planting. You would be justified in putting a stop bank on the drain to prevent It ovcrnowing-. MUCH ANNOYED. —Your remedy is to apply for an injunction rrom the Supreme Court. Get one or two or your neighbours to join in the action, or course, you must prove strictly the assertions you make In your letter, namely, that the district is purely residential, and that the noise ls unreasonable. L.E.C. —Unless you have agreed to pay the aeont commission you are not bound, ir the mortgagor offers you the money take it only on condition that he indemnities you against any claim for commission.

MRS. W.—You must give up the child ir requested; but you may have a claim for maintenance on an agreement expressed or implied to pay for it.A.C.I.—You may petition for divorce and custody of the child, and also for damag-es ag-ainst the co-respondent, ir you succeed the co-respondent will probably be ordered to pay costs, but you will be expected to find some money yourseir. and possibly all until you get some out- of the co-respond-ent. BOUNDARY. —I do not think your neighbour has any legal claim on you. SUBSCRIBER (Owhanfro).—B is liable, but A is not. The document strictly cannot be used as evidence in Court. INQUISITIVE—(I) There is no positive provision for an Increase, but the association win always take up such a case. (2) No compensation ls payable. The pension is continued. ANXIOUS.—I think the Council's powers entitle them to compel you to build the wall. BROWNTOP.—Your case ls not an easy one. There is no positive statement that the seed would produce the amount mentioned. It ls quite a fair inference that the statement made rerers to the whole rarm. To succeed you must prove that the statements were untrue, and that the vendor knew they were untrue. If in any year he took such an amount off he would be well nigh Justified In the statement he makes. A.X.—A promissory note must be stamped. The amount of duty varies with the amount and the kind of note. It ls no better secured than an ordinary

debt. If it is backed, you may make the ?'hacker," or endorser, pay. If the giver of the note does not do so. PRO BONO.—You do not make yourseir clear. ir your neighbour gives you proper notice under the Fencing Act he can compel you to contribute one-half or the cost or the boundary rencc. Until j'ou get a notice you need not trouble. WRONGED. —You may take out a distress warrant.