LEGAL INQUIRY COLUMN.

Auckland Star, Volume LV, Issue 306, 26 December 1924, Page 10

LEGAL INQUIRY COLUMN.

(BY A BARRISTER-AT-LAW.) Letters of inquiry Trill be answered "eek In this edumn. As far as possible they will be dealt with in tbe order in α-htfh ihpv are received, and replies will l>e inserted with tlie least possible delay. A.R.—i am doubtful whether the offence of thoft hns been committedfl but your in ighbonr hns committed a breach of t he Stock Act for which he is liable to n penalty. It would seem that " A had b<?<>n negligent in not claiming bis i-trayin" nntmals, and that fact would m.-ike ii difficult for biin to recoTcr damages against " B." E.L.A.— Your neighbour's views are practically correct. If you want an excep--p:<\- more than half. Send In a formal not ire to fence, nnd let your neifrhbour oliji'ct by forwarding a cross notice. If lie doesnot do so he will be. liable for cue half the cost of a fence erected in-cording to your notice. AXXIorS The agent hns earned his commission, and if he insists you will have to pay. 8.8.T,.—1t is always a mistake to take the law into your own hands, except in Rpprful circumstances. If your tenant ilr.es not leave, you should sue for possession. You should not accept rent ncenilng after the expiration of the notice. X.X.— I think it wonld be unwise to spend money on an erection not on your land. It would be better to have a new fence cild one moved. You might write to tin- owner suggesting tbe latter course, as I presume he will not be desirous of having to pay for a new fence when ihere is already one on his property. PATKR.—I do not think it advisable to sue for restitution, jib you would appcflr to have better grounds iv constructive desertion for three years and upwards. At the same time it would be necessary tn have corroborative evidence, and, failing thnf. you would have to fall liack on restitution proceedings. j AUSTKALIA.—Yon may apply yourself to have tin' decree made absolute. See your solicitor. MOHT(iAOK. —I n of the opinion that you cannot exercise your power of sale until .Inly next. J. ll.—You may apply for alimony on petitioning for divorce. VEIUTAS.—The agreement under which you hold the land will contain a provision requlriDg you to insure in the name of the vendor. Strictly tbe land, with all liuildlngs erected on it, is not yours until it is paid for. NEW CHUM. —Your question is too general. Incomes of £:J(iO nnd upwards are taxable, with special exemptions for children and in certain other cases. Husband and wife's incomes are treated separately. WORKER.—The Council may charge for attendance at the Zoo. nnd I do not see to attract a larger attendance, the Municipal Rand plays there. No extra charge is made for the music. I should imagine the public would have grounds for complaint if private bands had the right to charge admission to our opeu spaces. ISAKKI.I,.—If you can draw the document yourself you may do so. but I would not care to recommend such a step.