LEGAL INQUIRY.

Auckland Star, Volume LIX, Issue 204, 29 August 1928, Page 16

LEGAL INQUIRY.

Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with in the order in which they are received, and replies will be Inserted with the least possible delay. INTERESTED. —The uiaxlmium for a town board is 2d in (he £ on the capital value. M.L.C. —The honorarium is now £".15 per year. SUBURBANITE. —You are not entitled to enter on your neighbour's property without his permission. It would be unwise to threaten. Your only remedy is to sue for damage done. A.0.8. —Your other property will be available for the payment of the deficiency. The creditor must first sue and obtain judgment before he can sell your other assets. It will depend on the documents whether the mortgagee or the man from whom yon bought can sue, but one will certainly be entitled to do so. O.M.L.— (1 and 2) The board's by laws will cover the points you raise. (;{ and 4) Without knowing the full contents of your lease it would be impossible to advise. Send me a copy of the lease. It is not likely that your landlord's breach of the by laws will affect your rights or help you in your difficulty with liim. OWXKR.—You should ask for a detailed bill of costs and have it taxed if you think it unreasonable. If you can show that the payment made was agreed on as the full charge you could successfully defend any claim for more. You could not counterclaim on the grounds you allege, as that would amount to trying the case again, and to succeed you would have to prove the decision was wrong, a position which the law will not allow the courts to be placed in. AVONDALE.—You were merely entitled to compensation. It is quite possible that the time has now passed for applying. HARD HIT.—You are entitled to compensation. The authority to lay pipes on private property is conferred by statute, and is given to all local bodies. D.B. (Otahuhu).—Your neighbour cannot be prevented from doing as he is, but he alone will be liable for any damage caused as a result of his activities. A.K.—You have no remedy.—You may. however, cut back any branches overhanging the boundary. J. B.—l do not think the police would take the matter up. You appear to be entitled to the engine, and should now sue the person retaining it for possession and damages for its detention. As damages you would doubtless be awarded the expense you have beeu put to so far. EXASPERATED.—It is an offence to lay poison in a borough or city. BIRMINGHAM.—It is more satisfactory to employ a local solicitor, who wili in turn instruct his London agent to make the necessary search. The officials themselves are under no obligation to comply with your request. ARRY-STOT.—Provided there are fifty householders within an area of two square miles a petition may be presented to the Governor-in-Council to have the area proclaimed a town district. PUZZLED.—You cannot be compelled to pay the costs claimed. MONEY IN CHANCERY.—The next of kin are entitled. You should first ascertain who are the nast of kin. To substantiate your claim you must prove that no persons are more closely related than you are.