LEGAL INQUIRY.

Auckland Star, Volume LX, Issue 221, 18 September 1929, Page 17

LEGAL INQUIRY.

(By A BARRISTER-AT-LAW.) [Letters of inquiry win tie 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 bo inserted with the least possible delay.] XORTHCOTE. —Your earning capacity has not been affected, so you are not entitled to compensation, and less still to damages. . STOCK INQUIRY —If you can prove negligence, you ore entitled to look to the owner of the paddock for damages, which will be the value of the animal. Rather than attempt to force him, it would be better to try to recover the animal, and resort to law if you fail to trace it. M.S. —The treatment is unusual, and there are many who would call it cruel, nnd a magistrate would quite likely take this view. If, however, the animal Is apparently contented, and you are yourself satisfied that the treatment is not cruel, you may as well have the courage of your convictions and continue the treatment. It is less cruel than confinement of wild animals in zoos. , ANXIOUS. —(1) The tennne was probably justified in taking prompt action where delay would have Tieen serious. He is responsible to the tradesman, and you are responsible to the tenant. (2) In this case there was ho urgency, and you could not be forced to pay. On the other hand you have benefited by the-work, and are thus morally responsible, though you should have been consulted. EXASPERATED. —Your rights depend 'on whether your fence is sufficient in law. Write again, giving a short description of the fence. DELTA.—The landlord should pay. Tf the Inndlbrd refuses to pay, the tenant may remove the fitting when he leaves, replacing the old one in position. S.E.L.B. — (1) You should sue for use and occupation and for possession of the house and put in a tenant who will pay. (2) In the circumstances I do not think your father will have to, pay maintenance, KKTURXED SOLDIER.—The consent of the Attorney-General, given on (lie recommendation of a magistrate, is required before your mortgagee may exercise his power of sale. As you have so much at stake, you would be wise to make every effort to meet the liability as soon as possible. Your mortgagee is entitled to sue but not to sell.

E.R.—Without knowing the terms of the original hire purchase agreement, it is impossible to advise whether you are liable for the interest or not. If the agreement does not provide for the payment it cannot he legally claimed. MOTHER. —The boy 1h entitled to his wages so long as tho injury prevents him from working, and also so long as his employer keeps him on. As his wage is so low he is entitled to full wages and not merely two-thirds. MOD.—As regards past rating years you have lost your right to a rebate of one-half rates because you have not given notice in the prescribed manner. If your house remains unoccupied until after the Ist of October, give notice to the council, informing them that from the Ist April to the date of your notice the house has been unoccupied, and that you claim a rebate of one-hnlf your rates, or if you have not paid them, pay one-half only on or after giving the notice.