LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXI, Issue 227, 25 September 1930, Page 21

LEGAL INQUIRY COLUMN.

1 (By BARRISTER-AT-LAW.) [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, anil i replies will be inserted with the least : possible delay.] PERPLEXED. —You would not be guilty of Digamy, but if your first husband actually-was alive your second marriage would be a nullity, and any children illegitimate. I.X.L.—On the bare facts you mention B cannot compel A to lay the area down in grass. NIL DESPEKANDUM. —The cost would be about one guinea. SUBSCRIBER.—You must give notice of the sale to the Town Board. If you have not thus had your name removed from the rate book, you are still liable . for the rates. MAHOK.— (1) There are several types of fence mentioned in the Fencing Act. (2) Your neighbour had no right to take your plants, but it is too late to ; object now. (3) The fence should be erected on the true boundary. The recipient of a notice to fence has 21 days in which to lodge his objection or cross notice. SHAREHOLDER. —You are liable for the calls. You should endeavour to sell the shares. ACCESS.—You are liable for rates as occupier. The rate will be proportioned to the value. ANXIOUS CANADIAN. —Your father is hot eligible for the pension yet. B.A.—lf you cannot prevail on the Town Board to review its decision, any person who will suffer damage or fears that he will suffer damnge may take action in the Supreme Court to restrain the proposed activities. It will be necessary to prove beyond all doubt that the factory will prove a nuisance to adjacent residents. TRAPS. —If the traps were seized without a warrant from the Court and not as a distress for rent due, you may take action for damages for wrongful 'seizure. You are entitled to the value of the goods seized. HARD UP.—(l) If you can do the work yourself there is no need to employ a solicitor, but your letter makes it clear, that you could not "do it. (2) Government departments do not undertake the work you mention. You might just as well expect the Registrar of Deaths to act as audertakor. (3) The buyer pays the duty, which would be £3 6/. E.S.—You must make your claim within 12 months unless tin; erection was placed on your property illegally in the first place. OLD SUBSCRIBER.—The. Act is a dead letter in that it applies only to those dwellings which have by special application been kept subject to its provisions. Apart from the Act there are no restrictions and you have no right to any refund. CONSTANT READER.—You should endea- ; your or even insist on the father paying the costs,' which should not exceed £5. A.S.—The change in the system of rating undoubtedly works hardship. You had a chance of appealing against your valuation, but apparently missed it. The mortgagee is entitled to pay the rates and charge them up to you, as he has done in this case. That is the only way in which he can hand the property free of rates to a buyer. SUBSCRIBER 30 YEARS.—It is only waste of money to insure for more than the property is worth, as the insurance company is bound merely to pay the amount of loss, which can never be' more' than the property is worth.' Accept the reduction by all means.

WlDOW.—Second mortgages are not easily raised. You should try one or two solicitors, who may be able to arrange the matter for you. HORI. — (1) You must be prepared to pay costs in the first place at least. You ■may or may not succeed in obtaining an order for payment of costs out of the estate. (2) If you do not care to face the expense you may take no action, but simply keep possession' of the children and. leave the other parties to commence proceedings if they wish.