LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIV, Issue 205, 31 August 1933, Page 22

LEGAL INQUIRY COLUMN.

(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, and replies will be inserted with, the least possible delay.]

HEDGE. —With the consent in writing o£ the adjoining occupier you may plant a hedge on or alongside of the boundary. Without his consent you must not do so. You would be liable for damage done by poison. FARMLET. —If the lease is under the provisions of the Mortgagors Keli.f Act you will have to give the lessee notice before exercising the rights conferred upon you by the lease. You should take all documents to your solicitor, and he will take the necessary steps. The Act in question makes it impossible to advise you "whether jou can insist upon your full rent or whether you may take possession, because the tenant has a right to apply for relief, which, if granted, modifies your rights to an extent which the Court decides. STUNG. — (1) You apparently insisted upon the inclusion of article No. 1 111 the sale, and may sue for it or its value. The other articles you did not bu>, though apparently the seller was prepared to include them. (2) You may sue for the money lent. (3) The dealer is, of course, bound to account to the seller for the whole price, and any of the unsold goods. He cannot keep them. PENSION. —You may save or spend the pension as you please. It is only in the event of you accumulating assets of the value of over £50, not including your home and furniture, that 3 oui pension will be reduced. WORRIED. —You could have had -the judgment set aside if it was obtained at a date earlier than the day named in the summons. If you satisfy the council s solicitors of the error, they will probably waive the costs. As to the new demand, pay what you can when you can. MIDDLETON. —Each case is dealt with on its merits. If you pay the debts you will have only £15 to account for, and that will not affect your position. A T The rent you should now be paying 'is 4-sths of the rent which would have been charged had the place been let to you in January, 1930. WORRIED. —(1) The child may take any name he pleases, preferably his mother's. (2) The mother has the best right to the child, but in deciding such matters the Court considers what is best for the child. DIGGER. —Your letter is not quite sufficient as a notice under the Fencing Act. _ If a proper notice is given your neighbour must object to it within 1,1 days and if he does not object lie is deemed to have agreed to pay half the cost of the fence specified in your notice. NORTH AUCKLAND. —A judgment for rates may be enforced in the same manner as any other judgment, such as by seizure and sale of stock. All you can do is to place your position before the local authority and ask for time.

L. if any accident occurred it would bo necessary for you to prove that the notice was read by the injured party. If the notice is in a conspicuous position it would be difficult for the other party to deny that he had seen It. TEETH. —You should refuse to pay any more until you get satisfaction. If you never get satisfaction you could sue for a return of part at least of the moneys paid. SHARES.—I cannot advise as to the rights of shareholders unless you supply a copy of the company's articles, and memorandum of association. Write again and repeat your question. BUSH HAND. —Yours Is not a question of law. GROUND RENT.—As from December last the rent should be 4-sths of the rent that would have been charged if the lease had been made In January, 1030. Probably you are entitled to 110 reduction. FAIRPLAY. —A copy of the agreement would enable me to give you a definite answer: On your statement of wlint it contained, I would say that it is binding and is the only bargain that can be insisted upon. You could sue for £10 damages for breach of the agreement. H.P.—Much of the law of landlord and tenant is case-law, and is not contained in any Act of Parliament. There are dozens of Acts, both of the New Zealand and Imperial Parliament which contain provisions affecting the law of landlord and tenant, and no one Act deals comprehensively with the subject. X.Y.Z.—(I) A man is liable for the maintenance of his wife's children. 110 matter whether they are by a former husband or not. (2) There is no definite age. So long as a child maintains himself and keeps good company, he will not be restrained. H.M. — (1) Yes. (2) The answers are not straightforward replies, and can therefore be described as rambling. (3) Only sufficient force should be used to effect the lawful purpose in hand.