INQUIRERS' CORNER

NZ Truth, Issue 1035, 26 September 1925, Page 24

INQUIRERS' CORNER

I (Conducted by "INTERPRETER.") 3 Answers will bo published as early as possible after re- | ceipt of questions. All letters to. be addressed, "Interpreter," 4 c/o "Truth," Manners Street, Wellington. While taking no i responsibility for any answer given m these columns, every 3 endeavor will be made to see that they are absolutely cortj i-ect. Answers to legal queries must be accepted merely as a guide as to whether or not it is worth while going to the 3 expense of placing matters inquired about m the hands of a § solicitor for further action. No replies can be made by post. '4 Inquirers must write m ink.

Legal : Q.: (1) What arc the total costs of adoption proceedings? (2) Does child retain its father's name after adoption ?— "L. A." (Kakahi). A- (1) Depends on work involved, varying from five to eight guineas plus fees (2) Yes, and adds the surname of the adopting parents. Q : (1) What obligation is an incorporated or registered society under to conduct itself according to its registered constitution and rules? W) What would be the best and cheapest course to pursue m order to compel a society, operating under a Private Act, with rules, etc., made under that Act. which has set aside these rules ana substituted rules and functions provided for by that Act, to function, m accordance with the provisions oi that Act?— "A.B.C." (Petone). A • (1) It must act according to the rules. (2) You could place the matter before the Registrar of Friendly Societies and he would obtain the opinion of the revising barrister for you. The Registrar would then probably be prepared to call upon the society to conform to the Act under which it is constituted. Q.: A, a carter, is instructed by B, a builder, to fill m a section upon which B was to build a house for C. As soon as A had completed his job, B and C had a dispute and another builder was engaged by C. A has sent his account to B who refuses to pay it, as also does C. Who can A sue for the amount of the account?— " Carter" (St. Kilda). A.: A should sue the person from whom he received the instructions to do the work., Q.: Inquirer put 5 head of cattle to graze with a farmer and after five months one was found to be missing. The farmer could not account for its absence.. Inquirer paid grazing fees before he knew it was missing. The fence surrounding the paddock m which the cattle had been placed was m a very bad state of repair. Can inquirer recover the value of cattle lost and the grazing fee m respect thereof? —"Constant Reader" (Oamaru). A.: Your claim would have to be based on negligence. You would, to succeed, have to prove a duty to take care and: a breach of that duty. The contract of grazing, m the absence of agreement* does not ordinarily cast upon the letter the implied duty of watching the cattle. On the whole you would not be likely to succeed. Q.: The road bounding inquirer's property has been so graded that m the rainy season the surface water runs from the road on to inquirer's property and then accumulates m a depression. Has inquirer any claim for damages against the Borough Council?— "W.F." (Greymouth). A.: The ordinary rule is that anyone who concentrates the flow of water on to his neighbor's land so as to cause damage is liable but it does not follow that the local authority is responsible. Sufficient facts are not stated to. determine whether the claim ought to be under the Public Works Act as for land injuriously affected m which case the claim ought to be brought within one year from the execution of the work or whether there is a claim for negligence. „Q.: Dairy farmer advertised m local paper that all dogs trespassing' on his land would be shot. Twelve months later he shot a valuable cattle dog which was trespassing after a slut but doing no damage. Is he . liable m damages to owner of dog?—"lnterested" (Waikato). , . A.: To shoot . another man's dog without legal justification is an actionable wrong at common law whether the owner advertises or not. Here the farmer certainly did an unneighborly act m killing the dog but he may justify himself under section 26 of the Dogs Registration Act which says that the owner; of any cattle or sheep may destroy any dog running at large amongst such cattle or sheep. It would be a question of fact for the Magistrate whether this dog could be said to be running at large, amongst the cattle. Q.: Are returned soldiers who drew land m the land ballot liable ■ for. land tax? — "Constant Reader" (Port Levy). A.: Returned soldiers are not exempt from the tax. Q.: (1) What are the legal costs on a bill of sale for £250 over stock? (2) What would be the costs of discharging same? — "Reltas" (Hawera). A.: (1) Depends on length of copy to file and. schedules, but not less than £5 5s exclusive of disbursements. (2) About £2 2s. Q.: Is a motor truck which is hired to the Public Works Department and doing nothing but Public Works carting liable under the City Council's heavy .traffic by-laws? I—"Truck1 — "Truck Owner" (Ponsonby). v • A.: You must refer to the by-laws. In the ordinary course, the ownership of the vehicle settles the* matter. The Municipal Corporations Act, 1920, gives power, to a Council to make heavy traffic by-laws and does not specify any exemptions. ■ ■ , • Q.: A. has held a registered bill , of sale over Bs stock and chattels for 2 years. B will probably file m bankruptcy. Would it be legal for B to hold a clearing sale and with proceeds pay off the bill of sale one month prior to his filing? — "Farmer" (Okahukura)'. A.: lie can sell the chattels only with the consent of the bill of sale holder to whom he must account for the proceeds. The amount owing under the bill of sale plus interest, .etc., would be paid to the lender out of the proceeds. You are quite at liberty, subject as above, to sell at any time prior to filing-. , General: Q.: Can inquirer compel neighbor to cut his, hedge down to a reasonable height, as at present it is so high that it is shading inquirer's house? — : "J.M.WV" (Johnsonville). A;:.. There is no law enabling you to have the height, of your neighbor's trees reduced, but you can have the trees c\it back to the boundary.' Q.: Is the owner, who is not the licensee, of licensed premises entitled to be on the licensed premises all day Sunday? — "Dingbat" (Westland). A.: He can stay around the premises so, long as his presence is not a violation of the Licensing Act. An owner' has no special privileges m the matter:. • Q.: : Inquirer purchased a section adjoining a section owned by the vendor. Inquirer wishes to erect a dividing fence, but cannot find the survey pegs. Should not the vendor pay the surveying expenses ?— " Puzzled" (Dunedin). ' A.: On the transfer of land it' is the duty. of the vendor to pay for any survey necessary to define the boundaries of 'the tend sold. If the land has not yet been transferred the vendor should therefore pay for the.survey; if it has, then the survey is part

of the cost of the fence and must be met by the parties m equal shares. Q.: A canvasser for orders for a certain book called upon inquirer who signed an order for a copy of the book, but paid no deposit. Inquirer later wrote cancelling the order, but received no direct reply. Can inquirer be compelled to accept delivery of the book?— "J.O'N." (Invercargill). A.: You should teend the copy of the order for perusal as this has an important bearing on the matter. The order and the binding must be m the form -prescribed. by the Statute. Q.: Is it legally necessary for a weekly boarder to give one week's notice before leaving a private or public boardmghouse? — "Boarder" (Wellington). A.: Reasonable notice only need be given unless the agreement for board and lodging provided that longer notice should be given. "What constitutes reasonable notice is a question to be answered according to the facts of each particular case. Q.: (1) Should a projectionist refuse to screen local films which are not accompanied by the censor's certificate? (2) Does the projectionist's responsibility cease as soon as the manager is informed that the films are not censored? — "Projectionist" , (Wellington). A.: (1)' Section 7 of the Kinema Film Censorship Act, 1916, imposes a fine up to £50 on any person who exhibits a film which has not been approved by the censor. Consequently if you break this law you are personally liable. (2) You are responsible if you take part m the exhibition of the film. Q.: Inquirer signed an order for a copy of a certain publication which is to be delivered m November. She paid no deposit.. She later found that she could not afford the book and wrote to publishing company cancelling her order, which the company will not do. Is she bound to accept delivery of the book? — "Constant Reader" (Westport) and "Book" (Invercargill). A.: As the contract note or order conforms to the requirements of the Book Purchasers' Protection law you are bound to take delivery and pay the price. Q.: Who should supply the stamp for a receipt, the person giving the receipt or the person paying the money? — "Dick" (Newtown). A.: The Act says that the stamp shall be affixed and cancelled by the person giving the receipt. Consequently the person giving the receipt is _ ( under an obligation to provide the necessary stamp. Q.: Both wife and tradesman ignore husband's instructions not to book up goods. ; Is husband liable for the cost of goods so booked? — "Caution" (Chrlstchurch). A.: The presumption of a wife's authority to pledge her husband's credit is only one of fact based on cohabitation and may be rebutted. In your case you notified both wife and tradesman and you are not liable. Q.: A (Jrain runs alongside a dividing fence between A's and Bs land, on Bs side of the fence. Can A compel B to clean half of the ditch whether B turns water into it or not? — "Inquirer" (Greenpark). A.: Under part 10 of the Land Drainage Act 1908, A can m writing 1 call on B to cJean the drain only if B had*the drain made. If the drain was made for A's benefit, A must clean it out. Successors m title are equally affected. Q.: (1) Can parents of a girl nearly riinetee/i years of age who has been earning her own living prevent her from seeking employment elsewhere, and if girl does leave home, can parent compel her to return? (2) Can she obtain the consent of a Judge of the Supreme Court to her marriage, and what would be the cost of such proceedings ? — "Anxious" (Hamilton) . A.: (1) As long as the girl can earn her own living and behaves properly so that the guidance or control of her parents is not required, she can leave home and seek for employment. (2) She can ask for it if her parents unreasonably refuse. The costs, say, £5 ss. ...■■■ Replies m Brief: "W.L." (Pirinoa): Too wholesale an order. — '"Tails a Pair" (Tirohia): Reopening the matter is not likely to help you. [Owing to the wide use that is being made of this column, by our many subscribers we are compelled to hold over a number of answers from week to week. All questions will be answered as far as possible m rotation of receipt. Frivolities and questions not nf general interpst will not be answered.— Ed. "Truth."]