LAW QUERIES.

Otago Witness, Issue 3101, 20 August 1913, Page 47

LAW QUERIES.

f Answered by a Solicitor of the Supreme Court ol New Zealand. Letters and Telegrams must b® addressed to “ LEX,” e/o Editor, Uwgo Wituess, Dunedin.]

Bush Settler writes:—“l have some bush ready to burn. If 1 give notice to my neighbour of my intention to burn, am I still liable for any damage done? What precautions should my neighbour take after my notice has been served upon him?’’ Answers: You should give notice to your neighbour of your intention to burn; but the mere fact of giving notice to your neighbour will not absolve you from liability if the fire spreads to your neighbour’s property through any negligence on the part of y'ourself, y'our servant, or an independent contractor entrusted with the lighting or custody of the fire. In your own interests you should take every precaution to prevent the fire from spreading to yoftr neighbour’s property. Doubt asks: "Is a half-brother of sufficientability liable to have to contribute to the maintenance of a destitute half-brother?” Answer; Yes. Under “The Destitute Persons Act, 1910,” the term “ near relative ” means, with respect to a legitimate person, his brother (.of the whole or half blood). Adopted. —Apparently you have no claim under the particular circumstances you mention. T. W. G.—(l) It is impossible to advise you in regard to the position of the road in question. Before doing so it would be necessary to ascertain the exact position and condition of the title to the particular road. (2) If the neighbour blocks a natural watercourse and eo causes the adjoining lands to be flooded, he will be liable for the injury sustained thereby. Montaux writes; —“A neighbour of mine planted a hedge over nine years ago without my permission. It is about 18in from my wire boundary fence, and is kept at an average height of about lift. I have asked my neighbour to cut it down, but he declines to do so; in consequence my ground is kept very damp and unhealthy. Can I compel my neighbour to take down or remove the hedge?” —Answer: “The Fencing Act, 1905,” section 26, provides that no person shall, whether for the purpose of making a live fence or not, plant or sow gorse or trees on or alongside any boundary line or fence without the previous written consent of the occupier of the adjoining land. The occupier of the adjoining land may enter on the land and cut down, uproot, or destiny all trees planted or sown in breach of this section, and may recover the cost of so doing from the person who planted or sowed the same. Fence writes;—“l have given the usual legal notice to convert a boundary fence into a rabbit-proof fence. The 21 days have expired, and I have received no objection or reply. Should I proceed with the work or give a fresh notice?’’ Answer: There is no necessity to give a fresh notice. Immediately on the expiry of the 21 days, or at any time within three months thereafter, you may proceed to make or complete the fence, and may at any time thereafter recover from the defaulting party such party’s proportion of the cost of the fence. Pledge. —All articles forfeited on which any' sum above 5s has been lent must be sold by public auction. A notice of the sale, containing a catalogue of the articles, and the time when the same were respectively pledged, must be twice inserted in some newspaper published in the district four days at least before the proposed sale. After payment of principal money and interest and necessary charges of sale, the surplus shall, if claimed within 12 months after sale, be paid on demand to person by whom the articles were pledged, or his representatives. Back-blocker. —You *ar,e not liable to the contractor; but if the contractor employs any workers the contractor and yourself would be jointly and severally liable to pay compensation to such workers. Y'ou would, however, he entitled to be indemnified by the contractor under such circumstances. Interested. —(1) No; you have no claim on the local authority'. (2) No. Pension. —Y'our husband will be deemed to hold half the total net capital value of all the accumulated property of both your husband and yourself. If your legacy exceeds the amount stated in the Act this will disqualify your husband. Y'ou had better narrate the whole circumstances to the local pensions officer, who will advise you in the matter. Trees.— Yon should write the Commissioner of Crown Lands and ask permission to cut down the trees. Wayback. —From your letter it is difficult to ascertain the exact nature of the question you desire to ask. If A and B have paid for the improvements, presumably' they alone are entitled to the benefit of the improvements. If C wishes to share in the benefits of the partnership lie must first bear his quota of the liabilities and expenses of the partnership. Farmer. —If you did not authorise your solicitor to settle for £lO less than the l claim, you are not bound by his settlement.

Country Scrum-:. —You arc correct in your contention. The decision was based upon a report of a recent Supremo Court judgment. The Law Reports (now issued) show that the inferences drawn from the first report of this judgment cannot be sustained. Progenitor. —All the persons mentioned by you. with the exception of the stepsons, would be liable. The stepsons, if adopted by the parent, would also be liable. A. B. C.—(l) There is nothing to prevent the debtor disputing the account; but the fact that he had not disputed your previous statements would tell against the debtor in court. (2) The extras on a contract are matters for arrangement between the debtor and creditor. Cowboy.—lf the guarantee is in order the company can compel you to carry out your agreement. Inquirer and Anxious.—Too late for this issue. Will appear later.