LAW QUERIES.

Otago Witness, Issue 3111, 29 October 1913, Page 47

LAW QUERIES.

f Anawered br • Solicitor of the Supremo Court of New Zealand. Letters and Telegrams must b« addressed to “ LEX," c/o Editor, Obago Witness, Dunedin.] \V. P. J. writes:—“A creek runs through jny property, and the neighbour lielow my property has allowed the weeds to accumulate and block the waters of the creek back on to my land. Cun I compel him to remove the weeds from the creek?’’ Answer: JNo. Interested. —A partnership may be constituted between A B and C, notwithstanding l the fact that a written agreement has not been made. B’s death would dissolve the partnership. But the partnership property would belong to A B and C in the shares to which they arc entitled under the verbal agreement for partnership. Dealer.—Before satisfactory advice can be given in the case you mention, it is necessary to see the terms of the contract of sale under which you purchased the animal. If it was a condition of the contract that the animals were free from disease, you would be entitled to succeed in an action for recovery of the loss sustained by you; otherwise you have no remedy. Lexicon. —The summons should have been served on you personally. If the summons was served on your solicitor it would lie his duty to acquaint you of the fact. Possibly you may apply to a justice 'for a rehearing of the information, upon the ground that you have not been served with the summons. Old Subscriber.—c(l) If A is the owner of the house he is entitled to the insurance moneys. (2) Strictly speaking, B can refuse to allow the ruins of the house to be inspected. (3) B can compel A to remove the house. Jack. —If the facts are as stated by you, and there was no implied condition us to the quality of the goods for a particular purpose, you wotdd.be entitled to claim the 10s per bag, provided the goods were of merchantable quality. Unlucky writes:—‘‘l was adopted by my grandmother after my mother’s death. Some time since I left home, and went to service. I am slightly under the ago of 21 years, and my grandmother wishes me to return home. (1) Can she compel me to return homo against my will? (2) Has she power to prevent ms from going to service elsewhere?’’ Answers; (1) and (2) No. Mystery.—You have no claim under the circumstance mentioned by you. Header. —A person may change his surname -without Uw of any authority and

without complying with any formality; bus it is usual for the purpose of evidencing the change to notify the same in some public way. The change of surname is usually evidenced by deed enrolled in the Supreme Court, and also by advertisement. Your best course will be simply to adopt your stepfather’s name until you are 21 years of age. Then you can execute a deed and publicly notify the same if you desire to do so. Subscriber. —The whole of the correspondence would need to be produced for inspection before a satisfactory answer can be given to your question. It is extremely doubtful if you could bind the proposed lessee to the longer period. Perplexed. —(l) A person may alter the spelling of his surname without complying with any formality. (2) jNo. (3) It could not possibly affect his right to an old-age pension. (4) The children could adopt either name. See answer to " Reader ” in this issue. Castle Bock. —You cannot be charged rent under the circumstances narrated by you. Constant Reader—(l) No. (2) Each creditor can act independently of other creditors and issue a distress warrant. (3) The creditor is not obliged to take payment of his debt by instalments, but can demand payment of the whole amount in one sum. Interested. —You will require to obtain the services ol a sobcitor to complete vonr title. There is a scale of charges, which varies in accordance with the value of the property transferred.