LAW QUERIES.

Otago Witness, Issue 3197, 23 June 1915, Page 47

LAW QUERIES.

[Answered by a solicitor of the Supreme Court o! New Zealand. Letters and Telegrams must be addressed to “LEX,” c/b Editor, Otago Witness, Dunedin.J

JCevis writes* “A purchases a bouse from B and pays a deposit, and agrees to pay the balance in a certain time. If A goes to the war can B claim the house?” Answer: Before B can resell the house, there must be default in payment by A, and while a state of war exists in Now Zealand B cannot resell the house without the consent of a Judge of tho Supreme Court of New Zealand. Ixquthek writes: “A and B have two adjoining sections situated witliin a borough. There is a statutory dividing fence consisting of palings, but on B’s section close to the paling fence there is a hawthorn hedge, several feet higher than the paling fence. Portion of the hedge overhangs A’s section, and the roots extend some con-

siderable distance into A’s section. Has A any remedy Answer: A has the right to remove the roots and branches of his neighbour's trees so far as they encroach upon his property. X. Y. Z. writes i "(a) A purchases a section from B. Who has to pay the expenses in reference to the transfer of the title deeds ? (b) X, who is in business, Is working on promissory notes with the warehouses. On invoices a note is made that 8 per cent, interest is charged on overdue accounts. When a promissory note is can the warehouse legally charge interest? Answers: (a) The purchaser. (b) Yes. W. T. H. writes; “On July 15, 1914, I wrote to my baker informing him not to supply small goods on credit to my wife, and that I would not pay for same If he did. Credit was still given to my wife for tins class of goods notwithstanding my notice. The baker claims that my wife countermanded my instructions. (1) Has she authority to do .so? (2) Can the baker claim against me for these goods?” Answers: (1) No. (2) No.

Hew Chum. —Under “The Noxious Weeds Act, 1908,” the boundary of A’s land is deemed to extend to the centre of the road, and A miist clear the whole of the laud within such extended boundary. L. A. W. —It is difficult to advise properly in this case without perusing the documents which have been signed by the parties. While a state of war exists in New Zealand B would require to obtain the consent of the Supremo Court before the land could be sold. You should, however, consult a solicitor and lay the whole facts before him, and also let him see the deeds which have been signed. Witness Reader.—The law in England differs from the law in New Zealand on the subject. Presumably C’s eldest son would take the real estate, and the five children of B would take amongst them the personal estate. In the casq of deceased children, grandchildren would take the deceased’s parent’s share amongst them. _Eager. —If you can prove negligence on B’s part, you could claim against him, Otherwise, you have no claim for rent or for loss sustained. R. M. N. writes: “ADy husband is the owner of a farm, and he puts mo out of the house for no reason whatever. What claim have I against my husband?” Answer; You can proceed against your husband for maintenance under “The Destitute Persons Act, 1910.” Subscriber.—(l) Subject to the by-laws of the board the committee may fix the school holidays. (2) The teacher. (3) In the case of a committee of five members the necessary quorum is three members. Eangitikex < and Farmer.—Received too late to reply in this issue. Answers will appear next week.