LAW QUERIES.

Otago Witness, Issue 3239, 12 April 1916, Page 47

LAW QUERIES.

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

Constant Reader asks: —"(1) How long does an order upon a judgment summons hold, good? (2) Can creditors sue if they have not rendered accounts for two or three years?"——Answers: (1) For one year from the date of the order and no longer. (2) Yes. New Chum asks: —"(1) I have served notice to fence upon rny neighbour, and although 21 days have elapsed, he has lodged no notice of objection to fence. What is my position? (2) Upon obtaining judgment can I distrain on the land of my neighbour?" Answers: "The Fencing Act, 1908," provides that: If either party neglects or fails for the space of 21 days to commence or having so commenced neglects or fails for the space of 14 days to continue to erect the fence the other party may thereupon or at any time within three months thereafter 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 thereof. (2) No. If the judgment in the Magistrate's Coirrt is over £2O, it could be removed into the Supreme Court and a writ of sale obtained against the neighbour's interest in the land. Annoyed.—Where an action of nuisance is based on mere discomfort or inconvenience, this discomfort or inconvenience must be substantial. The question submitted by you is one of fact. If you are suffering substantial inconvenience from the existing st-:to of affairs in your neighbourhood, you can bring an action against your neighbour. MOTHER. —Subject to the terms of the decree made by the Supreme Court six years ago, the father can be compelled to maintain his child. Anxiout. —"The Divorce and Matrimonial Causes Amendment Act. 1908," provides that: When a decre* for dissolution of marriage has been made absolute, but no sooner, it- aha!! bo lawful for the respective

parties thereto to many again, as if the prior marriage had been dissolved by death.