LAW QUERIES.

Otago Witness, Issue 3250, 28 June 1916, Page 43

LAW QUERIES.

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

A. B. writes:—"(l) I sold a horse by auction, and four days later was informed by the .auctioneering' firm that the buyer had refused, to take delivery on the ground that he did not bid for the horse. I allowed -the firm to truck the horse bnck to mo, Can I force the firm to pay the railage on the horse? (2) I have made half my boundary fence rabbit proof, but my neighbour has done nothing to the remainder of the fence. What is my remedy ?"\ Answers: (1) It is the duty of auctioneer to sign <i proper contract binding the purchaser; and if the auctioneer omits to do so, he is liable to the vendor ■for damages sustained in consequence of his neglect. (2) If you have converted a. non-rabbit-proof fence into a rabbit-proof fence without serving upon your neighbour a notice to fenco under the Fencing Act, your neighbour is not liable 'q pay half the cost of the conversion of the fence, but he is lirrhlc to pay half the cost of repairs. Jones writes:—"(l) Am I. being of Scotch parents, and born in New Zealand, n, native of New Zealand? (2) Am I liable for damage done if a fire spreads from my property to that of my neighbour? (3) Is there any specified distance within my own boundary in which I mav light fires without bning liable if the fire spreads on tomv neighbour's property?" Answers: (1) Yes. (2) Yes. (3) No, your liability is absolute.

Inquirer risks: —"Can a man work It is son on his farm from the age of 14 to 17 years without paying him wages? The father a?rocd to pay wages to his son." Answer: The son would require to adduce evidence as to the agreement which would satisfy the court before he could succeed in his action. Subscbibee. —There is no rule or regulation governing the matter. It is entirely a question for the Patriotic Committee. Another ..Subscriber writes:—"There are two settlers, A and B. A moots B at a public sole, and without the least pro? vocation calls B the most offensive names, attracting the attention of all around. Has A any remedy?" Answer: A may take either criminal or civil proceedings against B.

Y. M.—lf you are over 21 years of age, no consent is necessary. It you are under 21 yours of age, you will require to obtain the consent of your mother, if she is resident in New Zealand. Paihplay.—The members of the committee were quite in order in appointing a chairman, dark, and treasurer in the manner staled in your letter. The procedure to be adopted at the fir.it meeting of a school committee after election is set out in Sections 44 and -10 of "The Education Acf, 1914." Ditch. —If the ditch is wholly on your neighbour's land you have no liability with regard to the cleaning out of the ditch. You cannot e.oni.uel your neighbour to put

Tip subdivision fences on his land. If, however, your neighbour's cattle ate destroying the boundary fence between your properties, he is liable "for the- whole cost of repairing* t-he fence so damaged.