LAW QUERIES.

Otago Witness, Issue 3415, 29 August 1919, Page 39

LAW QUERIES.

(Answered by a solicitor of the Buprem« Ocmrt o! New Zealand. Letters.and Telegrams must be sddrssssd to "LUX," c/o Editor, Otsgo WltasM. Duasdta.] X. Y. asks: —"Portion of my property is bounded by a road, and there is a fence on my side of the road only. My neighbour thus mates use of the fence on my side of the road. Can he be compelled to assist in repairing the fence?" Answer: He can be compelled to pay half the cost of repairing the fence. K. S. T. asks:—"Can I be compelled to pay for the maintenance of my brother?" Answer: Yes. Proceedings can be taken against you under the Destitute Persons Act. Sceptic asks: —"A man comes to me with his will signed and witnessed by another man. The testator and the witness swear to their signatures.-. As the' will was not signed in my presence I refused to attach my name as the other •..witness. Would the will have been valid if I had-signed it as a witness under the above circumstances?" - Answer: Certainly not. The testator and the two witnesses must each be present at . the same time, and each see the others sign the will, the testator, of course, signing first; Subscriber asks: —"I held a second mortgage over a property, and the mortgagor made default in the payments under the mortgage. I paid off the first mortgage. Will I require to get the property transferred into my own name before I can give a valid lease of it?" Answer: Yes. Constant Subscriber.—You will reqiiire to sell the place either by public auction or private contract. In the event of the property not selling for the required amount, you can claim any deficiency in price from the purchaser. You are entitled to the interest to date. One and Nine. —The price fixed by the Board of Trade as the maximum price must not be exceeded. Parmer.—You oan obtain a copy of the Fencing Act fr*m the Government Printer, Wellington. If the fence is destroyed by fire by. reason of the fault of your neighbour, he is liable for the whole cost of repairing the fence. He is also liable to

you for the loss of the stock caused by hia negligent act.

Inteeested. —Under the circumstances quoted in your letter, the club would not be responsible for the Ices of the article.