LAW QUERIES.

Otago Witness, Issue 4039, 11 August 1931, Page 44

LAW QUERIES.

[Answered by a solicitor of tho Supreme Court of New Zealand. Letters and Telegrams must be addressed to “ LEX,” c/o Editor, Otago Witness, Dunedin.] J. D. D. asks : “ I require a birth certificate. What amount will I require to send to the registrar to obtain same ? I was born in New Zealand. 2e 6d. “Anxious” asks: “(1) Can a solicitor or any trust of standing withhold any portion of a will from the next of kin or wife ? (2) Could one ask to read the will in one’s own hand, say, in the office of the person who holds the will ? ” (1) A beneficiary can obtain

a copy of the will by paying the cost of the copy of the will.' (2) No. The original will should not be handed over to anyone but the trustee.

“ Gilt Edge ” asks : “ The interest on over-the-counter sales of Government inscribed stock has been reduced to 5 per cent, as from August 1. Do investments made prior to this date bear interest at the old rate of 51 per cent, until date of maturity or must investors accept the reduced rate ? ” Investnients made prior to August 1 bear interest at the old rate of 51 per cent, until date of maturity.

“ Tenant ” asks : “ I moved out of a house three months ago and owed the landlord a month’s rent. He has sent me a letter stating that if the amount is not paid by a certain date he will take out a summons against me. (1) Is this letter sufficient or must I be served with a solicitor’s letter before the summons can be served ? (2) What notices must I receive before receiving the summons?” (1) The letter is sufficient. (2) You are not entitled to any notice before receiving the summons.

O. W. R. asks: “(1) I have money deposited in an Australian bank trading in New Zealand, and as I intend to draw it out on the due date will the money they issue to me be equal in value to New Zealand notes or will I have to pay exchange ? (2) What would be the cost of a transfer of a property up to £2OOO ? ” (1) If the deposit is made with a branch of the Bank in Australia you will require to pay exchange. If the deposit is made with a branch of the bank in New Zealand you will not require to pay exchange. (2) Solicitor’s costs £l2 12s, and Government fees, say, £23. If you delaj- putting through your transfer the Government fees may be materially increased.

“Anxious No. 2 ” asks : “ I have been working for a farmer for over two years at current wages—£2 weekly. Last harvest he told me that he could not afford to pay me wages, but that I could stay on until I obtained a job. During such time (four months) I did the usual work, and asked him to give me £2 to buy a few articles of clothing. He told me that he wasn’t paying ine any wages and that I had better go. I heard later that he had ■ employed a man on the Government relief scheme at 10s per week. Have I any redress ? The man is in a good position, and he left me in sole charge.” ln accordance with your own statement, you agreed to stay on the farm without payment of wages until you had obtained a job. You have therefore no legal redress in the matter. With respect to the Government relief scheme, the circumstances stated in your letter should be brought under the notice of, the board. “A Forty Years’ Reader” asks: “(1) If a man’s wife gets him into debt or incurs heavy damages for slander or the husband incurs heavy damages against himself for slander, if he owns property (the deeds being in the bank) or has money in the bank can the order of the Supreme Court seize any of the securities named or his land, as he may have 20 acres clear title ? (2) If a man wanted to place a caveat on a property, where would he need to apply for same ? (3) How would he apply for it ? (4) If he wanted to get security over his furniture, how would he go about it?” (1) Yes. (2) and (3) The man could not place a caveat on his own property in the manner suggested in your Better. (4) So long as the furniture was in his own name, unencumbered, it would be liable to be seized for payment of his debts or any judgment obtained against him for damages.

G. T. asks : “ The boundary between my neighbour and myself is a drain, the fence being on my neighbour's side, close to the edge. My neighbour’s cattle have pushed the fence into the drain and destroyed it. and we are arranging to erect a new fence. Can I build my half on my side of the drain, five yards from it ? The land is swampy and peaty, and it is impossible to build a substantial fence close to the drain.” The Fencing Act provides for such a case in the following terms:—“Where a river, creek, ditch,, natural or artificial watercourse, or rock or impracticable land is on the boundary of adjoining lands, the occupiers of such lands may agree upon a line of fence on either side of such boundary, and if they cannot agree the line of fence shall be determined by a magistrate in manner herein after- provided : The magistrate may appoint one or more persons to inspect the proposed line of fencing, and shall determine whether any fence is necessary, and. if so, what line is to be adopted; and whether any, and, if so, what, compensation in the shape of annual payment or otherwise is to be made to either of the occupiers in consideration of the loss of occupation of land. The reasonable costs of such inspection, as fixed by the magistrate, shall be costs in the case. The occupation of lands on either side of such line of fence shall not be deemed adverse possession, and shall not affect the title to or possession of any such lands, save for the purposes of this Act.”