LEGAL INQUIRY COLUMN.

Auckland Star, Volume XL, Issue 35, 10 February 1909, Page 8

LEGAL INQUIRY COLUMN.

CONDUCTED -BI ; Letters of inquiry win tie answered every Wednesd«y in this column. As far as possible they will be dealt with. In the order In which they are received, and replies will be Inserted with the least possible delay. In order to derive the greatest advantage from this column, correspondent* snoold give full particulars of the facts upo« which they desire advice. Whatever the details supplied, however, no responsibility can be accepted for errors, in whatever way arising, though every effort will b* made 'to insure accuracy. Answers ar» based absolutely on the Information given, and, therefore. In all instances, can only be applied to the specific case dealt with. [Correspondents are reminded that their addresses must appear, on their letters of inquiry, •as well as their trne names. T* rddresi simply "Auckland," Is not sum* dent.] BRIGHTON-RD., Remnera: —I am not aware of any redress In this matter if the animals ore accompanied by & drover. UNINFORMED should apply at the office of the Official Assignee, Customs Buildings, Customs-street. He will get full information there. IjES.: —I believe there Is euch a law in New South Wales, but I cannot say definitely. J.B.:—ln the case you refer to the local body would have to bear the cost. In other words,, it would come out of the rates. FARMER'S LAD writes:—"Can a person (1) holding L.I.P. section change the tenure into freehold; and if so, what are the valuations, etc., or how vnlned Is It on the unimproved value when first selected; or Iβ it on the present value, Including improvements, etc., and how does he proceed to change tenure? (2) What Is the procedure when burning off bush oh bbundarv line, to notify your adjoining neighbour by registered letter or personally, and what is the length of time between notice and date of burning, if any. under 1905 Fencing Act? (3) A and B are adjoining settlers, A being freeholder and being settled there some 12 years. His land Is fenced all round. B selects Government section adjoining. Can A compel B to pay for half of full costs of fence that it first cost A when erected about 9 years ago, when B has only selected not quite two years ago yet?" [(1) The owner of a lease in perpetuity has the right of purchase. The price to be paid is the value of the land at the time of purchase, excluding, the value of all improvements placed on the land during the continuance of the lease. A lessee wishing to purchase gives the Commissioner of Crown Lands for his'district "a written notice of his intention—a letter to the Commissioner will suffice—and the purchase money In full must be paid within one year after the date of sucii notlc*. On receipt of the notice the Laid Board will have the land valued, and will send n copy of the valuation to the lessee. This valuation will be conclusive of the price to be paid unless the lessee within two months of its receipt by him gives written notice to the Board that he requires the value of the land to be settled by arbitration. If, nfter giving notice of his Intention to purchase, the lessee fails to pay the purchase money, he is not deprived of his lease, but the Board may caicel the "notice to purchase, and thereupon the lessee -nay ' ot apply again until after the .expiry ot ten years. This question and "answer have been inserted in full, as the subject' will, no doubt, be.interesting to a large number of Crown tenants. (2) There Is no statutory provision with regard to burning bush. Th« burner's simple duty is not to cause lamage to anybody l>y his fire. (S) No.] N.W.:—To marry in a false name would not Invalidate the marriage. Imprisonment of a husband does not entitle a wife to divorce unless the conviction was for 7 years at least, and the crime an attempt to take his wife's life. IN DOUBT writes:—"if a motorman runs his car over my dog and kills it, and he does not stop his car, but drags the doe SOft along the line, and he keeps his car on at the same speed, and never pulls up to see if the dog is dead or alive, can I sue him for the value of the dog, and If so, who would I sue, the motorman or the company, or can I prosecute for cruelty, as It was their carelessness?" [In Doubt would probably find it a difficult task to prove that the whole of the blame rested with the motorman, but if sb* could she would be entitled to claim the value of the dog. I must remind her, however, that doge rushing out at people on the roads may be lawfully killed. Whether or not In Doubt may prosecute for cruelty will depend upon the circumstances concerning which I have no information. The test is. "Was the motormnn wilfully cruel to the animal?"! DISTRESSED is under no legal obligation to live with her husband, and may return to town if she wishes, though, of course, if she does she will have, to rely on her own resources. Distressed does not give the nature of her liabilities, but her husband is most probably liable for them. D. T. HORSE writes:—"l bargained for a horse off a man In Auckland that was acting as salesman for the owner at Blrkenhead. I went and got the horse, took it to Auckland, saw salesman next morning, but refused, to take the horse at the price he asked for him. However, he came to my terms, and gave mc a week's trial, but there was no writing or witness. The horse took bad two days after, and was dead on the fifth day. Am I responsible for the horse?" [If you had actually bought the horse you are responsible. If the time you were to decide whether or not you would take him was the end of the week, and at that time you were at liberty to refuse to take him, then the horse had not been bought by you when he died, and you are not responsible.' G.P.O. writes:—"As a weekly tenant, paying advance, when can I leave without any further liability?" [At any time after having given a week's notice.] A.B. writes:—"A has contract to build, paint, and decorate a shop. He lets the labour only for painting and decorating to B. After finishing, the architect would not pass the papering, and ordered it to be redone. B has paid for the labour. Now A wants him to pay for the extra material, which B refuses to do. Would you tell B if be is In the rizht?" [It is not possible to answer this question satisfactorily without perusing the respective contracts. However, if the defective work was that of B or his men, he will. In all probability, be liable for the whole cost of doing It again, which cost will, of course, include both labour and material.] J.J.A. writes:—"l lent a horse to A to ride a distance of about 16 miles, about seven o'clock a.m., to return about five or six o'clock. A did not return until five next morning. The horse is hardly able to stand. The horse died four weeks later from the effects of its hurt. I am told I have no claim against the man I lent my horse to, as I made no charge." [J.J.A. has been misinformed. The fact that he did not charge hire has nothing to do with the question. The only point to decide Is, Was the borrower negligent? which question it seems to mc the facts almost prove for themselves.] ELDEST SON writes:—"l am executor under my father's will. In which no proviso is made with reference to my sister's possible marriage. Can I prevent .a future husband's debts from absorbing her capital, with or without her own aid in the matter?" [I am afraid not. The utmost you can do Is to persuade her to protect herself by making a settlement of her money, or by adopting some other means of safeguarding it. If she demands payment you will be obliged to hand over to her her share unconditionally, as soon as It Is payable.] Last Saturday, February 6, the centenary of the formation of the Union of Ironiounders of England, Ireland and Wales was celebrated. The Union was started just a century ago, with headquarters at Bolton-lee-Moora.