LAW QUERIES.

Otago Witness, Issue 4033, 30 June 1931, Page 44

LAW QUERIES.

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

A. K. asks : “Is a person who is served with a summons after declaring judgment and paying the account compelled to pay the summons fee ? ” Yes. “ Macrocarpa.”—Under the circumstances stated in your letter you have no legal remedy with regard to the trees growing on your neighbours’ properties, W. O.' asks : “ We are letting our farm, stock, and implements as a going concern to our son for a term of three years. Everything is free of debt and encumbrance. Would it be possible to raise a mortgage on the land or chattels while .that lease is in force ? ” Yes. “Keen” asks: “(1) What is the legal charge for drawing up a mortgage of £3OO on a property for three years ? (2) A couple with a girl four years old adopt a boy of six. Can these two marry when of age ? They are no relation at all to each other.” (1) £4 4s. (2) No. “ Doubtful.”—(l) As the allegations were contained in a letter addressed to your wife, they are not libellous. (2) If the allegations were made to any other person than your wife they would be libellous. There must be publication before an action for slander or libel can be taken. “ Subscriber ” asks : “ I purchased a freehold property in July, 1930, and in the agreement for sale no mention was made to the fact that there was a portion of the property under an irrigation scheme. There are no water races constructed within or on its boundary. (1) Can the Pdblic Works Department hold me diable ? (2) If not, who is responsible ? ” (1) The Public Works Department will hold you liable. (2) The charge for irrigation will be a charge against the property. If there has been misrepresentation on the

part of the vendor at the time of the sale, you will have a claim against him for damages.