LEGAL INQUIRY COLUMN

Auckland Star, Volume XLIII, Issue 302, 18 December 1912, Page 8

LEGAL INQUIRY COLUMN

BY A BARRISTEB-AT-LAW. Letters of inquiry will be amnreree every Wednesday in tale column. As far at poisible they will be dealt -with ia the ontor Iα which they are received, and replies will be inserted -with the least possible delay in order to derive the greatest advaataw from this column, correspondents should give full particulars of the facts npca wiilch they desire advice. Whatever tb» details supplied, however, no respoxMibilitr can be accepted for errors. Id -wistever way arising, though every effort will txs made to eusure accuracy. Answers art based absolutely on the information given, and therefore, in all instances, can only tt applied t» the specific case dealt with. J.W.—Yes. ZOttKA.—(l> I eoneMer the "security ,. Quite useless. It Is not a security, properly co-called, and though it purports to have been drawn by a solicitor, I doubt if it was. (2) The money -could be repaid by the borrower «t any time on his paying interest, at the outside, to the end of the current quarter, bnt the lenders would not object ta take back the money on "any score. (3) If the interest is not paid, the only remedies are to sue for it or to demand the execution of the mortgages promised. But the whole document is beneath criticism. I.B—TFnder the circumstances I think yon might safely stop paying the maintenance. There is no tseane of getting a divorce without payment of costs. Sena mc an addressed and stamped envelope, and I will supply the oilier information asked for. T.B.H.—You may remove the.wall wittost giving nottce to aay person. KTJROW.—<I) It Iβ quite legal for the young man to teep the books if the.director* are content. (2) The proper thing to do with a managing director scch as yon mention is to bring the matter before the Board of Directors. The proceeding is quite irregular, tiat it may be perfectly honest all the same. Unless the amount at stake is considerable, your legal remedy would be too costly to l« worth trou-bilng about. Yon would need to apply for an injunction in the Supreme Court. WAGER.—No. V.G.—You are hound to finish your contract or sntaMt to a claim for damages tor its breach. The men may certainly cluim their wages, quite irrespective of whether or not they exceed the total value of the contract. "I.LEGAL.—The main difference between an information and a complaint Is that the former may lead to imprisonment and the latter leads to an order that something shall be done by the person summoned. Any clerk at "the oflce of the loral Magistrate's Court will make out an information or a complaint tor you. a constable may enter either on his otrn account, and it is not necessary to show in the summons the name of tbe person giving the information on which the summons is issued. ENQUIRER.—TeII mc yonr difficulty and I will endeavour to help you. I cannot write you an article on the English common law touchins "rent, weekly, monthly and quarterly," on the clwnce that an infinitesimal portion of it mljrbt possibly meet your rase. And this <"olnmn deals only with New Zealand law. FAIBPLAY.—The whole claim is one of blnff. Yon have already done more than was necessary. The law requires from you in sucfa a case simply nothing at all. Neither the boy nor yourself was under any lepal obligation to send tne goods back. This was a contract with a child to get him to sell something for the arlvnntase of the advertiser, and the advertiser knows, or snonid know, perfectly well that a child cannot be bonnd by his signature to such, en undertaking, nor can he make hie parents liable either. Take no notice of any communication, and you will lot be troubled. J.W.—I do not think the eeeond marriage was legal. HsTKREST.—I cannot possibly tell you tbe Bank of England rate of interest on . the sum named. The rate is constantly varying. M.W.D.—(I) The adjoining owner is not responsible unless he has been given notire to fence in the ordinary way. (2) You cannot claim anything for the posts and rails unless such notire has been given. (3) Yes. (4) The Council may claim ten per cent extra unless the rates are paid within six months of the date of demand. BT7ILDER.—You will have to obey the bylaws, unless yon can, by an action in the Supreme Court, upset them oy proof that they are unreasonable. In the meantime, the inspector may refuse yonr permit until yon comply ■with tM hj--l*we aa they sow echo.