LEGAL INQUIRY.

Auckland Star, Volume XLIX, Issue 187, 7 August 1918, Page 7

LEGAL INQUIRY.

1 (BY A BARRISTEK-AT-LAW.) Letters of Inquiry will be answered ever, week in this column. As far as possible they will be dealt with in the order la which they are received, and replies will be Inserted with the least possible delay. M.P.S.— the position was exactly as you stated you will be able to claim the whole of the principal and overdue Interest from A, but when the £160 was paid off your second mortgage and the first mortgage was Increased it is just possible that a fresh mortgage was, signed by'B. If that is the case then your claim against A has been destroyed. ,

A.P. —If you have not heard of or from your husband as you say for eight years and have not known during all that time whether he was alive or dead, you may marry again without being guilty of bigamy. However, If your husband should prove to be alive at the time of your re-marriage such second marriage, of course, will be void.

ON GUARD.— If the five years has expired the vendor Is within his rights in asking for an increase of interest. The Court has power to grant an Increase in any case in which it thinks an increase should be paid.

SECTION.—You coula not follow out the course you suggest. Your liability to the mortgagee is one you cannot escape. If you sell the property tbe purchaser from you would have to protect you from the mortgagee. In other words, he would be liable for both principal and interest to you. and you would still be liable to the mortgagee. If you cease paying Interest now the mortgagee will be able to get leave to sell the property to the highest bidder, and he would then be able to claim any loss from you. Further, he could, through the Court, sell your other property to pay up his loss.

A.W.A. — In think it would be wise on your part to pay the amonnt demanded. If not proceedings would probably be brought against you, the cost of which would almost certainly fall on your shoulders.

FATHER. —I do not think yon would have - any chance at aTI on an appeal on the grounds you mention whoever appealed for you. In case you decide to try what success an appeal will be met with, you will do well to get legal assistance as you suggest.

NUP CHAI. —In both acts complained of I think the military officers are acting within their powers.

J.B.R. —You may take proceedings at any time to have the order reviewed or set, aside. If you contemplate doing anything of the sort you should get legal assistance. You have no remedy at all. j however, in respect of the comments, made by the magistrate when he was hearing the case.

J.11.P. —It is always risky for a tenant to do valuable improvements on land of which he has no lease. If you have a witness to your statement that you were not to be turned out without plenty of notice it might be possible to oppose any application by the landlady for possession of the property. Of course your own evidence would be valuable, but the magistrate hearing the case may or may not think it sufficient.