LEGAL INQUIRY COLUMN.

Auckland Star, Volume LIII, Issue 103, 3 May 1922, Page 10

LEGAL INQUIRY COLUMN.

fBY A BARRISTER-AX-LAW. , week In this column. As far as pouibl* they nil] be dealt with In tbe order la which they >re ret-lred. and replies i>» inserted with the least possible delay.

G.A.M.-If the mortsago in orerdne. you will have to pay the Increased rale. OLD SETTLER.—Both mortgages are protected by tbe Moratorium, If you are served with any notice, you should get your solicitor to answer it. ■DRAINAGE. —If you suffer any damage, or their Si-Mon ranees a nuisance, .yon have :« remedy at law. otherwise the matter is too trivial to be actionable. NORTH.—If the article I- n fixture the mortgagee Jiari a. rigln tn it. I ■Iα not i understand n-hat a partial fixture is. hut. i' from your description. I should say tin* nrtic'.i* Is in law a fixture. ■PATIENCE.-Unless, you have served the ! fellow with a fencing noileo. or have i agreed on the style <>'. boundary fence I and the cost, you ha'e no claim against '. him. li Is .still worth Willie serving, a I notice in respect of the balance not completed. This tvlll entitle yon to hair the cost, your solicitors will see that. your notice Is in order. ANXIOL'S. — The creditor is within hi* rights in demanding payment in full and refusing .small amounts on account. X you offer him n substantial amount on account. I do not think lie will refuse. DOUBTFUL.—tTotII the notice has expired you cannot bring; an action. The owner is the person to give the notice, and if the tenant <loc< not comply .the owner NIL DBSPEBANDf-M.—There Is no reller j • other than charitable aid available. The daughter could be nude to contribute if she has the ability. I J.X.—T'nless accompanied by h memorandum showing why they have bceu deposited i you have no security. You should get the debtor to give you n proper niort- ■ satit: This is the only real security you J ran obtain in the circumstances. CHIEF.—The premium is payable L.v you ! although the policy Is not In your'name. - You are, however, entitled to receive any benefit over and above th t > amount owing. You should see that yon are I al?o mentioned in the policy as owner. I A.M.—lf the renewal was in writing and not a mere vertal arrangement ihe mortgagor is not r.rotc-ted hv the Moratorium, and you are entitled t.. repayment.