LEGAL INQUIRY.

Auckland Star, Volume LVI, Issue 243, 14 October 1925, Page 14

LEGAL INQUIRY.

(By A BARRISTER-AT-LAW.)

Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with in the order !n which they are received, and replies will be Inserted with the least possible delay.

EX-TEACHER.—You must obtain a certificate of exemption from the local school committee or the head master. A.F.C.—Your daughter's right to the money is governed wholly by the trust under which they claim. I doubt very much -whether a payment for the purposes you suggest would be provided for, but you should inquire of the trustee or send mc a copy of the will or settlement as the case may be. ANXIOCS.—Xo rights to light can now be acquired in New Zealand by lapse of time. SPORT.—First cousins may marry and. if both are over 21 years old, no consent Is required. RECEIPT.—I do not think you would have difficulty in proving payment, and that, after all. is the only use of a receipt. You might, however, ask for an acknowledgement from time to time or once and for all ask for a letter requesting you to pay into the bank account, and agreeing to accept the duplicate deposit slip as sufficient evidence of payment. ■S.A.F.—You would seem to have two valid defences. . The first is that as the old fence was pulled down by your neighbour, he must pay for re-instating * it. In the second place he has not served you with a notice to fence. WORRIED.—The course you propose will not entitle you to sell the goods. You must sue for debt in the ordinary way. AXXIOTTS.—3Tou are entitled to a divorce, and you may be entitled to seek divorce as a pauper. Your first step is to ,lay all your case before counsel. KNOWLEDGE. —(D In the ordinary course of events a debt must be paid in full in one sum, the creditor not being obliged to take payments on account. H2) If judgment is obtained and a judgment summons issued the debtor should appear and explain to the Court what his income and expenses amount to as otherwise he may be ordered to pay the whgle debt in one sum or serve a term in prispn. (3) In the absence Of special conditions the costs need not be paid, although there are strong moral reasons for insisting on payment. RANGA.—Yoa may claim at any time within six years, but the longer you ' leave your claim the more difficult it becomes to prove. S.MX.—The exact wording of the mortgage is important in deciding a point such as that you raise. I may say I should be greatly surprised If your contention is correct. At the end of each quarter you should apply the weekly payments first towards the quarter's interest, and surplus In reduction of principal. On the next quarter day the interest is calculated on the reduced amount of principal and so on every quarter. When the mortgage falls due the balance of principal remaining owing is then paid off. In actual fact your Interest is really being paid more or less in advance. 1 . i