LEGAL INQUIRY.

Auckland Star, Volume LVII, Issue 250, 21 October 1926, Page 17

LEGAL INQUIRY.

(By A BARRISTER AT-LAW.)

Letters of Inquiry will be answered every week, in this column -A* "far 46 possible thety will be dealt witn in the order in wuicb they are received, and replies will be inserted with the least possible delay.

QUANDARY.—B, the sub-tenant. Ts In no better position than the head tenant, , and is therefore a trespasser now that j the tenant has terminated the tenancy. A Is still liable for rent, and B may .. have a remedy .against A. BARBWIRE. —(1) Yon have not followed out the proper method, and you cannot . now compel your neighbour to pay more than Ijalf the cost of erecting the remainder of the fence. Before tak-J Ing action yon should wait, to see if he completes the" fence. (2) You may remove the netting. (3) A close and sufficient live fence complies with the; Fencing Act. DIVORCE.—The wife coma obtain a decree -of judicial separation, on which, in due course a -divorce could be founded. I am not In a-posltion to advise whether ". a divorce on'the ground of desertion could be obtained, as the medical aspect enters into it. The wife should take advice in her own country, as I cannot undertake the responsibility of answering questions on other than New Zea- - land law.. WIDOW.—The adjournments are probably being glvento save you the trouble and expense of going to Court and paying for a defended case. A case is frequently adjourned in order to negotiate 'a-compromise or arrange for payment ' . by tbe debtor. Yon will find your solicitor will give yon -an adequate explanation -if you call on him. D.G.— It "is. only a matter of finding a lender who will accept' the policy, as security and agree to your terms. . Have you yet approached the Company ' for a loan? r X.Y.Z.;—So long as the mortgage, is cleanly expressed to be a second- mortgage you are bound under your arrangement to sign'it. Xou should get, the solicitor to explain it to you,- and also the reason for the extra £5. It will cost you no more DESERTED.—The maximum the Court can j - allow would be £3 for yon and £1 1/ for I tbe child, so that you can gain nothing ! by. suing.- The-rent you are paying is ridiculous for three persons with such slender means, and by taking acheaper place you-ought to be able to /make i ends' «oeet MT ROYAL.—Twenty-five years* continuous j residence Is necessary. . SUFFERERS.—The" notice is not actionable. The special meaning you attuci. iv ii. J too, could never be proved. MARY —1. do not think the stepson can make a valid claim. ANXIOUS.—Why..not put up the properties for sale by auction? CU.HIOCS —Although In your name your '!W letter makes It quite clear that your ' husband hag a substantial share in the land. ' He could assert his rights, and insist on bis share being recognised ' .'and claim:lt If you attempt to dispose of the whole property as your own. INQUIRER.—The agreement which yon submit is-worthless, and could not be enforced either by yon or the tenant. If the„man wants to rent the property he pay your solicitor's fees for .- drawing ,up a prqper lease. TE AROHA. —The nurse's claim is reason- - able. Yon made a contract, and then v deliberately broke It, and most pay. PUTARUKU.—-Assuming your claim to be valid, you. can only obtain judgment for work done in .tue last six years. -I. am very doubtful if such a claim would succeed, and if it does succeed is there any hope of the, debtor's property selling.for more than the mortgages owlcg | on it? Your case Is one depending on ) evidence, and the fact that yon have I . made no claim for Aye years is against I yon., \- ... ....-•, • • ■•'