LEGAL INQUIRY.

Auckland Star, Volume LVIII, Issue 88, 14 April 1927, Page 17

LEGAL INQUIRY.

(P.y A n.VKRISTER-ATLAW.) Loiters of inquiry will be answered every week in tills column. As far as possible they will be dealt with in the order In which tlioy are received, and replies will be iuserted with the least possible delay.

H.G.H. —You may re-enter and take possession of the house and treat the tenancy as ended. You cannot claim the goods left behind, but you may store them on the premises and re-let the property. V.J.W.—A sub-mortfraKe is a very different tiling from a second mortgage, and docs not concern you at all. It will In no way prevent you from raising a second mortgage. LINEMAN. —Both arc responsible, but the brother, if sued, should be able to defend successfully on the ground of inability to pay.- If the brother is now keening the child he should proceed against the mother under the Destitute Persons Act. There is not sufficient information before nie to enable me tn advise whether the infant son could invoke the aid of the Family l'rotectlon Act. but the result under either Act would be similar. C.B. —You have no ground for complaint, as ynu are getting an area one-fourth greater than you bargained for. I cannot imagine any awkward consequences that could arl?c. HL'STICI'S. —If your wiff leaves you without your consent, and without reasonable cause, you will not be liable for iter maintenance so long as she remains away. You both have equal rights over the children, and you are responsible for their maintenance wherever they are. . In deciding to whom the guardianship of the children should be awarded the Court considers their welfare only. lu view of their tender age. I do not think that the mother would be deprived of them, unless she were manifestly incapable of nttending to them or could not provide them with a home. C..l.S.—The Department does not allow applications to be transferred. It may, however, be possible for you to continue and transfer the property when the building is completed. URGENT.—(I) Your letter to the magistrate will be ignored. There is a proper procedure for obtaining a re-hearing. (2) The debts must total £30 before you can be made bankrupt. Any number of creditors, whose debts total £30 or more, may join in the petition. Yon ninv yourself file. NEMO. —You cannot be compelled to cut the growth, but your neighbour is at liberty to do so at his own expense without giving you notice. WIDOW.—If you make application payment will be made to you up to the date of death of the pensioner.