LEGAL INQUIRY.

Auckland Star, Volume LIX, Issue 32, 8 February 1928, Page 13

LEGAL INQUIRY.

(BY A. BARRISTER-AT-LAW.)

Letters of Inquiry will be answered everj week In this column. As far aa possible they will be dealt with in the order in which they are received, and replies will be inserted with the least possible delay.

WORRIED. —You should apply to the Court for a maintenance order and also charge or attach the money in the bank. The bank would then be able to pay you the money, as it would have the Court's authority to do so. You might not get the money in a lump sum.

REX.—I do not think a criminal prosecution would succeed as the evidence' of " intention to deprive you of ownership is so slight. It could easily be explained by mere forgetfulness. You do not appear to have a claim for damages. V.E.F.—Without reading the terms of the policy I cannot advise you. The insurance company will inform you of the amount you will receive. Ordinarily the bonuses are added to the amount of the original cover. Except with the consent of a Judge of the Supreme Court a_ single girl under 21 must have the written consent of her parents before marrying. L.S.H. —The advertisement will not excuse you from liability if you are not making your wife an adequate allowance, or if you have previously allowed her to act as your agent, and the person now claiming against you has not seen the advertisement or does not know that you have withdrawn the authority to pledge your credit from your wife. ANXIOUS.—(I) Apply to the maintenance officer at the Magistrate's Court. The information you give is not sufficient to form an opinion. (2) You could not get a contribution towards funeral expenses In any case. ANXIOUS.—The divorce in itself would not debar yon from succeeding, but the circnmstances connected with it may be an impediment. MORTGAGE.—You may recover from the person who signed the mortgage any deficiency between the amount realised on a sale and the total dne under the mortgages, including the costs of sidling. You may sue in the town where the mortgage was signed or where the mortgagor now resides. W.B. —(1) The agreement under which the section was sold, if committed to writing, constitutes the final contract between you and the purchaser, and you cannot by verbal evidence seek to introduce a new term into that contract. If you have actually signed a transfer and received the purchase money you would in any case be unable to re-open the matter. (2) You have a claim for breach of contract, but would have to prove your damage. If the other party has forfeited his section, his financial condition may be such that any claim would be waste of time and money.