LEGAL INQUIRY.

Auckland Star, Volume LIX, Issue 258, 31 October 1928, Page 9

LEGAL INQUIRY.

Letters of inquiry will be answered evcrj week in this column. As far as possible they will be dealt with in the order In which they ore received, and replies will be inserted with the least possible delay.

RATEPAYER.- —Apart from any by-law you cannot be compelled to pay. It is hardly likely that a by-law purporting to enforce this liability on you could be uphelu. MIIS. G.C.—The worst that could happen would be that you would lose the till - ference between the interest calculated at the lower rate and the higher rate for three months. You are, of course, entitled to call for a mejiioranduin to be executed at the borrower's expense. M.S. —You could probably apply to the curt for an order under the Family Protection Act, but as the estate appears to be of only nominal value it may not be worth the expense of proceeding. FA IK PLAY. —The cyclist had no right on the footpath and should pay damages which would at least cover the medical expenses. ARGUMENT. — (1) A will drawn by the testator himself may be \alid. but the chances of it being invalid owing to lack of technical knowledge are by no means remote. (1. Estate duty KIUUO, succession duty ii .jOo,

!i.UN.—(jive the occupier a notice to fence if your old one has? not expired. If you receive 110 written cross-notice or objection within ill days, let a contract for tile whole fence, and sue the adjoining occupier for half the cost. Do not erect only one half the fence as you may find you cannot recover anything tor that portion and only half tin- cost of the remainder. INTE RESTED.— (1) If the mother is in neeu of support, steps could lie taken ; to compel the daushter to contribute to! her support. Otherwise there is no j legal obligation to send money home. (— » Inquiries may. 01' course, be made. 1 but the irl need not give any more in- ] lot mat ion than .-he pleases. ' (.") Provided you are both coi.ducting your- 1 selves in a reasonable manner, and. in the girl's own interest, no interference is warranted, neither of you will lie disturbed. \ou should, however, consider seriously whether you are actins reasonably in causing trouble between the girl and her mother. HEX.—On the facts disclosed in your let ter you have been released from vour contract with the first builder." It may not be easy to prove the release as it was given verbally. C.C.—Both you and your wife appear to be entitled to a pension. ANXIOUS.— (1) You are not concerned in the transaction beyond the fact that you must pay to the assignee or purchaser in future. (2) Provided that you have not waived or abandoned your right to having the fence erected you may still insist. It seems clear to me. however, that payment of the wnole contract price aud signing of the mortgage amount to a waiver or abandonment.

A.R.—So lons as you have acquired so little that you cannot afford the cost of a discharge you need not worry about the Official As>ignee intervening and claiming property acquired after vour bankruptcy. I.X.L. — If the property does not realise sufficient to cover the inortjrafi" ai: ! costs of sale, the mortgagee may sue you for the deficiency and seize and sell any other assets to sati-fv tli« debt. Furniture and tools of 'trad? to the value of £50 are exempt.