LEGAL INQUIRY.

Auckland Star, Volume LX, Issue 246, 17 October 1929, Page 13

LEGAL INQUIRY.

(By A J3ARRISTSR-AT-LAW.) [Letters of Inquiry will be answered every week for tbis column. Aβ far as possible they will be dealt with in tbe order in which they are receiver*, and replies will be inserted with the least possible delay.] F.B.—ln your prior question yon did not mention the fact that the estate was in England. The Eon will get the property, and two-thirds o£ the personalty. JUSTICE.—Ton entitled to a divorce on the grounds of desertion, and may bring your proceedings in the New Zealand Court. STAN.—(I) The wife has the better claim to the custody of the child, and ehould resist or defend any steps taken by the husband to claim cnstody. (2) The wife may petition for divorce. CONSTANT READER.—You cannot be compelled to pay either charge unless they were agreed to at the time you first took the house. A.B.C.—You are entitled to cut overhanging limbs back to the fence line. It has been decided that in such a case you can claim from your neighbour the cost of cutting back the trees. Perhaps it would be best to write to him requesting him to cut them, and inform him that if he does not do so you will have it done at his expense. R.E.—Unless the factory constitutes a nuisance you have no civil remedy. You and others interested might form a deputation to the local body with a view to preventing the Issue of a permit for an extension on the grounds that the building will not be in accordance with the principles of town planning. ANXIOUS PARENT.—The father cannot compel the daughter to go with him and leave her mother. NURSE.—It would be advisable to place the matter in the hands of your solici- • tor or of a collector. ROUGEMONT.—You should notify the Department when you leave. By leaving you will not free yourseif from your liability for the mortgages. Tou are not entitled to remove the shed. To get free from both mortgages you must .file and lose whatever assets you have, or else bargain fOl a release with the mortgagees in some other way. 0.8. (Mt. Roskill).—Yon are entitled to contributions towards your support from any of your children who are financially able to contribnte. You might write to them first, suggesting a weekly sum which you require. If this does not produce results you should proceed against them iu the Magistrate's Court under the Destitute Persons Act.

J.S.—You should give the tenant notice to pay rent in future to you. It is advisable to get your solicitor to draw the notice for you. You may apply the rent in payment of rates and other outgoings, and your interest and the balance on account of the principal. ANXIOUS.—You have, I think, made a satisfactory settlement. You could hardly expect the guarantor to prolong his liability indefinite . and by the tiaae he is released the amount owing will be bo much reduced that you ehould have no difficulty in getting in your money by realising on the property. The marriage rate in New Zealand in recent years is a long way below the average rate attained in pre-war years, and the tendency is for the rate to decline still further. This declining movement is not only noticeable in New Zealand, but is evident in most other civilised countries. Fancy cashmere sox, worth 3/6 to 4/6, to-morrow's price 2/11 pair, 3 pairs for 7/11. A wide variety of designs and colourings in all wool, wool and art silk, and in wool, art, silk and cotton mixture, at Milne and Choyce's to-morrow. (Ad.)