LEGAL INQUIRY.

Auckland Star, Volume LX, Issue 282, 28 November 1929, Page 22

LEGAL INQUIRY.

(By A BARRISTER-AT-LAW.) [Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with In the order in which they are received, and replies will be inserted with: tL"e least possible delay.]

A.O. (Grey Lynn).—Tonr husband cannot legally mortgage your property without your consent, and any mortgage he signs without your consent will not bind you or your property. LLOYD.—It would be far simpler to advise you if you stated the facts of the case Instead of asking a general question. Speaking generally, you will be liable only to the extent of the amount uncalled on the shares you hold, but unless the assets of the company are insufficient to meet Its debts you will not be called upon to contribute. The difference between preference and ordinary shares as regards liability on winding up depends on the provisions of the company's regulations. GARDEN. —The secretary Is not liable. Write to the club, complaining of the treatment received and asking that all members be informed that you object to them entering your place. Put a notice np warning people against trespassing. As soon as someone you know offends, sue him and make an example of him. G.A.B. —(1) Your wife may call the child by whatever name she pleases. (2 and 3) In actual fact you have not the custody of the child, and the fact that you have not bothered to pay any maintenance for it would probably Influence the Court against giving you custody. If your wife applied for custody and maintenance I think she would succeed. MUBIEI/. —(a) If your husband claims the child apply to the Court for a varia- '' tion of the order for custody and claim maintenance from him. (b) Your husband cannot prosecute yon for what you have done, though your action was perhaps unwise. URGENT MEASURES.—You might see If your by-laws will give you any redress. If not, write again, giving a full description of the fence round your property and repeat your question. Your letter may produce the desired result. H.—You should have no difficulty in establishing our claim for the balance of £25. Instruct your solicitor to demand payment and to sue if quick payment is not made. QUESTION. —(1) You would be charged , half a guinea ot a guinea. (2) I I could not approve of the letter without knowing a great deal more about the case than I can gather from your letter. (3) You are entitled to damages and an injunction unless your land would naturally receive the water. TUAKAU.—Write to the Superintendent of State Advances, Wellington, telling him what you want, and ask for an application form. ■ . J.H.B.—lnstruct someone on the spot todemand delivery of the goods, and if delivery is refused sue for their value. COW-SPANKER.—The contract was made at Whakatane, so you may sue there. You must sue the company, and not the branch manager. NEW LYNN.—Unless you cancelled the order because delivery was not made you cannot claim back the deposit. In any case I do not think that the time you gave for delivery was reasonably long enough. Yon must "therefore either take delivery or lose your deposit. I.McX.-—Strictly you are liable for the half, but you would be well advised to wait and see whether any serious ■' '55is going to he made to claim the balance before you pay. CANVASSER.— Each locality has its own by-laws dealing with hawking and canyou should make yourself I f , the Provisions that apply in each district that you work.