LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXI, Issue 191, 14 August 1930, Page 26

LEGAL INQUIRY COLUMN.

(By BARRISTER AT LAW.)

[tetters" 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 the least possible delay.] . ' - ' ...

-nnTmTPTJL All your assets can he made Sable'foTyour creditors if they take i the right steps. Yon may be able to arrange to give them security over your home in consideration of them giving you time to pay. NEW You may take £P •the work you propose. U) J"" 1 ma -' -goin for sharlmilking, but as you are 21 vou may find farmers not inched'to you. However, you may try. -...".. TRAVELLER.—You may make whatever . "terms you like with the agents as to ' nutting up sale notices. If you seU ' to a buyer who has not been introduced ■ by an alent you will not be liable for commission. You shouKLnotify agents of any private sale. You may sell privately at any price you like. A B —The seller. will be able to resell the property and pay himself the balance due out of the proceeds Hit does not realise enough he will sue you for the deficiency. He may sue you now. without selling. If he sues and . learns of other assets he will either i; make you bankrupt or sell i them under * a writ of sale. Probably your best plan is to ; presuade the seller to take ... it back and release you. There Is no need,- to volunteer information as to your other assets'. .... FAIR PLAY.—Apparently, a mistake has been made. You have no remedy or rights against the solicitors. You might well write and explain the position. H v w.—You do not say whether you intend to go home and join your wife or not. If you prefer to stay here you may treat y*ur wife's refusal to return as desertion and. refuse to pay maintenance. I presume that you have provided your wife with the means ~to re- ■ turn and sufficient to maintain herself np till now.- .Your bargain with.the '• Government can be enforced against you. I can.only answer letters through;.this column. t

,HH.—You and your neighbour are equally, liable for the cost of erecting-the remainder of the fence. If you- cannot agree on the type of fence you should give her a notice under the Fencing Act when you want the fence put-up. MRS. McK.—You cannot compel the unwilling parties to forgo their shares. Whether those who have already agreed to forego their shares'have'transferred their shares to you or merely agreed to make no claim I cannot say without seeing the document they have signed. You must divide the estate in accordance with the law to those beneficiaries who have not transferred or abandoned 1 their-shares. ADOPT.—(I) You may adopt the child, but if you are his father you'need not do so. (2) The certificate ,will,: always show the facts from which it can be seen that the child was born out of wedlock, but a short form of certificate is available, which discloses nothing but the date of birth. (3) The cost would be about £3. -- PLUME.—(I) You may sell subject to the i mortgage. ' (2) The mortgagee has a •'personal.claim against you for the amount owing on the mortgage. (3) You may let the house. IN A FIX. —(1) You will find you will have to pay in advance wherever you go, and the man who has done half the work for you can probably finish it ■■ more cheaply-than anyone else. (2). The custody of the children will be decided by the Court,' and it will be guided by the, children's interests. INVESTOR.—It is practically impossible to advise-on your rights unless you supply copies of the company's articles and memorandum. The company must hold a meeting, once a year, that is, once in every calendar year. You should make sure that your notice complies with all the .conditions of the articles. In particular, it should be.sent to the company's registered office. •Mc.—You may bring an action under the Family Protection Act if any part of the estate is undistributed. Your husband should sue for the money lent to the daughter. INJURY. —Compensation will be calculated on your husband's average weekly earnings with the person with-whom he is employed at the time of; the accident. W.C.S.—Your creditor may sue at once for the whole debt. INQUIRER.—AppIy to the Child Welfare Department. .