LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXI, Issue 305, 26 December 1930, Page 14

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.)

S. Mcß.—You may apply for a special valuation, for which you have to pay the Valuation Department's fee. You may appeal against the valuation at the Assessment Court and if you are not satisfied with the result may offer the property to the Government at the price you are willing to sell. If the Department does not buy then your valuation is reduced to the figure at which you offer it. OLD SUBSCRIBER.—I do not care to advise on specifications which are not before me, as so much may depend on wording. I can only give you the general rule that when you have a written agreement, such as the specifications you mention, you can only insist on the work mentioned in the agreement. Work that is not mentioned, but which you require done must be " paid for as an extra. Work that would necessarily be required in order to do" the work agreed upon would be included. It would appear that the new blocks come under this head and need not be paid for as an extra. Beyond this I cannot do more than give you a guess without seeing the document. A.D.—I cannot say whether you are directly liable to the mortgagee, but you are directly liable to the man who sold to you. If, therefore, you do not pay off the first mortgage your vendor may take proceedings against you. < WORRIED.—The only way that you can get out of the bargain is with the full consent of your mortgagees, by obtaining a release signed by them. You could of course file in bankruptcy. Considering your wage the mortgagees are not likely to release you, but the second mortgagee may reduce the instalments payable to him, rather than have the property on his hands. I would advise you to try to get him to release you entirely and attempt to carry on with the property if you succeed. G.C.M.—As you have nothing you can lose nothing. If drastic steps are taken, file in bankruptcy. If you are likely to accumulate assets you should get a clearance or,release from the mortgagees or file and get your discharge. JONAH.—(I and 2) You are liable only to the extent that you benefited by the estate. (3) The mortgagees and local authority may sell the land for default in payment of interest and rates respectively. You are personally liable for rates as occupier. T.T. —(1) If a separation by a magistrate is sought it will be granted if the magistrate thinks there are good reasons . for it. You can defend by disproving the allegations against you. (2) You may as well face the fact that you are unlikely to get your money back. It seems to me that you should apply for separation and maintenance for yourself and the child. B.T.J. —It would be theft to take the goods out of the shop without payment and against the will of the shopkeeper, but if the shopkeeper acquiesced and gave credit there is no theft. The shopkeeper could detain the thief while.the police were summoned. WORRIED WORKER. —You should move into a home more suitable for you and • take the children with you. If your wife wi I not come with you, she cannot force you t6 maintain her. You cannot be forced to give up the children so long as you can give them the care they need and so long as your wife continues to lead her irresponsible life. You need not get a formal separation. W.S. —The time runs from the decree absolute and good reason must be shown for any delay. SEVEN. —You are not exempt. INQUIRER. —Considering the low wage and the number of children I do not think you would find it worth while suing the debtor. It will pay you better to get what you can out of him by other means, unless you want the property back. , K.C.M.—(I) You must pay the expense or else pay personally in cash. (2) In most cases you cannot be compelled to pay.