LEGAL INQUIRY COLUMN.

Auckland Star, 2 January 1931, Page 14

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.) [Letters of inquiry wftt 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.] A.F.T. —The whole estate goes to the father, who should take out letters of administration from the Supreme Court. You should see your solicitor in the matter. i WORRIED.—The shares now belong in the proportion of one-third to the father and two-thirds to the child. The child's share will not be taken. W..l.—The child is legitimate and takes its father's surname. ANXIOUS. —The effect of bankruptcy on the transaction depends on the intention with which you signed the mortgage. Provided that there was no intention to defeat or delay your creditors or to give your relative a preference over other creditors the mortgage is unassailable. The longer the period between the giving of the mortgage and your bankruptcy the more secure the mortgage becomes from attack by other creditors. BLACK CAT.—The liability for sta.mp duty is on you, and if the other party has to pay the duty he can add the amount to his claim against you. On the other hand, your offer was generous enough, but you cannot compel the other party to release you from your bargain, You may take the risk and leave if you think the chance of action being taken is small. WORRIED MOTHER.—The wife must Hva in the home provided for her by her husband provided it is suitable. Your complaint is not that the home is unsuitable but that it is too good. If the wife does not accompany her husband to the new home she .•*« the deserting party cannot compel him to maintain her. WIDOW. —The legacy will not interfere with your pension.

G.S.—The penalty will- accrue in your case on the 2.jth of January. Q B,—The payment of sustenance is in the discretion of the board. The Act contemplates payment only -when work cannot be found and the worker is ready and willing to work. The Act is not for sickness benefit, but for unemployment benefit. g,B. Apply at the court here for a variation of the order, cancellation of the arrears and the order for imprisonment. ANXIOUS. —I cannot advise on the terms of a local award unless a copy is sent me. Yon will find that your union secretary or the Government Department of Labour will advise you as to rates of payment and terms of employment. B.C.—The most certain way of getting the Information you require is to instruct your solicitor in Auckland to obtain the information. There is no obligation on the Department to answer your queries. BETTER TIMES. —If rates have been unpaid and the council sues and obtains judgment, it is entitled after six months to apply to the Registrar of the Supreme Court to sell the land. If after a further six months the rates are unpaid, and the judgment unsatisfied, the land may be so'.d. SUBSCRIBER.—(I) The rent may he raised as a condition of your being allowed to remain. (2) The answer to this question depends on the nature of the work. For instance, if you were a milkman, farm hand or taxi driver, you could not refuse. L.s.V. —The whole matter can be put through at a private session of the Magistrates' Court. The fees amount to a few shillings only. ANXIOUS. —(1) The conduct you mention amounts to a breach of contract or promise. (2) The amount you can obtain depends on the financial position of the father. The average is about ten shillings. VENDOR.—The commission is five per cent of the annual rent. On the purchase, if completed, usual commission is payable. INTERESTED. —The consent of your parents, or, if they refuse the consent, of a judge of the Supreme Court is required to your marriage until you are 21 years old. P.H.O.—If the conditions on which the payment was made can be satisfactorily proved they can be enforced. You are doubtless liable to the undertaker and probably your brothers also. CLARENCE. —You became a guarantor and thus personally liable for the payment of the principal and interest. HARDSHIP. —The lawyer's statement is probably true as it is true of most mortgages. Your friend should make her arrangements in advance. While the power to sell is exercisable it may not be exercised at once.