LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXII, Issue 95, 23 April 1931, Page 20

LEGAL INQUIRY COLUMN.

(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 the least possible delay.] ,

ANXIOUS.—You may sup for the difference between the amount realised and the total amomit owing for principal and interest and tlie moneys paid by you. You had better make full inquiries as to the value of the other property with a view to deciding whether you will be able to sell it to pay the debt before you take proceedings. HARD HIT. —I do not think the matter v worth pursuing further. ANXIOUS.—A will must be witnessed by two witnesses, who must both be present at the time of signing and the time of witnessing, so that either can swear to having seen tlie testator and the other witness sign. I cannot advise on a document which I have not seen. As a general rule it is false economy to attempt to do an expert's work yourself. WORRIED. —Your Iriend may leave home' provided she conducts herself in a suitable manner. It is, however, important that she should not do so at your suggestion. If she still has marks on her, she should show them to independent witnesses and, if necessary, take proceedings against the person responsible. The treatment she has received is sufficient justification for leaving. SUBSCRIBER- —The party has been guilty of conduct likely to cause a breach of the peace. You could have him bound over to keep the peace. N.L.B.— (1) Yes. or you may do the work yourself. (2) No. D.X. —You may recover damages from the cyclist if he was negligent and responsible for the accident. The police apparently are of the opiuion that there was no negligence, but I cannot express an opinion unless you submit the evidence you could obtain. If you win the case the insurance company will pay the damage. .» ADOPTION.—Inquire at the Child "Welfare Department. WAGER. — (1) Neither wages nor a wager could in such circumstances be successfully claimed in court proceedings. (.2) Most claims lapse if they are not enforced by proceedings taken within six years of the time when they first arose or from the time that the last payment on account was made or last written acknowledgement of the debt was signed. The fact that no bill was sent out does not of itself prevent a claim being made. E.M.M. —If you cannot ascertain which party was liable, sue both jointly. BADLY HURT.—If you can prove negligence you will be entitled to have the damage made good. The driver's explanation is not a sufficient answer. OWNER. — (1) Whether you would be liable or not depends on the circumstances. If in doubt take out a policy. (2) The mortgagee's policy will not protect you. R.A.E. —I cannot pronounce cn the validity of the first marriage on the meagre information you supply. You do not even mention whether the first wife was alive when you married. You had better apply for the pension, and perhaps the matter will be investigated for you.