LEGAL INQUIRY COLUMN.

Auckland Star, Issue 17, 21 January 1932, Page 11

LEGAL INQUIRY COLUMN.

(By BARRISTER AT LATV.) [Letters of inquiry will bo 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.] FAIR PLAY.—Give notice that after seven days you will charge storage at half a crown or five shillings per week. When a few weeks have gone by sue for the nmount and if it is not paid have the goods sold under a distress warrant. A. MALLET.—You may sue for the unpaid wages. If the records have been destroyed verbal evidence as to the amount can be given and your word is just as likely to be accepted as your employer's. You should make up the figures as well as you can from memory and demand payment before you sue. D.W. —Your borough council may be able to take action under its by-laws. Otherwise your remedy Is to sue for damages and an injunction on the ground that the factory is a nuisance. ANXIOUS. —Can you not take proceedings to enforce the maintenance orderV A pauper's divorce may be obtained if you lay your ease before a barrister for his opinion, and if his opinion is favourable you apply to the Court for leave to petition as a pauper. FURNITURE. —On bankruptcy the debtor is entitled to retain his personal and family clothing, tools of trade and furniture to the value of £50. Similarly, a bailiff executing a distress warrant in pursuance of a judgment must leave the same goods to the value of £ 50. ANXIOUS. —Unless a will was left you cannot make any claim. You have no claim in any case upon your brother-in-law's estate. CYANlDE.—Receipts for wages do not require a receipt stamp. Unemployment stamps must, of course, be purchased and cancelled. P.Q.R. —The statement in Stephen's Laws of England Is no longer good law, either in New Zealand or in England. The contract would be valid in New Zealand if in writing or followed by part performance on the part of the joerson wishing to enforce it. DEVONPORT.—In the space available I can answer your various questions briefly as follow:—(1) A change of trustee is advisable; (2) a new will automatically cancels the old one; (a) it is not necessary, but out of courtesy it is usual to give notice; (4) the commission would be between £50 and £7i>, death duties would be approximately £150; (5) I would advise you to sec your solicitor.