LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIII, Issue 183, 4 August 1932, Page 23

LEGAL INQUIRY COLUMN.

(By 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.]

CONSTANT. —I regret that T am unable to understand your letter. If '. a f you say, you have to write so that your letter would not lie understood if intercepted, you must realise that I cannot understand it cither. PAPAKURA.—Letters can be answered only through this column, except in special circumstances. You must pay vour own solicitor whether you succeed in recovering the costs allowed by the court against the other party. Your solicitor, who knows the facts, can advise you to whom the money must be paid. HARD UP.— (1 and 2) You are not entitled to the family allowance even at your reduced wage. (3) It is in the discretion of the Minister in charge of the Department whether the child is included. K O'C —If you are destitute and your children are able to support you they may be compelled to do so. I do not suppose you would obtain more than 4/b per week from each, if they are able to pay at all. r O'C Lay a complaint under the Destitute Persons Act if you cannot arrange for payments without proceedings. MUM. —The Mortgagors Relief Act will protect you. If repayment of the principal is asked, apply for relief. In your circumstances you will not be refused relief from payment of principal. If you sign a renewal you may • lose the protection of the Act and also the 20 per cent reduction. ANXIOUS MORTGAGEE.—The deduction of 5/ per wec"k does not affect the interest. It. Is merely a reduction of the Instalment of principal. Interest will henceforth be 5J per cent on both mortgages. W J G.—lnterest should be charged at 53 ' per cent from the let April, 1032. FLOWER. —I assume that you kept the £10 after you knew the terms upon which it had been given. In law you have been paid full compensation, for, by accepting the money and giving a receipt in settlement, you agreed that you had been fully compensated, lou cannot now claim more. CD., Newmarket—(l and 2) If the mortgage was signed after April 18, 1931, it is not covered by the Mortgagors Relief Act. The lender may therefore sell the furniture or sue you at pnee if he is not satisfied with your reduced payments. (3 and 4) The interest is not unusually high and will be reduced by 20 per cent, or one-fifth, from April l, vV 55 ( a ) The husband will obtain a * ' 'decree unless the wife opposes it and shows that he was the guilty party, (b) The wife may obtain a divorce. TA.Y.—The interest should be reduced to 5 1-5 per cent as from April 1, 193-'. FAIR PLAY. —You are not entitled to any reasons. The notice seems short, but I doubt whether it is less than you are entitled to. CLE \NBR.—There is nothing in your letter which suggests any deceit. The nonpayment of the unemployment charge is of course, an offence, but does not render the evading party incapable of carrying on his business. ANTI-TREATING. —The anti-treating legislation was repealed in 1920. WINE LICENSE. —(1) Apparently no license is required for B. (2) a his question will ne answered next week. FAIKPIjAY.—If your land is fenced, that is enclosed within a fence as described in the Fencing Act, you may destroy poultry found trespassing in your garden. You must, within 24 hours, send in writing a description of the animals destroyed to the owner thereof If the carcases are not removed within 4S hours of being destroyed you must bury them. You should first satisfy yourself that tho local borough council has not passed a resolution declaring these provisions not to be in force in your district.