LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIII, Issue 207, 1 September 1932, Page 22

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 bo inserted with, the least possible delay.] DOG IXSVBR. —In the circumstances you mention • you would not be liable for damages, as the injured party would be guilty ' of 'contributory negligence. The danger is that you may have no evidence as to how the. damage aroee or of contributory negligence by the Injured party. TKOXJBIJED.'WATJEBS. —It would be neces- . sary to know the history of' the property and embankment before advising you. The permanent levels of all city roads can be ascertained from the •council offices, and it appears to be too late' now to be objecting to the ■:j high level. DEFENCE.—-You may charge if there was on agreement for payment or if one ' can be implleti. Your letter does not disclose any grounds upon which you could claim payment. 444,—Y0u may sue for the return of the furniture or its value, but there seems but little prospect of actually getting it back, though you will obtain judgment. 444.—Y0u cannot interfere with the iodger'e pension, and his conduct is not of such a nature as will make him ineligible to receive a pension. 55. —You cannot apply for the pension until you are 60. OPPRESSED.—Your solicitor is entitled ' to retain your documents until he is paid. YORKS.—Apply for exemption. ANXIOUS. —Give the tenant,a valid notice to quit, and sue for possession if ha does not leave. GLEN.—The solicitor has done the main thing, namely, had the claim against you withdrawn. To that extent he has earned his fee. If you make a demand on the company for the article in question you will doubtless receive it. You must remember that the article was not the subject of the proceedings. If it is not returned, sue for it. MORNINGSIDE.—You are entitled to the full 20 per cent reduction. LOUVAlN , .—Whether you will get your money back depends upon whether the company owed more than its assets have produced on realisation by the liquidator. If after all creditors have been paid there is a surplus, the preference shareholders will share it until they have got all their money back. The balance, if any, will go to the ordinary shareholders. The liquidator will give' you a rough idea as to how the liquidation is likely to pan out. RETURNED SOLDIER. — (1) -You remain liable under the mortgage. You should apply for- relief so that your interests may be protected. (2) The deed of covenant is no protection to you. WORRIED. —There will be no defence to a claim on the promissory note. It does not follow that a claim will be made. If your daughter is an infant she wilt be able to defend successfully. It is probably best to lapse the policy at once and refuse, to meet the note and eee what happens. Do not be frightened by mere threats. ANXIOUS. —After three years* separation you may petition for divorce.

WORRIED.—You are entitled to a reduction of 20 per cent from the rent "n"eh would* have been charged had your lease been entered into in January 103 Q. The reduced rent begins on April 1, 1032. MRS E F—Your rent should be reduced to a figure which i* 20 per cent less than the rent w-hV.-U would have been charged in January. 1030- 1° n ",""* babillty this means only a small reduction, if any. DISTRESS-ED.—The police will be able to give you most information. It might be possible to petition for restitution of conjugal rights. Your daughter has been deserted and may obtain a divorce after three years. DAILY READER. —The interest is reduced by 20 per cent, but not to a lower rate than 6J per cent as from April 1, 1032. PENSIONER. —Provided your total earnings do not exceed £39 per year, your pension will not be affected, You will probably have to allow something for your keep. INQUIRER. —You are not liable. PENSION.—Write giving details of the years of arrival in and departure from New Zealand. To answer your .question in general form will tafce a great deal of space, and you may not follow the answer.