LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIII, Issue 237, 6 October 1932, Page 22

LEGAL INQUIRY COLUMN.

(By BARKISTER-AT-LAW.) [Letters of Inquiry will be answered every week -in this c01umn. , .., ■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.] J.B.M.—You could attach the', moneys. THOR.—The Act does not prevent private Importation. PlONEEß.—lnterest reductions apply to private mortgages. QUANDARY.—AppIy for relief wojrk. Objection may not be made. ARGUMENT.—(I) If married to a European a native woman may obtain liquor. H.W.J. —You may marry as soon as you have your decree absolute, irrespective of whether you have paid costs. BAILIFF.—You will need strong evidence in order to succeed, especially after so much delay. Sue the bailiff and the creditor. NAMAN.—You should surrender your conveyance, t>ut the mortgage should be surrendered for "noting?" ouly and should be returned to you. ANXIOUS.—If the firm will not accept £1 10/ per month you will have to borrow on the car from another source in order to pay them off. Otherwise the car may be seized. V GOODRICH.—The articles of association of the company should prescribe how the chairman is to be elected. If they make no provision the directors appoint their own chairman. WORKER. — (1) Write to the secretary of the Law Society and your "complaint will be investigated. (2) Send me a copy v of the account and I will check it. The amount varies with clrciun'stances, but ahould not exceed £10 unless two solicitors were concerned. REDUCED INTEREST.—Your Interest will, be reduced by 20 per cent unless a '20 per cent reduction would reduce the rate below 5 per cent. In that event you pay interest at o per cent per annum. Thus, if the original rate was 5 per cent you receive no reduction at all. ANXIOUS.—If the will was proved it would be proved in the' Supreme Court at Auckland. If you search the record /there you will get the information you want as to trustees, etc. It will probably be unnecessary to find the advertisement. Only a methodical search of newspapers will discolse the advertisement. EMBARRASSED.—You cannot compel the mortgagee to take back your property. If you -wish him to do >so and he * • refuses unless you pay expenses, then you must either pay or face the consequences. Those who walk out are those who- have nothing more to lose. If you have other assets it may be wise to protect them and pay expenses, provided you: get a full discharge. MRS. I.B.—(1);. Strictly your notice was not sufficient, but the amount involved is too small to make it worth the landlord pressing the claim. (2) You are a weekly tenant and your landlord may require you to leave on one weekls notice, expiring on a weekly rent day. If you want security of, tenure you , should take a lease. >■ WINTER SPORTS.—I assume that the agreement under which the rent is paid was made before May 10, 1932. The rent being the same as that charged in 1929 and 1930, there ■is no doubt that you are entitled to the reduction of 20 per cent, unless the rent could ' be called a ground rent, in which case the rent need not be reduced below 5 per cent of the unimproved value, shown in the Valuation 8011. . The laudlord's reason is quite : untenable, and from your letter I would not consider the rent to be a ground rent. , J.A.R. —The question is one of fact, not of law. If section 23 is included in the land described in the schedule of the. agreement then you have acquired your brother's share in it. From the plan you send it would seem that the section was included. You have bought a share in all the land described in the schedule, and Surely you can ascertain whether a particular piece of land is included in the schedule or not. J.H.B. —(1 and 2) Unless your wife signci or guaranteed the mortgages she cannot be compelled to pay. Anything which belongs to her cannot be seized or sold for the debt if she is not liable. (3) Your own ossets, except furniture, tools of trade, etc.. to the value of £50, could be seized and sold if appropriate proceedings were taken unless yon obtain relief under the Mortgagors' Relief Act. If you receive a notice calling up the mortgage apply for relief. (4 and 5) In my opinion the money is not income and is not liable to taxation.