LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIV, Issue 115, 18 May 1933, Page 15

LEGAL INQUIRY COLUMN.

(By BARRISTBR-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.] M.L. —Your rent should now be reduced to 4-sths of the rent payable in January, 1030. Write to your landlord requiring him to credit you with any excess paid in the past three months, and he is bound to do so. Y.Z. —Your interest should now be charged at 5 3-oths per ccut. It was most unwise to agree to the increase. If you cannot meet the interest and the mortgagee presses you, apply for relief under the Mortgagors' Belief Act. S.J.—lt will probably cost you up to one hundred pounds as you will have to pay your wife's costs. The case must be in New Zealand, as you appear to' be domiciled here. WORRIED. —I cannot recommend any individual through this column. You can get very little done for less than .£ 10. FAIR PLAY.—The solicitors are responsible if they have lost the document entrusted to them for the purpose of suing. ANXIOUS. —The mortgagee is entitled to possession of the whole property, and vou have no right to remove the shed "or to let it. It is, however, to your advantage to find a tenant and refer him to the mortgagee. WORRIED MOTHER. —Your son is not liable for the hire, and it is not likely that the claim for damage will be pressed, as it will probably be covered by insurance. If any action is brought against your son, ho should defend and also join in the other party. HOUGHTON. —I think you may fairly deduct the rates from your declaration of income. Repairs and depreciation may also be deducted. HONESTY.—(I) and (2) The trustees cannot insist upon a release if, in fact, they have been negligent. You should give them reasonable notice to pay over coupled with an intimation that interest will be claimed at G per cent if payment is not made after a certal i date. (3) If you want the money you must be prepared to fight for it, and to take the first steps by suing. (4) According to the scale the costs could be anything up to £300. I could not give you a reliable estimate. QUERY. — (1) No tax is payable. (2) The death of a witness docs not make a will invalid. M.C. —If you cannot meet the outgoings apply for relief against both the landlord and the mortgagee under the Mortgagors' and Tenants' Relief Act WONDERING. —You appear to have been justified in leaving your husband, and if you care to defend he would not succeed in obtaining a divorce. You are certainly entitled to maintenance, and would be entitled at least to have your preliminary costs of defence paid before your husband could go on with ills case if you take proper proceedings. WORKER. —You may issue a distress warrant for a few shillings. If the debtor has anything of value beyond £50 worth of furniture, it will be seized and sold. F.R.—The party authorising the tradesman to do the work is liable. The mortgagee, if the repairs are necessary for the preservation of his security, may in any case charge the cost to the owner. FAIR PLAY.—Your rent should be 4-stlis of the rent charged in January, 1930. JANE.—The girl may simply assume your husband's surname. Adoption is not expensive. The girl may also, when she reaches the age of 21, change her name by executing of deed, enrolling it and advertising the contents of the deed, . '-fi PERPLEXED.—If you attempted to call in your mortgage the mortgagor would apply for relief and would undoubtedly be granted It. Make the best of things as they are. ,T.S.—The mere exhibition in a shop window of an article with a price ticket upon it does not bind the shopkeeper to sell to any customer the article In question at theiprice shown. REX.—If you have reason to believe that the mortgagor can pay, give a notice under the Mortgagors' Relief Act, calling up the mortgage. If he applies for relief his circumstances will be investigated. If he does not apply, you will then be free to exercise all your remedies, and, if you wish, to make the mortgagor bankrupt. RAINBOW. —The new rates are 6 per cent and 5 l-sth per cent, both being reduced. If you apply for relief when pressed, your other assets may be temporarily protected by the terms of the order granting relief. ANXIOUS. —One calendar month's notice in writing should be given. INQUIBEB. —As soon as you are aged 00 you should apply. You should receive just under £3 per month. HAPPY. —(1) About August. (2) Probably no further notice will be given Jfrou. (3) It . is highly desirable that "-you should enter an appearance so that proceedings can be watched on your hehalf. See your solicitor at once. (4) No notice need be given. (5) You will not be notified. (6) The clause does not amount to a claim for your money. MRS. M.S. —As your net income from the properties is under £20 for the year, you need make no declaration as to your income, and are not liable for tax. ANXIOUS. —You cannot claim the widows' pension. K.lC—As administrator you may hold the funds yourself. R.S.N.L. —You may cut back the overhanging branches. It is far too late to take action under the section you quote, for the Court of Appeal has decided that before becoming entitled to destroy the trees, you must secure a conviction against the owner, and a conviction cannot be obtained after 6 months from the time of planting. INQUIBEB. —(1) The candidate Is entitled to be enrolled as an elector, and Jf tie is so enrolled he is eligible. (2) He would not be ineligible in the changed circumstances you mention. INQUIRER (Brown's Bay).—The best plan is to notify your neighbour that you will shoot fowls running in your garden. If this is not effective write to me again and I will give you the procedure to be followed after destroying the fowls, nnd you may then carry out your threat to shoot. WAR WlDOW.—After your children arc both 1G years old your pension will be 30/ per week. You should apply for an economic pension if you are not drawing it now.