LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIV, Issue 211, 7 September 1933, Page 22

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.)

[Letters of Inquiry -will be answered every week in this column. As far us possible they will be dealt with in the order in -which they are received, nnd replies will be inserted with the least possible delay.] INQUIRER.—The shopkeeper is not obliged to soil an article in his window at the price inarko.l upon it. .In law the price ticket is merely an invitation to ii customer to offer to buy at tluit price, and the offer may be refused by the shopkeeper. PENSIONER.—You have paid about £.'! too much. You may, however, claim ti refund of the excess paid in the three months previous to making your demand. Write to your mortgagee nnd require her to credit towards next quarter's interest 11/. , ! overpaid last quartet, and she is bound to do so. WIDOW.—If you have agreed to pay fin excessive price it is probably too late to reopen the matter. Take a menu ■with you #o see the firm, and see. II you can shame them into giving you a fair deal. SUBSCRIBER.—If the amount is largo enough to warrant it you should sue the motorist. The letter is sutheient proof of liability. Write to him again nnd you may receive payment. WIDOW.—The pension is payable only In respect of children, and if you cease to be eligible on account of the child becoming 10 years old, your pension, too, will cease. If you had your youngec children willi you you would continue to draw the pension lor them ami yourself. See the pension officer at Auckland. 02.—1f the drain you speak of is not part of the sewage system, and if there is no casement affecting your title requiring you to permit your neighbour to use your drain, you may refuse to allow your drain to bo used by your neighbour. MOUNT EDEN.—Unless you are destitute of assets, nnd have no income, you would probably be compelled lo pay. Why not apply for relief under the Mortgagors' Relief Acts. TENANT.—If there is a lease binding on the owner, it will also hind the Official Assignee and any purchaser from him with notice of the lease. Unless, however, the mortgagee lias consented to the lease, it will not bind him, and he may sell tho property lo a buyer who need not recognise your lease at all. DOUBTFUL.—It does not. make a great deal of difference whether the executor or life tenant, is liable, lor the property is itself charged, and can be sold if the charges aro not met. The executor is liable only to the extent of funds and property in his hands, and if he has nothing except the properly he will sell it. Unless, on the subdivision iirrangenients. Iho will was altered, the life tenant will be primarily liable.

A^XIOU S .-Your net income maintenance and paid ou account o£ the mortgage. bSth poliSla are in existence, and each is allowed. MJK-γ,,,, may proceed at once without further formality. wmmTED—As vou have kept the claim • ,in 14 days. If .might pay a... However, to compromise and pay aau. UNEJIPnOYMD.— Probably only the sections will lie sold. thS Hpeclflcation you shoultf be, aW| ~ fierce on now the work is to be done. You may retain the post. prpdltora vou have boon released by vour creditors, who agree to accept vo r existing assets in satisfactioii of .vour debts. You are accordingly free to trade again. repu'lSalo the original quotation because by accepting and using the goods you have confirmed it. ANXIOUS. — Write to the insurance company and notify it not to pay to anyone. You should take out administration and sue fot possession of the policy and the balance oi purchase money. COHRECT POSITION. —A weekly tenancy is exceedingly common. A note in the rent book is snfflcient. if there is any reason t<> doubt whether the tenancy is a weekly or monthly one. AT,LION —Five years' residence is required in tin; British Dominions, of which the Inst year's residence must be within New Zealand or Great Britain, and the whole within the previous eight years. TONGA — The Acts' Interpretation Act provides that the Cook Islands are not included In the expression New Zealand when used in a New Zealand statute. My former advice as to tin effect on your pension is correct. SUBSCRIBER. —You may earn up to £C 5 in any year.