LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIV, Issue 241, 12 October 1933, Page 22

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.)

[Letters of inquiry will ue answered every week in Uiis column. As far us possible they will be dealt with in the order in which they are received, and replies will be inserted with the least possible delay.]

X.Y.Z.—Unless 'you have sold the copyright to the publishers, it Is still vested iii yon. and no permission is required to re publish the works. DAUGHTER. —Scach at the Supreme Court offle<- in Christchurch. A local solicitor will arrange lor his Christchurcli iißont to seurch for you. It may cost you a guinea and a half. DOSS.—You may leave homo-just whenever it suits you. BAFFX.ED. —You arc not entitled to compensation from your employers. 1C vou can show that tho accident was due to carelpssnes son the part of the driver nml not to your own. you will be entitled to damages from the Transport Board. TURXED DOWN. —There Is no appeal. 1C tho magistrate is not satisfied that you are of good moral character and loading a sober life, ho may refuse you a pension. That is the effect of the section to which you are referred. ANXIOUS. —(1) Under the Mortgagors' Relief Act (he mortgagee must give one month's no'.lee in writing. The mortgagor may then apply for relief. The arrears may bo postponed by. tho court if it thinks- it would lie a hardship on the mortgagor to permit the. mortgagee to exercise his rights. ILL. —The council will lie liable to you in damages if you call establish negligence in its servants. The fact rhflt tho excavation was lighted will make it difficult for you to satisfy the Court that H was not your negligence that caused the accident. M.B.O.—You may sue for possession or employ a bailiff, to eject the tenant, 8.0. — (n) 1C you sue for divorce on the grounds of desertion for three years, you must prove three yours' desertion. If you sue on Hie ground that a separation order has been ill force for three years, you must prove that three years have elapsed since the order was made. (b) You are probably eligible to proceed as a pauper. Consult your solicitor. I would advise you to sue on the grounds of divorce. X.D.—Hand the things to tho police. AXXrOUS. —If the expenditure has boon properly incurred you may deduct I lie amount, before you distribute the estate. ARTICLES. —You may notify tho owner to remove the articles, and that. If ho does not remove them after a reasonable time, you will charge storage. The owner will then be ' bund to pay you reasonable storage. You cannot sell the articles. ANXIOUS MOTHER. —Tt Is far too Info to reopen tho. case. There might have been some chance of obtaining a retrial on the grounds that tho damages were too small. U.W.—Your son has the protection of the Mortgagors' Ticliof Act. and if tho mortgagee insists upon repayment your son may apply for relief. In tho circumstances you mention relief would bo granted. BAX'SWATER. —Tho creditor Is not bound to give you an account. You can just as easily keep a record of tho payments as he can. My advice to you is to pay o(T tho debt as soon as possible, for if is unlikely that your creditor will bo so patient as to accept such small payments for long. TOX<;.\. —I am afraid you use the word dedicated in a different nensf from most. If tlio road does not appear on your title, has never boon surveyed or dedicated, it is not fl road at all. You may treat it as your own land, as it is, if your title does not show it, or you may form nnd dedicate if at your own expense. You cannot compel the council to spend money on it. If the council has spent public money on the road that is equivalent to dedication. PENSIONER. —Assuming that neither of you have any n«p«ts your husband may earn up to £78 per year. RELIEF WORKER.—You may claim compensation for all damage done. LILIAN. —(1) Unless tho wife opposes tho petition if will bo grunted. (_>> Tin? Court will grant her maintenance if she applies. (3) Yes. j THANK YOU. —If your brother has brer, negligent in delaying registration ho i will be liable. Otherwise your only i remedy is against the Keller if ho has | received moneys which wore, by the terms of the sale, to go to you. I