LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIV, Issue 259, 2 November 1933, 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 arc received, and replies will be Inserted with the least possible delay.] WIDOW.—Tour furniture and clothing to iiie value of £50 is exempt from seizure for debt. I very much doubt whether Ibe creditor could succeed even in sueing you and obtaining Judgment after nil these years, but that would depend on the form of the original document signed. ANXIOUS.—Your letter discloses no grounds on which you could remove the executor. As co-executor you can keep a firm hand on the affairs of the estate, and you will have little to fear. CHELMSFORD.—If you are unwilling to pay the higher rent, and cannot agree with the landlord on any suitable rental your only course is to leave. The landlord may terminate vour tenancy on one week's notice at any time. WORRIED.—If you can borrow on the property why not borrow the £5 required to clear it? I think you would bo well advised to apply for relief, preferably after you have cleared the second property. It is quite possible that you may resume collecting the rent yourself, but it is not possible to say definitely without more detailed information than you have given. I would strongly advise you to consult your solicitor. LAVA.—The agreement is not in strict accordance with the form prescribed by statute, and you should succeed In defending any claim made. You may therefore ignore all threats, and if you are sued defend the claim. PROBATE.—If your wife leaves no will her estate will be divided In the proportion of one-third to you and twothirds to her son. FAITH.— (1) There is no restriction. The party must pay the hire agreed upon, or, if none is agreed upon, then he must pay a reasonable hire. (2) The position is the same in the case of food. (3) You may claim the amount by which your property has been decreased in value by reason of the damage done. (4) It would be necessary to know the history of the ownership of the property before answering your question. If the share is only nn equitable share, then the debt can be debited against the debtor's share, thus in effect forfeiting it. If, however, he has a legal interest it will be necessary to sue and sell the share. GAUCIIO.—If you are not satisfied take over the collection yourself and place it in other hands. M.T.B.— (1 and 2) The local body is entitled to let the hall or not as it pleases and upon~such terms as it thinks fit. (3) If a member is absent from three consecutive meetings without the leave of the board he loses his seat. (4) The Gover-nor-General-in-Council appoints a new member to fill the vacancy.