LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIV, Issue 283, 30 November 1933, Page 26

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.) [Letters of inquiry will be answered every week in this column. As far as possible (hey will bo dealt with in tlie order in which they are received, and replies will be inserted with the least possible delay.] N.Z.—lt is not so much a question of what is fair as what you have agreed to pay. Most of tlie agreements of the kind you have signed, contain a provision for charging interest on all instalments in arrears. Had you kept tlie original bargain the lender would have received £2 «/ interest for six mouths. He now asks for about another 30/ for an extra six months' use of his money. It is more than likely that this claim is based 011 the document you lirst signed. ANXIOUS. —See answer to "N.Z." l'robably your original agreement provided that interest would be charged 011 all overdue payments. INQUIRER. —A further six months' absence will not affect your right to a pension. AQUA. —There are numerous difficulties which might arise which are not provided for in your rules. It would be more satisfactory to register as an incorporated society, for the investors have 110 voice, under your scheme, in tlie management of the money. The clause which aims to limit your responsibility is not satisfactory from your point of view, and you may have to defend yourself at your own expense if a disgruntled investor questions any of your acts. Tlie general idea is, however, good, but you will find it better to give the investors a voice in the management by appointing a committee which will taKe the responsibility.

lI.A.B.—The action may be commenced at any time within six years of it lirst arisTrig. Delay, however, will prejudice your chances of succeeding. F. —The pension ceases at the end of the pension year in wnicU the child attains the use of 15 years. SECRETARY. —If your society is incorporated under the Agricultural und x'astoral Societies Act, it has the leasing powers of public bodies. The consent of the Minister of Agriculture is, however, required to its leases. All leases should be stamped, but registration is unnecessary for a lease lor under seven years under the Crown grant system and three years under tlie land transfer system. ST. CRISI'HN.—You could apply for exemption. It is net earnings, not gross earnings, which are taxaole. CURIOUS.—UnIess there is a provision to the contrary in the mortgage, the mortgagor may sell the .property subject to the mortgage wituout consulting the mortgagee. MORTUAGOR.—The mere deposit of deeds does not constitute a mortgage. • A is still liable for the money unless the claim is now over six years old. B's representatives have no right to sell the section or to compel A to transfer it to them. Probably A cannot get possession i?l the deeds unless he puys the debt. INTERESTED.—Except in certain cases, hil that is required is that the witness should see the party sign or obtain his personal acknowledgment that the signatiire»is his. There is 110 responsibility for the contents of the document. The real protection is the criminal law, which punishes forgery and impersonation. MOTHER. —It is quite easy to make a will protecting the child. You could, of course, give him property in your lifetime. "NEW ZEALAND.—The charitable aid board is bound to provide you with necessities if you are destitute und incapable of providing for yourself. IN DOUBT.—(I) • If your father leaves no will his estate will be divided between his widow, who takes one-third, and his children, who take the remainder equally.. (2) YOll will not hold the key position unless your grandfather's will so provided. Doubtless the surviving trustee will sell the assets and divide the proceeds. (3) You should get from your father as much information as you can before it is too late. He should also make a will. ANXIOUS. —You may sell your home and buy another. X.Y.Z.— (1) Return the mail to the postman. (2) The owner of the land is liable for damage done in such circumstances, if the car owner, by the exercise of reasonable care, could not avoid the danger. (3) The widow, unless she was otherwise well provided for or wholly undeserving, would probably succeed in getting an allowance. TIMARU:—You had no right to sell the ring. In any settling up you will have to give credit for its value and possibly something more as damages. E K—if the evidence of value is satisfactory a loan may be arranged, but from a lender's viewpoint it is risky. ANXIOUS.—It is probably the other pension which prevents you receiving the full old age pension.