LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXV, Issue 45, 22 February 1934, Page 22

LEGAL INQUIRY COLUMN.

(By. BARRISTER-AT-LAW.) [Letters jof, inquiry will De 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 iclay.] ' ;, - / WORRIED i OWNER. —You must give the owner a notice Under the Mortgagors' Rel.ief Act of your intention to exercise the remedies under the mortgage. If he does not apply for and obtain relief, you may then sell the property, or go into possession. A claim for damages is not worth pursuing, lor,, if the mortgagor cannot pay interest how . can he pay damages? You ■ may ./sue for the principal and interest, but it is ■not worth while ii' the mortgagor has no means. WORRIED.—In the circumstances you mention you would not be guilty of bigamy if you remarried. If, however, your first wife is in fact alive your second marriage will not be valid. LEASE.—You are liable for the arrears, but if your' account of the conversation between you and your landlord is accepted you will not be liable for rent after you left. If your landlord sues, and obtains judgment against you he may <Tause your assets to be sold, except furniture and tools of trade and clothing to the value of £ 30. Your fowls and trucks could be seized. Au order 'could be made on your wages. -The fact that you have made an offer does not prevent your landlord suing. ANXIOUS JIM.—You should be able to enforce your agreement, though the absence of writing presents certain difficulties. On the whole, however, the absence of a written contract. should not be fatal. The case should be carefully handled. . \ PUZZLED.—If the child has not been committed by order of the Court to the custody of its grandmother, you may insist upon the child being handed over, and failing compliance you may proceed in the Court. If the child has been committed already by the Court, apply for a rehearing. The authority which you refer to is probably only a permit, and if so does not bind you. Make sure of your facts lirst, however. ORPHAN.—You are liable to contribute to your-brother's support,but in view of your income I should, say that* o/ per week is as much as you would be compelled to pay. - - , JUSTICE. —The Charitable Aid Board will attend to your wants if you become homeless and destitute. If you are on relief work you will have no difficulty in renting a house or a room. B.J. (Whangarei).—You do not appear to be entitled to compensation. CLARION:—You must consult your own interests. The present owner probably feels that with both mortgagees on the property there is nothing in it for pel, and she may do nothing to save it. You should ascertain the position of the first mortgage, and give a notice under the Mortgagors' Relief Act to the owner. Probably the property will come back on your hands, and you will then have to pay the arrears of interest and rates. You need not compensate anyone. AGENT.—Unless your lease covers the position you have no remedy against either your landlord or your 1 competitor. You may find that your principals will help you if you mention the matter to them. WORRIED.—If the company has arranged a compromise with its creditors and the compromise has been approved by the Supreme Court you are..bound by the terms of the compromise: Otherwise you may insist on .payment. C.L.—I cannot advise you as 'to the precise effect of a document unless you submit the document itself or a copy for my perusal. It is, I understand, not, usual for the Department 1 - in Question to give a clearance, and if you have not had a complete release you are still! liable, and any assets you may have at any time could be sold to satisfy your liability if the mortgagee takes the necessary steps. HOPEFUL.—I am afraid that I cannot agree that the letter is a clear and definite agreement to release you from your liability under the original agreement. You are entitled to credit for the value of the machine at the time it was returned, but there does not appear to be any agreement that the .vendor would credit to you the whole amount owing. It may' well be, of course, that the set is worth the amount' owing, but that is a matter of evidence. Nevertheless, it is probably advisable to deny liability for the repairs. IN DOUBT. — (1) Y<yi must pay 1/ in the t on the interest earned, but'• not: the money Itself. (2) As only the. interest and not the whole deposit is taxable you cannot deduct the items - you mention. - HOPEFUL. —There is no hard and fast rule. Simply apply, and try your luck. FOWLHOUSE. —Strictly you'have no right to remove the structure. LESSOR. —(1) The "ustom is for the tenant to pay the costs of a lease, just as a purchaser pays for the cost of the conveyance. (2) The tenant is also liable for the stamp duty. ANXIOUS.—You should not be charged interest upon interest, and you should receive the benefit of the statutory reduction in interest. It is impossible to state offhand what you really do owe now, for the dates of the various, payments must be considered in calculating both the interest and the reduction. It is "probable that the -■ reduction you should ; receive is between £3 and .£6. ,It.will probably pay you to see your solicitor and get him to settle the amount you are to pay with-the vendor. --.. J • •;.*