LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXV, Issue 69, 22 March 1934, Page 27

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-I«AW.)

i [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 are received, and replies will bo inserted with the least possible delay.] WIDOW. — (1) lam inclined to think that the promise is too vague to be treated as a contract. Your letter does not give any precise information as to whether the condition of the promise has been fulfilled. (2) Your letter does not disclose enough information about the dates to enable me to advise to what you are entitled. There should be no difficulty whatever in fixing the amount by referring to tiio relevant documents. When the transaction was completed vour solicitor should have seen that the correct amount was paid over. All 1 can say is that it would be unusual if the purchaser received the benefit of your payments. ANXIOUS.—If you became 20 years of age In November, you are liable for the November levy of 5/. STUMPED. —The money is yours, but the Department may please itself when it pays you, and if you cannot show some reasonable purpose for requiring the money tlie Department will feel that it is in your best interests to withhold it. The Department may be wrong in turning down your proposals, and next time it might bo advisable to arrange for your solicitor to submit it to tlieni. TENANT. — (1) The landlord may put in a bailiff. (2) Your remedy Is to leave if you are forced, or to make the best bargain you can with a view to remaining. Why not interview the owner 1 AGREEMENT. —The agreement can be enforced cither by applying to the Court for an injunction or by suing for damages or both. TROUBLED.—Your son, brother and sister may be compelled to contribute towards your support it they are financially ablo to do so. It is well worth your while pressing the matter. POST. —The matter is one for your landlord. but in any ease it is surely not worth bothering about. If the post is your neighbour's she may remove it. If it is on the boundary it is joint property, and should not be removed by one party. I RENT.—Six years from the date of the ' last payment is the time within which proceedings must be brought. ALL BLACK. —The second mortgagee may exercise all the remedies and powers under his mortgage, subject to your night to apply for relief under the Mortgagors' Relief Act. ANXIOUS. —Your letter gives no grounds upon which you may insist upon a reduction. BOATHOUSE. —If you have consented or acquiesced in the repairs being effected you will doubtless bo held liable, if not under the proceedings now brought, then by way of lieu. The complete answer to your problem depends upon the facts, and in a letter it is not possible for you -to cover them all. Consult a solicitor. ANXIOUS. —Unless the husband made himself liable by signing the mortgage, his estate will not be responsible for the mortgage. ANXIOUS. —The only persons concerned in the car are the seller and the Official Assignee. The seller is quite entitled to sieze if you do not observe the terma of your agreement. C.B. —There is no time limit. INSTITUTE.—If you have made a payment on account within the past sjx years the creditor may sue lor the balance. GLEN EDEN.—(I) You probably should have given one month's notice. (2) Your rent should liav.e been reduced to 20/. Write at once to the landlord, requiring him to credit the excess paid within tho past three months towards the amount ho claims as due. This will reduce his claim considerably—so much so that you may feel justified in ignoring it. .. A.B.C.—Your sons, who are of sufficient financial ability to contribute to your support, may be compelled to do so if you are destitute. But are you destitute? Cannot you live in cheaper 1 premises? DUBIOUS.—You are not entitled to a : pension. ACMENA.—You cannot compel your neighhour to cut down or trim the tree. You may cut the roots when they cross the ' boundary. :