LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXV, Issue 205, 30 August 1934, Page 23

LEGAL INQUIRY COLUMN.

(lly BAIIKISTEIt-AT-LAW.) [Letters of inquiry "v\- ill be answered every week in tl.is column. As far as possible tliev will be dealt with in the ord ;r in which they nre received, and replies will be inserted with the least possible ! delay.) rT \V CM Before the mortgagee may exercise the powers under his mortgage lie nni'<t give vou one month's notice of. his intention "to do so. You may tliea anplv for relief under the Mortgagors' Relief \<-t. and in your circumstances vou will doubtless receive relief from iiavment of principal. (2) The council has no power to compel your mortgagee to take action. You must, however, face the position and meet rates soon;r or later. XKMO. Whether you consent or not your mortgagee is entitled to pay the rates, and mav add whatever he pays to :be principal and charge interest on it. In vour case it is desirable to accept tne offer Xo legal costs need be. incurred. ! hut if the mortgagee requires the increase recorded you will have to paj the expense, which will, with stamp, duty and registration, amount to about

J3 S.l).— (11 usually the creditor Is a| pessimist, and assumes that the debtor lias not sufficient assets available for I execution, and prefers to have the debtor examined under oath as to Lis assets and income. (2) So long as the time for appeal has elapsed, or after 4S hours where there is no nppe:il, a distress warrant may issue. This is easilv the most effective remedy where the debtor lias free assets beyond those to the value of £30 allowed by law title exempt from seizure. The only justification needed for the issue of a distress warrant is the lapse of time mentioned above, coupled with nonpayment of the judgment debt or any part of it. INVESTIGATE. —The debtor may b'.* examined on oath as to his assets, bank accounts, etc. Money in the bank may be seized by a creditor tinder an attachment order. On bankruptcy the debtor is required to declare all his assets, the omission of any item, such as :i bank balance, is a criminal offence. All bank books are taken by the Officii! Assignee. K.C.A. —There is very Mttle difference in substance between the agreement offeied you and a mortgage. 1 prefer a mortgage. The wording of the agreement could he improved in several places, and a proper default clause should be included, and also a clause providing for insurance of the building and for payment of rates. You should get your solicitor to prepare a proper agreement or mo'rtgage. ANXIOUS.—Write again and state the facts of your own case. It would a whole column to answer your general question, and there would be so many qualifications to the answer that i~. would be merely a coincidence if It really helped you. NOT SUItE. —Provided that the council his passed a resolution to enforce the additional charge and advertised its intention, it may insist upon payineut. You may apply for remission. lIAKD UP.—Strictly you do not appear to be liable, but morally you are, for yo 1 took the benefit of the work done at your mother's request. In small cases a magistrate is empowered to deeid" the matter as his conscience directs, and may disregard the strict letter of the law. C.N. —Simply inquire of the solicitois whether the deceased left a will, and. if he did. you should be given a copy. If no will was left you will be entitled to a share of the estate. A.J.B. — (l)Tlie owner is not obliged !•> keep the fence in repair. The fencing agreement merely prevents him froro calling upon you to share half the cost of repairs. If, however, you wish the fence repaired you must contribute your half share of the cost. (12) The owner's remedy is to impound the animal. (3) Tlie owner cannot com;j'.l the adjoining owner to repair as a condition of releasing her claim.