LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXV, Issue 241, 11 October 1934, Page 25

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 the.v are receiver], and replies will be inserted with the least possible delay.]

LIVELIHOOD.— (1) You will not necessarily be debarred from obtaining a pension if you run a shop. If the income from the shop exceeds £,10 per year your pension will be reduced. ANNOYED.—You have no remedy at law. All you can do is to leave tlfb place it you do not (ind it suitable. ' SHARES.— (1) It is not compulsory to register a transfer, but until you do you will not be recognised as a shareholder by the company. (2) « Both transfers must be stamped and registered. (3) There is.no line for nonregistration. The stamp duty is increased by 23 pm- cent after one month and doubled after three months. The extra duty is called a tine. You cannot register the transfer until it is stamped and the fine, if any, paid. TENANT.—There is nothing in your letter to indicate that your tenancy cannot be determined by notice at any time and for any reason which the owner deems sufficient. If your tenancy is clearly a weekly tenancy one week's notice is sufficient. Otherwise a month's notice should be given. You do not mention to whom defamatory remarks have been made. Unless the slander has been uttered to a third person you have no remedy. F.T.—(l) You will receive the benefit of the exchange. (2) No tax will be payable in New Zealand on the money. (:j) You can arrange for payment by telegraphic transfer. COAL.—Your wife and yon both appear to be entitled to the pension.

WORRIED.—You may petition for divorce. Simply see your solicitor and discuss ways and means with him. CASH.—You may return the article and sue for the return of the deposit, or yon may retain the article and defend any claim for the balance of purchase money. J.T.A.—If your letter correctly sets out the arrangement the costs of releasing the mortgage and stamp duty and registration on the release would fall on the seller. I have marked with a cross the items in the account which fall on the seller. The agency charge, however, would not wholly be payable by the seller. ANXIOUS.—The property belongs to the estate of your wife. It is for the trustees to meet the liabilities out of the estate assets and the income from the property. E.G.—You may employ your own solicitor if you wish, but the mortgagee may also have his part of the work done by his own solicitor at your expense. The cost is usually about £2. plus your own solicitor's fee of £1 11/6. C.N.—Any firm may trade under as many names as it likes. There is nothing illegal in the arrangement you mention. SETTLER. —Your remedy is to give a noticj to fence or a notice to repair under the provisions of the Fencing Act. In that way you will ultimately recover half the cost of a substantial fence and enjoy the benefit of a proper fence. MALLARD DUCK.—I do not know of any such reward. Write to the Department of Internal Affairs for information on the point. CORRESPONDENCE.—Your son may not be liable for the balance of the fees, but it is not possible to be definite on this point without seeing the contract and entry forms. Only payment can prevent the creditor from suing, but so long as your sou is in his present position be is not likely to be sued, and, it he Is, no serious consequences will follow. You liave done all you can, and can do no more and must let matters take their own course,