LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXV, Issue 271, 15 November 1934, Page 16

LEGAL INQUIRY COLUMN.

« ■ (By BARKISTER-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 they are received, and repl.es will be inserted with the least possible delay.] BESS—You should retain one-quarter of B the contract money for one month after the work s finished. 1 he sud contra, tor. if he takes the proper proceedings within one month of thei com pletion of the work, can require you to pay his claim up to the total contract moneys. II jou I,„ve paid the contract moneys in iu 1 hefore the month expires you will still be liable to the subcontractor. IXQUIUKR.— If JOU had mentioned the 1 value of the cottage and the amount, of the loan I could have Riven you a definite answer. It seems, however, that von are not eligible for a pension, „"•at most eligible for not more than about £10 per year. VI, (Newmarket).— According to the ''■strict letter of the agreement the amount was due. and Is not thereto) e recoverable. In the circumstances any reputable Hi'n would make you an allowance on your old payments if you buy another article. ACCOtXT.—In the first place the assets of the deceased are primarily liable for the expenses. If there are no assets then vou can claim contribution only from those who have agreed to , contribute. SLWW JIM.—As a matter of convenience the easiest way to accomplish your wishes is to pay the sum asked. As a matter of law if you can definitely prove your ownership you may sue and get the animal hack in that way: but it will probable cost you as much and even more. j 11.M.S. —It may be necessary for you to apply to the Court for substituted service of the summons. If the facts | are put before the Court some order permitting you to serve the manager or to advertise the summons will be ] made. '

WORRIED (Wuihi). — (1) Whether you I return the article or not does not alter your liability for theft, though it may affect the penalty. The facts mentioned in your letter do not amount to theft. (2) The money is due and may be sued for in any case. (3) Your best plan is to complete the payments as soon as you can and retain the article. 1 BOOKIE. —You arc bound to pay a reasonable price for the book, but that may be much less than you have agreed to pay. The seller is not prevented from cancelling your order if he wishes to do so WOMAN TAXPAYER. —There If no definite provision for such ease?. The relief worker will piobably be permitted to receive extra work and pay for the extra dependent. Failing that, the Charitable Aid Hoard may assist. CONCERNED. —From the point of view of the mortgagee the registration of a formal extension is necessary only if he wishes to bind all persons concerned not to repay the mortgage before the new maturity date. SEPARATION. — (a) The grounds you mention arc; sufficient, but it is usually difficult to establish them by evidence that is convincing. (b) If a wife is entitled on the facts to a separation, I then she is not deemed guilty of desertion if she leaves her husband. If. however, she falls to establish a case for separation her action in leaving her husband becomes desertion. (c) This suggestion is wortli adopting In such a case. (