LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXV, Issue 277, 22 November 1934, Page 28

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 denlt with in the order in which they are receive*], and replies will be inserted with the least possible cel. ay.]

F.C.D.—(I) If you are satisfied that after providing for maintenance for himself and bis wife and family the debtor could pay your debt, you should issue a judgment summons. (-) Unless there is an arrangement to the contrary the rent should he called for. I do not think that the agent is obliged to inform you wlieu the house is unoccupied. ANXIOUS. —A deed recording the alteration should he signed and stamped and duly enrolled in the Supreme Court, and its contents advertised In the local I'ress and the Gazette. Apart from advertising expenses, which will depend upon how much you go in for, the expense would bo about £5. ARGENT. —I cannot predict what the law will he next February. All I can say is that at present it would lie Illegal to do as you suggest, and unless the law is changed it will still be illegal In February. RETAIN.—You may hold up to £30 in cash or in the hank without affecting your pension. J.A.—You cannot re-marry until the decree is made-absolute. If your wife has not had the degree made absolute you may do so. B.C.—The wife's financial position must be investigated," otherwise the husband cannot prove that lie is entitled to the pension. SEASIDE. —You have no claim. G..T.E.—The property should be bought by you and your husband as joint owners or us tenants in common in equal shares. OLD SUBSCRIBER. —The moneys are not income and are not taxable. INQUIRER. —It is not the income but the capital value of your husband's assets which disqualify you from obtaining the pension. If lie sold the assets and applied the proceeds in paying off the mortgage on his home you would be eligible. WORKING WOMEN'S MOVEMENT.—(I) It is the practice to require the pension to ho paid to the Institution in which the pensioner is living. On discharge the Hospital Board will allow the pensioner to receive enough to live on until next pension day, and will in any case be bound to maintain the pensioner if she is destitute. (2) I do not think that such an officer is available. You should address this inquiry to the board, as it is not one of law. The practice is, I understand, to remove such patients to the hospital. T.G.—The first mortgagee on entering into possession may claim not only future ■ rent, but rent in arrears at the date of liis entry into possession. I.B.—Send me a copy of the rules of your union, for they tlx your rights and liabilities. In writing again please repeat your question. KEREAMA. —Your letter Is too indefinite. Write again giving the value of your interest in the property. I.r.C. —You will need to employ a solicitor. The total expense is not likely to exceed £5, but it is not possible to ' estimate closely, as each ease varies.