LEGAL INQUIRY COLUMN

Auckland Star, Volume LXVI, Issue 102, 2 May 1935, Page 16

LEGAL INQUIRY COLUMN

(By BABIUSTEB-AT-I/AW.) 1 Letters of inquiry will be answered every week In this column. .As fur as possible tliry will lie dealt willi in the order In which tlie.v are rcceiveU, and replies will be Inserted with the least possible delay.]

X.Y.Z. Your liability for the whole of lite mortgage is not affected by vacating (lie property, l'our lialiiliiy can be terminated only by redffyment or by (lie mortgagee granting jou a release or by bankruptcy, 'fhe Department will doubtless rent Hie hoUbe, and as tlie opportunity arises will sell il. ll' there is any dettclcucy between the purchase price air.l the amount owing under the morlgage it will demand Hi.it you liny the amount of the deficiency, Whether furl her steps will be taken to enforce payment will depend upon jour financial position al (lie time. If your wages an- large enough you may have to pay off the debt by Instalments.

JUSTICE.—(I) The will is sill] valid. CJ) A claim could he made but probably the unclaimed asset has been acquired by the Crown.

I'EBI'LEXBD.—The non-payment of the costs will not prevent you afresh. I'crhaps your wife will take proceedings against yon tor divorce, and so long us a divorce is obtained li Is of little Importance which party is the petitioner. Yon might he con sidered eligible to petition as a pauper. ANXIOUS.—(I) Vou are not eligible for a pension. (1') I,'nless you consider that the hom-c is nn asset all you need do Is comply with the request. If you wish to retain the house you shoul',l apply under the Mortgagors' Uellcf: Act for relief.

BULRUSH. — (1) The hedge is common property and eilher owner may cut it. but must not destroy it or reduce it to a height at which it would be Ineffective lis a fence. (1!| 111 tills instance the fanner tenait has no right Ih cut the hedge as it Is not a boundary hedge.

A.L.S,—Your Interest should have been reduced to r> 1-0 per cent. You Co not say whether you wish to keep the pro perty or not. If you do. you sdinuld apply for relief under the Mortgagors" Helicf Act. You might be granted a reduction in interest, especially on the second mortgage, and the mortgagee might be restrained from calling up the mortgage for two years. Your ease is one where you could expect most sympathetic treatment. K.S.T.^—You do not appear to be eligible for any pension. J.T.: —Generally speaking, if your solicitor has caused you loss by negligently performing ids duties to you, he is liable to you in damages. I cannot help you much unless you write again giving the facts upon which you rely. Igsnn then advise whether the solicitor has been negligent, and what your remedy Is. INQUIKER. —It Is too late to claim compensation. Nevertheless I think thai your former employers might be willing to make some payment if the whole circumstances were placed before them. HOPEFUL STILL.—The declaration and claim for rebate is the basis of your claim. It Is too late to amend the claim. There is nothing in your letter which justifies the council in making the rebate. It may be. however, that the actual dates mentioned in your declaration do cover a period of six months. if you write again giving the dates T can dispose or this last possibility, but I cannot hold out much hope for you. FARMER.-f The Rural Mortgages Ulnal Adjustment Act will lie of little use to you. Your troupe is that vou pahi too much for the pronert'', but you paid so much in cash that the property is not excessively burdened today. Yoii are In fact quite able to carry on, and even to repay the mortgage. FAIR PLAY.—You cannot legally be compelled to pay tho expenses claimed. It is. nevertheless, usual to claim It. %V..T. (Ilerne Bay).—One cannot estimate the reasonableness of the fee without knowing how involved the case was. The fees, if they include solicitor's ns well as counsels' fees, are by no means unreasonable. Counsels' fees are not taxable. R.M.D.— (1) Ambulances and Are engines are bound by the rules of the road. Their drivers are liable for any damage done through negligent driving and the drivers' employers are also liable if the damage arises in the course of employment. (2) A prosecution will succeed even if the motorist does beat the train to the crossing. (.1) You have no right to order another person out of a telephone booth. j