LEGAL INQUIRY COLUMN

Auckland Star, Volume LXVI, Issue 264, 7 November 1935, Page 26

LEGAL INQUIRY COLUMN

(By BARRISTER-AT-LAW.)

[Letters of Inquiry will be answered every week in this column. As far as possible thoy will be dealt with In the order In which they are received, and replies will be inserted with the least possible delay.]

ll.G.—The fault was originally yours, and yon should endeavour to arrange a reconciliation, and only when that falls should you Anally close the home. In any case it is probably desirable to put matters on a more definite basis, with a proper agreement for separation and maintenance. You should not, however, be too ready to assume that the breach is irreparable, and accordingly It would be unwise to act too precipitately.

WORRIED.—An attachment order may be made requiring your employer to pay into Court part of your wages, but it is in the discretion of the magistrate whether ho makes such an order. The llrm did wrong in seizing the goods, and you may have some chance of disputing the amount credited you as their value. You have not raised these points for so long that you cannot expect them to be treated as important. You must make up your mind to pay the debt, and to start paying at once, if not as much as is asked, at least as much as you can. You should consult a solicitor If you are sued, as there may be an advantage in counter-claiming for damages for wrongful seizure.

DEPOSIT.—The treatment given you was sharp but I am not prepared to say that it was wrong In law. Unless there is an arrangeincrit to the contrary, the law presumes that a bargain shall be completed within a reasonable time, and I am inclined to think that you left it too long.

HARD HIT.—You appear to have no evidence at all of the loan. If the borrower denies that you lent him money you can hardly expect to win your case, unless'you can bring some evidence, however slight, which corroborates your version. Some evidence might be obtained by your solicitor if he is asked to get in touch with the debtor.

CROWN COLONY.—The draft will be converted into New Zealand currency at the current rate of exchange between the two countries. It is more than likely that payment will be obtained in the form of a sterling draft, which will be converted by your bank at a rate somewhere near £100 sterling equals £124 10/ New Zealand.

SUSPENSE.—From what you say of the value of the property you have no hope of obtaining a further loan on it. You might succeed in selling it. If you apply the purchase money in buying another place, in which you make your home, your pension will not be effected. Your pension may be effected seriously if you give your assets away.

PERTINAX. —The letter rings true and is a fair and impartial statement of the prospects and the risks. From the legal viewpoint, however, you may take it for granted that if you are disappointed in what you get for your money you will find it waste of time attempting to recover it. I do not know the firm and cannot advise you whether it has a good reputation. JUSTICE.—(I) It is a question of evidence. In the absence of the rent book the amount owing can be proved by'verbal evidence, and your evidence is as good as the owner's evidence. (2) It does not follow that the tenancy Is a monthly one just because the landlord omits to call for the rent every week. Y'ou could, however, take the opportunity of suggesting to the landlord that the tenancy be made a monthly one and have this noted in the rent book.

S.S.—Y'our remedy is to sue the owner. It might pay you to try to get in touch with him by advertisement.

ANXIOUS JOHN.—The insurance Is for your benefit. In the event of a fire the insurance moneys may be claimed by the mortgagee but he must apply them in reducing the mortgage. Under no circumstances can he obtain more than is actually owing under the mortgage, and if the insurance money is in excess of the amount owing under the mortgage you will receive the excess. If you think the place is insured for more than it is worth reduce the amount. j

FARMER. —A provisional trustee is appointed who receives the whole income and applies it according to his discretion until the matter has been j dealt with - by. • tae Comaaisalon.