LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXVII, Issue 167, 16 July 1936, Page 27

LEGAL INQUIRY COLUMN.

(By BAKRISTBR-AT-LA.W.) [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 replies will be inserted with the least possible delay.]

DUNDEE.— (1) Anyone may serve the proceedings 011 the opposite party. (2 and 3) A divorce citation is served by handing the respondent a copy of the citation with a copy ot' tile petition, and showing the respondent the sealed citation. The respondent's copy is not sealed or stamped. (4) The respondent is usually asked to sign nn acknowledgment of service and identity. (.") and (!) The date of service is not shown in the respondent's copy. The time runs from tiie date of service. PERPLEXED. —You should have carried out your agreement. As you did not you should pay the cost incurred by your neighbour as a result of your default. DESERTED. —There is no lawyer appointed to do the work you mention. It is for your own solicitor to attend to the matter. The cost is about £5. WIDOW.—You are liable for debts just as everyone else is. If, however, you are unable to pay you have little to worry about, as 110 drastic action can be taken against you. AXXIOIjS.—You may give the notice yourself, but unless you are sure that you know how to frame it you would be wise to have it done by someone who does know. Sue in the Magistrate's Court for possession if the tenant does not leave after 14 days' notice of your intention tu sue iias been given. HOUSE OWNER. —It may be more economical to have all your cases heard together. On the other hand you will probably prefer to try 0110 or two first to see whether it is worth while. The fair rent is the rent charged 011 the first of May. To justify an increase you must bring evidence showing that the May rent was too low. 1 would suggest that you lirst try to get your tenants to agree in writing on a fair rent, and then get "The agreement approved by an inspector of factories. If they do not agree, or the inspector will not approve, you may then go to the Court to have the rent fixed. You may, if you prefer, apply to the Court in tiie first instance. It will cost you from one to two guineas to employ a solicitor to take each case. DISSATISFIED. —If the will has been proved you may search the Supreme Court records for the information you want. GRATEFUL.—Your husband's creditors have 110 claim beyond, possibly, the value of his work on the building, if you have not paid your husband for it. It is your husband's duty to pay his debts before he gives you the benefit of his labour for nothing. On the other hand his first duty is to maintain you. QUERY. — (1) Fourteen days' notice of his intention to sue for possession must be given. Thereafter lie must issue and serve a summons and wait for the day fixed for the hearing. The magistrate may use his discretion as to how soon the tenant is to leave. ('-) The Fair Rents Act applies to dwellings, converted flats and apartments, but not to modern fiats, shops and oflices. (3 and 4) There are several grounds for obtaining possession, including non-pay-ment of rent, damage to the premises, or where the premises are sold to a buyer who'wishes to occupy them himself. C.A.M.—You have in effect a separation. It is not very material whether the agreement to separate is in writing or not. INQUIRY. —Presumably your wage is fixed by the week, and tax should be levied 011 each week's earnings and paid accordingly. A.M.H.—The boy is not liable until he is L'i) years of age. He should apply to the Department for a refund of what he has paid. AXXIOUS.—Your question regarding the board's powers requires consideration, I will reply next week.