LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXVII, Issue 185, 6 August 1936, Page 23

LEGAL INQUIRY COLUMN.

(By BAKUISTBR-AT-LAW.)

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

A.II. —Your wife's pension will Increase by £1 per year until she reaches CO years of use. CONSTANT HEADER. —You have agreed to pay the higher price. You were not bound to agree nor to forfeit your deposit, but could have continued to carry out your original bargain. The contract is not a money-lending contract, so that you cannot raise the matter of the rate of interest. WELLINGTON. —The type of security offered is not favoured by lenders, and you would have to pay a higher rate of interest 011 any loan obtained. The State Advances Corporation would not. I feel sure, lend on the security offered. DAUGHTER-IN-LAW.—I think the allowance now made is us much as the Court would compel your husband to pay if proceedings were taken. A HEADER.—The price paid for a house before the war has little bearing 011 the amount of the fair rent to-day. The fair rent is the rent charged on May 1, 11)36, unless the Court fixes a different rent or you and your landlord agree 011 a different rent and the Inspector of Factories approves of the agreement. Your second question is not a question of law. Ask a dentist. FED UP.—lf you think the rent is too high you may apply to a magistrate to have the fair rent fixed. From the information you give it seems thai the rent is too high. You could consult an Inspector of Factories as to what he considers is a fair rent for the house. ASKING i'OU.—lt is not possible to advise as to the effect of such a deed with out having a copy. If the gift was absolute the donor cannot revoke it. TEDDiT BEAlt.— (a) You can verify the fact of sale from your late landlord, (b) You have 110 claim to tiie improvements. (c) You can be compelled to give up possession if the purchaser reasonably requires the premises for liis own occupation, subject to the Court's discretion as mentioned below, (d.) You are entitled to 14 days' notice of the landlord's intention to sue for possession. If you cannot get auothei place and you are sued for possession, you should defend the proceeding*. The Court has power to refuse the landlord possession or to give you further time. It would be advisable for you to see the Inspector of Factories now as to the whole position H.H.—While your friend is on sustenance it is unlikely that he will be. given custody of his children. When he is back in work and •fcell able to provide l'or the children it is quite likely that they will be restored to him. W.D. (Kaitaia). — (1) Your neighbour should give you notice of his intention to yard his stock for ear-marking, shearing or for removal from his land. Cj, 3 and 4J Your neighbour inayf impound your stock trespassing on his land. The absence of fences merely deprives the party of his right to claim trespass rates. G.S.W. —Whether you receive any of the money at all appears to be in the discretion of the trustee of your father'* estate, and until a new trustee is appointed to exercise the discretion you cannot allege that the money is yours. You should await word from the person entitled to appoint a new trustee. PUKENUI. —The passenger has n reasonably good chance of proving her claim. Doubtless the defence will allege that she also was negligent, and if the Court takes this view she will lose. Your letters does not, of course, go into full details, hut it does give an impression that the passenger was, perhaps, negligent. WOKItIED.—The proceedings should not affect the petitioner's employment at all. INVESTOR.—As a matter of law it seems clear that you have made a bad bargain, but must abide by it. On the other hand, the transaction does not • do credit to the buyer, anrl if you act promptly you may be able to get the matter re-opened. You could write to the chairman of the Stock Exchange complaining, and if the buyer is a member you may get satisfaction in this way.