LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXVII, Issue 238, 8 October 1936, Page 18

LEGAL INQUIRY COLUMN.

(By B ARRISTBR-AT-LAW.* WORKING MOTHER.—You ure entitled t( a pension us a deserted wife. Yoi may earn ul> to £78 per J'ear and wii receive a pension of £2 per week. DACKO. —If you obtain possession, eithei through the Court or by a representa tion to the tenant that you requiri jiossession for yourself, you must 1101 let the house nor pewnit anyone otliei than yourself, family and domestie servants to occupy the house, for sb months ufter obtaining possession. ANNOYED. —The mere placing of goods in a shop window with a price iubel it not by itself an offer of sale, but an invitation to the public to make offers, which the shopkeeper may decline. In some cases the circumstances may be such that the shopkeeper is deemed to • have offered to sell at the i>rice marked, but even then he may withdraw the offer before it is accepted, You did not, in fact, purport to accept the alleged offer to seil the uctua! goods in the window, and the shop keeper withdrew his offer to sell befom you demanded the goods in the window. Your remedy, evpu if you had accepted a definite offer, would be merely damages, which would be the difference between the price offered • and the ruling market price. BALLS.—Your neighbour has no right to retain the articles, but, as she has what is called "colour of right," she can hardly be convicted of theft. Probably a tactful request by you will bring results. H.J.E.—You appear to be eligible for the full pension. E.M. —You are entitled to the pension. ANXIOUS JACK.—The policy itself will show, 011 its face, whether it is a "non-profit" or a "with profits" policy. Non-profit policies do not participate in profits which are divided as bonuses. LAPS. —Your wages should be restored to ■ the same sum as you were receiving on March 31, 1931, if you are working for the same employer in substantially the same work. A.H.J.—The Fair lients Act does not apply to shops. If you consider the rent asked is too high, you may leave and get a cheaper shop elsewhere. D.M.— (1) Your husband must maintain his child until she attains the age of 10. (2) Your friend will be fortunate if he can get the maintenance fixed at less than he is now paying, unless there are special circumstances not mentioned in your letter. ANXIOUS.- —-You are eligible for the pension. INTERESTED.—You must give reasonable notice of your intention to rescind the agreement. In the circumstances the notice should not be less than 14 days' notice. If you rescind you may recover your deposit, but whether you can . claim for legal expenses incurred depends on the terms of the agreement signed. The seller should have given notice to the tenant. J.A.C.—Both you and your wife appear to be entitled to a pension. The amount would depend on the valuation of the shares you hold, but I anticipate that you will each get a pension of between £20 and £30 per year. POULTRY—You sliould consult the by-laws in your district, and if a breach of the by-laws is being committed you should complain to the council. If your land is enclosed within a fence as defined by the Fencing Act, and is in grass or under cultivation, you may destroy poultry trespassing, provided that the council of your county has not passed a reoolution prohibiting this remedy. It is probable that a threat destroy trespasslng poultry will hriflg results. rHREE BENEFICIARIES.—The trustee is not personally 'liable. PINE TREES.—The cost of the lessor's solicitor and the stamp duty are payable by tile lessee. The expense would be under £o. You do not appear to have committed yourself, but should lie careful that in withdrawing you do not admit that you made an offer.

HOUSE—TIio total fees are 01 per cent of tile price. The fee for supervising is i'i per cent of the price. FAIRPLAY—(I) You cannot compel the landlord to effect repairs. (2) You would render yourself liable to be ejected if you withheld rent. WORRIED—(I) A verbal separation can only be an agreement whereby you and your husband mutually agreed or consented to live upart. You should make sure that the question of maintenance is properly settled, preferably by an order of the Court, before the decree is made absolute. If you have lost confidence in your solicitor, instruct another. Your letter discloses nothing wrong In what your solicitor lias done, but he might perhaps have taken more trouble in explaining things to you. HOPEFUL.—You and your wife will be entitled to a pension of about £32 per year each. 0.A.1'. (Wliangarei).—You may get a form at any money order office. I do not understand why you wish to make provision for a few weeks idleness. It will take a few weeks to have your pension granted. CUSTODY. —You may apply for custody, but I cannot assure you that you will succeed. You will, however, be given access. HANDY ANDY.—(I) The fence appears to be your own property. You can compel your neighbour to pay half the cost of erecting a new fence on the boundary. (2) You may apply to the Court to decree a partition of tile land. The Court may order a sale, leaving you and your co-owner to bid against one another. Cannot you agree to partition l>y drawing lots or choosing alternate sections? L.V.—You should endeavour to get the adoption completed. There Is no legal objection to the child continuing to use your name, even though the adoption is not completed. RELIEF.—If you file In bankruptcy any creditor could take proceedings to have the house treated as yours'. As there is little., equity in it probably no one would bother to do so. It costs £6 to file your petition. You could defend the judgment summonses and in your present position no order would be made. If you write to your creditors explaining your circumstances they will probably agree to wait. B.S. —The obligation imposed on a publican is to supply meals, lodging and accommodation to travellers. Unless your complaint comes within the scope of this obligation no offence has been committed. ' , BENEFICIARY. —You must be prepared to pay the cost yourself. The cost will depend on the length of the document. ANXIOUS. —I cannot follow this question. Write again and explain in simple language what has happened, and avoid using legal terms. It is almost impossible to advise on such a question without liavlng a copy of the will. If a beneficiary considers that the trustees have not collected the full rental value of the property he can sue the trustees. PETER.—In this question, too, a copy of the will is essential. Generally speaking the legacies rank equally and must be paid pro-rata unless the will otherwise provides. The size of the legacy has nothing to do with the question of priority of payment.