LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXVIII, Issue 280, 25 November 1937, Page 30

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.)

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

WONDERING. —A license may be issued to a person not under the age of 10 years if otherwise eligible. PONSON. — (1) There is no stipulation. Obviously the smaller the number the less the value of the evidence. (2) You cannot insist on payment. J.B.—Your husband does not appear to be liable. You have no income or asset*. and whether judgment is obtained against you or not you will not ho able to pay so long as your circumstances <lo not change. I do not suppose that the creditor will waste money suing you. If he sues, confess judgment. Ir lie takes out a Judgment summons, appear personally and explain your financial position at the hearing. J. AND M. —You should obtain a detailed account from the mortgagee, and, if it shows that the best lent obtainable was not obtained, or that rent was not collected and there is no satisfactory explanation, you could bring proceedings. The object would be to obtain credit off the amount owinjr, not only of the rent actually received, but the rent that would with reasonable care have been received. BI'UDAH. — (1) Neither u daughter-in-law nor a grandchild has any claim, nor can the Court make them any allowance. (2) The will may be searched at the Supreme Court after probate has been granted. E.R.J. —Unless your agreement contained some special conditions, you arc not entitle 1 to shure in the surplus Nevertheless, your moral is strong, and you may find it pays to press it. DRL'RY. —The fence is Joint property, and you should not make alterations to it without the consent of the other owner. If you give notice to repair, then the nature of the repairs to be effected can be discussed. If you carry out repairs in accordance with a notice to repair, you may enter on your neighbour's land for the purpose of doing the repairs. E.A.M.—There is nothing in your letter suggesting that the place is a nuisance. The mere fact that many people may congregate near your place is not a valid ground of complaint, so long as the premises are kept clean. There is no harm in protesting to the council or the Department of Health if you believe that the premises will be a menace to health. The onus is on you to prove your contention. MONEY LENDER. —The property Iβ liable for the rates, and. ho long as judgment was obtained against the owner before the rates were more than three •years overdue, tne property remains liable. The registration of a judgment against the title is not essential. The council may sell the land under its judgment by following tne procedure ot the Hating Act. B.H.—The fees charged are correct. CONSTANT READER.—You must follow the procedure laid down by the Fair Rente Act. A fortnight's notice must be given, and, if the tenant does not leave, you can only sue for possession. Your letter does not disclose that /T"ii have any grounds for obtaining possession. M.C. —If there are no children the invalidity pension is reduced by £1 per year for every pound of income in excess of £ 104. Income includes gifts, and in general legacies too. Legacies from the pensioner's wife or husband are not deemed income. WAR (Auckland). —You are entitled personally to maintenance of, perhaps, a little more than £2 per week. You are also entitled to the custody of your daughter, and while she is under

Iβ years of age her father should pay about 15/ per week maintenance. In the circumstances you would be well advised to be satisfied with the payments actually made, which are at least as much as a Court would allow. Your husband remains liable for his daughter's maintenance no matter what happens to you.

TEMPO.—(I) Unless the local by-laws deal with the matter there is no special distance to be- observed. If, hjowever, the smell is in fact a nuisance you may bring proceedings against your neighbour with a view to obtaining damages and an injunction. The onus would be on you to prove that the smell was unreasonable, and prevented you from obtaining the normal enjoyment of your property. Probably a letter from your solicitor will result in an improvement in conditions. (2) The lapse of time does not prevent the creditor from claiming, but hie failure to act promptly and to send in accounts will make it mach more difficult for him to prove his claim. In such circumstances, if you can throw doubt on some items or produce receipts for them the Court will be justified in rejecting the whole claim.

A.R.E.—In the circumstances you mention there is no presumption whatever that the wife is entitled to any share in the savings. Legally they belong to the husband alone. If your husband dies without a will you will receive otwthird of his estate, and the children two-thirds. If he leaves a will, but does not make adequate provision for you, the Supreme Court may vary thp provisions of the will to make a more adequate allowance to you.

FAIR DEAL. —Tour Inquiry vrn answered last week. Your purported cancellation Is of no use unless by good ludc the original contract was not in proper form.

CHILD. —(1) K yo»r husband In hie life, ■time maintained the child then you could be paid a pension In respect of the child, if the magistrate investigating the claim sees fit. (2) It will cost at least £5 to hare the child formally adopted. (3) Write to the Registrar of Pensions and explain your position.