LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIX, Issue 134, 9 June 1938, Page 27

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.)

ll.etters of inquiry will be answered every week in this column. As far as po*sil>le tln'.v will be dealt with in.the order in which they are received, and replies will lie inserted with the least possible delay.J

C.B.A. —(1 and 2) : If the company owes you money and you do not wish to embarriis A by insisting on payment in cash yuii should insist on security for the debt. Usually u company gives security by giving a debenture secured on some specilied asset. If the asset is on land I lie debenture may be a mortgage debenture or, in simple English, a mortgage. The form or name of the security is a matter for your solicitor; what security you are to have for your debt, whether a specified part of the company's assets, or a security over :ill its assets, as a going concern. (:{) i he rate of interest should depend on Ihe solvency of the company and the wilue of the security you are to have. 11' your money is well secured you will :io doubt, lie satislied with o per cent, it ynu are not l<> be well secured or the company is liable to be in difficulties if its business meets with a setback, a higher rate can reasonably be demanded. V.Li. — There is a "means test" applied to applicants for invalidity pensions. If the applicant is married or is a \\ idowee with dependent children nn income of ilo-l per annum is allowed the applicant and his wife and family, in addition to the pension. The applicant niei his wife and children must also in.,close the value of their accumulated property anu if this exceeds in Ihe case of a widower and in the case of a married man £500 for himself and i'soo for the wife the pension is reduced by it for every £10 excess property held. There, is, as you mention, the further point that' the pension is payable only to those permanently incapacitated from work, and no man who is able to work can obtain an invalidity pension. KEVETS. —Women pay employment tax on income other than salary or wages in excess of £50. Men pay the tax on their whole income. STAR SUB. —It Is the net profit that matters and should be shown as your income. Being a pensioner, you are exempt from the employment tax. AMIKO. —The agreement you have will give you no protection if your friend is made bankrupt, or if any of his other creditors seize his assets in payment of their debts. You should press for a valid registrable security oyer assets worth at least the amount owing to you. The agreement already signed Is merely an acknowledgment that the money is owing, but gives you no security. PARK DRIVE.—It would be cheap at any price to get rid of such a woman. To be on the safe side allow her to take everything that you cannot prove was bought with your money. If she takes anything ttiat is yours inform the police. BILLIKINS. —You should be able to estimate what it costs you to keep your boarder. Against liis board you should charge up his share of the rent, food, light ing, firing and other household expenses, and the balance is net profit or income. WANCANI'I EAST.—Your neighbour is entitled to impound animals trespassing on his laml. Your remedy is to give liiin notice to fence, whereupon lie will lie obliged to pay half the cost of fencing if you follow the appropriate procedure. Y'our neighbour may prefer to allow you grazing to paying for fencing. INTF.KBSTKD. —While the situation of your properly makes it unavoidable that you receive storm water from your neighbour's land, you are not obliged to receive polluted water. GRATEi'L'L.—The undertaker should prove his claim against the estate. From what you say it seems that you did not make yourself personally liable arid if so you should defend any proceedings. l'art but not all of the cos;.; of successfully defending will he repaid to you, but if you lose you will have to pay all the costs yotirstlf: You should inform the trustee of your predicament. BATITS. —Rates are payable whether access is-provided or not.-If you huve paid rates due by a former owner and were not under contract to do so, you may recover from him. MABS. —The letter sent to me acknowledges an engagement or promise to marry and it also is in itself a refusal to carry out that promise. The acknoivli dgment of the engagement is not strong, but if it can be proved by other means, then a breach of promise action should succeed. F.S.G. — (1) If the alternative accommodation that you offer the tenant is reasonably suitable for his needs you may obtain possession of your own home. (-) The fact that you wish to add tn or repair a house is not a ground for obtaining possession. REAnEU.—Any member of the union must comply with the rules and if the rules require a csi'iuin notice of resignation the fh.mber remains a member and li; Me for dues until she has resigned In accordance with the rules. A.E.P.—I do not see that you can do anything in your mother's lifetime. On your mother's death, if she has made a will in the terms you expect, her children may apply to the Supreme Court for provision out of her estate, and the fact that they helped her t»> acquire the home will go a long way toward inducing the Court to make aii order varying the will in their favour. WAI W.M.—You have no legal means of compelling the landlord to supply the conveniences that you would like. Your remedy is to find another place more to your liking. The local -town, board "' a - v exercise its powers to ensure that there is an adequate supply of water available, but it is a question of fact whether the supply is now ndequate or not. and if the inspector is satisfied or will not prosecute you can do nothing? cxcept protest. Yn ." cannot prevent your creditor suing you unless you pay him in fuil. A.B.r. l would lie inclined to press for payment of the arrears first and then y nn ' n '-'reuse. You are m.t enough and your husband again brought before the Court BUILDER.— (1) You should give the eonnieiors written notice that unless they recommence work within sav five days, and thereafter continue unti'i trie wrrk is completed you will lrt the remainder of the work to another contraefor and charge the expense to hem. (_>) As soon as the work is finished you should pay three-quarters of the price and one month after von should pay the remainder.

MAC.— (I) You should receive two-thirds of vmir weekly wnao while you are linn lie to work owing to illness following your injury. (2) Compensiitinn iri your case will amount to about tno, less part of the weekly payments you receive.