LEGAL INQUIRY COLUMN

Auckland Star, Volume LXIX, Issue 206, 1 September 1938, Page 31

LEGAL INQUIRY COLUMN

(B.v BARRISTBR-AT-I.AW.) ri.Ptiprs of ij nuiry will bf answer, il PVfT.v week in this column. As f;ir impossible they will be dealt with in the onl-T in wliiili they are received, liiul rrpl: ■•-■ will lie insert with tlie lc;ist i>os»i!i!deli.y.] A.IS.C. (1) Xo proceedings can ho filcl until November li(i. The jiroceeiliims must be serve* on the wifp. ami if she is not in New Zealand thp case eiimiot bo liearil uritil sbe lias been served, cither personally or by advertisoment. (2) It is not necessary for the respondent to be present when til" case is heard, but the petitioner must attend. (3) If the wife leaves New Zealand now, the husband would be fortunate if he obtained his decree absolute by this time next year. If the wife remains in New Zealand until the proceedings are served on her, the decree absolute should be obtained early in June of next year. A.E.K.—You are entitled to damages for hreaeh of contract. The damage will include any expenses actually incurred and loss of the profit that could reasonably be expected if the contract had not been broken. .STONKWALL. —The ordinary fee is £5, but in special circumstances it may h<. , reduced to £I*. R.K.H.—The Court is unlikely to mnky you pay more than you are now paying. As time goes on. if no move is made by your wife, her prospects of obtaining permanent maintenance become less bright. It will not pay you to make any move yourself for a I year or two yet. Your wife's Income will be considered in fixing what you ultimately will have to pay. AnsCONDEH.—You have no remedy.

\ WILL.—The form of will you submit 1s not adequate. The validity of a will depends not only on its form but on the manner of its execution, and the recital of the manner of execution in th* form you submit is» inwrrect. If ; is not necessary to have a printed . ] form of will. It is much wiser to have your will made by someone whose business it is to know how wills I should be made and signed. jA.R.C — (1) The moneys in question are not income in the ordinary sense of that term. For the purposes of the Pensions Act they are, however, income unless they are used to buy a home or *or Improvements or renovations of your home, or to pay off the principal or interest on any mortgage on your home. (2) If the money is not used for any of the purposes mentioned or for any other purpose that the Commissioner of Pensions deems reasonable it Iβ deemed to be income, and will effect your pension by making you entirely Ineligible for a pension for one year. INQUIRER. —I cannot answer your ques- _.. non.unleßg.rou send me a copy of the rules of the association and inform me whether you are a member. If you are not a member the association nas no power over you at all. WORRIED MOTHER.—If you make an' application the Court will give Us attention to what is best for the children. In your present position you cannot satisfy the Court that yon can properly maintain them, as your present home is your* only on sufferance, and, ir your present partner left you, you would be unable, to snpport your children and have no rights of maintenance against him. This and the other factors you mention make it appear to me that you have only the slenderest or chances of obtaining control and custody of the children. When "ou even^ha^e/ 0,, WW *"* ** lwit « dent upon your immediate landlady's tenancy, and if here has been termi nated your tenancy must also have com* to an end. The fact that the superior landlord has given you notice may be some recognition by him of a new tenancy commencing from the £n P,r7 .?, f the O,d one - but «■ yo« have no written notice from him it would as constituting a new tenancy. If the premises are under the Fair Rents Art e v tUled to 4 «tay«' »oUce in ™~? ' ou / an obta,n adT,ce a> to La Ü bou t r e r C i.g f h r Ttr t e h e?. De * artm "t « BKl^ndi S tio a n ISTfe &£& •#£ rir« t V B ,>, dl ! clOß , ed by th« evidence S£r-"-- dio --a.^ and kept in reyair. nor was it that the chimney be kept in repair If von feel reasonably satisfied that the «„. dition has not been fulfilled you Van bring the matter to a head by payoff only the smaller sum and leaVing the ?,,?n r P V/l t0 c, " ,m the <"ff«enfe by decked 'i'&TgJS? qUeBUOn WUI be CONSTANT READER.—! think yon would be wise to consult the solicTtor who , attended to the matter a y«ar ago I If you cannot get satisfaction tellanci 0 " to SUe tot ma^C.D.—Proper provision for disposal of stormwater may be insistedl upon Before you agree, however, you ehouhi stipulate for . covered drain leading no ha?m. * P Where lt wiU d » DES pSn > .~ Yo,, are BOt * ntm * * *°y POST OFFICE.—New Zealand will not become a free rest home fo? aH elderly WILL.—The rates of duty depend en the amount that each estate is worth n the Joint assets are equally divide" between you and your wife estate and succession duties will total*"n^ 1 estate and £390 w^your