LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIX, Issue 224, 22 September 1938, Page 31

LEGAL INQUIRY COLUMN.

(By BARKISTBR-AT-LAW.) I [Letters of Inquiry v 111 be answered every week In this column. As far as possible they will be dealt with in the order in which they are received, and replies will be inserted with the least possible delay.J INQI'IKEK.—The cost of the drain is npportionable by the council betweeu the owners according to the benefit to ,their land by the construction of the drain. The council is not obliged to fence the drain, and If the drain is fenced the cost will be apportlonable as part of the cost of drain construction, and as you alone will benefit by the fence, the whole of It* cost is likely to lie allocated to you.

I'KHI'I.KXKK. — You have <lon«> no wronp. It Is Ix-ttt-r to rt'tnin tlip usr of tinmime l>y wliicli you have bevn known so 1»IIK.

TIIK WAlN'S.—Whether the compnny ilcclnrvK u surrender vnlu* on muv\\ polU'leH I <lo not know. It Is not clear from your letter whether the poliey inrrle* any rights to a bonus or not. fnles* the policy Is expressly stated to entitle the holder to share In the profits or bonuses you are not entltMl io any bonus. You should write to lhe company and ask what surrender vulue It will jrlve. If Its answer does not satisfy you, you should consult your solicitor. It Is only by searching the statements Hied by the company itnd forwarded to each policy holder Hint you can ascertain whether the company *<• cbilged to recognise a surrender value for the typ« of policy you have.

I,E.SS._I think you would be wise to leave things as they are. It is by no means certain that the i'ourt will award you more, and It irlglit award less.

FOOTPATH. —The borough council fixes the permanent level of Its streets. If the level is changed ami you suffer damage thereby, you are entitled to compensation. It is probable that the permanent level was fixed years ago when the road was raised, and if •-". you have no remedy after all these years. The provision of access by means of a rcm.p will make It unnecessary to claim compensation.

Ml!. A.—The observance of the right hand rule is not the beginning and end. of good driving. The speeds at which the cars were travelling and the rutting of the corner by one car are equally Important factors. I think your case Is too good for you to tamely admit re*ponelblllty, but I do not think it gooti enough for you to start proceedings yourself against the other party. The explanations you give for your various actions are not convincing, in the sense that In the short time involved it Is unlikely that you thought out all the steps you actually took in the changing circumstances after weighing up and rejecting other possible courses. The Cqurt Is more likely to assume that you cut the corner in the hope and expectation that you could pass In front of the other car. and that the other car held to Its course In the belief that there was time to pass in front of you. and It is possible that If you had not cut the corner his belief would have been justified. It appears, however, that he had the last opportunity of avoiding a collision, and If so, he cannot succeed even If you too were at fault in the first phases.

ANXIOUS. —You should apply for the pension. In the absence of information as to th« precise dates of your arrival and departure I cannot be positive that yon ar« eligible, bat you are almost certain to bs eligibi*. ANXIOUS. —Tn« charjre* vary with the total amount of tine mortgage liability Involved. Where the total if under ' A loo© the enun for the application Is £2 12/0, and for the hearing £2 2/ for a hearing not exceeding four hours. If the mortgagee total over £1000 theae fees are doubled, and for larger mortgages higher fees are prescribed. In addition the application filing fee and any other out of pocket payments are chargeable. INQUIRER.—(I) Roughly speaking the fair rent will 4m about 32/ per week. If your figure of the value is correct. (2 and a) Failure to pay rent or to observe the irenns of the tenancy or wilful damage to the premises are grounds on which the Court may make an order for possession. LBOGO.—The lawyers must pay the money ■ te the trustees If they demand it, but they cannot be compelled to pay the money to beneficiaries whe are mot yet entitled to It. The trustees would be foolish to pay any beneficiary until the beneficiary Is 21 yean of age. UNLUCKY.—The marriage la valid and the error In the stated age of one of the parties Is immaterial bo far as the validity of the marriage Is concerned. After 8 years' desertion or separation you may petition for a divorce. J.r. —Anyone may search tfee Court records on paying the appropriate search fee. HOMO. —The solicitor's fee on such a transfer would be normally £3 .V. plus the payments for registration, stamp duty and search. WORRIED WIDOW. —I think you hare left the complaint too late. It will do no harm to keep complaining in the ihope that something may be done for you. but I would not advise a legal claim.

SCORIA. —As yon are only a tenant the damage you suffer Is small, and your remedy is to leave the premises if you feel they are unsafe. FAIR GO.—The landlord may raise the) rent only after the fair rent has been fixed at a higher figure. Alternatively you may agree to any rent, and if the agreement Is approved by an Inspector of factories it will be binding on you. Judging by the ralue you place on tbe i,:mises and the fact that the rent now charged Is the same as was paid four years ago, the proposed nsw rent Is reasonable. AGHAST.—If the mortgage la overdue and Interest has been accepted for any quarter beyond the due date, rov «re entitled to three months' notice before the mortgage is called up. H you don't pay the mortgagee may sell. QUANDART.—(I and 2) In all eases a widow's pension Is reduced by £ 1 per year for every £ 1 that the total income of the widow and her children exceeds £78 per year. The Income from her bank account will be considered M part of her Income.

HILMAN.—There Is nothing in your letter to indicate that you nave any claim against the seller. Unless he represented the car to be In good order, and actually knew it wan not. he will not be liable. It will be difficult to prove that he knew It was not In good order because his answer will be that he had just obtained a certificate from a qualified garage. I do not think that vou hare any claim against anyone else, as you had no contract with anyone else, and no one else was under any obligation to you. FAIR PLAT.—If you are Incapable of ' having sexual Intercourse and the marriage has for that reason never been consummated, your husband may apply to have the marriage annulled. If yon do not defend the case and refuse to submit to medical examination the decree will be made against you. The mere fact that you cannot bear children is, however, no ground for divorce. If your husband Is not maintaining you, you should take proceedings for maintenance at once.