LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXXI, Issue 15, 18 January 1940, Page 14

LEGAL INQUIRY COLUMN.

By BARRISTER-ATLAW.) [Letters of Inquiry -will be answered every week in this column. As far a» possible they will be dealt with In the order in which they are received, and replies will be inserted with the least possible delay.] M.P.11. — (1) Immediately upon adjudication a bankrupt is entitled to select and retain as his own property his tools of trade, furniture, household effects, including wearing apparel of himself and his family, to the valu* of £.">O. (2) If the furniture selected by the bankrupt is subject to a bill o( sale, the bankrupt tnkes tile furiiture subject to the moneys owing on it. (3) and (4) A hill of sale securing money lent upon it is void against the Official Assignee unless the bill of sale has been registered. If the bill of sale is not registered the creditor loses the benefit of his security and becomes merely an unsecured creditor. SHAKKIE. —The "anti shouting" legislation and regulations were repealed on October 6, 1920. G.W.—lf you apply after nine years have elapsed from your return to New Zealand, you will be eligible for an age benefit.

MRS. M.GA-The Court has power to reopen a hire purchase agreement and to relieve the purchaser of interest •which, considering all the circumstances, the Court thinks Is excessive. In your case the charge for Interest appears to be unfair and you should apply to the vendor for a reduction. If he refuses you may think it worth taking proceedings for i»lief. AGE BENEFICIARY. —At the expiration of one year from the grant of yout age benefit «the Department will make a further investigation of your affairs and vary your benefit accordingly. H.R.M. — (1) The practice of the Council Is not to take action until after the date on which the penalty is incurred has passed. If you write to the city treasurer and explain your difficulties 1 and arrange for overtaking the? arrears by regular instalments I thiuk it quite likely that proceedings will not be taken. (2) It is a breach of the terms of the mortgage to alio-.v rates to fall into arrear. Subject to leave of the Court, a mortgagee may call up the mortgage if the rates are not paid Tf you are overtaking arrears by regu lar payments it is probable tliat the mortgagee will not exercise his remedy, or that, if he seeks to do so. he will not be given leave by the Court to proceed. FAIR PLAY.—You will be entitled to the full age benefit unless your superannuation disqualifies you. Your age benefit will be reduced by £1 for every £1 of your income in excess of £130. Apart from superannuation I calculate that your net income is about £31 per year.

FREEHOLD.— (1) In the circumstances an advertisement on the lines you suggest should be adequate. It would, however, be cheaper and more effective to write to the agent concerned, Informing him that the property has been withdrawn from sale. (2) Unless you have give* the agent sole agejcy you are free to sell the property to any buyer you can find at any time. Unless the agent has been the effective cause of the sale, either by introducing the buyer or otherwise, he will not be entitled to commission. AKE AKE.—Your neighbour had no right to uproot your hedge, and is liable to you for damages. WORRIED WIDOW.—The widow's benefit payable in respect of any child ceases on the child attaining the age of 16 years. The Commission may In its discretion for the purpose of assisting in the further education of the child continue the benefit for such period as it thinks fit. not exceeding two years after the child has attained the age of 16 years. It is probable that in your ease the benefit will be extended if you make application. TETER. —A married man, with the written consent of his wife, may adopt a male child. A married man- alone cannot adopt a female child, but a husband and wife jointly may adopt any child. In your case it is possible that, as u matter of law. the Cibild is deemed to be the child of youßihusband, but the information you givj»jis not sufficient to enable me to be sure of the facts. An adoption will cost about £6.

ANXIOUS. —If you adopt the child it will > thereafter be deemed as a matter «f law your own child, and neither its natural parents will have any rigMk over it, • nor will they be Under aw further obligation for its maintenance The payment of the expenses of adopl tion is a matter for arrangement between the parties. The mother of ' the child should take proceedings against the father for the maintenance of the child and for the expense* incidental to the birth.