LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXXI, Issue 151, 27 June 1940, Page 21

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.)

[Letters of inquiry will be answered every week in this column. Aβ 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.]

JERSEY.—You are entitled to damages for breach of contract. The amount of tbe damages will b« the difference between the profit that you actually made and the profit you would have made if the other party had kept to the bargain. You should notify her of her default and call upon her to remedy it. Until she does eo and compensates you for the loee you may set off the amount of your loss against rent. It would probably be safer to sue her for damages and so have the amount fixed by the Court. 6OLDlEß.—Subject to the rights of the wife to make an application under the Family Protection Act for further provision from the estate of her busband in the event of his death, th< husband may leave the whole of his estate to persons other than hie wife. On such an application the Court considers all the relevant circumstances and the conflicting claims of the children and the moral duty of the deceased to provide for adequate maintenance of his wife and children and their respective ability to earn their own living.

SAL.L.X. —There it no moratorium In tfc* ordinary sense affecting mortgagee. Under the War Regulations a mortgagee, before calling np a mortgage, most first obtain leave of the Court. If the mortgagor satisfies the Court that hie inability to repay the mortgage arises directly or indirectly out of the war the Court will not give leave to call up the mortgage, but otherwise leave will be given. B.C.J. —The answer to your question depends on whether your factory will be a factory within the definition of the Factories Act or whether you will be a manufacturing retailer within the meaning of the Salee Tax Act. As you do not disclose what the nature of the business will be It is impossible to advise you further, but if you inquire at the Department of Industry and Commerce and the Customs Department you will obtain the information you require. ADVICE.—The grounds upon which you can obtain possession of the roome let to your tenants are that they are sub-letting at a profit, which is unreasonable or that they are using the premises principally for business purposes—that is, for keeping boarders— or that they are guilty of conduct which Is a source of annoyance to adjoining occupiers. The persistent elamniing of doors with the obvious intention of disturbing you i*. conduct which would entitle yon to possession. You must, however, take proceedings in the Court for possession. If the rooms were first let after the 11th 'June, 1936, the Fair Rente Act will not apply, and you will be entitled to pooocaaion merely on proof that a month's notice hae been given and has expired.

SECTIOX.—Money received from the sale of land ie not Income, and Iβ not nbject to tbe Social Security charge or to income tax nnl«es the party arillnc the section is engaged In o. bosineae of d-'allng in land. In such a case the cfeeler'e profit from land eale* is taxable income. WORRIED.—Your sister may proceed to petition for .divorce, in the. ordinary way. It will take longer to obtain a decree as the Court will require special conditions to be compliedt with in serving her husband and gyre him ample opportunity for defending the petition if he so wishes. ANXIOUS.—It has been announced that men will be deemed to be childless unless they have children of their own or tftve adopted children on or before the let day of May, 1940. It is possible that this announcement Iβ not tbe final word, and it Iβ, of coarse, open to the Government from time to time to vary ita classification. SUBSCRIBER.—If your daughter's employment lasted more than three days ehe is entitled to compensation and £1 medical expenses. The compensation she is entitled to is 15/ a week for the period ehe rrae away from work. It is immaterial that her employer had not insured her as he is personally liable for compensation. X.X.X.—(I) Ton will lose your pension if you divorce your husband. (2) If you renin; ry no pension will be payable in respact of the children. (3) The husband of a woman is- legally liable for maintenance of all her children whether they are hie own children or the children of a former busband. The former hnsband Iβ aleo liable for the maintenance of hie children.