LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXII, Issue 173, 24 July 1941, Page 4

LEGAL INQUIRY COLUMN

(By BARRISTER-AT-LAW.) [letters of inQuiry will be snswci'Bd 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.]

FAIRPLAY.—The beneficiaries who have released the trustees are no longer concerned with the disposal ol any of the moneys which may be in the trustee's hands. There is nothing to prevent an agreement ol the type you mention being strictly enforced. ANXIOUS.—You could take proceedings . for restitution for conjugal rights against your wife. If the Court orders her to return and she does not comply, you may then proceed to divorce her. In the meantime until you are sure that your wife will rot return it would be Inadvisable to let your home permanently. If the Fair Rents Act applies to the premises It would be inadvisable to let it at all until after your wife has had an opportunity ol complying with the order of the Court. JUST HARD HlT.—The rate of interest does not appear to be excessive. The moneys previously paid and appropriated towards repayment of the loan cannot now be appropriated to arrears of interest unless you consent. Tt is possible that it will pay you to consent to a rearrangement. DANDY.—The effect of the agreement was to make your tenancy a weekly tenancy. The Pair Rents Act, however, applies to your house. If the house is sold you cannot he compelled to give up possession unless suitable alternative accommodation is available for you. This provision will apply whether the property is his death, unless in the meantime the Fair Rents Act is altered. SECOND MORTGAGE.—The -osts of obtaining, stamping and registering the release of a mortgage falls on the owner of 'he property. WORRIED.—(I) Unless there is a technical defect in the agreement there is nothing to prevent the firm from suing you for the balance ot the purchase money. (2) If you are unable to comply with the Commissioner's demand you should forward as much as you can now find and write to the Commissioner explaining your circumstances and oSering to make weekly or monthly payments. BAFFLED.—UnIess the seller is engaged in the business of buying and selling properties the profit made from the sale of a property is not taxable income. A.B.C.—Tour age benefit will be reduced by £20 each so long as the moneys remain as ltquid assets. If the money is reinvested on mortgage or in the purchase of property your benefits will not be affected unless the income from the Investments disqualifies you from the full age benefit. L.C.R. —If your husband orders you out you may leave, and should then take proceedings for separation and maintenance. If your husband does not provide you with sufficient means to support yourself you may take proceedings for maintenance without leaving your heme. DISAPPOINTED.—You cannot be compelled to give up possession except through the Court. The Court will not order you to -eave unless it is proved that the hardship on the owner, if he is refused possession, will be greater than the hardship on you if you ere ordered to leave or unless suitable alternative accommodation is available for you. I would advise you to see the Fair Rent* Department of the Labour ; Department if any proceedings ars taken I •gainst you. j CONFIDENT.—On the facts disclosed in your letter ' the shopkeeper is not obliged to sell the article at the lower price. It is a question of fact in each case whether there has been an Invitation to make an offer or whether there was an actual offer, and in either case it is open for the seller to withdraw his offer or his invitation before the buyer has arrepte'l. If a valid offer is accepted and th» seller revises to sell, the lemtciy i≤ for toe buyer to sue for damages.