LEGAL INQUIRIES

New Zealand Herald, Volume LXXI, Issue 21921, 3 October 1934, Page 15

LEGAL INQUIRIES

HERALD'S NEW SERVICE QUESTIONS ANSWERED A VARIETY OF TOPICS The legal inquiry column opened in the Herald last Wednesday brought an immediate response from readers. In order that answers may be of the fullest value to themselves and other readers inquirers are asked to state the relevant facts bearing on their queries tis completely and concisely as possible. Every care will be taken to ensure that the legal guidance given is sound and accurate and as complete as possible on the facts supplied, but it is to be understood that no responsibility is undertaken for advice or information published in this column. Questions should be addressed to "Advocatus," care of The Editor, New Zealand Herald, Auckland, and must bear the inquirer's name and address as a guarantee of good faith. Initials or a pseudonym must also be given for purposes of reference in the column. Following are answers to questions received: "Salopusis."—The mortgage can run on, but the mortgagor can pay off at any time upon giving three months' notice and the mortgagee can call up the money upon giving the same notice. Assuming that the mortgage is one to 'which the Mortgagors Belief Act applies, it would not be affected either by being allowed to run on or by formal extension or. indeed, by a new mortgage replacing it. "Private Sale."—lf the mortgage was entered into by you after April 17, 1931, you cannot take advantage of the provisions of the Mortgagors Relief Act. Probably your mortgage does give the mortgagee a right to sell privately. It is implied in both deeds and land transfer mortgage and, therefore, would have to be expressly negatived in your mortgage. A mortgagee is, however, bound to obtain the best price possible for the mortgaged property and is liable to the mortgagor if he fails to take the necessary steps to ensure this. It is the reason for sales through the registrar of the Supreme Court and by public auction. "Te Awaniutu."—The provisions of the Mortgagors Relief Act apply and the purchaser may avail himself of these provisions. You should give him notice calling up the principal. Ho must then make application for relief within 30 days. In the circumstances you mention, it is doubtful whether he would get relief. In anv case, you can enforce the repair clause. "Small Farm. —(1) Your mortgagee is not entitled as of right to see your dairy returns and expenditure for last season, but by your refusal you might prejudice your position in the event of a relief action if you do not show them to him. (2) Under "The Stamp Duties Act" you are entitled to a stamped receipt if the payment is over £2. The result of refusal is to render your mortgagee liable to a penalty of £lO. but does not entitle you to withhold further payments of interest. "Megohm."—The property will not go to your wife unless you leave it to her in your will or she is entitled on intestacy, in which case she may complete the purchase. "Bond."—lf .the title is under the Land Transfer system and in the joint names of husband and wife without words of limitation, all that is necessary is for the survivor to lodge a declaration in the Land Transfer Office./ A.B. —The usual age limit for custody is 10 years, but the Court may make an order up to 21 years. If access is not given to you, you should apply to the Court by summons to have your rights enforced. .VI.M. —The wife of the son is not liable for the support of her husband's mother, but the children of the marriage may be. The Court will take the whole of the circumstances of all parties into consideration before making an order. Such order can only be made under "The Destitute Persons Act." "O.C.C." —(1) If your wife refuses to live with you on the grounds of "incompatibility of temperament ' oulv, she cannot claim maintenance from you. (2) She cannot divorce you on those grounds. (3) You can refuse to maintain her. "New Supply."—Regulations under "The Dairy Industry Act, 1933," prohibit an owner from transferring his supply from one dairy company to another during the season. The season in the North Island is from the Ist August to the 31st May. In your case if there is a bona-fidc change of ownership, this does not apply. "Enquirer." —(1) Any person can shoot a dog, whether registered or not. seen attacking sheep and the owner of any cattle or sheep may destroy any dog running at large amonf such cattle or sheep. (2) A land owner, if he is the occupier of the land, can shoot game in season on his property without a shooting licence, so also can his son and daughter, but apparently not his wife. "Maro."—The words "by force" contained in that clause of a hire-pur-chase agreement giving the owner the right to enter on premises on which the chattels are, en'itle the owner to use such force as is necessary to recover the chattels, without being liable for any damage, but this ol: course only applies where the chattels are on premises subject to the control of the hirer. If more force than is necessary is used, the owner becomes a trespasser and is liable in damages. "Old Colonist."—An alien must be naturalised for at least one year before he can obtain an old-age pension. You can find out whether a person is or is not naturalised from the Internal Affairs Department. "Loophole." —You are not as of right entitled to recover a proportion of your registration fees for that period while your driver's licence has been suspended by the magistrate. "Victoria." —The rates should be paid up to the time of the death of the life tenant, in this case your mother, by the trustees. From that date onward by you. "F.F." —Youi position is dependent upon the wording of the document establishing the trust, and unless specific power is given to the trustee he cannot exercise any discretion as to the amount payable to you. therefore, assuming that all expenses and liabilities in connection with tin' estate have been paid, the trustee is not entitled to withhold the income or any part of it. "A.N." —Notice of motion is unnecessary unless vour rubs speeifieallv require it. "Puzzle." —Within the scope of "The Building Societies Act" the society can make its own rules. These form a contract with its members. You should obtain a copy.