LAW QUERIES.

Otago Witness, Issue 3275, 20 December 1916, Page 43

LAW QUERIES.

[Answered by a solicitor of the Supreme Court )l New Zealand. Letters and Telegrams must be addressed to "LEX," c/o Editor, Otago Witness, Dunedin.] Honest asks:—"Can a mortgage be called up during the war for non-payment of interest?" Answer: The mortgagee will require to obtain the consent of a Supreme Court judge before he can legally cair up the mortgage. The mortgagee can, of course, sue the mortgagor for the arrears of interest. Bluespur.—(l) Under the circumstances you should resist any claim for payment in the matter. (2) Your liability to repair depends upon the nature of the covenant to repair contained in your A general covenant to repair in a lease is satisfied if the premises are kept in a substantial state cf repair. You are not bound to improve the building so as to give the -landlord something different from what he demised. West Coast Subscriber.—(l) Before takingproceedings in the matter, it will be necessary for you to ascertain definitely who is entitled to the land in dispute. To do this you will require to search the title in the District Land Registry Office and also have the land surveyed. (2) If the vendor's representation on the sale of the animal is false, you can proceed againr-t him.for the damages sustained by you. Benmore The local authority has full power to do all things necessary to construct and maintain in good repair any road under its control. After 24 hours' notice to tho occupier, the local au>liority may enter on any land, other than land occupied in a. bona fide manner as a garden or ornamental shrubbery, and dig and take any stone, gravel or other material therefrom. Reasonable compensation shall be paid for any injury done and material taken. Where any local authority and the owner or occupier of land do not agree as to compensation, the same shall be determined as provided for in part 111 of "The Public Works Act, 1908." Eros.—You have delayed too long in prosecuting your claim. You should, however, interview tho official assignee in bankruptcy of the estate.