LEGAL INQUIRY.

Auckland Star, Volume L, Issue 67, 19 March 1919, Page 10

LEGAL INQUIRY.

(BY A BARRISTER-AT-LA.W.) Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with in the order Iα which they are received, and replies will be inserted with the least possible delay. INQUIRER.—The rent chargeable depends you were to refuse to pay the extra rent the landlord -would have to apply to the 'Court to enforce it. Probably he would not take this step, especially in view of the improvements you yourself have made to the property.

M.H.B.— You can get a permit to Tote out of your district. Either one of the contending bodies will assist you in procuring it.

OLD SUBSCRIBER.-In onler to succeed you would have to show that the accident ivas due to the driver's negligence, and also that there was no contributory negligence on the part of the boys who were driving the cows. Of course. If the cow deliberately crossed in front of the car too late to enable the driver to pull up then the driver could not he held responsible.

FAIR IM.AY.—The difficulty in the case you describe will be to prove that the press was a ffift. You do Dot say how lone the deceased hail it before his death, so that I am not able to judge what effect lapse of time may have on the claimant. The latter, in making his claim, is. of couree. asserting that the prtt*s was not given to the de-i-eused. and if that c-luini i<. persisted in should the matter go to Court you would have to rely upon circumstances lo disprove it. sroeh as the length or time the deceased had the press, the Improvements he did to It. and the .ilpseiu-e of any claims made prior to his death. In the circumstances It i« difficult to advise, hut I should feel Inclined to let the claimant take the care to Court rather '.iian pay the amount demanded.

BLACKPOOL.—The divorce Obtained in New Zealand woulj be quite good iv England.

H.N.R. — It is very desirable that yon shonlil make a will if you intend everything to gr to your wife. I do not know- what nrxt-nf-kln you have, but if you died w thout a will your wife would have to sl.are what you Jeft over £r>oO with your near next-of-kln. In any case, a will left saves trouble and expense.

A SUBSCRIBER.—Assuming the deceaseil lev't a widow, a sister, and a brother, but no children, the widow mould take the first £300, and two-thirds of the balance. The brother and sister would divide what remained between them.

JUSTICE. —You can get a divorce on the ground of desertion after the desertion has , continued without break for flve years.

IRIS. -If the police knew of the facts in such a case as you mention they would, of course, take the matter up. whether the wife did or not. and the husband would be brought to trial, and no doubt sent to gaol.

COTTAGE.—The amount of rent depends upon tbe value of the property. Probably it you refuse to pay the extra amount tbe landlord will not trouble you further about it. as he would have to go to Court to enforce it.

SEASIDE.—Tbe cheapest and the only method is to instruct your solicitor to prepare tbe document! Probably as you are making a gift to a returned soldier he may be willing to do tbe

JEPARKA.—The only safe method to take in adopting a eliiid is to put tbe matter in the bands o~' your solicitor. If you attempt to do it without, the adoption may be faulty, and much trouble arid sorrow arise from it in alter years.

KAURI. —If. in addition to -what j-nti say. you have no -Britten acknowledgment of tie debt during the past six years you will not be able to enforce payment in tbe Court.

QUILL-DRIVER. —In case of your death before X's estate was fully administered your own executor would be the person to complete the administration of X's estate.

LAW.—If you have given your wife the furniture I do not see Low you can get it back, but if your wife w-.ig only to have the use of the furniture then it remains yours. If you are paying your wife sufficient, and she sends one of the children to work, it would be reasonable to deduct the child's wages from the amount you are paying for lisr.

FLAXSTICK.—No. ONE OF THE VICTIMS.—You hare a ~erfe'tly good remedy if you cau satisfy the Court that the singing constitutes a nuisance. You will iiave to take proceedings in the Supreme Court, and should put the matter In the hands of your solicitor.

MESSINES.—The witness' foes allowed at the Supreme Court depend roughly upon the amount of money the witness has lost through his or her attendance at the Court. Female witnesses are allowed two-third.s the amount allowed to males.

K.M.W.—There is no doubt whatever as to your right to a divorce, and the case should be a fairly simple one.

JUSTICE.—The employer is liable for his employee's negligenie. providing that when the events you describe took place the servant was on bis employer's business.

V.M.C.—The landlord.has no right whatrooras. If he does so he will make himself liable for damages. Your best <-ourse is to ignore the landlord's objections.

BIRKEXHEAD.—Snch a marriage is absolutely void, and the man is at liberty however, he should njakp such inquiries as could place the fact of the woman's previous marriage, and that her husband is still al've, beyond all possibility of doubt. C.W.—lt depends upon the age of the rirl. ANONYMOUS.—Anonymous letters cannot be answered.