LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXI, Issue 102, 2 May 1930, Page 17

LEGAL INQUIRY COLUMN.

{By BAREISTEE AT LAW.) [Letters of Inquiry will be answered 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.] QUERY.—A warrant is required in every case except where the premises are occupied by Chinese. G.B.—The structure becomes the property of the owner of the land and nothing you can do can alter this fact unless the owner concurs. PUZZLED.—(I) The solicitor could hardly have protected you. Most titles are not clear, but are cleared out of the purchase money. (2) You may recover the money paid and should set it oft! against any balance due by you to your vendor. WORRIED.—Your remedy is against the owner of the cows. If you cannot ascertain who owns them sue both parties. Your letter does not give me sufficient information to enable me to advise you whether you have a remedy at all. I merely mention this as you assume you have a good case and I do not wish you to think that I am necessarily of the same opinion. CLODIAGH.—You have been done an injustice. The magistrate was clearly wrong in holding that the evidence disclosed that your marriage was invalid, if at the same time he held that your husband had not committed bigamy. If the evidence was good enough for one purpose it was good enough for the other. For the sake of your children you are quite justified in assuming your marriage was valid and they should continue to use the name under whicli their father married you. If you think of remarrying, first get a divorce. By doing so the presumption that your children are legitimate will not be disturbed. You can, of course, sue him for maintenance of the children. ANXlOUS.—Neither of the matters you mention will of themselves debar you from obtaining the pension. "STAR" READER. —The total cost would be about four and: a half guineas, if you employ your own solicitor and the mortgagee employs a different one. AUSSIE—For his own protection the trustee must be satined that the father is dead as, if he is alive, he is entitled to t.Ue whole of the estate. It will he necessary for the trustee to get the leave of the Court to presume that the father is dead. Before the Court will give this leave it will require to be satisfied that all reasonable efforts to find the father have been made. The efforts should include newspaper advertising and inquiries of relatives, friends, and evidence when and where he was last heard of. TENANT —The notice is valid. You may ignore your landlord's requirements.