LEGAL CONUNDRUMS

NZ Truth, Issue 685, 27 July 1918, Page 4

LEGAL CONUNDRUMS

j By "HONEST LAWYER." % ■ " &

All matter for treatment In this column to be addressed to the Legal Editor* "Truth" Office, Wellington. It* must be understood that while every . effort Is made to secure accuracy, "Truth" can assume no responsibility. Tha querist must send name and address, not necessarily for publication, but to show bona fides. Persons forwarding documents which they wished returned to them, must enclose postage. "Friend" (Palmerston North) .< Thai payment of the amount to you In --. 1913 has kept the debt alive, m my opinion, until July, 1919. I advise you to move m the matter now, and interview a local solicitor. When you obtain judgment of the court you are protected for some years from the statute of limitations. "Anxious" (PaUneraton North): TM best course "Cor you to adopt I# td consult a reputable firm of solicitor! , In New Zealand who haa an Of tilt ta London to go. into the mattar for you* The aaraney you mention X da net know, (although freaoetttly mention* «d to me m e&aes similar to revrftX and eannet giv« you aa ©piaien <fe its standinff. If you follow' coy adrfatf you will get satisfaction, and will fat In touch nearly direct with th« Chancery Court. Furthermore, the Mildtor you consult will give you an Outline as to the probable cost and you will know where you stand. Lstwro returned. "X.X.A." (King Country)* XI) Yes, you may instruct any solicitor ta send the letter for you to thd other party. She should contribute her share to the person^ support; (2) ii; Glad- to J Hear^that tha :wlU aowttep if , working out alrigttit '■•■<- -,-:,.. "A.8." (Nelson): Yes, it Is hard. Evidently when the arrangement waft made, they had the case adjourned— a fact you may ascertain privately from the Clerk of the Court. Now, however, that judgment has been obtained, the gentleman m question i may try and get a judgment summons against your husband and U they attempt this, they wiU find it difficult. The husband should and must appear m court, and if on bath he should state (1) his wages. (2) those depending on him and (8) hia current expenses, and on hearing these facts, the magistrate will znaka an order only on being satisfied that after payment of (1), (2) and (1)* there is a sum left sufficient to pay, instalment off the debt. The fact that there are children m the family, would make it sure for you to succeed if the other party try for an instalment order. When they take the next step, you or your husband , should state, In court, th* Whole story, "' from the beginning— it will help to put you right with the public. I may,, state that the next step is really the bailiff to come to the house and solM the furniture, but I am assuming th« furniture is your own property whicj* ; would prevent such seizure. You have not made this point clear, but it is a material factor. Then if therei is no seizure— that is if the furnlturr is yours— the next step Is th» judg-t ment summons. "Fiat Lux" (Pukemiro) : Btrdngly si&4 vise you to refer the question to Aw bitratlon under Rule 88, and m a<M cordance with such rule. The decision 1 will protect' all parties. Regret you have been crowded out so far. Rules returned. • "Anxious" (Okato): The position ap-^ pears to me that you have signed a] document and you are bound by it< You should have read it before signing same — if you did not then you are bound all the same. There is this point, however, that if the interest is excessive — over 10 per cent— it will be difficult for the other party to recover the excess. Should you- find it difficult to pay and that he sues, you better appear (first send m your notice of intention to defend within! five days) and statevyour side, of thai story, ask what is the rate of interest. " Then if judgment is obtained, he will ' seize the furniture. Regret you havt been crowded out. Letters returned* The other points you raised are hot material. , "Roselle" (New Lynn): (1) On tha brief facts supplied — if your husband 'has deserted you for five years and upwards, or if the illegitimate ■ child ! was born a certain time after your, marriage — Yes. (2) About £30. (3); . Better consult any Auckland solicitor. You appear to have a. good case to obtain the redress you wish. Other, facts, not mentioned by you, are es^ sential. "Bishopscourt" (Dunedin): (1) Yean (2) It is a pity you missed attends ance at the Assessment Court— i which is always duly advertised. II seems ,to me you have no remedy except through a reduction of the val-: uation by that court. Letter returns cd. "Fox-street" (Featherston) : Your request seems to me a perfectly reasonable one. The landlord cannot put you out at a week's notice — nothing: except a month is legal. He cannot m my opinion, eject you at all as long as you pay your rent and act aa an ordinary tenant should — except if he requires it for himmself to reside m. In my opinion he should effect reasonable repairs and if he has not done so by this time, request him to attend to them immediately. You need not, leave if you have hot dona so. * "Argument" (Gisborne) : (1) If A agreed to hold, or keep the horse until the day following the sale for delivery to C, then A is liable to O •' for the value of the horse. In addition to this, A may sue B for damages, (1) value of the horse and the loss thereof. (2) Re-state tha facts please. The question does not seem clear. Was there no brand on the horse? <jx "Returned" (Christchurch) : (1) No you cannot deduct except there was an agreement to this effect. (2) No, (3) Write to the Chairman, Board of Trade, Wellington, and forward the invoice to him. Invoice etc., returned. "M.C.McM." (South Canterbury) : Top general a question. Your question is simply replied to by sending you a copy of the Act. Please state (1) value of estate, (2) next-of-kin— < whether father, mother, brothers or sisters, (3) whether a will and natur« ■ thereof or (4) if the person died in-: testate. In short, state the factfl specifically. "Sanitary" (Wyndham): (i) Giv« him notice and if of no effect, then sue him for trespass. (2) If ttia blocking is caused by the tenant, m my opinion, he is bound to clear same. "Mother" (Wellington) : In my opinion* he cannot Interfere when she is ove tf sixteen. ,4'JCewpJle"; (Wellington)::; -The/ fact that( . .; the person is: under age does not af-:.,; , ( „ |ect: the validity, of the. order once cit. ,2 : [ ,^.is/.gr,anted.< The^point may. be raised^ v ......when 'it is applied for. : L^aailt •JW'j.djpwer"-: ■■> (Aramoho) : You mas»,.~ lTj „ make,; a '-will m whatever,-.; #ray;.ydu ; r ;f , ; .j , wish, >i!e.,r. you t may. nleave) sail, ;; your =,n property 1 -tor iorie»: child. *_ : After, r;your -, ■ . death, however,? the others may claiming a share m proportion to their posttlon m life — not. necessarily an equal proportion of the estate. "S.L.C." (Wellington): Your legal name is your registered name. "Tenant" (Masterton): Why did you wait so long before raising the question? That would be a material fact . against you m any case. There have been many cases on the meaning of "more or less" and the sum total of ; them all is that it is a meaningless phrase. I would not advise you to proceed, except you supplied me with the fullest details as to all the surrounding circumstances of the sale, etc. "Eureka" (Christchurch) and "R«jj III." (Grey town) : Next week.