LEGAL CONUNDRUMS

NZ Truth, Issue 692, 21 September 1918, Page 4

LEGAL CONUNDRUMS

By "HONEST LAWYER."

All matter for treatment Jn this column "_ be addressed to the Legal Editor, "Truth" Office, Wellington. «.« lt . tT J ust be understood that while every eiTort is made to secure accuracy, "TruthV can assume no responsibility. -Ti'.si querisc must send name and address^ not necessarily for publication, but ttf show bona fidcss. /•" * +»,rw rso '] S u f ° rw arding documents whlctf they wished returned to them, rmisfr enclose postage. "Si°.S St SS* ca + ? er " (Feilding): You have 2« ft ,?nt ted the P^iod over which the amount was due, or the time the w?, U 2L wa£ ? b0 ™°wed. If the interest was excessive the Magistrate's Court *nnii£?K er t( \5 e l open the matter on application. Advise you to consult a local solicitor to appear for you and advise you-if the interest was excessive—a fact you have not stated. "Equity" (Papatoetoe) : If you bring on your land or section anything that may do any damage to your neighbor's proi perty you are liable for such damage. Therefore you must keep your fowls within your property. Ordlnarllyf you _S?,, b 2 un ii to v er ? 0 , t a fenoe as prescribed 2, n _L b , y the *«*">ln* Aot, but. hero it is simply a case of Tceeping your fowlon your land. It Is immaterial what is the nature of the protection of the , fence you erect— providing the other party consents to same—so long as you keep your fo-yrts. inside. If you cannot Keep them under control you should dispose of them altogether. "Siok Club" (Auckland): "Write to the Registrar, Friendly Societies, Wellington, he will give you the fullest information, including forms. This is the best advice fbr the present. If you require any assistance when you hear from the Registrar you may communi- ', cate." State your case fully to him. "Rita" (Invercargill): Not a, sufficient! . ground, but it is evidence of "cruelty. ■ The strictest proof, would be necessary,' and if such proof was ; forthcoming your immediate remedy is a separation by the magistrate. Consult a local solicitor, if you intend moving, and he will further advise you— a solicitor is essential to appear for you. m court. "G.H." (Patpka) : If the amount was lent under a Bill of Sale he may have some difficulty m calling up the amount during the war period if all the covenants and conditions^-except the one dealing with the repayment of the principal—are complied with. If it was lent j on mortgage, same rule applies. If, however, it was an ordinary loan, without security or deed, then it may bo sued for at the end of , the term agreed on for repayment. "E.S." (Wallingford): (1> No. Imprisonment does not reduce the debt: (2) Yes;i (3) No. . ' "No Fool" ( — — . : (l) i would not ad-' vise you to proceed against him. See him, m presence of a witness, and ask him to cease from speaking about you, and, if necessary, mention • the. names of those to whom he has so spoken — : see, however, you have their permission first; (2) "One oath against.another" leaves muoh to the justices. "Inquirer" (Te Karaka): If she proceeds the magistrate will decide the case on the facts adduced. If you can afford it then an order will be made against you. The amount she is receiving from the house (if hot subject to paymentof interest on mortgage, etc.), may,-in his opinion, be sufficient to maintain ? her, and m that case he would not make an order against you for maintenance. A good deal will depend on (1) the "station In life" of the parties; (2) youi" means, and (3) your present residence will be much against you. ■"Subscriber" (Ngawha): Request somel solicitor m Auokland to collect the amount for you— the charges will be trifling. If you know the executor, write to him, or write to a relative of the deceased and find out the name of the executor. The executor may settle direct with you without the ser-: vices of a solicitor. "W.C." (Waimate): Many thanks .;for! cuttings. Follow your solicitor's advice. That is the best advice I can give you.Cuttings returned. "Sport" (Whakaronga) : No. You' could not recover the amount — that is my. opinion. "Anxious" (Christchurch): You may ba' sued for the amount, but during the period of the war I have not heard of one case where the department has taken action. You may receive many . letters on the matter, but wait until you actually receive the summons be-fore-refunding, aB by that time- the whole matter, may be cleared v up. The point you raised affects many others besides you, and some of the societies m New Zealand interested on behalf of relatives of soldiers are moving at present m the matter, so that applications for over-payments will not be made. "Bardol" (Canterbury): (1) A solicitor is essential to appear for the party seeking the decree; (2) About £30; (3) The clearest evidence is necessary, and I cannot'see how the name of the third person can be avoided if the ground mentioned by you are those on which the dtecree is to be sought. "Constant Reader" (Oamaru): Either become the agent or the servant of the owner of the goods, so that if the step feared is taken the proper proofs, of the .ownership, are forthcoming-. "Bovine" (Hastings): Not removable, m my opinion, as they are fixtures. . "J.W." (Feilding): Yes. Do not marry; except you take the suggested proceed-! ings and obtain your decree absolute. "Commercial" (Sydenham): What were' the terms of the decree In the divorcecase re maintenance? i "Widow" (Willis-street) : See a solicitor at once and place all the facts before him. If you are not mentioned m the will you may be limited by time. If you are so mentioned then he will find out the position for you from the trustees. "T.D." (Waipawa): If there was no sale, or rather, if your wife merely brought the/ articles home for inspection, then j'ou might have had a case for recovery of the amount. An element against you' is your keeping one pair... You should not have done that, as it is absurd to talk of keeping it as a, security. I should advise a settlement , and on no . account -take the matter to court. You were m an extremely good position m the matter until you retained one pair. The fact that they gave you two to choose from when you only required one, was clearly against them on the question of sale, but your subsequent action, m my opinion, prejudiced you. "Light Wad" (Shannon): The wife should go with you to the nearest S.M. and make a complaint on oath and tha arrears may be recovered. If she does . not feel disposed to go you may interview the S.M., and he may accept, your evidence m the complaint. Suggest you see the S.M. if she does not do so. "Sonny" (Trentham) : Very difficult- to move a tenant under War Regulations. If, however, you require the house for yourself, Ye., your |wi,fe or Another or sister, then serve him with a notice expiring m a month from tho last rent date/, and he must leave, other- • wise the magistrate, on application-be-ing properly made to him, will make \ an order to leave. The notice should state you require the house for your own use. It may be necessary to take court proceedings, and advise you to consult a local solicitor to draw up notice and watch your interests generally. "D.M." (Wallingford): (1) The father 13 absolutely entitled to the custody of the children against the world, m tha absence of an order of the court to the contrary. I am. assuming that these children are very young, under, say, 12. (2) You have a right to the custody of your child, therefore, and you may bring the child homo; you must not use violence, however. (3) If you have .any difficulty your remedy Is m the Supreme Court by way of writ pi habeas corpus. "Inquirer" (Paraparaumu) : Depends on the agreement entered into between the parties at the time. If no agreement, then the employees may be entitled to return fare on the grounds ot "usage" or "custom." To succeed on such grounds it is essential that it be proved, if the case goes to court, by independent evidence that m cases of the kind it is usual for employers to pay the fare on return journeys of their servants. Of course, an important element m the whole matter is how long the employees remained m their present position (which' was not ye^y long) and the cause of determination. "A.C." (Gore) (1) The Public Trustee would not receive one-third, and It is absurd to suggest It. His charges ara most trivial. (2) If the will leaves tha estate tn the same parties as would, receive it on an intestacy (when there is no will), then there is no difference m the "stamp duty." To answer this question T should know the contents of the will and who the testator is. • -*i.e., married or single, and if married, •'how many children. ' (S) The amount should be" stated . before T could answer the question. M") The Public Trustee makes an excellent executor, (d) No: the witnesses to a will merely witness the signature of the testator, initial any alterations, or interlineations and nn. more. _. "F.C.N." (Ashburton) and "Bondsma^ (Wellington): Next week.