LEGAL CONUNDRUMS

NZ Truth, 5 October 1918, Page 4

LEGAL CONUNDRUMS

By "HONEST LAWYER."

All matter for treatment m this column to be addressed to the Legal Editor, "Truth" Office, Wellington. "If must be understood that while every effort is made to secure accuracy, "Truth can assume no responsibility. The querist must send name and address, not necessarily for publication, but- to show bona fides. ; Persons forwarding documents :v/hjßh they wished returned to them* imiit enclose 'postage. "T.G." (Auckland): I do not know what you mean when you state "An alien of enemy origin." Please state, is the party you are referring to a British subject, or is he not? When you supply me with this information advice will follow. ■ "Exo."_. (Parnell): - (1) -Not except you stipulated the objectionable things when you were renting the house, or it is ' customary" amongst tenants m your district to be "informed beforehand by the landlord that the house is free from such> vermin j (2) In my opinion, you could not sustain a claim for cartage, except you .cduld blearly" establish one of the points m (1). "Graaier- 1 *- (Prebbletdn) : • "The Mortgages Extension Act" -applies .to ; all . mortgages—(first, second third, etc. The mortgage cannot be called m until the end of the war, except you.- obtain an order from the Supreme Court to the contrary, which, can only be obtained on . submitting, sufficient grounds such as breach of covenant. It appears from your query that, all the covenants have been complied with, and, consequently, I cannot see how you can call m this mortgage before the time prescribed m the "Mortgage Extension Act." "Subscriber". (Wanganui) : (1) Letters of Admmistratrorr are an order of the court made on the application of some person or persons having the right to apply, and which order appoints such person to administer the, estate of a deceased person; ,(2) you have not stated, who was given custody of the . children. It seems to me that if the mother died without making a will, these children, would be entitled to a share of the mother's property, even if the children were treated as illegitimate. The section says: "Where any woman dies intestate, leaving no husband or legitimate children or their issue, her surviving, but leaving illegitimate children or their issue,, such illigitimate children or their issue shall succeed to her es.tate.in all- -respects -as- if such children were legitimate^." "Worker" (Lower Hutt) : To answer your question, it is absolutely necessary, for me to know the rent that was being paid for the property during the last four years. If any serious attempt is made to raise your rent, confer ■with . the Department of Labor, Wellington. This department has been specially appointed by the Government to assist and advise people like yqu. The landrlord would have considerable difficulty m increasing your rent, if you insist upon paying your present rent. The valuation supplied by- you is not the value on which the rent is based, but such value (if not -agreed on between you) as is fixed by a magistrate. If the value fixed by the magistrate is anywhere near the value mentioned by you, it is difficult; to see -how the rent can^.be increased. "Mahdi" (Waihopo): (1)~ Write to the Registrar General of Births, Deaths and Marriages, Sydney. Give him all information you possess, explain to him the difficulty you are placed m, and I feel sure that .with the aid of your mother's maiden name and the date of your birth he will be able to locate the matter for you, and send you a certificate; (2) If you get m touch with one of, your brothers, on your .< sister, they niay give you such supplementary information on the point as would : help the Registrar General. "' All the information mentioned by you to me wjiuld be helpful to him. "Perplexed" (Hdkitika): ' You have not made /the point c^ear. What interest have you In the property-^r which you have received the* notice X you state that you have-' llO interest lit; the property, but it s^nis.-td me, you hold the property, and t%f laay holds a mortgage over it. ifitais is so, it seems that you are -ttarile. I shall be glad, how&ver. if you will make the matter quite clear. . .'; "Ignorant" (Dannevjrke) : There Is 1 nothing" unusual m the fact "o; your, not ■-v- imViug" received tfie deeds, as. it i 3 always the case when a purchaser takea over an encumbered property, the deeds remain .m possession of the first mortgagee. Of course, when the mortgages are, paid off, theY deeds are handed ta the owner of the land' or his solicitor. The transfer you refer to should be m the Land Transfer' Office at Napier, where it ..will remain for all timer; A note of the - transfer, however, is recorded on the certificate of title. lam, merely, "assuming that the land is under the Land Transfer Act, and this title would be handed over to you when- the mortgages are paid off.' In order to be • quite- clear.. that the property is registered m your name you could ask a .friend of yours m. Napier to call at the Land Transfer Office there, and on the payment of a fee of 2s he should be- able to ascertain the position. You should supply this friend with the section number and block m which the land is situated. I have also assumed that the lancl is registered m the Hawke's Bas district, and if this is not correct, it is of no use going to Napier. Your facts .are very few, and I had to assume much. ■ ' "Benjamin" (Rona Bay): (1) It seems to me that' the new owner will have o considerable ■ difficulty m putting you out, on the grounds mentioned; (2) This entirely depends on the present rent: ' (3) It seems to me that the '< "addition" is attached or fixed to. the washhouse, and consequently falls within the meaning of the word "fixture," ..and. m .that .case, of course, it cannot be removed. If, however, you are satisfied that.it is not attached m anyway to any fixed -building, : and that, its removal will not injure or damage such ■building m any way, and, furthermore, it is not built on fixed foundations, hut is merely more or less m the position of a. large box, then you may safely 'take it away. I advise you, however, when the- first move is made by the owner, that you consult a solicitor to advise you on (a) Whether the notice is sufficient m law, and whether you are obliged to carry out same, or (b) To confer with him regarding the possible valuation of the property, m the light "of the possibly increased rent,, or (c) If it was your intention to leave to give him fuller particulars with reference to the "addition" as to wTietha. it is a fixture. You have asked my opinion, not on facts but on anticipations, which it is always difficult to advise on. . "Justice" (Auckland): There must V.c some misunderstanding as to the meaning- of the order made by the magistrate. I should like to see a minute of the order before expressing an opinion, if you understood him to say that you are a "widow" within the 'meaning of the' "Pension Act," that certainly does not entitle you to marry, as if you do, you are liable to a charge of bigamy. It seems to me the refusal of your pension was based, or should have been based, on the facts of your income amounting to what it does. Ask tho Registrar of Pensions. "What was It precisely that caused the .magistrate to refuse your pension? I agree with you m your conclusions, and am sorry that I cannot help you. Although you do not express it, I have assumed that 25s mentioned by you represents a weekly wage. "Boundry Pig Root" (Dunback): Whero is the property situated? State whether m a borough, city, or m the country. This is necessary to answer^ your question under the "Fencing Act." . "F. McM." (Hastings): The party insuring is bound by the proposal, lie or she signed m the first instance, ana although the transaction (if carried out by you) does not reap very great profits, the proposal is nevertheless binding. The point you are now raisine" should really have been raised at the beginning. The law of libel does not permit other aspects of the mat-.er, raised by you, to be replied to. Policies and books returned. . , . , "G.G." (Dunedin): Letter received tori late for reply this issue. Meantime* advise you to have a solicitor appear' for you m the case.