LEGAL CONUNDRUMS

NZ Truth, Issue 725, 10 May 1919, Page 4

LEGAL CONUNDRUMS

I ifliv By "HONEST LAWYER." jfrV , -'; '_' ' "•■■; ■■'•:« AH matter for treatment m this column ''■i? J? e addressed to the Legal Editor. ;£Tnith" Office, Wellington. It must be understood that while every effort Is made to secure accuracyvV'Trutli" can assume no responsibility^ The ? querist must send name andadcfress, not :necessarily for publication, biit'to show ■'bona fides. _ Persons forwarding documents which they' wished returned to • them, ittUSt enclose postage. , -• ,- or,iJoV: ' . ■"'-- ' ■ {*%%" (Mokoreta): Seven years; but Tiifpit was committed m order to procure the conviction of a person for Jxftny crime punishable by death or .^imprisonment with hard labor for ft»i three years or upwards the punishaagient may be imprisonment wi'tb> 3 t;hard labor for life. There la aY liability to two years' imprisonment: t . with hard labor for making a falffa •^declaration. Charges of this kind : -never leaa to a eorivtotion unless th« vWdence of the perfloa malting 6* ?£ n £?y° d (Wanganul). <1) If taw '•^amount claimed has been paid and 2'"sS*> 0 «J mtlß fV ty* court oh the --jpplnt, the court will allow you you* ■*■<■ ;<josts— certainly cnot -.your full costs— -'and expenses; (2) Before the sumf J wons is actually served on you it ; '?? a 7 be the better course to request r £ ollcltor to see tte l**yw on C ; the^other side and have the position t iw\ clear ?°, hlm * **«* proceedings. V« * ?£. ate co «rsea open to you. i, Anxious" (Chrlstchuroh): matevw ~ • if '^, orth m y°ur agreement must : -ft e^^ n * ce £ ect to> Klt was stipu:iated that there were only two mortgages on the property* tneatke poaltlon Is clear. Confer with, th© Official arid--assuming the agrSe- ', ,'™^t to be clear on the point~afek i;^'^ 1 ? 3 have the thlr <* mbrtgaßo re.;":i?. a |ea--If you are tortake over the first • rj'S" - ' secon <2 ones. It is very difficult ' ; ! % : me to advise you on such faota, '.but if you will forward me a copy ,•2? * he agreement I shall do better. In, the meantime the Offloial Aissig-- " nee will inform you of the correct 'position. i"A;nXious" (Waimate): It is a very ;•;; furious point. The question of re■;•;'covery seema to come within the ■.Wages Act, 1908. He will not i»y. ' apparently, without proceedings! 1 —Advise you to consult a local solicJ--tor 1 1 11 who will Write to 'him for a sum to be fixed hw you. This may have, the desired effect. There are , ;, several, points to be cleared up: (a) tfh-iWh&t was the nature of the cone &&ss?■ O>) The exact relationship of :n yourself and your opponent The m.?act. that you are under 21 will not iyt'fea? you from suing if other matters „ t are clear. "principal" (InveMarglll) : If the mat/i ;jter. went before a court, that court :ij }Will ; .be the Magistrate's Court. Tha o.iS.M. is given, or . rather has, wida ■ {-'fdiscretionary powers. The whole ; n 'inatter would turn on th x c question ;,( of whether there was a contract, and, nlMiPo, did the other parties break it. 3ioN& doub t the formation of that cono/i tract In this case was brought about .10:%, their sending their children, and v your acceptance wa§ notified, to them .j+iin^your Instructinsr them. The clueso>/iwqg:.of their knowledge of. the rules, or the rules themselves being part i y,o,C-the contract, would be a question/ „;-,&£; evidence. Evidence would be ad- , , mlssible to show the practice In .similar schools m other centres. Such „ niay. or may not be m your favor, . TJieae are the points for consideration. On the, facts submitted I can- ,. ,npt advise proceedings, while, at tha same time, I am of opinion that If „ risked them on your own initia- ■ vtive you would have a sporting chance of success. The whole matter irjVjW&uld turn on the best evidence. **parix"; (Tarahaki): lam of opinion ,; 'you- cannot recover, as. If It wer» ,\.,, so it' would mean that :^ n Whenever an employee became ill he l ""'woilld be able to recover his lost „ time from his employer. If the dis- ' ■ t eiase was contracted as a conse- . of the employment, and. proof » r -,W"ere forthcoming m support, then "! the position would be different. In a "''Vord: if the employer is m any way . a, contributor to the loss of the'emflj.pijqyment, and this can be proved, an ', '.,, Ration for the amount m dispute may safely be risked. On the facts I „c annot advise proceedings. If.'howr 'ever, you intend placing the 'matter . m the 'hands of a local solicitor you „, mjjLy mention to him what I have '0 stajted.. Cutting returned. -'rNJ-L:' (St. Kilda): A will may be ! made so as to "cut" out any person „', the^testator may wish. The manner V;.-^ method In which bequests or lega■/;).!^s are made or given does not ren- ,' a.eVa will Invalid. The position now «■ iCthis: It you "cut" him out ho - 1 may, within a prescribed period after 'your death, apply to the Supreme r^Caurt for a share m the estate, and -.J'the . 'court would, on being satisfied ' as: : to his position m -life and the c -'fe.cts generally, allow or disallow his claim. In a word, the will is no\ invalid, but it is open to. him to .»: 'make a claim to the Supreme Court T within a prescribed period after the :■:>■ death of the testator. ifFair^ Play" (Wanganui): If- the fac--v tory was closed down by order of si th© Health Department and your ■..employment was not legally terminated you are, In my opinion, entitled ; -to ■•recover the amount legally due. r :lt-is your intention, I gather from ■yuyour letter, to place the matter m it the hands of j r our solicitor, and I .■.■''' should like to suggest to him that the Solicitor-General gave an opinion expressly on the point some tima '.ago. Be guided by your soUcitor enitlrely In the matter. J'/Newtown" (Wellington): It seem, the only way you can bbtahj ■-' possession i3 by selling the hous« ■-1 -to' your son. You have given no •^reasons why the tenant should ba ; ; removed, beyond the fact that yoi ;i 'require the property for your boy. I v -am assuming, therefore, . that - there ■vare none. , ••'Constant Reader" (Styx) : Last week. ■:->-I£ any further information required please let me know. „T nll "AUEi.A." (Hastings), and J.U--<v(ehrlstchurch): Next week.