LEGAL CONUNDRUMS

NZ Truth, Issue 731, 21 June 1919, Page 4

LEGAL CONUNDRUMS

By "HONEST LAWYER."

AH matter for treatment m 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. The 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. "Phil" (Wellington) : If there was no contract made it would seem that he merely holds the money m trust and must return it when demanded. I am inclined to the view that he will satisfactorily satisfy the court— should the matter go, so far— that it ' was your intention that the ; amount was paid to him for a specific article. In view of the fact that it is simply one oath against the other — should litigation ensue — I advise that your-' \ friend demand her money 'back, anci ' failing obtaining same amicably, th'ejl^' r get the best bargain aha can. : TK& ' nationality question must be kept distinct, I appreciate your sentiments. "J.C." (Wellington).. (1) If the bill was a "joint'and several" one you are, of course, liable for the balance. Look at the receipt you received for the amount you paid, that may contain the necessary discharge of your liability. You should have seen it . at the time. I cannot see how. you are to escape payment. You will, of course, have your remedy against ttie' other party. The summons havingbeing issued later,- consult a solicitor*. „ at once and follow his -instructions; ". * (2) The landlord may have a claim on the chattel for rent. If not then an order from the owner of the chat-= . tel to the landlord ought to be suffl'-V '.'. cient for you to obtain possession. '[].... "Anxious" (Palmerston N.) : On the^.•facts submitted by you, you need!! '! not vacate the premises. If you are summoned to give up possession go . f to the court and . ask the magistrate to hear you, submit to him 1 that you Understand that the War Legisla-. tion Act protects you as long as you pay your, rent — under the; circum-. . stances. Tell the magistrate that you have offered the rent and the landlord refuses to accept it!. If you are •.. sued for rent, lodge the amount, due m court as soon as you : receive the. summons. Go to the clerk of the court's office where you: will be. told what to do. Continue offering the rent to the landlord, and,; if possible,; m the presence of a witness. On the facts you have nothing. to fear; but stay where you are. ■/-■.■... "C.C." (Wairoa) : The whole question, cannot be answered unless the grant whereby the land was given to the, original owners is. examined; Another point .necessary to' give an .an.-. swer is: Is the river navigable, '. arid was it reserved m the original Cro^n grant? If the river is not navigable and there are no reservations and the grant of the land, described. the. land as bounded by the -river, then a,presumption arises that the owner of the land has a right to the bed of the stream, as far as the middle of same, ad medium filum aquae. It is impossible therefore to advise without a search of the title to the lands. "Subscriber" (Rotorua) : (1) An option extending over a period or rather an. offer must, m order to give it legal force, have some consideration to support it; (2) B. seems to have, bought the house, and can enforce the performance of the contract; , sub - : , ject, of course, to As. rights;- >(3) A : suit for specific performance or; damage; (4) The question of the legality •or, otherwise of the "option"., as you call it, could not be advised on< by me without inspection" or perusal of same or a copy thereof. You men- -.. tion the word '.'option," arid you really may not describe, it accurately as you ref er to the' owner, as -I uhdet^' stand your facts, as the "assignee," when really you mean the "assignor." The whole matter— the questions (2) and (3)— simply turns On the validity of A's rights. . ' : ' "Truth" (Mercer): The fact 3 supplied are insufficient. Was* the boat found on your land or adjoining same? -Ifthe river is a right-away or a public .highway at the place where the boat was found you could no more claim it and sell it than you couldsell a motor car which you may find on a public street. "Cow Boy" (Wanganui): Yes, he may apply to the court to enforce your obligation. You may, however, also . apply for relief on the ground that you have for good reasons, which you must state by affidavit, failed to meet the payment. The "Moritorium" may help you for the time being. Keep your interest paid. Should he. move consult a local solicitor at once to watch your interests. In the meantime remain on friendly terms with the other party. , . "56" (Palmerston North): (1) It is a doubtful matter if he can recovei the whole of the amount m view ol his action. If the "repairing" tended, during its progress, to make the house unfit to live in — and that ap- , parently is what the. "repairing" amounts to — then some allowance should be made; (2) The refusal may be a . ref usal of the amount offei'od, rather than a "proposed" rent; (3) Yes, you may lodge such a counterclaim; (4) On all the facts I would not advise your fighting it, rather would I suggest a settlement; (5) You need not. have left the premises if he did not want it to reside m. Letter returned. "Mac" (Christchurch) : (1.) To have the estate of your brother placed on a proper footing request the Public Trustee to do so. He has been specially delegated by the Government, 1 and very rightly so, to attend to deceased soldiers for a very nominal fee. He will also proceed to have a proper title obtained. This is the best, and, m fact, the correct course to adopt. The charges, including fees, will only amount to a few pounds. "R.S." (Gisborne): (1) It is very difficult for any person other than a solicitor to undertake the : work— iii fact, very risky; (2) Marriage invalidates the will. Better have a new will made. "Square Deal" (Washdyke) : It seems to me the matter is Statute-barred. The Statute imposes a six years' limit on recovery. There is this to be said, however, that the Statute does not commence to run until the time of discovery. You have not stated when you discovered the fact. Better write him a letter for the amount and send me his reply. .'-.-' "Anxious" (Dunedin). Could you procure and forward me a copy of the will and supply me with the fullest facts. State them clearly. Please do not use expressions such as "wife's father's mother." Refer to the parties, if necessary, by letters, i.e., A. made a will and left one-third to 8., B. died before A., etc.