LEGAL CONUNDRUMS

NZ Truth, Issue 744, 20 September 1919, Page 4

LEGAL CONUNDRUMS

By "HONEST LAWYER."

"Jacky" (Wellington); The solicitor's costs must be paid. The arrangement between the solicitor and the client must be given effect- to irrespective of the costs allowed — which may be paid. In the event of the co-respondent ultimately paying same, the solicitor will return the amount to the client, less any deduction he may make for costs due. "M.A.8." (Moawhango): Pensions are m the main, subject . to law, but a good deal is left on facts adduced before, and finally, to the discifetion of the members of the Pennons Board. On the facts submitted, \the wife and child are clearly entitled to a pension, as he is not a discharged soldier so far and that, it seems ■ to me, is the principle on which th© Board acted. "Constant Reader" (Marlborough) : It seems to me that your application, was accepted, and consequently, there is a binding contract betweenv you. The amount involved has not/ been mentioned by you, and consequently I cannot state whether the point is worth , testing. You have not clearly stated that the offer was formally accepted, but doubtless, it has been. All these points are of tho greatest importance, and on th« facts submitted, it seems to me you are liable. ■ "Dressmaker" (Newtown): Your remedy is to sue the other party for whatever amount is due to you, and such a sum for keeping the article as well. You cannot under any circumstances, appropriate or sell it , without a proper arrangement be- ' tween you, or an order of the court to that effect. You have not stated that there is any money due to you. "Divorced" (Wellington) : The best course for you to adopt if a maintenance order is enforced' is to apply for a variation of same. That may be applied for at the local Magistrate's Court. It will then be open to you to show that you were divorced since the order was made, and the magistrate should vary the order and relieve you of your liability as far as the wife is concerned. In the application for a variation ol! the order, you could also apply for the cancellation of the arrears (i? any) or a part thereof. The best course for you to adopt m the meantime, is to discontinue payments under the maintenance order — when the application for a variation ordei' should be lodged — if she moves. "Kiwi" ; (Takapau) : This is a most involved branch of our legal system, and a case decided before the English Court of Appeal and reported m the 1919 Reports (Copeland v. Hill) fully sets forth the law. It seems to me that when the article was stolen from the motor garage, if the proprietor did not report the matter to the police immediately, he may' be liable for loss; assuming, of course, that the garage was properly locked and. there was no carelessness or negligence on the part of the proprietor as the result of which a theft might follow, m a word, that he exercised every degree of care which an ordinary individual would exercise m such circumstances. "Working Man" (Waipukurdu) : This is the law: "No one commits bigamy by going through a form of marriage if he or she has been continually absent from his or her wife or husband for seven years then last past and is not proved to have known that his wife or her husband was alive at any time during those seven years." "Driver" (Morrinsville) : You are entitled to the return of your bicycle or for its value with some damages possibly for loss. , I, suggest that you place the matter m the hands of a local solicitor, who win write to tho person and if necessary, take legal steps. "R.H." ( ) : Please supply name and address, not necessarily for publication, but as evidence of bona fides. "Subscriber" (Oamaru) : One month's notice is the maximum. The fact that the house has been sold is not sufficient to' dispossess you except the owner is going into possession and occupation himself or his employee is doing so. "C.J." (Greyniouth): It seems to me the point is whether the share had vested before the death of the parties, and as I have not a copy cf the will before me, it is difficult. for me to say with certainty if it was so vested. Your best course is to consult the solicitor for the executors of the parents, who will advise you as it is necessary for them to know amongst whom they are to distribute, the estate. . "Hinemoa" (Dannevirke) : Submit aU particulars to the Pensions Board, Wellington. They have a wide discretion. "Equity" (Upper Waiwera) : Suggest your consulting the, rules of the Society. These will probably give you the information you require. If not, you must consult a local solicitor as proceedings apparently are necessary to protect your lights. "Covey" (Dunedin): The answer to this question is subject to the position of the title. There may be registered m the Land Transfer or Deeds Office some form of easement Better ask a local solicitor to searcb the title for you.