LEGAL CONUNDRUMS

NZ Truth, Issue 751, 8 November 1919, Page 4

LEGAL CONUNDRUMS

By "HONEST LAWYER."

t^l mat if r r °r treatment In this column ''Tn,^» a ™ S3ed t0 the Le S^ Editor. %l Uth ° fflce . Wellington. *»} , rQ « ust h f understood that while every eiton is made to secure accuracy, "Truth" nf^t assume no . responsibility. The S?oll« US * Bend name and address, not bona fides P ubli cation, but to show th^v™^^ f -? rwar(llng documents which £3o« W ££S^ tl * Md * them ' o »«•' "Desperate" (Wellington)- m Ha appears to have had the use L lie? ol the furniture. He certainly ws entitled to his share out of the proceeds but no more. You have not Stated where the proceeds from the eale have gone. This is a mattei of some importance to you- m The father was certainly'. entitled to his share m the realty and m th* absence of a will as to same it will pass to his legal next of kin; m I agree with you as to the question of expedition. . Call on the office solicitor (Mr. Rose), Head omeo ' Public Trustee,, /Lambton Q?a y : Wellington. State all the facts to him. and. ho wiil tell you the legal position. Copy of agreement and statements returned. "Tatler" (Napier): The best coursa for you to adopt is to consult a local solicitor and he will obtain the document or a copy of the document you mention from the Irish court through his Irish agents. It is difficult to state what the costs are •likely to be. If you do not desire this course you may communicate direct with .the Registrar, Probats Court, Dublin, Ireland. State the time of death of the testator, his name and where he resided, with a request to let you know charge for a copy of the document. This course may, be effective, if not your better way is to act on my suggestion above. "Anxious" (Gisborne): (1) Is the institution a Government institution, ' or is it constituted under the Hospital, and Charitable Institutions Act, 1909? If so, it is exempt. It may be exempt under other circumstances. I should like to know moro about the institution before giving 'reply; (2) Of covrse, if she goes back, or if you take her back you have to take the risk. You would not be permitted to iset dp the plea that the child was not yours except on very strong extrinsic evidence. The question of obtaining a divorce on the old evidence would then— if you later desired itbe at an end. This matter is' not so much a matter of law — having stated so much — as one of good, sound, commonsense. "Chips" (Matamata): (1) ,If you can c prove these facts you should be able to recover. While legitimate inquiry agents are useful there are some who are m the main a society pest and you would do • excellent work m exposing the position; {2) If you hold that telegram you can — on proving the other part,- i.e., that the statement contained therein was untrue — clearly recover. The fact is that a person employing ona of these "agents" does not like to sue them for., the recovery of the' i'eca as the person is afraid to exposa himself, consequently, the "agents" are able to go on. On the facts which I assume you can support by evidence, sue for the recovery of the amount paid. C.L. (Wellington East): If you marry without a divorce you may be guilty of bigamy. This is the law: "No one commits bigamy by agoing 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." I cannot advise you to marry again without first "divorcing your husband. "Tres Difficile" (Cheviot). You should notify the proposed purchaser that you hold a lease and inform him as to the term, rent, etc. In this case it is a local body and you should — if the proposed sale is more than a mere rumor — give it notice. If you can establish your tenancy, i.e., prove the existence of the lease— you have little to fear. If the 1 lease is signed and stamped, why not have it protected by Caveat m the Land Transfer Office m Blenheim or Christchurch as the case may be. "Leaseholder" (Hastings) : By the War Legislation . and .Statute Law Amendment Act. 1918, it is defined and set forth that the war shall be deemed to be existent until a date to be named as the date of the termination of the war m a proclamation, by the Governor-General published m the gazette. That Proclamation has not so far been, I understand, published. We are therefore legally, "but not m fact, at war and subject to the same laws as when the Germans were bombarding. Paris — and we were really at war then. Comment is needless. "Mrs. M." (Ashburton): Write to the Registrar, Supreme Court, Dunedin, and ask him if the will of your brother was proved there. State , your brother's name.? time ami placa of death. Ask him also the fees for a copy of will. He need not reply, strictly speaking, but unvarying courtesy is characteristic of the Supreme Court of New Zealand from the -Chief Justice to the tipstaff, and if you enclose stamp for a reply all may be well. That Is the first step. When you obtain this information you will be on the right track. >The name of the firm ■ of solicitors that succeeded the ona .referred to may stand over m the meantime. . K,E. (Ratana) : It is a sorry business. You can-do nothing without evidence against her of misconduct. She may sue you for maintenance but you should defend the proceedings. I feel satisfied that if you put your facts before a magistrate as you have stated them to me she will obtain little if any maintenance against you. R.M. (Nelson): I cannot advise proceedings. The amount is small but there is certainly a principle involved. He may show that he acted, on your instructions and while you may show by expert evidence that the work was unsatisfactory you would not be disproving his statement as to instructions. "Spud" (Colyton) : (1) You must take out the indemnity — it is provided for m the mortgage over your property; (2) Not sufficient mmy opinion. W.M. (Huntly) : You have slept on your rights .a long time — m fact too ■i long. See a local solicitor at once and a communication from him to the company may have the desired effect. Tell him the grounds of their refusal m the first instance;' m fact, tell him everything. You hava given .me littlo information. "Ashton" ( -): (1) Write to Officer m Charge, War Expenses, Brandon- street, Wellington, about the pay and gratuity. State tha \ name and number of the deceased soldier; . (2) Write to the Military Pensions Board, Wellington, and ask for an increase to your pension, set forth the name and number ot the soldier and the cause you rely on for the increase. I do know that pensions have been increased m case of deceased relatives where the circumstances have altered as m your case. "Constant Reader" (TimaruV' w f^* issuft. •**<--<;