LEGAL CONUNDRUMS

NZ Truth, Issue 771, 14 August 1920, Page 4

LEGAL CONUNDRUMS

II (By " HONEST LAWYER.") jj

Persons forwarding: documents which they wished returned to them, must enclose postage. 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, out to show bona fldes. All matter for treatment m this column to be addressed to the Legal Editor, "Truth" Office, Wellington. "Clinker" (Petone):- m view of the fact that the officials have clone nothing, consult the Department of Labor on the matter. If it is not desirable that you or one of your fellow employees should see the Inspector of Labor, any authorised person may see him on your behalf. . "Brenda". (Christchurch) : You have not indicated the nature or extent oil the estate.' Upon that will depend whether it is worth bothering aboiit. If the estate is valued at a reasonable amount you should be entitled to a share, under what used to be / called "The Testator's Family Maintenance Act." Consult a solicitor at once, as there is now only a few months left for moving! The fact that you maintained that other party for three years and your own circumstances m life should help you. "Jane" (Patea) : . Whether you are entitled to compensation depends on the nature and extent of the accident and the evidence — the medical evidence — to support it. Better consult a local solicitor. "Xi.A.R." (Tuakau) : Any court would take into consideratidn, m the event of your being sued, the receipt which you hold, it will be open to you also to show that the party contributed ihimself, to the present state of the limb. These two facts (if proved), would go a long way to exculpate m a claim for damages. "Gardner" (Gisborne): (1) It appears that no arrangement was made by you for wages or salary, for the party that came from England, neither was it discussed whether the period of service was to be short or long, consequently it would be difficult to establish a claim. The whole question would turn on the nature of the representations made by the employer (through you) to the party resident m England, which induced her to come to New Zealand; (2) With regard to the "wages, it would be interesting to know if there is a union m existence that embraces your occupation. Better discuss the matter with the Inspector of Labor; (3) If the animal was a straight-out gift to you and you can support this fact m law, then it is your (property. ! "Worried" (Woodend). If you can establish that New Zealand was the • permanent domicile up to the time of. his desertion, you have a strong case for dissolution. Except yon can supply evidence to support a New Zealand domicile your solicitor's opinion is correct. "Anxious" (Auckland): The case will simply turn on a question of hardship, and as it stands, it-is hard to say whether a. magistrate would ma.ke an order for possession. There is one way m 'which you could regain possession outside the court, any solicitor (who knows h.Ls law) could • indicate this to you. "Supplejack" (Greenmea clows) : ■ Yes. "Farmer" (Otan.e): Tho purchaser ' should pay Lhe coat of £he deeds or .documents, transferring- the property to him. Costs of dissolution of the partnership should be borne by all . the partners. ll Mab" (Dannevirke) : The Divorce and ' Matrimonial Causes Act provides ! whereby an application may bo filed by way of petitionby the husband for diminution o£ tlie alimony allotted by reason of reduced faculties. Any solicitor will guide you m the procedure. When notified of the facts she may agree to a reduction of the amount payable. o "Smoke-Out" <Manaia): You have no remedy. It is conceivable that at tho time notice was given, it was the intention of the parties to take possession o£ the house themselves. This could be proved m court m the ovenc of your suing, apart from this you have no olaim. " "Moratorium" (Wanganui): You have not made the point clear as to whether the amount is secured by bill of ' sa)e as well as by mortgage. The? ; manner m which the amount is to 1 be. paid is important. Could not givo you definite opinion except a copy of the documents or that portion of them relating to re-payment is sent for inspection. "R" (Oamaru): The present tenancy includes the whole of the land, portion of which you intend to take. Tt would be unwise to do this m the absence of an arrangement with the tenant. The proper course to adopt is to his rent to at least S per cent, of the capital value. "Three Pennyworth of Truth" (MclTose) : Your -solicitor should put the matter right and you had better' request him to do so. You have not stated how the mistake arose, and if you are writing again give fullest particulars. "Ajax" (Timaru): All parts of the' building are open to inspection by *' the police. MCurious" (Gisborne). You have no legal right to build on any property that is not your own, or to which you cannot prove your title. "Ruby" (Hawke's Bay): The" name of the father, m such cases, Is not given m the certificate without his consent. If an order was made against him at the time, or a deed drawn up between the parties, the correct name could be ascertained there. The mother is the only person that could throw any light on the matter. - "Exploited" (Dunedin) : (1) The landlord could not compel you to do what he suggests and he cannot evict you if you do not comply with his request; (2) In order to increase your rent you should receive 28 days' notice, which notice must contain the reasons for the increase. When you receive this notice consult the Inspector of Labor, Dunedin, who will advise you m resisting the increase. This is, assuming 1 , that your rent does not exceed £2 per week.