LEGAL CONUNDRUMS

NZ Truth, Issue 791, 1 January 1921, Page 4

LEGAL CONUNDRUMS

II (By " HONEST LAWYER.") [|

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All matter for treatment m this column to be addressed to the Legal Editor, "Truth" Office. Wellington.

"Adoption" (Wanganui) : Assuming that an application for adoption has .been lodged with the; clerk of the Magistrate's Court, your solicitor will see to it that the, application is accompanied with a consent by the mother, an affidavit of character and fitness by some person that knows you and your wife, and any other papers that the magistrate may require. The law is uniform throughout New Zealand, but magistrates' practice differ— some requiring part of the evidence m support of the adoption to be given on oath before them, while others must have all. the evidence m the papers lodged with the clerk of the court. An important point m an adoption is the suitability of the adopting parents and the consequent future welfare of the adopted -child. Your present residence therefore is an important •point, and the magistrate is guided by a report from the authorities as to such suitability. If you cannot obtain a favorable report you will fall m your adoption applicationquestion of premium does not enter into this matter, apparently your solicitor ig doing all he can do m the matter, and 'his advice should be followed by you; (2) The period -was extended but you should communicate at once with the southern solicitors, and make the best arrangements you can if they are pressing you for payment. Before, advising you on your present position, it would be necessary to peruse the agreement you Signed.

"Justice" (Pleasant Point): Place* the matter m the 'hands of a solicitor practising m the city. The matter is worth following up. See that the letter written by the -deceased, or the statement mad-e by him that m the event of his death there should be a certain disposition of his estate — is made known to the solicitor. This is an important and very material piece of evidence.

"Digger" (Auckland): The rent of the rooms may or may not be excessive, but as each tenant knows what he is doing (at the end of each week, or month as the case 'may be), when he pays his rent, he has no one to. blame but himself — if he has a grievance — for remaining there after due notice. Your only remedy is to leave, as stated, if you are dissatisfied on score, of renti Do not reply by letter.

"Sister" (Wellington): (1) No increase of rent made' by a landlord will be effective until after the expiration of 28 days from the receipt of notice m writing that such increase takes place. This notice must contain certain specific information as to why the rent is to be increased. So far you state the tenant has not received this notice: so it is not necessary to discuss the matter f lirther at present. (2) The landlord cannot take proceedings to recover possession until after the expiration of a notice to quit. * The grounds on which lie proposes recovery of the tenement as disclosed by you are not sufficient to warrant a magistrate making an order for possession. If. proceedings are instituted the tenant j had better be (represented professionally m court i

"Bush Faller" (Owharigo) : No, except expressly provided for m the contract. !

"Mons" (Wellington):; While a landlord may enforce payment of rent by a suit m court op by distress he cannot exercise both these rights concurrently. Now' that you have obtained judgment for the amount (assuming that the magistrate refused to make an order on the judgment summons) you cannot very well distrain, or as you put' it, "put the bailiff m to recover goods to the value for the amount owing." Insolvency proceedings would not be profitable to you and there must be thirty pounds owing at least before you could commence such proceedings m bankruptcy. Apparently you had a solicitor appearing for you m court, and as he knows all the circumstances his advice should be sought by you at this stage.

"T.M.C." (Palmerston North): Yon are governed by the prospectus or script you hold for the amount you (have Invested m the concern. See what are the written conditions and these will be the best guide towards the recovery of what you think is due. From the writing mentioned you will be able to say whether the reply they have made to your request is correct or otherwise.

"J. 8." (Auckland): (1) and (2) These are questions which would be satisfactorily answered by the Inspector, of Labor. Suggest you call on him and discuss the matter with him. (3) It is an offence to do so without making a full disclosure to the Stamp Department and submitting to its assessment.

"Argument" (Marton): This depends upon, a variety of circumstances which are not disclosed — the nature of the contract, and what took place at the time it was made, and also whether the club is incorporated, registered, or otherwise.

"Constant Reader" (Invercargill): If you have been adjudged a bankrupt you must now deal with the official assignee m the matter, and if you lhave not been adjudged bankrupt, but merely served with some papers, you had better consult a solicitor at once to act and appear for tfou. It appears that as you allowed judgment to go -by default m ts©;vbth#i' courts you are m a somewhat difficult position just now. E^^&'Sstate that your property is at p§*|sent held by your creditors, and tfti&.pvay be an important point for your -solicitor. Your letter is too vague," unfortunately, to give ' definite information. State how you stand legally and assistance may be given.