INQUIRERS' CORNER

NZ Truth, Issue 1141, 13 October 1927, Page 16

INQUIRERS' CORNER

I|S3SSSSZZ=SZ: Conducted by "INTERPRETER."SSSSSSSKS ll Answers will be published as early as possible after receipt of ' II questions and so far as possible m order of rotation of receipt. 11 All letters must bo written m ink and be addressed "Interpreter" |l c/o "Truth," Manners Street, Wellington. While we take no responsibility for any answer given m these columns every enii deavor will bo made to see that they are absolutely correct. II Answers to legal queries must be accepted merely as a II guide as to whether or not it is worth while going to the exII pense of placing matters inquired about m the hands of a II solicitor for further action. ... II No replies can be made by post- No anonymous inquiries II will be answered, and inquiries of this nature will not be prejji served. Frivolities and questions not of general interest will II not be answered.

PROPERTY RIGHTS Q.: A hawthorn hedge has done service as a dividing fence "between my property and that of my neighbor for the last fifteen years. I now desire him to assist with the erection of a board fence, which he refuses to do. Can I compel him to pay half the cost of a new fence? — "Greenhills" (Invercargill). A.: You can have the dispute decided by a magistrate, but since a live fence is a "sufficient fence" under the Fencing Act, 1908, it is doubtful whether he would make an order against your neighbor. If hawthorn hedges are made illegal you will have a clear case. INSURANCE Q.: (1) My dog was killed by poison laid by a neighbor. Have I any calim against him? (2) I have paid premiums to an insurance company for several years. Can I now cease payment and reclaim what is already paid? — "Tin Lizz" (Amberley). A.: (1) Yes. (2) You cannot recover anything. HOUSING AND RATES Q.: I find that the drains from the house I recently rented are leaking. Who is responsible for their repair? — "C.C." (Devonport). A.: The landlord. Q.: Is a verbal stipulation m a tenancy agreement providing for a month's notice of intention to quit binding on me? — "Puzzled" (Masterton). A.: Yes. Q.:'l rent a house and sub-let part of it. I have been given notice to quit. (1) If I leave the sub-tenants m possession am I still liable for the rent? (2) Can I give them notice to quit also? — "F.W." (Miramar). A.: (1) You will be unless you make an arrangement with the landlord to take, over the sub-tenants. (2) Yes. Their tenancy is dependant on yours. Q.: I rented a house at 27/6 per week and the landlady gave me no-

tice to leave as she had sold the |] house to someone || who wanted to ii live m it. I left || accordingly m |; September, 1927, |] but now find that |j the place has not || been sold and that |] the landlady is |j trying to re-let at |! 30/-. — "Constant |j Reader" (One- |! hunga). li A.:' Had the war |i legislation as to 1; tenancies been |; applicable you |j would have had a f!

pla n «. r> ICI i TYI jtiiniununilinilHunitiHiitimiHiiHiutmiiiinii y, I Va, l y^ lOj i m jrnittiMMHiiwuttuiiintliinuiliuiiuuiinniiHillili against the landlady for damages on the ground that she had deprived you of the benefit of your statutory tenancy by fraudulent misrepresentation. But that legislation under the Rent Restriction Act of 1926 is to cease to apply to any dwellinghouse after August 1, 1927, unless a magistrate's order is obtained and m any case the whole of the legislation is to be repealed as from January 1, 1928. You could say that the fraud misled you into not applying to the magistrate, but m view of the doubt as to whether an order would be made and the early cessation of the legislation the damages could not be very great. BANKRUPTCY Q.: Where goods are purchased on the hire purchase system and the purchaser becomes bankrupt before they are paid for, can his landlord distrain on the goods for rent? — "Inquirer" (Wellington). A.: No. The property m the goods always remained m the vendor. In any case no distress can be levied after the debtor becomes bankrupt. LEGAL Q.: My daughter is confined m a home under the provisions of the Child Welfare Act. (1) Can she be retained there until the age of 21? (2) Can I claim her illegitimate child? (3) Should I employ a solicitor to try to get them back or could the child welfare representative here take steps for me? — "Anxious Mother" (Gisborne). A.: (1) The superintendent of child welfare, although he has unreasonably wide powers, has no authority to retain an inmate after she reaches her majority, except with the consent of a magistrate exercising jurisdiction m the Children's Court. (2) It would be useless trying to get it. The child welfare authorities will probably not release it until it, too, reaches its majority. (3) Employ a solicitor. Q.: My brother has had the use of a farm belonging to me for over six years, and has not paid any rent. Can I claim rent from him? — "Constant Reader" (Palmerston North). A.: If you agreed to let him have the land rent free, you cannot recover. You can give him notice that you intend to charge rent from now on. BRIEF REPLIES "Constant Reader. (Hornby): Go to the nearest solicitor. — "Anxious" (Timaru): File a deed m the Supreme Court. About £10. — "Conscientious" (Napier): Answered months ago. — "Inquirer" (Dunedin) : There appears tc be nothing illegal m the competition you propose. The recent cross-word puzzle case m Wellington has no bearing.—r"A.M." (Alicetown) : You are entitled to it. Apply to the bank. — "5.0.5." (Wellington): Two months.— "Anxious" . (Dunedin) : Give them a legal notice to go. If they refuse you can issue a summons for possession and arrears rent. — "Ajax" (Dunedin) : Yes. — "Constant Reader" (Gisborne) : No. — "C.H.8." (Wellington): The Re-gistrar-General of Births. London; about 5/-. — "Mountain" (Wellington): (1) Either could be used; (2) The "M." is not used. — "Childless' (Greymouth): Your letter has been attended to. — "Enquirer" (Tokomaru): (1) and (2) The Agricultural Department can give you more definite information; (3) Presumably you mean "Campus," a military parade ground. — "Old-Age Pensioner" (Timaru): Write "Lyttelton Times," Christchurch. — "Cameron - ian" (Inglewood) : Write to Curator, Turnbull Library, Wellington. — "A.M." (Dunedin) : See some professional showman m your . town. — "R.F.A." (Christchurch): Yes.— "Farmer" (Dannevirke): You are not liable. — "Plumbob" (Auckland): You can claim the

extra amount it has cost you. — 'Inquirer" (Stratford) : The landlord can distrain for rent due to him, but he must observe the law of distress. In breaking into the house m your absence, removing more furniture than was necessary and failing to leave copies of the warrant and inventory he was guilty of breaches of the Act." By law he is bound to leave you £50 worth of furniture. You seem to be entitled to substantial damages. — "Harley

RATE OF INTEREST

Q.: I borrowed less than £50 from a moneylender and am repaying it at the rate of £5 per month. What rate of interest can he charge? — "Uncertain" (Ohau). A.: He is not restricted to any particular rate of interest. Where, however, you are dealing with a moneylender you can always have the transaction reopened and reviewed by the court if you consider that the rate charged is too high.

MARRIAGE AND DIVORCE Q.: Can a man legally marry his mother's sister? If not, what would be the effects of such a marriage? — "Constant Reader" (Tapu). A.: The marriage is illegal, and any union between such relations would be void. Children of the union would be illegitimate. MORTGAGES. Q.: I hold a mortgage over a property. The mortgagor sold the J»mises. "Who is now responsible for the payment of principal and interest? — "Anxious" (Grey town). A.: The purchaser is prlmarijy responsible but m case you have to sue them you can only sue the original mortgagor leaving him to claim, contribution from his transferee. It is now usual to insert m mortgages a clause requiring the purchaser to execute an independent deed of covenant with the mortgagee direct. If that has been done you can sue both or either at your option. WAGES AND PENSIONS Q.: If a houseowner lets rooms for about 15/- weekly (his only private income) will he be barred from' the old age pension?— "Bron" (Napier). A.: If, as you say, that is his only income, and if he has no accumulated property other than his home, he will be entitled to the full pension. Q.: I own and live m a small freehold place. If I borrow say £200 on mortgage and pay it into the bank — will my pension be affected? — "Inquirer" (Graf ton). A..: You would be very foolish if you did, as the value of your home whatever the amount is not considered accumulated property whereas money m the bank is. You should only borrow if you are going to pay the money away immediately. Q.: I was for some years under the supervision of the Child Welfare Department and was put out to work on farms at a weekly wage. I was allowed 1/- a week pocket money the re-

mainder of the | wages being | banked by the I department. lam I now 23, but the 1 department refuse I to pay me ,the I money saved exI cept on conditions I that I get married | or start m busiI ness, etc. Can I 1 sue for the 1 money? — "Canigh" I (Waihou). I A.: No. Your 1 title to the money | is somewhat prei carious. Under I section 37 of the

imurmimitmHHnOTmiunmnmmtlroiotti Child Welfare " ™ ■--»««• Act it is provided that the superintendent may charge your earnings with the amount of all public moneys expended on your equipment or thereafter expended on your behalf. On your discharge the department may pay you the surplus or it may continue to hold the whole or any part of the money m trust for you to be paid at such times and m such manner as the superintendent thinks fit. Should you die before receiving payment the money will go not to your next-of-kin, but to the Government. Although under this provision it is to the interest of the Government to bold your money as long as possible, there seems no means of controlling the superintendent's absolute discretion. GENERAL Q.: Can a man he deprived of his civil rights for an offence connected with betting? — "Sweet Pie" (Hawera). A.: Not m the sense m which the punishment is used under the Defence Act. He is, of course, deprived of civil rights while he is m prison. Q.: My wife agreed to buy a certain book m my absence. Can I be compelled to pay for it?— "L.F.G." (Dunedin). A.: No. Q.: Does a barman who supplies liquor to a bona fide guest under the age of twenty-one commit an offence? — "Barman" (Pembroke). A.: No. Q.: What formalities are required to renew a promissory note for £100? — "Inquirer" (Christchurch). A.: The easiest way is to execute a new one. Q.: I have composed a song. Should I copyright it and what is the procedure? — "Composer" (Kaikoura). A.: Registration under the copyright Act, 1913, is optional. You do not need to register to be protected, but the Act provides that if you desire to take advantage of the special remedies provided by Sections 15, 16 and 17 of the Act (relating mainly to musical and dramatic publications), then you must be registered. To register you will have to deposit with the Registrar of Copyright, Wellington, a copy of the production and fill m the prescribed form and also pay the prescribed fee. ro CORRESPONDENTS Davidson" (Timaru) : You cannot claim unless you were authorized to effect the repairs. — "Worried" (Dunedin): (1) You cannot take any steps except persuasion ; (2) See the child welfare officer. You will have to pay, but your means and other liabilities will be taken into account. — "Inquirer" (Wellington): (1) No, the vegetables belong to the purchaser;' (2) Yes.— "Anxious" (Petone): You must apply to the Supreme Court for permission. — "Trixie" (Westport) : You should see a barrister and proceed m forma pauperis. — "Subscriber" (Wellington) : (1) Employ a solicitor; (2) You should; (3) He would if you were successful. — "20 Years' Reader" (Paraparaumu) : Write to the local Labor Department. — "Fair Play" (Matata): Yes. — "Inquirer" (Christchurch): Just write to the solicitors pointing out the facts of] the case. — "Constant Reader" (Taumarunui): You should apply to the magistrate for separation and maintenance orders; — "Legal Question" (Gisborhe) : You can only prove m the bankruptcy for the debt. In the circumstances you should oppose the discharge except on condition that the creditors are paid a reasonable amount. — "Will" (Feilding) : No. — "D.H." (Dunedin) : Please forward question with your name attached. — "An Interested Farmer" (Waikanae) : Name and address are required.