INQUIRERS' CORNER

NZ Truth, Issue 1142, 20 October 1927, Page 16

INQUIRERS' CORNER

Conducted by "INTERPRETER."!

II Answers will be published as early as possible after reeei pt . of §| 11 questions and so far as possible in order of rotation /^e'pt. gg II All letters must be written in ink and be addressed "Interpreter y ll c/o 'Truth," Manners Street, Wellington. While we take no re- if II sponsibility for any answer given in these coumna every en- |fi II deavor will be made to see that they are absolutely correct. 5| II Answers to legal queries must be accepted merely as a p II guide as to whether or not it is worth while going to the ex- f | 11 pense of placing matters inquired about in the hands of a li solicitor for further action. ... II li No replies can be made by post. No anonymous inquiries .y 11 will be answered, and inquiries of this nature will not be pre- || II served. Frivolities and questions not of general interest will |§ If . not be answered. Jfe f§ 1 5™mmr»« ra nK»™«»«n m nml«»«uus«B™^^

MARRIAGE AND DIVORCE Q.: I sued my wife for divorce on the ground that when I married her she was already married to someone then alive, but I lost the case. Am I liable for her maintenance? — "Badly Treated" (Woolston). A.: Until the marriage is dissolved you are liable to pay. If a wife is destitute it has been held that the husband must pay her maintenance even although she is guilty of adultery. Qi. My husband deserted me and left New Zealand. Can I obtain a divorce without locating his whereabouts? What would be the cost of so doing? — "Destitute" (Hamilton). Al: "When three years have elapsed you can petition for your divorce. You may obtain a decree without locating your husband, but these must be some form of substitute of service such as advertising. The cost would be about £20-£3O. PROPERTY RIGHTS Q.: Is there a law compelling a neighbor to clear spreading gorse from his side of a fence, so as to prevent seed from spreading on to his neighbor's property? — "Fair Play" (Wanganui). A.: Gorse is a noxious weed and must be cleared off all property. Q.: I recently placed my property in the hands of land agents for sale. One of the agents brought me into contact with a person who was willing to effect an exchange. Can I now withdraw the property from the agents and carry out the transfer privately? — "Constant Reader" (Wanganui). A.: You will be liable for the payment of commission however long the sale is delayed. COMPENSATION Q.: A tllemaker works with cement with the result that his hands are constantly raw. Should the firm supply him with gloves and are they liable if be is off with bad hands? — "Constant Reader" (Invercargill). A.: They are not bound to supply gloves. As to whether he has a claim for compensation in the event of incapacity depends on the circumstances. Merely becoming ill as a result of the employment is not sufficient unless the illness is one of the diseases specified in section 10 of the Workers' Compensation Act. There must b e something in the nature of an accident. • Q.: Is it necessary for miners to attach stamps to receipts for compensation money above £2? — "Waikato" (Huntly). A.: This is a matter that is not free from doubt. Under the Stamp Act all receipts for wages and salary are exempt from stamp duty. In the case of compensation the weekly payment is a proportion of the weekly wages, but nevertheless compensation can hardly be regarded . as equivalent to wages, and if paid in a lump sum the resemblance is still less. It is safer, therefore, to affix the stamp.

WILLS Q.: Is it necessary for a wife to make a will if she has less than £50 ?— "Constant Reader" (Springfield). A.: It is always necessary to make a will if it is desired that the property Bhould go otherwise than it would in the case of intestacy.' MORTGAGES. Q.: I bought a property 12 months ago and paid over to the mortgagee's solicitor my share of rates. I now find that these rates and previous arrears are still unpaid. What is my remedy? — "Anxious Reader" (Christchurch). A.: Tou have a right of action against your vendor to compel him to refund. If for any reason the amount cannot be recovered the solicitor who acted for you on the purchase is prima facie liable. The onus is on him to show that he acted with all ordinary care. ( Q'.: I bought a farm, but owing to bad times had to give it up. Can the mortgagee under an ordinary mortgage enter on the property and take possession? — "Evicted" (Hawkes Bay). A.: Every mortgagee has the right on default to enter into possession, either of the property or of the rents and profits, but owing to the strict manner in which accounts are taken against a mortgagee in possession, this course is usually taken only as a last resort.

WAGES AND PENSIONS Q.: To get the full pension Js one allowed to own a house, and what money in the bank? — "Constant Reader" (Ponsonby). A.: If the house is used as a home its value, whatever the amount, is not taken into account as accumulated property, but profit from sub-letting must be accounted for as income. As to money the full pension is diminished by £1 for every complete £10 in excess of £50. The £50 exemption is in addition to the exemption of home, furniture, insurance money, etc. LEGAL Q.: My husband hired a car for one night. While he was driving a tyre blew out, upsetting the vehicle. Is he responsible for the damage done? — "Careful" (Geraldine). A.: Not unless the accident was due to his negligence. Q.: I left scissors to be sharpened by a certain firm. On calling for them I was informed that they had been given to another person by mistake. What is my .remedy? — "Scissors" (Invercargill). '" A.: You are entitled to receive scissors of equal value and of the same size and description or else the value of them. The firm would have to pay the costs of any successful action against them. Q.: The smoke from my neighbors' chimneys is damaging the paint of my house. Have I any remedy? — "Smoked Out" (Wellington). A.: In all probability you would not succeed in an action against them. The .smoke nuisance within limits is a penalty of living in a town. Q.: As I have a very ugly name, can I have it legally changed, and how? — "Regular Reader" (Frankton). A.: Instruct a solicitor to draw up a deed, and file it in the Supreme Court. It is usual also to advertise the change in the local newspaper. Q.: I booked a passage by a certain bus service. The trip was not made owing to a breakdown with the result that I missed an important engagement. Have I any remedy? — "Inquirer" (Levin). A.: Even if it is proved that the bus proprietor was guilty of negligence in failing to make the run, the fact that you suffered loss through missing a n appointment would not be a reasonable and probable result of the omission and the damage would be so remote that you could not claim in respect of it. Q.: I look after an old age pensioner who has sufficient money to. pay only his funeral expenses. This money is in the Post Oflice Savings Bank. Will I be able to utilise it for this „„„,„„„„„„„„„„„„„„„„„„„„„, purpose despite the fact that he has made no will? — "Inquirer" (Newtown). A.: The money will be applied to the payment of funeral expenses whether a will is made or not, but as you are not of kin to the pensioner you will not be able to draw it unless he executes a will and appoints you executor.

GENERAL Q.: I am nearly 19 years of age, in a good position, and earning enough to keep myself. My mother intends to go to Australia. Can she compel me to go with her? — "Worried One" (Auckland). A.: If you are leading a respectable life she has no power to take you to Australia. Q.: "What steps should be taken to have a mentally deficient relative committed to a mental hospital? — "Constant Reader" (Whakatane). A.: An application should be made to a magistrate to have him committed to the Asylum on the certificate of two medical practitioners. Q.: After a term of apprenticeship had expireoAhe father agreed that the apprentice snould work for the master for a further year. The master, however, dispensed with the apprentice's services before the year was up. Was he entitled so to do? — "Anon" (Dannevirke). A.: No. He is bound by his agreement to employ the ex-apprentice for the year. Q.: I discovered an open boat adrift. I recovered it. Am I entitled to the boat? — "Inquirer" (Invercargill). A.: Not as owner, but you have a lien over it as salvor for salvage and are not boujid to give up possession unless the amount is either paid or secured.