INQUIRERS' CORNER

NZ Truth, Issue 1143, 27 October 1927, Page 16

INQUIRERS' CORNER

jpSSTSSSSiiSSSSS Cendueted by "INTERPRETER." l S!=£sSS=i=S|jj il Answers will be published as early as possible after receipt of || |1 questions and so far as possible m order of rotation of receipt. i| fl All letters must be written m ink and be addressed "Interpreter" || II c/o "Truth," Manners Street, Wellington. While we take no re- || if sponsibility for any answer given m these columns every en- =| II deavor will be made to 6ee that they are absolutely correct. *f II Answers to legal queries must be accepted merely as a || || guide as to whether or not It is worth while going to the ex- || II pense of placing matters inquired about m the hands of a || || solicitor for further action. _ # ||. If No replies can be made by post. No anonymous inquiries || If will be answered, and inquiries of this nature will not be pre- || H served. Frivolities and questions not of general interest will || ii not be answered. |i i§ . |I I'muiHHimuiMMiMMMmminmimMniMiiHimuimimiiinmmniiiMHinmMiMOfl^^

WAGES AND PENSIONS Q.: I have been keeping house for an elderly lady with a little property, but she has paid me no wages for two years. How much can I claim if I remain with her to the end? — "J.H.D." (Dannevirke). A.: The rule of law is that all claims against deceased estates must be corroborated. If, therefore, you cannot obtain payment get a signed acknowledgment of the debt. Otherwise you will probably get nothing. Claims for such arrears are regarded with suspici. n. Q.: If an old age pensioner is m a hospital can the Hospital Board claim the whole of the pension to the exclusion of others having ' claims? — "74 Years Old" (Auckland). A.: Yes, under section 66 of the Pensions Act. COMPENSATION Q.: A man while serving a term of imprisonment and employed on road construction received an injury to his hand and lost several fingers. If he is not entitled to compensation, why not? — "Vortex" (Devonport). A.: He is a worker no doubt, but not as defined m the Workers' Compensation Act, which moreover excludes from its benefits many classes of honest workers. MARRIAGE AND DIVORCE Q.: Can I obtain a divorce from my wife? She deserted me m England 15 years ago and I have been m New Zealand 14 years. I do not know her whereabouts. — "J.W." (Cambridge) . A.: The law of New Zealand applies not of England and you can sue here. Substituted service by advertisement or otherwise will be allowed. MAINTENANCE

Q.: A mother deserted her husband and infant children 17 years ago. The husband is now an invalid and being maintained by his sons. Can the mother now claim support from the sons? — "Anxious " (Wadestown).

A.: If she is destitute she can. Good moral character is not a condition to the right to support. The policy of the Destitute Persons Act is that the relatives must pay m every case rather than the public.

Q.: When an old couple are destitute and have a married son m a good permanent position, and two married daughters, who is responsible for their keep by law, the son or the daughters, or are the sons-in-law held responsible?— "V.H.8." (Lyall Bay). A.: The son and the daughters are near relatives under the Destitute Persons Act and as such are liable to contribute m such shares as a magistrate shall determine. The sons-in-law are under no liability.

MORTGAGES. Q.: I bought a £1400 house, paying £400 cash and signing two mortgages for the balance. Being unable to keep up payments I abandoned the house and notified the mortgagees, who have let the place. Can I now be sued, notwithstanding abandonment and my furniture sold?— "X" (Reefton). A.: Yes. Unless you can sell at a price to clear both moi-tgages your only means of extinguishing liability is to go bankrupt. BANKRUPTCY Q.: In a private company 3 members hold 700 shares and the managing director and . his wife hold between [them 800. The company is bankrupt. '.The manager refuses to call meetings or to show the books or to disclose the salary he is drawing. What is the remedy of the minority? — "Ignoramus" (Sydenham). A.: If the articles provide for one vote for one share, it is useless for the minority to look to the company for redress as they will be outvoted. Application should be made to the court to order the winding-up of the company and the appointment of a liquidator. If the facts are as stated there, will be no doubt as to the order being made. The fact that one of the minority working for the company holds shares is" no justification for paying less than award wages.

ACTION FOR DAMAGES | Q.: I purchased a Government | leasehold some years ago and | now find that the improvements § were misrepresented to me and = also the Land Board by several | thousands. What remedy have h I, and also the board? — "In- | quirer" (Waipawa). 1 A.: If you can prove the facts | your only remedy is to bring an | action against the vendor claim- § ing the amount of your loss as | damages for fraud. It is not | clear that the Land Board = would take any action except | possibly for false declaration, | but that would not benefit you | pecuniarily. | iiiiiiimimmiiimtiiiiiiiiiimimiiiiiiiiiiiMiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiir

PROPERTY RIGHTS Q.: Can I claim a section as my own? I have occupied it for 9 years and have cleared it of gorse and fenced it. No title deeds can be found. — "Anxious" (Mosgriel). A.: The facts stated do not constitute a title. Your only claim is possession and you must surrender to the true owner on demand. LEGAL Q.: How long after it falls due may a debt be recovered through the Court. — "Wondering" (Dunedin.) A.: Six years m the case of a simple debt, twenty years m the case of a debt evidenced by deed. Q.: I got a ride from a motor-car owner and was seriously hurt m an accident. Have I a claim against the owner? — "A.8." (Invercargill). A.: Only if you can prove him guilty of negligence. Q.: I recently took out a motorcycle for a trial run with a view to purchasing It. During the course of the trial the cycle broke down. Am I responsible for the cost of repairs? — "Cyclist" (Denniston). A.: You are not liable unless the vendor can show that you were guilty of negligence. Q: Am I responsible for debts that were contracted before my husband's death? — "Curious" (Hastings). A.: You will be responsible for debts contracted by you m your own name, but not for those contracted m the name of your husband, except to the extent that you have benefited from the estate.

Q.: A Maori lady contracted a debt with me for which I obtained a judgment. I know that she receives rent twice yearly. Can I obtain an attachment on her next rent moneys? — "Inland" (Taihape). A.: As the Maori could not herself valldly dispose of the rent by way of anticipation, so by section 423 you are precluded from taking the rent by any form of judicial ' process whatever. This prohibition does ,not apply after the money actually reaches the native's hands. Q.: Is it necessary for the father of an illegitimate child to consent to the adoption of the child? — "Anxious" (Wanganui). A.: No. The child is m law filius nullius, but some magistrates ask for the consent of the father if he has been legally adjudged the putative parent.

Q.: I consented to my husband being committed to a mental hospital. He was not very bad, but the doctor thought he ought to go away for a month. When the month was up they shifted him to observation wards for another month. His time is up and they refuse to release him although he is quite well. Have I a legal right to have him released or must I wait the pleasure of the medical superintendent? — "Anxious" (Kaikoura). A.: The person to decide is a judge of the Supreme Court who can be approached by the proper application under the Mental Defectives Act. At the same time your husband has only been detained two months and premature release may prejudice his recovery. The hospital authorities are experts and it will not be assumed that they are acting otherwise than m your husband's best interests. Q.: I was recently approached by a canvasser for a flax development company who persuaded me to purchase a bond for £25. I paid £1 deposit m order to get rid of the man, intending to make default m subsequent payments, when I thought the matter would automatically drop. I have now been threatened with legal proceedings m respect of the arrears. Am I obliged to pay? — "Bond" (Gisborne). A.: The payment and acceptance of the deposit constitute a contract for the purchase of the bond and you are bound to carry out your obligations m respect of it. If you were m fact a shareholder the company can compel you to pay the full amount; if the transaction were a loan only, then you are liable for damages for not going on with it, the measure of damage being any loss to the company by having to raise the money elsewhere on more unfavorable terms.