INQUIRERS' CORNER

NZ Truth, Issue 1148, 1 December 1927, Page 18

INQUIRERS' CORNER

ISSSS2SSSSSS Conducted by "INTERPRETER/'ffiBHSSSSKS!—

Answers will be published as early as possible after receipt of questions and so far as possible In order of rotation of receipt. All letters must be written In Ink and be addressed "Interpreter" o/o "Truth," Manners Street, Wellington. While we take no responsibility for any answer given m these columns every endeavor will be made to see that they are absolutely correct. Answers to legal queries must be accepted merely as a guide as to whether or not It Is worth while going to the expense of placing matters Inquired about m the hands of A solicitor for further aotion. No replies oan be made by post. No anonymous Inquiries will bo answered, and inquiries of this nature will not be preserved. Frivolities and questions not of general Interest will not be answered.

MARRIAGE AND DIVORCE

SING AND RATES

Q.J My landlord refuses to stamp receipts for rent. What is the legal position m regard to this matter? — "Interested" (Oamaru). A.: He Is liable to a fine of £10 for each unstamped receipt given for an amount of £2 or over. You should refuse to accept unstamped receipts as they are inadmissible as evidence of the payment of rent.

WILL

Q.: The widow of a near relative died recently without mentioning me In the will. Have I any chance of claiming her property?— "lnquirer" (Hokitika).

A.: None whatever.

Q.: My father made his will m favor of my mother, who has subsequently died. Is it a fact that his property will go to us, his children, if no new will is made? Can the Public Trustee take the matter out of our lawyer's hands?— "M. and D." (Dunedin).

A.: If the will disposed of property to a person who is dead at the date of the testator's death, he will be deemed to have died intestate and his children will be entitled to the estate. The eldest child if of age will be entitled to letters of administration to the exclusion of the Public Trustee, but to avoid the necessity of having to find security your father should execute a new wilL

PROPERTY RIGHTS

Q.: Is It a fact that a neighbor need only contribute to the cost of a dividing fence if there is a building on the land? — "Constant Reader" (Palmerston North).

A.: This is not correct. If you serve a fencing notice and no counter-pro-posal is made you can proceed to erect the fence and then recover (half the cost from your neighbor.

Q.: I am the owner and occupier oi a house and section. The people next door v are renting the house m which they are living:. They- pull down and burn part of the dividing fence. Who

theTe^fction^f same? The tenant or the owner of the house, or do I have to pay part of cost? — "Mug" (Grey-

mouth)

A.: You can sue | the tenant for the | amount of dam- | age, but if the | tenant is unable | to pay, your only | course is to serve § a fencing notice I on the owner, m | which case you § will have to pay =

half.

Q.:. I have a 1 house upon which .Tniiimmimiiiiiiiiiiimiiiiiiimniiiimi there are two mortgages. I have kept up payments but find myself unable to meet the interest on either mortgage. As I can't carry on any further and don't wish to run into any 'more debt, can I let the ' mortgagees have the place and get out? — "Sweeper" (Auckland). A.: Tou can offer to transfer the place to the second mortgagee m settlement of the mortgage but he is not bound to accept the transfer and can hold you liable for future payments under the , mortgage. As you say you have an equity your best course is to try to sell.

Q.: I recently purchased land uijder the land transfer system and was given by the vendor a right of way over adjoining land, which was subsequently transferred by the vendor to another purchaser who refuses to recognize the right of way as it was not mentioned m the transfer to him. What. is the position m regard to the matter ?-— "Reader" (Auckland).

A.: The grant of right .of way is not effective against third , parties unless registered against the title to the land. You therefore have no claim to a right of way, over the land of the other purchaser. You do not allege that the .purchaser when he bought had notice of your right.

COMPENSATION

Q.: What compensation am I entitled to receive under the provisions of the Workers' . Compensation Act for the loss of the left forefinger? My wages are £3 per week.— "Comp." (Ashburtpn). ; * A.: 9/- per week. .

/if?i?B' AND" PENSIONS

Q.: I am an old age pensioner and urn engaged to be married to a la-Jy friend 'who owns a property subject to a mortgage. If the mortgagee sells up .and" 'there is a deficit can the mortgagee, have recourse to my property if the marriage comes off? — "Anxious" (Oamaru). ', . • . , A.: He can have no possible claim on your property.

Q.: How much old age pension is an old man of 75 entitled to receiving £6 17s. Government superannuation? —"Anxious" (Invercargill).

A. : None,

Q.: If a man is separated from his wife by court order, how long will he have to wait before he con obtain a divorce on the ground of failure to obey an order for restitution of conjugal rights? — "Inquirer" (Petone). A.: While the order for separation stands no order for, restitution of conjugal rights can be made.

Q.: Can a girl of twenty whose father is dead, marry without her mother's consent? — "Wondering" (Napier). A.: Not unless she obtains the consent of a judge.

GENERAL

Q.: Does an amateur touring theatrical company have to be registered?— "Artist" (Wellington). ,

A.: No, but permission to run entertainments must be received from the Amusement Tax authorities.

Q.:. Plans prepared by a registered architect were deposited with the local borough council and a building permit was Issued. Subsequently it was discovered that the. building did not comply with the requirements of the by-lawa and alterations oosting £150 were deemed necessary. (1) Has the council power to insist on such alterations after the issue of a permit? (2) If it has, have I a cause of action against the architect for the loss entailed?^ — "Draughtsman" (Woodville).

A.: (1) According to Its own building by-laws It has such power. (2) The architect should have known the local building by-laws and his failure to comply with them is prima facie proof of negligence.

Q.: Does the fact that a Cabinet Minister is interested m a certain motor company prevent the letting of a mail contract to that company? — "Interested" (Gisborne).

No.

Q.: If a young unmarried woman between thirty and forty years of age leaves a good home, parents and position m New Zealand against her parents' wish, and goes to Australia, where she practically has no friends, and peril ap s eventually becomes stranded m that country, through want of employment o r sickness, what is the moral and legal liability (if any) of her parents? — "Reader" (Christcliurch). A.: Parents cannot be expected to assume any responsibility for a person thirty years of age. They have n o power to force

her

to return,

They would only become liable for her support if an order of the court was made under legislation similar to the Destitute Persons Act, 1910.

LEGAL

Q.*. If I get a magistrate's decision against' a man who owes me a sum of money and who intends going to Australia soon, can I have him detained when he goes on board the boat if he fails to pay me before leaving? — "Anxious" (Wellington).

A.: Not if you mean that you have already obtained the judgment. The power to have a defendant about to abscond with intent to evade payment arrested can only be exercised m the interval between issuing the summons and the entry of judgment. The object of the procedure is to hold the defendant to bail pending entry of judgment. Once judgment is given the defendant must be liberated, if he has not previously been liberated on bail. Once judgment" has been given the remedy of the plaintiff if he finds the defendant is about to leave is to apply for immediate execution, but that does not include arresting the defendant.

Q.: (1) About ten years ago I acquired a property and placed it m my wife's name. I am now faced with bankruptcy. Will the property be available to my creditors? (2) If all the creditors but one agree to a compromise, , can the one creditor insist on payment m full? (3). If I am unable to pay the dividend agreed on, can my creditors seize my stock of groceries? T-"Nabob" (Hawera). -,

A.: >(1) The Bankruptcy Act, 1908, provides that voluntary transfers of property within three years of bankruptcy are void as against the official assignee. This transfer, being executed more than three year's ago would, however, not be affected. (2) This will depend on what act of bankruptcy the dissenting creditor has available. If the only act of bankruptcy is the execution by you of the private assignment,' then the Supreme Court has jurisdiction to order the assignment to stand m which case the creditor for his own protection must join or give up any claim to the assets. (3) They can make you bantfrupt, m which case all your property will vest m the official assignee.