INQUIRERS' CORNER

NZ Truth, Issue 1150, 15 December 1927, Page 18

INQUIRERS' CORNER

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WAGES AND PENSIONS Q.: "What Is the qualification for receivingl assistance under the Family Allowance Act? —"Interested" (Taumarimui). A.: The sum of 2/- per week will be paid in respect of each child in excess of two under the age of fifteen years, but so that the average weekly income from all sources of the family does not exceed the sum of £4 together with the sum of 2/- for each child in excess of two. Q.: I am in receipt of Permanent War Pension of 10/- per week.* Could you inform me as to whether it is possible to obtain from the Pension Department an advance on same or lump sum in settlement, as I am in need of ready cash? —"Hard Up" (Dune'din). A.: No. Such a pi-oceeding would defeat the whole idea of a pension. Q.: I am an invalid sixty years of age, with a boy eleven years of age dependant on me. I own no property. I have been in New Zealand 52 years. Am I entitled to a pension, and how much? —"Anxious" (Invercargill). A.: To become entitled to a pension at GO instead of the usual age of 65, you must.have at least two children dependent on you. Q.: Can a man who at 64 years gave all his savings for a £6O annuity, now, at 66, obtain part of the old age pension?—" Annuity" (Wellington). A.: Yes. He cannot be said to have deprived himself of his property in order to qualify for a pension as longr as the purchase of the annuity was bona fide. As he has nothing except the annuity'of £6O he will be entitled to a pension of £37 10s. per annum. COMPENSATION ____________— \ Q.: How long aftei* the date of a motor accident can I claim damages for injury received?-—"A.B." (Wellington). , " A.: Six years. ; MARRIAGE AND DIVORCE ( Q.: .Could you tell me of any book giving the list of the. marriage and divorce laws of New Zealand and Australia? (2) Can a husband take a child away from its mother in the event of a sepai-ation, the. wife's people being in good circumstances while he is not? — "Ignorant" (Rotorua). ; A.: (1) Copies of the Acts dealing with these matters may be obtained from the Government Printers of New Zealand and Australian >States at a small fee. (2) The wife could apply for a guardianship order, but in the ordinary course of events' the father is liable to custody. Q.: What steps would a man have to take to marry a girl aged 18 years whose parents are hot in this country, perhaps not living at all? "Anxious" (Kokotahi); A.: He should apply to the Supreme Court for per mi ss i on to marry her.

. f SIGN, PLEASE!j = ~ H I Readerg are. reminded | . I that in writing to " Truth'' | | all letters must be signed, I I and the writer's address | | given as well, not neces- I | sarily for publication but j | as a sign of good faith. | | There is only one place I 1 for unsigned letters—the I I Waste Paper Basket! | I If your query hasn't | I been answered don't get § | wild with us—you've pro- I | bably failed to add your | | signature. v -There have | g been several instances of 1 | this omission during the | 1 past few days. g I Next time, give it. i |

Q.: A boy aged 18 purchased a wireless set for £35. He is unable to keep up the payments. Can he return the set and thus avoid payment of the arrears due?— "Tini" (Marton). A.: Yea; th© contract is one made by an infant other than for necessaries, and is; therefore voidable at his option.

Q.: My husband obtained a decree nisi against me. several monthsago! but has not taken steps to have, the: decree made absolute. Am I entitled to re-marry (Auckland)

' A.: Noii You should yourself apply to 'have , the decree made, absolute. This is only a ; formality. You will then, be at liberty to re- marry. Q.: A widow contemplates marrying a son by former marriage of her late husband. Is such a marriage legal?— "Sunshine." • ' A.: Yea; Q.; Can you tell me the cheapest possible /way of getting a. divorce? There would be no defence.—"lnquirer" (Auckland).: . A.; If you have scarcely any money, you should apply to a barrister and obtain. his certificate that' the case should be'/ proceeded with in. forma pauperis. The-cost will then, be practically nil.; Q.: I aim desirous of obtaining a divorce from my wife on adultery, but I have not' the rnqneyi What would bo my best plans for obtaining one?— '.'Constant Reader" (Addington). A.:,As in last query., PROPERTY RIGHTS ' Q.: I recently purchased a property through an agent and was told.: that all that I would have to pay in addition to the price was stamp duty and £2/10/- for. the cost of transfer. The vendor subsequently employed a solicitor to" draw up . the transfer. His fees amounted to £3/3/- more than the amount above stated. Am I responsible for the payment of the extra sum?—" Worker" (Chriatchurch). ,A.: Not, if you can prove that the yendor's agent said no such fee was payable. His principal should make up the difference. S . . Q.: What constitutes a legal fence between two neighbors? Can a man be compelled to pay half for a 6-foot close - boarded, fence? '■— "Constant Reader" (Wanganui). !V A.; Any ' fenceragreed on by the parties is a sufficient fence. If they are unable -to agree, a ; maigstrate may order the erection of one of the numerous types of fences specified in the Fencing Act, 1908. This fence would be rather more elaborate than any specified in', the- schedule to the Act. • MORTGAGES. . : Q.: I leased a farm from "A" at £6O per annum, there being no memorandum of the transaction 'in writing. After some time' I was approached by "B," the first mortgagee, who told me that he had taken over the farm' for non-payment of interest. He instructed me to pay the rent to hlni in future. I did so, and have now been summoned by "A" for the rent. Can he succeed in his claim against me? —"A.R." (Invercargill). ■■ A.: On default every mortgage© can collect the rent of the mortgaged property. If the mortgagee has in fact exercised this power, payment to him will be a good discharge of your liability. Your correct course is to interplead and join the mortgagee as a party in the litigation. All questions at issue between him and the mortgagor can/then be settled in the one action.

Q.: Is a solicitor entitled to charge for taking particulars for a loan which he cannot obtain?—"R.E." (Millerton). A.: It is not usual to make such a charge. :. Q.: Is there a special Assessment Court of some description at the present time hearing odd cases of protest against present valuations? —"Anxious" (Feildirig). A.: There is no special court. Ordinarily the Assessment Court only sits to hear objections on the revaluation of a district. But under Section 12 of the Valuation of Land Act the Val*er-General may at any time alter a valuation subject to > objection by the owner, and this involves a special sitting of the Assessment Court. Whenever an owner dies there is a revaluation for death duty purposes, but objections to such revaluations are decided in the Magistrate's Court. There is no general right .to the owner to have ,a valuation reviewed at any time oh application. Q.: What is the present rate of land :tax—"Anxious" (Feilding). A.: Where the unimproved value on which land tax is payable does not exceed £IOOO, Id. .for every £. Where the value exceeds £IOOO the rate is Id. in. the £ increased'by one twenty thousandth of a penny f<Sr every £1 in excess of £IOOO. In each case from the land tax as so computed there is deducted 5 per cent. .Q.: If a man is proved innocent and acquitted can he be charged with the same crime 'again?—'' Constant Reader" (Timaru). A.: No. There is a case on record where a murderer;' on being acquitted of the crime, informed the. court that he had committed the murder. He had to be allowed to go free, because the law v has no machinery whereby to re-try him. Q.: (1) Is it a crime for a man to take a girl aged 17% for week-end trips against the w.ishes of her parents? (2) Can a'man i apply for a magistrate's consent to the marriage of a girl of 17 against the wishes of her parents?—"Orangimea" (Napier). A.: (1) It is not ordinarily a crime, but it is an imprudent thing to do. If the girl consents you cannot, of course, be convicted of the ordinary crime of abduction, but it is a crime punishable with long imprisonment to take a girl even if she consents against the wishes of her parents if it is done from motives of lucre and with intent to bring about marriage or for immoral purposes. To found'this charge is it not necessary to show that the girl herself has money—it is sufficient to show that she is next of kin to someone who has.. (2) The application must be made to a judge, but a Bill to give magistrates jurisdiction is now before I Parliament. Q.: While I was under the guardianship of my mother, she took me to a doctor for treatment. The doctor's fees were not paid and I subsequentiy reached my majority and was married. Can the doctor claim his fees from me! or from my husband?—" Anxious" (Dunedin), I A.:. No. Your mother is liable for patyinentv ;

HOUSING AND RATES , Q.: (1) I am in ai*rears with rent; can landlord put bailiff in and. claim furniture insured wife's name? (2) Has bailiff to wait until door is open before he can enter? (3) Whose permission must a bailiff produce before he can enter house?—" Constant Reader" (Te Aroha). > A- (1) If it is your furniture, he may. (2) He cannot break in. (3) The landlord. GENERAL Q.: s l. Is an unpaid call recoverable by law in a no liability company, gold mining- company or otherwise. 2. Do there still exist all of the three following companies, viz. Full Liability, No Liability'and Limited according to law?—-"lnquirer" (Fonsonby). A.: (1) No. There is no contract on the part of the shareholder to pay. (2) Yes, but the first two are rarely heard of. Q.: I was employed as agent by a foreign firm to sell embroidery. This was warranted hand-made,' and I sold about £4OOO as such. . I subsequently discovered it was not hand-made, but I continued selling it for some time, accepting the explanation of the firm that as the machines that made it were hand controlled, they were justified in selling it as hand-made. After a while r gave up the agency. My customers discovered the fraud and now cease to do business with me in other lines. Can I claim damages from the Arm?—"A.B." (Palmerston North). A.: The damage is so remote that you would have little chance! of succeeding, especially since you continued to sell the goods after finding out that they were not really handmade. Q.: I appeared in court in answer to a judgment summons. The judgment creditor's solicitor failed to appear and the case was struck out. I lost a day's pay through attending the court. (1) Can another summons be issued? (2) Can I claim the day's pay from the 'Creditor's solicitor? (3) Who will stand the cost of a second judgment summons? "Summons" (Ohaupo). ' A.: (1) Yes. (2) No, you should have asked for your costs whew the case was called. (3) If no order is made the creditor will. Q.: I paid premiums for five years on a life insurance policy maturing in twenty-one years from the date, of • -. issue. I do not wish to continue payments. Can I withdraw what I have already paid i ii •? (Tariki). , A.: Not unless the terms of the policy expressly allow such withdrawal. It would hardly be worth while risking an action on the verbal representations of the agent,