INQUIRERS' CORNER

NZ Truth, Issue 1151, 22 December 1927, Page 16

INQUIRERS' CORNER

pSKSSZS Conducted by "I NTERPRETER." Tl!!S!!!!!::m™::Si!:!"ilmm!l!mi"!""'i I Answers will be published as early as possible after receipt of || I questions and so far as possible m order of rotation of receipt. || 1 All letters must be written m ink and be addressed "Interpreter" =§ | c/o "Truth," Manners Street, Wellington. While we take no re- || |= sponsibility for any answer given m these columns every en- || |i deavor will be made to see that they are absolutely correct. || || . Answers to legal queries must be accepted merely as a || ff guide as to whether or not it is worth while going to the ex- || If pense of placing matters inquired about m the hands of a || If 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- if || served. Frivolities and questions not of general interest will If If not be answered. . |l

MARRIAGE AND DIVORCE

WAGES AND PENSIONS

Q.: In the event of a separation between a man and his wife, to whom would the presents given on the occasion of their marriage belong? — "Inquirer" (Longburn). A.: The most reasonable view is that the presents belong to them equally and each spouse would be entitled to half on separating. Q.: I have been living apart from my wife for the last two years and four months, and have good grounds for a divorce, but have not the money to go through with it. Is there any way I can get my divorce without going to the expense of paying a solicitor ? — "lnquirer" (Wellington) . A.: You should lay the facts before a barrister and ask him to give a certificate that you are entitled to proceed m forma pauperis. Q.: (1) Husband and wife are separated by mutual agreement, husband paying maintenance, m the event of either suing for divorce after 3 years would the court want to know the reason for separation? (2) If either party is seen going about with another person, is there any breach of separation and can husband or wife stop each other from doing so? — "Unlucky One" (Wanganui). A.: (1) If the ground of the divorce is three years' separation the reason for the separation is material as m defended cases the court has a discretion to refuse a divorce at the suit of the party whose wrongful conduct has brought about the separation. (2) The mere fact of being seen going about with someone else is not sufficient to affect the rights of either party under the separation.

PROPERTY RIGHTS

Q.: (1) My neighbor and I each erected half the dividing fence. My portion is on the wrong line and is on my land. If I erect another on the correct line, to whom will the first portion belong? (2) What is a sufficient post and wire fence? (3) What steps should be taken to compel my neighbor to pi an t a live hedge? (4) If I assert that the present fence is on the correct line, would I have to pay half the expenses of having it surveyed? (5) How close to the boundary can I plant a hedge, there being a fence on the b o undary? — "Rose" (Stratford)

A.: (1) It will be yours. (2) Seven wires. Post of durable iron or wood not more than 9ft. apart. Top wire not loss than 3ft. Din. from the ground. Wires not lighter than No. 8. Space between three bottom wires and between bottom wire and ground not more than sin. (3) If you have a wire fence you cannot compel him to plant a live fence. (4) The party who was wrong would have to pay. (5) The Fencing Act provides that you are not to plant trees or gorse "on or alongside" .any boundary fence or line without the concent of the adjoining- owner, Penalty fine not exceeding £20. Otherwise there appears to be no restriction. Q.: During a recent storm the fence between my property and the Wellington Town Belt was blown down. Can I compel the city council to pay 'half the cost of repairing it? — "Reader" (Wellington).

A.: Yes. The Town Belt is a public reserve vested m the city council and . the council is thus an "occupier" as denned m the Fencing Act, Section 2, and as such, liable under Section 11 to contribute half the costs of repairs. If the part of the town belt is leased you will also have an additional right against the lessee to contribute.

MORTGAGES

Q.: Is it a fact that a mortgage repayment of which is some years overdue, ceases to be a security for the repayment of the debt? In the event of the bankruptcy of the mortgagor will the mortgagee have to rank as an ordinary creditor? — "Custodian" (Greytown). A.: No. ■ The security remains until the amount is repaid — always provided that the mortgagee does not allow the debt to become barred by the Statute of Limitation. The period of limitation is 20 years from the last payment under the mortgage. Bankruptcy of the mortgagor whether or not the mortgage is renewed cannot affect the mortgagee's security.

Q.: I was employed by a local body as a skilled workman receiving wages £5/4/- per -week, from which was deducted superannuation under the National Provident Fund. I am now reduced to laboring at laborer's wages. Can the local body deduct the same amount of superannuation ?-— "J.J." (Miramar). A.: In the ordinary course of events, the amount of superannuation deducted would be a certain percentage of the total wages and would therefore decrease as the wages decrease. This local authority may, however, have some other system of deduction.

COMPENSATION

Q.: I received compensation for an injury, which I recently found to be of a more serious nature than I had believed it to be, so that the compensation paid is less than the amount to which I am entitled. Can I claim the extra amount? — "Enquirer" (Hastings). A.: Tes.

G.ENERAL

Q.: Is it compulsory for a child attending a public school to submit to medical examination by the Education Department doctors? — "Huia" (Mangaweka). A.: Yes. Failure to comply "with their recommendations may result m your being prosecuted for cruelty to the child. But m your case as you consulted the local doctor m terms of the notice there was nothing more for you to do.

Q.: Does a winner of a large prize In Tattersall's have to pay New Zealand Income tax for the year ending March, 31, 1028, or on the interest earned from now to March 31, 1928, or only on Interest earned after March 31, 1928? — "Bet" (Waipukurau). A.: It has been expressly held m England that income from betting and sweeps is not income within the meaning of the Income Tax Statutes and the same rule applies m New Zealand. The prizes are not the income of a buainess. But although the prize itself is not income, interest from the investment of the prize is assessable whether earned before or after March 31, 1928. Q.: My father by his will left a property to my mother for her life and her death to me. Both my parents are now dead. How can the property b c transferred into my name? Can other members of our family put m a claim? — "Fair Play" (Gisborne). A.: If at the time of your father's death the will was, as you say, duly proved and probate registered against the title nothing further need be done except possibly to register notice of your mother's death on the title. You should employ a solicitor to search the title. As m all cases it is open to any of your brothers and sisters if they are prepared to prove that adequate provision was not made m the will for their proper maintenance and support to petition for an allowance under the Family Protection Act.

Q.: Two partners each put m £1500 into a business and subsequently formed the business into a private company. After carrying on for some years the business has been put into liquidation and can only pay 15/- m the £1. Can the partners put m claims to the liquidator for the moneys put into the business? — "Perplexed" (Hastings). A.: No. They can only divide any surplus after the creditors are paid m full.

Q.: A boy, 17% years old, is illtreated at home. He is earning £1 per week m a stable. Is he entitled to leave home and live by himself? — "G.M." (Hastings). A.: His earnings would scarcely warrant his leaving home at present. His parents would probably have good ground for compelling his return if his wages were no more than £1.

Q.: I am travelling about the country attending to motor-cars at their owners' own residences. Must I belong to any union to do this? — "Interested" (Rakaia).

A.: No. Where a man is working for himself he has no need to join a union. You are quite within your rights m this matter.