INQUIRERS' CORNER

NZ Truth, Issue 1152, 29 December 1927, Page 16

INQUIRERS' CORNER

IpSll!!!!! 1 :!!!:!::!:::!!!,:!!™:!!!!: Conducted by I MNTERPRETER. l ' 1 S;:!ZiSm""!!:!:"::::S!l!m^ if Answers will be published as early as possible after receipt of =\ if questions and so far as possible in order of rotation of receipt. \\ II All letters must be written in ink and be addressed "Interpreter" |[ || c/o "Truth," Manners Street, Wellington. While we take no re- || \\ sponsibility for any answer given in these columns every tn- || if deavor will be made to see that they are absolutely correct. i| \\ Answers to legal queries must be accepted merely as a \\ II guide as to whether or not it. is worth while going to the ex- || i| pense of placing matters inquired about in the hands of a |1 |i solicitor for further action. \\ \\ No replies can be made by post. No anonymous inquiries 11 || will be answered, and inquiries of this nature will not be pre- if || served. Frivolities and questions not of general interest will li |i not be answered. || 1 " 1111 "" 111 """"""""""""" 1 """ 1 ""' 111 """" 111 "" 1 " 11 """ miiuiiimumiimmmimiiiiiiumimimimmimiiimimimim tin Hi Mtnininiuiiniiuinniiiiuiiiiniiiuimiiinuiiiiiiniaiuiiiimuiiriiitiniiuiiiiitiiiiiiiiiiiiiiiiriiiiiinuiiuiiiiriiiiuuii inn iiiiiiiiniiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiliiiiiiiiuiuimilliiiiiuiiuut.i

WAGES AND PENSIONS Q.: Has the foreman of an unemployed relief work power to sign the name of a workman for his wages when uplifting the money to pay the men? If he signs and retains part of the wages who is liable? If the worker knowingly signs for more than is due but does 1 not receive it, what is his position? — "C.W." (New Plymouth). A.: The foreman cannot, sign for the worker unless expressly authorized by the latter. If the foreman has been dishonest, the loss will fall on th« party whose agent he was — i.e., if the employers have left the' payment of the wages in the hands of the foreman, they will have to make good the shortage. It Is hardly worth the worker's while to deny receiving the amount signed for; the other party to the fraud is bound to corroborate the receipt. Q.: I am separated from my wife. Recently I obtained employment under the Government relief works scheme as a married man, part of my wages being paid to my wife. Can I recover the amount drawn by her, as she is well, able to look after herself? — "Inquirer" (Waikawa). A.: No; the extra amount paid to married men is intended for the wife. BANKRUPTCY Q.: (1) What must I do to obtain my discharge from bankruptcy. (2) I was adjudged bankrupt in Christchurch. Must I go there to obtain my discharge? (3) How much notice of objection on the part of a creditor will I have? (4) Are any fees payable by { me?— "Plumber" (Wellington). A.: (1) Make application to the Supreme Court for an order of discharge and serve the creditors with notice; also insert notice by advertisement. (2) Yes, you must submit to examination by the court and creditors if necessary. However; it Is not often that an applicant is examined so that you can appear by a solicitor, but if your evidence is required the application will have to be adjourned. (3) The creditors are entitled to object without notice. (4) Yes, certain fees are prescribed. It is usual to employ a solicitor. MORTGAGES. Q.: The trustees under a will are administering a piece of land subject to a mortgage. Recently they rearranged the mortgage, signing a new mortgage. What is the liability of the trustees who signed the new mortgage? — "Subscriber" (Taumarunui). A.: If they signed the new mortgage in their personal names they will be liable for the full

amount of the mortgage whether or not there are sufficient assets in the estate to

indemnify them. They should have made it plain in the mortgage that they were signing as trustees only and negativing any personal liability. In that case they will be only liable to the extent of the available assets. Q.: (a) To secure . a loan I gave a second mortgage and a collateral bill of sale over my assets to the same man. la he

entitled to trans- suiiimiiiiiiiiiiiimmiMiiiimmiiiiiiiiii fer the mortgage to another without consideration and still retain the bill of sale? Can the transferee recover the amount of the second mortgage from me when it falls due? (b) If a man lives apart from his wife, there being no separation or guardianship order, and maintains his children, in the event of his being imprisoned could his wife claim the custody of the children and obtain a maintenance order for them? (c) I have repaid the amount owing under the bill of sale. Am I entitled to have the deed handed over?— "H.S.W." (New Plymouth). A.: (a) Despite the lack of consideration, the transfer is quite valid provided it is made in the prescribed form. The transferee has all the rights possessed by the original mortgagee, but the securities are on their face collateral and you cannot be compelled to pay either without having I both released and surrendered. (*>) In all probability she would be able to do so. (c) Yes. Q.: What would be the cost of obtaining a second mortgage for £75, no valuation being required ?— "Harbor Light" (Auckland). A.: Approximately £6 3s. Sd. MARRIAGE AND DIVORCE t Q.: How does a divorced person about to remarry fill in the marriage license. What name does she take? Married or single? — "Urgent" (Auckland). A.: Married. Q.: I have been living with a man as his -wife for many years. We now wish to get married. Would the fact that I have used his name cause any difficulty in obtaining a certificate? — "Inquirer" (Wellington). A.: No. You would marry in your correct name. The fact that you had used the other would be of no effect. WILLS Q.: Where can I obtain a copy of the will of a man who died many years ago in England?— "Old Reader" (Palmerston North). A.'. The best chance you would have would be to apply to his solicitors if you know who they were. COMPENSATION Q.: (1) While employed as an apprentice I received an injury which necessitated medical attention. I am how working for another firm and have been again laid up with tho same injury from which I never recovered. Can I claim compensation from cither firm? (2) Can I claim damages from the doctor who failed to set my wrist correctly? (3) I am insured under a policy maturing when lam 21. Would it be possible for my father to receive the money when I reached 'In at age? (4) I am at present laid up and unable to work. My father hat; »rdered me out of the house. Would La be liable for the payment of medical expenses which I cannot meet? I am 17 years old. (5) I lent a sum of money for whioh I received no receipt. Can I reclaim the amount if I can prove that it was lent?— "Unlucky" (Hawera).

A.: (1) The first firm is the one to claim against. It must be remembered, however, that claims under the workers' Compensation Act must be commenced within six months of the date of the injury. (2) If you can prove want of skill you may. (3) Not

PROPERTY RIGHTS Q.: I am the lessee of certain premises, the roof of which is defective. The landlord Is unwilling to repair Jt. Can I compel him to do so? — "Veritas" (Christchurch). A.: If the lease contains the usual repair clause, the owner will be obliged to repair only if the damage is due to fair wear and tear. If you have yourself damaged it, the liability will be on you. HOUSING AND RATES Q.: I rented a flat at 25/- per week (paid in advance), and I gave 24 hours' notice to leave, four days before my week was up. Can the owner claim a week's notice or another 26/- in lieu? — "Pommey" (Kilbirnie). A.: In the case of weekly tenancies it has recently been held that the notice must expire on a weekly day of the tenancy. The landlord was entitled really to 11 days' notice at the time you gave him the 24 hours' notice. The fact that rent is paid in advance does not affect the question of notice. Q.: I let a house under a t waekly tenancy for 35/- per week, collect the rent every fortnight and give separate receipts for each week. Is stamp dutypayable on these receipts? — "Undecided" (Mt. Eden). A.: At least two magistrates have decided that you are permitted to sever the receipts and so escape the stamp. What the Stamp Act penalises is giving split receipts with the intent to avoid payment of the duty. You give the separate receipts because they are in part payments for separate weeks. LEGAL Q.: What would be the solicitor's fees for an agreement for sale and purchase of a property worth £600? — "Anxious" (Auckland). A.: Purchaser's solicitor, £8/18/-; vendor's solicitor, £1/17/6. All disbursements would be also payable. Q.: When I was suing my husband for failure to pay maintenance moneys his solicitor stated in court that I was living with another man, which charge is quite without foundation. Can I sue the solicitor?— "M.M." (Wellington). A.: You have absolutely no remedy except to complain to the magistrate. The solicitor has no right to make statements that cannot be supported by evidence, but nevertheless any remarks he makes in court are absolutely privileged. Q.: Some nine years ago I obtained judgment in the Supreme Court for the sum of £600.

The debtor disappeared and I have not obtained the money. For how long after the date of judgment is payment enforceable? — "Anxious" (Hastings). A.: In general the period is twenty years. Where, however, the debtor has placed himself and his property outside the jurisdiction of the court, the period of twenty years will not begin to run until you are able to locate him. After six years application must be made to the

leave to issue execution. Q.: I lent £60 to a married woman in order that she might purchase a piano. She promised that she would give me a bill of sale over the piano, but she has not done so. Can I seize the piano for non-payment of the sum? — "Constant Header" (Westport). A.: No. If she is willing to execute a bill of sale you should get a solicitor to draw one up. You would then be protected. You can. also sue for the amount and seize the piano under the judgment as it is her separate property. 6.ENERAL Q.: My son, aged 9, attending a public school, was guilty of a breach of the school regulations. He told the teacher all about it. She reported to the Education Board, who have expelled him. Have I any right of appeal? — "Inquirer" (Tasman). A.: If you have correctly set out the facts connected with the offence, the boy's conduct can hardly be said to amount to "gross misconduct" justifying expulsion within the meaning of Section 58 of the Education Act, 1914. Formerly the teacher had power to expel, and the parent was given a right of appeal, first to the committee and finally to the Board, but under the amending Act of 1926 the teacher must report the matter to the Board, which alone is given authority to expel children. The Board is directed to investigate the matter, and to have a proper investigation you should have been notified to attend and state the case on behalf of the child. If the Board decided the matter on the exparte report of the teacher alone, it is probable tliat in such an important matter the court would intervene. You should in the first place formally apply to the Board, stating the facts and that you desire to be heard and asking for a rehearing. Refusal by the Board will strengthen your chance of success in subsequent proceedings. REPLIES IN BRIEF "Ignprant One" (Wellington) : The only way to proceed is to apply for an injunction to the Supreme Court. — "J.N.S." (Te Kuiti) : Yes, but you may have a good counter-claim for damages for misrepresentation. — "Anxious" (Wellington): (1) Yes. (2) Provided he allows you the use of the gas at breakfast time he may. — "Inquirer" (Hastings): It is not necessary for a fresh petition to be served on you. You should get in touch with your j wife's solicitor and see what is going to be done. — "Inquirer" (Sunny Vale) : You should apply for compensation under the Workers' Compensation Act. — "Old Age" (Kamo): Owing to the amount of your wife's property, neither of you would.be entitled to an old age pension. — "Truth Reader" (Ashhurst): Write to the Officer in Charge, Naval Office, Wellington, and he will send you the particulars.