INQUIRERS' CORNER

NZ Truth, Issue 1153, 5 January 1928, Page 16

INQUIRERS' CORNER

Conducted by "INTERPRETER." '!!

S3 ' . == || Answers will be published as early as possible after receipt oT || I| questions and so far as possible in order of rotation of receipt. || 11 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 in- || I = deavor will be made to see that they are absolutely correct. || || 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- |f If pense of placing matters inquired about in the hands of a jj| || solicitor for further action. If || No replies can be made by post. No anonymous inquiries || || . will be answered, and inquiries of this nature will not be pro- || II served. Frivolities and questions not of general interest will || H not be answered. || |^!OTi«MWnMiMnßmituiiilwan«uiHHiMU«mi«i»u»MintinpnuMW

MARRIAGE AND DIVORCE Q.: I obtained a divorce but I have never been able to locate my ex-hus-band? I have two children to support. Can I obtain any financial assistance from the Government? — "Mother" (Dunedin). A.: There Is no provision for assistance in such a case. You are not a widow for the purposes of the Pensions Act. Q.: (1) Can my mother obtain a divorce on the ground of three years' separation if that separation was by mutual consent and not a legal one? (2) What would be the approximate amount my mother would have to pay in the event of tier securing a divorce? (3) Does the consent of both parties have to be received before the above form of divorce can .be secured? (4) In the event of my father refusing to be divorced would there have to ensue a long divorce suit, etc.? — "M.H.G." (Te Aroha). A.: (1) Yes. (2) Her costs would be payable by her husband. They would be about £20- £3O. (3) No. Either party may petition for a divorce. (4) There is no such thing as a divorce by consent. The grounds for the divorce must be stated in open court, in every case. If the case is undefended there would be practically no publicity. It is very unlikely that a man would defend a petition on this ground. COMPENSATION Q.: After a certain accident I received compensation, including hospital fees, from my employer. I spent the money and the hospital board sued me for money due. Can they proceed with their case if I offer them 5/- per week? — "Reader" (Hamilton). A.: Under the circumstances, the board Is quite justified in pressing for payment in full. The question of weekly instalments can be gone into if they issue a judgment summons against you. MAINTENANCE Q.: (1) What is the cost of obtaining an affiliation order? (2) Can the father be made to report his movements to the police? (3) Can the father be made to pay all the costs of the birth and upbringing of an illegitimate child? — "Scum" (Waikato). A.: (1) There are. no costs on an application under the Destitute Persons Act, except the solicitor's fee. This in an undefended case is generally £2/2/-. This would be payable by the father. (2) No, but if he fails in his payments under a maintenance order, the police will arrest him. (3) He can be compelled to pay confinement expenses and maintenance not exceeding £1 per week until the child ■siiiiiiiiiiiiitiiiiiiiuitiiiiiiiuiiiiiiimitr reaches the age f of sixteen years. | Q.: Can my wife | who left me to | live with another | man, claim main- = tenance from me? § — "A.W." (Wei- | lington). § A.: Not unless | she is a destitute | person, i.e., un- I able to support | herself by her § own labor. You | are liable to pay | if otherwise she f will be a charge 1 on the public f funds. | Q.: A wife, | while still a = minor, signed a | deed of separa- | tion, whereby it ,f=, was provided that ,the husband should not be liable 'for the payment of maintenance, and that in the event of the wife becoming destitute, her mother would be liable for her support Is this deed valid?— "G.R." (Christchurch). A.: No. In the first place it is made by a minor and may be avoided on that ground. Again it is impossible for the husband and wife by an agreement inter se, to impose an obligation on the wife's mother. The wife could always ask for maintenance. LEGAL Q.: (1) Would the fact that an innocent man has been hung for a murder actually committed by another free that other from the usual consequences of his crime? (2) Could the relatives of the man who was executed claim compensation from the Government? — "Debate" (Te Kuha).. A.: (1) The man who actually committed the crime would remain liable to be hanged. (2) They would have no right to compensation, but it is possible that they would be allowed a compassionate allowance. Q.: (1) I was exiled from Western Samoa. Can I return niter five years? (2) Have I any claim on the Government for loss suffered to my plantation during my absence? I had leased a plantation for 10 years with compensation for improvements at end of term, but the lessor in my absence has relet the place. — "Ex-Digger" (Palmerston North). A.: (1) You may be exiled for any period not exceeding fifteen years. If you return before the term is finished you are liable to ten years' imprisonment. (2) No, but your exile will not preclude you bringing an action against the lessor for any damage you may have sustained by wrongful action on his part. Q.: (1) How should I proceed to copyright a song that I have written? (2) What would be the cost? — "Steel Guitar" (Wellington). A.: (1) Apply to the Registrar of Copyrights. (2) 2/6.

Q.: I leased a house and land from a man through a solicitor who acted as agent for the lessor. A third party claims the right to graze cows on the land, although this was not mentioned in the lease. What remedy have I? — "Worried" (Taumarunui). A.: If the lessor granted the third party the right to graze her cattle, you can claim damages from the lessor. If the third party is not so authorized you can impound the cattle. INSURANCE Q.^ Is a life insurance policy void if it is taken out by a father in his own name on the life of his child aged thirteen years ? — "lnsurance" (Wellington). A.: Tea. No policy shall be taken out by a parent on the life of a child aged more than 10 years at the time the policy is effected. \ Q.: My wife insured my life unknown to me. When I found out I discovered that the premiums would amount to almost twice the amount repayable. Can she allow the policy to lapse and recover the premiums paid? — "Worker" (Masterton). A.: You may discontinue payment but you cannot recover the amount already paid.

WAGES AND PENSIONS Q.: Is it absolutely necessary to produce a birth certificate in order to entitle one to receive the old age pension ? — "Pension" (Seatoun). A.: The certificate is the usual means of proving age, but if it cannot be obtained other evidence may be tendered. MORTGAGES Q.: I mortgaged my property for a small sum. Will there be any solicitor's fees on releasing the mortgage? — "Constant Reader" (Manawatu). A.: Yes, release fees are payable by you. HOUSING AND RATES Q.: I commenced a tenancy on a Wednesday and paid rent on that day. I gave notice on a Monday and left on the following Monday. Is- my landlady entitled to rent up till the following Wednesday? — "R.L.." (Auckland). A.: Yes. GENERAL Q.: I own a sheep farm and find dogs worrying my sheep. Do I have to notify owner of dogs before I can shoot them? (2) Am I entitled to shoot same' whether they have a collar on or not — "Constant Reader" (Neudorf). A.: (1) No. (2) Yea. Q.: A policeman milks three or four cows and sells the cream. Is this a breach of the regulations regarding employment in the civil service? — "Subscriber" (Timaru). A.: No. Q.: A borough council puts a loan proposal before the ratepayers specifying certain streets upon which the money is to be expended. No set sum being allotted to any street, but estimates published. The loan being carried the money is exhausted when two thirds of the named streets are attended to. Have the ratepayers in that area upon or in which no. portion of the loan is expended any redress? — "C.W." (Onehunga). A.: No. This is the usual result of local body loans. Q.: Has a ratepayer the right to attend a meeting in committee of a borough council? — "C.W." (Onehunga). A.: He has no right to attend. Q.: What effect does summer-time have on the rule of a dairy factory (.hat all milk is to be in by 9.30 a.m.? — "Constant Reader" (Hawera). A.: The milk must still be in by 9.30 according to the clock.

Q.: Is a motor dealer entitled to sell at price of a new car one which he has used for demonstrating purposes ? — "H.J." (Christchurch). A.: He can sell it for as much a a he likes. If, however, he passes it off as a new car he will be liable in damages to the purchaser. Q.: I bought a gramophone o n the hire purchase system. I now find it unsatisfactory. Can I return it without becoming liable for the remaining instalments? — • "Legal" (Murchison).

A.: Yes. You will be respon-

sible for ail instalments that fall due up to the time of return, but not for others. This is on the supposition that the document you signed is the usual form and that it contains the usual clause enabling you to return the article. If that is omitted the transaction is purely a sale on deferred payment and you have no right to cancel.

Q.: (1) My father bought shares in a flax company. On his death his property was divided amongst his family, his farm being leased by my mother to one son. Who is liable for the calls on the shares? (2) Is it legal for a sharemilker to pay part cost of erection of new cowshed? — "Constant Reader" (Rotorua). A.: The future calls like other debts must be paid out of the residue of the estate, and if the residue is not sufficient then out of the specific bequests. In this way the farm may have to be sold to pay the calls. The lessee of the farm is not personally liable, but it may be to his interest to see the calls paid in order to save the farm. (2) If the sharemilker agrees to make milk payment there is nothing illegal in it. In the absence of an express agreement, a sharemilker could not be compelled to contribute to the cost of such an erection. Q.: (1) Can police hand a man a summons at his own door and then charge him mileage to where he works? (2) A creditor insults a bankrupt's wife by passing personal remarks; what would be the best way to stop same? — "0.H." (Havelock). A.: (1) No. (2) So long as the remarks are made to the wife only, no actual damage is likely to result and therefore action for slander cannot be taken. If the remarks are made to third parties you would probably have ground for taking action. provided the remarks are not true. If made at a meeting of creditors the defence of qualified privilege would be available, Q.: As the result of an injury suffered at work I am capable of only light work for some time. Are my employers bound to provide light work for me until I recover? — "Sawmill" (Mangahua). A.: No. If you are incapable of doing your usual task you may be dismissed. Q.: I own a hairdressing saloon in which a radio set is installed. After closing at 10 o'clock each night, I clean up the saloon and turn on the wireless. My neighbors object to my doing so. Can they compel me to stop? — "Anxious" (Miriona).. A.: You are of course entitled to remain in your saloon as long as you like. Wireless is now such a common evil that it is doubtful whether the court would grant an injunction restraining you from using it. It would, however, be unreasonable to use it after, say eleven o'clock at night. Q.: Is it lawful for a tradesman to take pupils to learn his craft on payment of a certain fee? — "Down South" .(Blenheim). Yes. Q.: I obtained board with a private family but after spending four days there I was turned out. I know of no reason for this action on my landlady's part. She told me she would not take the rent for the four days, but she has now sent me a demand for it. Must I pay? — "V.S." (Oamaru). A.: No. You are entitled to a week's notice to quit.