"INQUIRERS' CORNER

NZ Truth, Issue 1173, 24 May 1928, Page 18

" INQUIRERS' CORNER

|" ZrjZZZrSZmZmll!!!? Conducted by "I NTERPRETER." r,!:r I rS"S!SS;S."S«^Si| . I Answers will be published as early as possible after receipt of IS I questions and so far as possible m order of rotation of receipt. g, 1 All letters must be written m ink and be addressed "Interpreter' §| i c/o "Truth," Manners Street, Wellington. While we take no || |i responsibility for any answer given m these columns, every || ii endeavor will be made to see that they are absolutely correct. §| ii Answers to legal queries must be accepted merely as a || guide as to whether or not it is worth while going to the ex- || pense of placing matters inquired about m the hands of a ii solicitor for further action. - ' || No replies can be made by post. No anonymous inquiries || will be answered, and inquiries of this nature will not be pro- 1 served. Frivolities and, questions not of general interest will s | not be answered. 1

iftmiffllMlMllHlWl^ *4tiniiiniimiiiitiiHiiiHuiimmnrmtiiniimmiiiiiiMtH urn mi nimmiHimjmu*u"i PROPERTY RIGHTS. Q.: Is it lawful to plant poplars and willowa In a fence running along a crooked narrow public road? — "Public Safety" (Alexandra). A.: Under Section 26 of the Fencing Act no person shall plant trees on or alongside the boundary line or fence boundary or abutting on any land set apart for public use w lthout the previous written consent of the proper authority. Q • There was a live fence between my property and a neighbor's. This, he cut down without my permission. Am I now liable for half the cost of.erecting another fence?— " Anxious" (Pahia). A.: No. MAINTENANCE. Q • Is it a fact that the father of an illegitimate child ceases to "be liable for its maintenance as soon as the mother remarries? (2) If the father has failed to obey the maintenance order made against him, what steps should be taken to enforce it?— "F.M." (Mt Eden). M . . . A.: (1) No. This has no effect on his liability. (2) A summons for disobedience should be issued. If the police are unable to find him, you may get a warrant for his arrest. MARRIAGE AND DIVORCE. Q • I have not heard of my wife for twenty-two years. I now desire to re-marry. (1) Am I legally entitled to do so. (2) What explanation would be necessary m the declaration? (3) Would my first wife be entitled to my property on my death?— "Numquam" (Auckland). A.: (1) Yes. (2) Explain the position to the registrar who will advise you. (3) If you died intestate she would, to the exclusion of the second. If you make a will, you should make it clear that you desire to leave your property to the second woman and not merely to "your wife." If at any time your first wife reappears your second marriage will be void and the issue of it illegitimate. You can avoid this risk by divorcing your wife. Q.: I am keeping company with a married woman who has obtained a separation from her husband. (1) If he should petition for a divorce could he claim damages against me? (2) Could she sue for a divorce or would she have to wait three years? — "Alteo" (Thames). A.: (1) Merely "keeping company" is not a ground for divorce. If he can prove adultery you will be liablo to

have damage* awarded against you. (2) She must; wait three years. • Q.: I was married five years ago and then removed to Sydney. My husband suggested I should come home for three months. I have been deserted, working for myself ever since and have never heard or received any support from him. I have been here three years next August. Am I entitled to a divorce here o r would it have to

be heard m Sydney —"Constant Reader" (Huntly). A.: The petition would have to be heard m Australia but it would not be necessary for you to go over there. See a solicitor m New .Zealand. Q.: Is it compulsory for a man whose wife divorced him over twelve years ago, to show his decree nisi papers before he can marry again? — "Very Troubled" (Wellington). A.: No. In any case a decree nisi is not sufficient. You must have the decree made absolute before you are entitled to remarry. LEGAL. , Q.: I have two illegitimate children who live with their mother and • for whom I pay £4 ss. per week! They live m ideal conditions and are well looked after. The child welfare authorities now threaten to remove them. (1) Can they do so? (2) Can 1 refuse the welfare officers admittance to the house? — "Worried" (Auckland). A.: (1) They can do so only by obtaining an order of the Children's Court. If the circumstances are ass you state, no court would consider* making an order -for the commission of the children to the State. (2) To do so. would be unwise. They may be a nuisance, but there is no need to be afraid of them. Q.: (1) I am separated from my husband and am living with another man by whom I have had several children. These children are registered under my married name. Can I change the registration to the other name? (2) If the man I am living with makes a will m my favor, naming me as his wife, could ii take under it? (3) If no will is made, what would the position of myself and the children be m regard to his property? — "Doubtful" (New Plymouth). A.: (1) No. (2) •He should refer to you by name. If he gives his property simply "to my wife" there may be an ambiguity if he has a real wife living. (3) You would have no claim whatever. Q.: My wife took certain ' material to a dressmaker to be made into a dress. While it was there the premises were burnt down and the material lost. Is the dressmaker liable for the value of the material? — "M.Z.S." (Palmex-ston North). A.: Not unless you can prove that the fire was due to her negligence. Q.: I was persuaded to order a book from a canvasser. I now find that I cannot pay for it. Am I compelled to accept delivery? — "Perplexed." (Napier). A.: Unless the order had the following words printed across it m red it Is void and you are under no liability at all. "The total liability, of the purchaser under this agreement does not exceed the sum of £ ." Q.: How long, does a judgment for debt hold good? — "Enquirer" (Ashburton). A.: It is enforceable^ f6r 20 years. Q.: (1) Is it legal to work on Anzac Day? (2) Can an employee be dismissed for refusing, to work on Anzac Day? — "Returned Soldier" (St Albans). A.: (1) Anzac Day is to be observed throughout New Zealand as a Sunday and therefore persons working on , Anzac Day are presumably liable to the penalty imposed for working at their trade on Sunday. (2) You would have a good cause of action for damages for wrongful, dismissal if you were so dismissed. Q.: Am I liable to prosecution for being on licensed premises on Anzac Day? — "Constant Reader" (Islington). A.: Yes. .

iiiinmimrtriiiniiiiiiiHiiiriiitiiniiii»niiiii«iitiiiiiiiniHii»imiiinniinniiinrtwimwmtiniwn>ir^= HOUSING AND RATES. X Q.: I agreed to lease a house and the owner said he would have a lease drawn up and ho would bear the cost. The lease -was duly drawn up by a firm of solicitors and they sent m the account to me. Am I responsible? — "Agreement" (Napier). A.: No, return it to them pointing out the agreement by the person to pay. WILLS. Q.: My mother left all her property to my father by will. The latter assigned the whole to his youngest son. My father is now nearly destitute and the other members of the family are not very well off. Can anything be done to remedy the position? 1 — "Fairplay" (Norsewood). A.: No, except that any member of the family becoming destitute can take proceedings against the youngest son under the Destitute Persons Act, 1910. Q.: What would the death duty on £2606 and £2416 be? — "Wondering." (Palmerston North). A.: The estate duty would be on £2506, £50, and on £2415, £48, unless left to a wife, m which case no duty would be payable. The succession duty varies according tb whether the legacies are to children, other relatives or strangers. COMPENSATION. Q.: I left a dress to be altered by a dressmaker. While it was on her premises It was destroyed m a fire. Can I claim compensation from the dressmaker? — "Bunny" (Owhango). A.: No. WAGES AND PENSIONS. Q.: My husband appealed to the War Pensions Appeal Board against the refusal of the War Pensions Board to grant him a pension. The decision of the War Pensions Board was upheld. Have we any other means by which we may obtain the pension -^-"Anxious" (Auckland). A.: No. The decision of the War Pensions Appeal Board is final. You can apply again next year for a pension. Q.: I am m receipt of a war pension of 15/- per week. Could I have the equivalent of this paid m a lump sum? — "Digger" (Tologa Bay). A.: No. Such a proceeding 1 would defeat the whole object of the pension. Q.: I was employed to trim a hedge adjoining the street m a certain town. I was not told to remove the cuttings and left them m a heap on the foot-

patn. x nave now received a summons for placing an obstruction to the clanger of the J public. Am I guilty? — "Maris" (Raetihi). A.: Yes. Whether you were or were not ordered to remove the rubbish, you are liable for all offences committed by you personally. In any case employment to trim a hedge, would, m the absence of instructions to the contrary, include the clearing up of the cuttings.

q.: i am a widow with two children. I have been m receipt of the widows' pension for nine years. My younger child will be 15 this year. Will my pension then stop?— " Widow" (Jonnsonville). A.: Yes. Q.: Should a mother who is receiving the old age pension have her pension reduced on account of receiving a small pension for her son who was killed at the War?— "R.S." (Shannon). A.: No. GENERAL. Q.: How can I find out if a certain person is married? — "Constant Reader" (Devonport). A.: You can have a search of the marriage register made at a small cost. It Is possible, of course, that his marriage was registered at a registry other than the local one. Q.: Is a perßon who has a prohibition order out against him entitled to make his own beer? — "S.L." (Lyttelton). A.: Yes. The order only prohibits him from purchasing or procuring liquor. Q.: Three men entered into a contract to cut scrub on a farm for £100. Owing to an Injury one of them was away from work for some time and m returning was told *by the station manager that he was not required any longer. (1) Can the man tie discharged m this manner? (2) Can the remainder claim a quantum merunt find leave? (3) Are we covered by Insurance effected by the station owner? (4) In the event of an accident happening to any one of us can we claim compensation from the station owner? —"Scrub-Cutter" (Dannevirke). i A.: (1) No. The station owner having let the contract, is not concerned by whom or m what manner the work is completed. The tlu*ee of you have entered into one contract as joint contractors and the station owner has no concern with the Internal arrangements of the contractors. (2) No. The discharge is simply of no effect. (3) Yes. (4) Yes. Although you are Independent contractors yet being: engaged on scrub-cutting l and working yourselves you have the same rights as if you were an ordinary worker. Q.: (1) On what days of the year that are declared statutory holidays, does an employee if he works receive double time or time and a-half? (2) Is an employer liable if he works men on those days without paying them double time or time and a-half. (3) If a man works on Anzac Day what time can he claim? — "Nigger" (Onakaka). A.: (1) This depends on the award under which you are working. (2) The employer commits an offence if he fails to pay the wages provided for m the award. (3) Since .Anzac Day is a Sunday any worker working on that day Is liable to a line and can not claim his wages at all, unless his employment is one authorized to be carried, on on a Sunday. REPLIES IN BRIEF "Alluvial" (Auckland): Have no Information on the subject. Write Australian authorities. — "Curious" (Christchurch): Have no record. — "Nosey Parker" (Levin): Ask a sharebroker.— "Stampa" (Wellington): Depends entirely on the condition and markings of the stamps. Any reputable philatelist will give you their catalogue values. — "Music" (Christchurch) : There is such a course advertised from time to time. Cannot advise you as to its merit.— "D.C." (Tlmaru): Have no record. — "A. Bob In" (Greenmeadows) : Unable to say whether the matter has been finalised. . '