INQUIRERS' CORNER

NZ Truth, Issue 1174, 31 May 1928, Page 18

INQUIRERS' CORNER

conducted by "i nterpreter." :!i::::!::::i!=!!!:!!:!!!!;!:!!!Z!i!!=!K 11 - . ii || Answers will be published as early as possible after receipt of || : | questions and so far as possible m order of rotation of receipt. |jj : i All letters must bewritten m ink and be addressed. "Interpreter" H I 1 " c/o "Truth," Manners Street, Wellington. While we take no H ; | responsibility for any answer given m these columns, every || • I endeavor will be made to see that they are absolutely correct. || s if Answers to legal queries must be accepted merely as a || . : | guide as to whether or not it is worth while going to the ex- || I I pense of -placing matters inquired about m the hands, of a ,ll : 11 solicitor for further action. ;< i| J =| No replies can be made by post. No anonymous inquiries || ; It will be answered, and inquiries of this nature willnot be pre- || : ii served. Frivolities and, questions not of general interest will *|| I I! not be answ.ered. . f| : litmniranmuniimmiiiikmnmiiiiiiuHiiiiiiiiiimiiimiiniiiiiiiiiiiiiiniinninuiiitiiinmi iniiiiu i mmimimmimmmimimini IIIIIIN T?!!!!SI!lml!!!!!t!m!!!!!m.i niHiiiimiilMimmiMUiiiiiiiimiimmmuHNmiMmiiiiitimiiMiiiimiimiiMraimiiiiiMiiiiiiiNMiiM

HOUSING AND RATES. Q.: (1) Am I entitled to any allowance m rates on a house which has been vacant for twelve months. Rating is on unimproved value? (2) During occupancy a tenant nailed to the house and out-house two sections of trelliswork on his own account. When leaving the house can tenant remove trel-lis-work if owner refuses to pay for its cost? — "Enquirer" (Wanganui). A.: (1) Yes. (2) Provided he can do this without any damage to the prtoperty. MAINTENANCE Q.: I am married and m poor circumstances. Can I be compelled to support my father, who has three brothers m good positions, who are well able to support him? — "Inquirer" (Christchurch). . A.: Apparently under the circumstances the burden should fall on the brothers. ■ , MORTGAGES. Q.: Some time ago I purchased a property with a first mortgage on it, vendor taking a second mortgage. I paid a deposit by raising a mortgage on a small, property I. have. The first mortgage being nearly due, what is my position; if I cannot renew. Have" l any liability to the mortgagees, beside the security of the place? — "C.H." (Christchurch). A.: If the property secured is not of sufficient value to pay the amount of the mortgage, you are personally liable for the balance. WJLLS. Q.: A man made his will m favor of his two surviving v soris. Can the wives and children of the, other 30ns who predeceased the testatoi'j make any claim against the estate ?— " Anxious" (Marton). A.: No. The right to take action under the Family Protection Act is limited to the wife and children of the testator. MARRIAGE AND DIVORCE. Q.: Is the fact that my husband continually and wrongly accuses me of being of immoral character sufficient ground/for my obtaining a separation - order?— " Unhappy" (Te Aroha). A.: It is all a question of. degree. Q.: Six months ago my wife left me taking with her our child. She is now

living with her people. Her reason for going is simfcly that I Gould hot give her the luxuries she had been accustomed to owing to ray becoming unemployed. (1) Can she claim maintenance for herself or for the child? (2) Could I claim the child, and, if so, what steps are -necessary to enable me to. do this? (3) In the circumstances could I obtain an order for restitution of conjugal

rights? — "Concerned" (Auckland). A.: (1) She can claim maintenance for both herself and child, but you can defend the application. (2) You can claim it by making application to the •' court, but it is doubtful whether you ' would succeed. (2) Provided you sin-cerely-desire your wife to return to yoii. Q*: My husband and I have ribt cohabited for 13 years. He gives me very little housekeeping money. I have had a child by, another man, but my husband has ' forgiven me this. Can I. obtain separation and maintenance orders?— " Anxious" (Wellington). A.: If you are not being maintained you I ' are entitled to apply for orders. There would be no expenses, except solicitors' fees, which would be payable by the. unsuccessful party. / , WAGES AND PENSIONS. Q.: My husband is m a, mental hospital. I have one child 7 years old and am m receipt of a .wage of 32/(5 qjer . week. I have, been refused the, widows' pension. Is it not a fact that I aim entitled to it?— " Anxious" (Dunedin). A.: From the facts' submitted you appear to be entitled. . .;. : i; GENERAL. : ; ; Q. : I have a wireless set. Can I obtain- a quarterly license or must -I take out an annual one ?— "Crystal" (Auck- ■ land). "• ■'■'.' -•;•. . ■: ■. ■■' ,' j ;./ A.: Annual licenses only are provided for dnd yoti must therefore take out a license for the whole year. Q.i Can, any builder tender for town lands trust work when he is on the committee of same? — "Doubtful' 1 (GreytOwn). 1 ■■■'■' -A.:. NoV „: /■ •■■ . ■•■/■.-'■ /'. ' \' . . ... Q.: I obtained a thirty-three year renewable leased Does this mean that 1 am entitled to a renewal of the lease at the same rent as t am now (paying? -^-"Settler" (— ). , . ■■;■•,■ ■'.;• .. A.: No. The idea of the renewable lease is that the property Should be revalued each time the lease falls m. Q>: Are parents entitled to exti-act board and lodging from children over the age of -21, who refuse to pay it? — "Hard Hit" . (Dunedin)V ; ;, . ■/..!.' " A.:. They are perfectly ; entitled to eject them if they refuse to pay. • , Q.: A man left myhouse o\virig £12 for board. If. I took proceedings .against him; would the court compel him to pay? ;l -"Wid6w" (Christchurch). ' J A: Only if you can prove that he has or nas had sufficient money to pay. Q.: During a holiday '• from .my employment, I \vent into town. and tripped over, an hotel doorstep, fx*acturing my ankle. The floor of the hotel was not m very, good repair. "(D Can 1 claim anything from my employer? (2) The owners of the hotel? (3) The licensee of the : hotel ?— "Wondering' 1 (Blenheim). : • ... , A.: (1) No. (2 and 3) If the tloor was m such a state of disrepair that there was danger to customers you would have an action for damages. REPLIES IN BRIEF "Film Comedy" . : (Waiuta): . Write direct to Paramount-Chrigtie Comedies, Los Angeles, California. — "Inquirer" (Neyis) : No.— "Deteriorated Lands" 1 (Maurice ville) : Unable .to ;' say. — • "W.H.C." (Masterton) :' Can only give / you, the average output '-per. mill per ! : : year. : Your best plan is to write to spitie - welir established '-mill,' which no ! ■ doubt? could supply you with the/cor- ■? rectv'ng;ur(eV';t'- : :'-','. ': ' ; ' ; ';.' ;: !• : ■ ' v ' ; '-'■.

LEGAL. ' Q.: My share under my father's estate was vested m the Public Trustee m trust to be paid to me when I reached the age of 21. I now find that my stepfather obtained the money from the Public Trustee and spent it. lam nearly twenty- one now. What remedy have I? — "Perplexed" (Wellington). A.: When you are twenty- one you can bring an action against the Public trustee for accounts, but you will find,, no doubt, that the explanation is that the money has been applied for your maintenance and' advancement during Infancy. However, you may have some claim if you can show that the. trustee did not see to the proper application of the money. , Q.: I engaged a barrister to defend me m a criminal prosecution. The jury disagreed;, with the result that a second trial was necessary. Can Ibe charged extra on this ■ account?— "F.G.S." (Takapuna). . . A.: Certainly the barrister is entitled to more than' if he had appeared only once. ; Q.; I applied for shares m a, new company paying- the amount due on application. I have since changed my mind and desire to withdraw. Can I obtain a refund of the deposit if I cancel the application before allotment? — "Better Business" (Kaitoke). A.: Yes. . Q.: (l)' Isas a licensee entitled to supply liquor to a youth of 20 who is a permanent boarder m the hotel? (2) May a boarder supply liquor to his friends after hours? (3) During what hours on Sunday is a boarder entitled to be served with liquor? — "Anxious" (Hawera). . ' A.: (1) Yes. (2) Yeso(3) There is no restriction. Q.: (1) Is a boarder, paying weekly, bound by law to give a week's notice before leaving his lodgings? (2) If he is, is he justified m leaving without staying the full weelc if, after having given notice, the landlord insults him ? — "Boarder" (Dunedin). . A.: (1) He must give reasonable notice and that by custom is fixed at a week. (2) A boarder is on a different basis from the mere renter of a room. Thei*e is an implied condition that the landlord's conduct must be such that the boarder can continue to live m the lodgings. If the insult were particularly gross the boarder would be justified m leaving and resisting payment. Q.: (1) A woman of private 'means refuses to pay account owing-. Is

her husband liable for her debts or should I sue? (2) Can I sue without further notice, as account has been rendered twi c c and I have stated that I would sue within a certain time? (3). Would it be best to get a solicitor m the town m which debtor resides or can they serve a summons f r o.m Napier at same cost? (4) Do I bear the cost of • summons? — "Nurse" (Napier).

A.: (1) You may sue both, but if she has private means it should be sufficient to sue her. (2) 'lt is not necessary ,to giye notice. . (3) The 'cost would be the same m either case. (4) If you succeed m your claim, the costs will* be payable by the debtor. Q.: I have been' looking after an illegitimate' child for the Child Welfare . Department. The. mother now desires me to. adopt it. Is the consent of the department necessary? (2) How long, does the department keep control of the child? — "Inquirer" (Masterton). A.: (1) • The approval of the Child Welfare Department is necessary for everyradoption. Consent is not likely to 1 be refused since the department entrusted you with the care of the child. .(2) Until the child reaches 21, but with power to l have control extended m certain cases. .'.■■'• Q.: My mother died leaving no money or property of any kind. I have been presented with an account for £16 for groceries purchased by her. Am 1 liable for the. payment- of this sum? I always, paid board when at home.— "Anxious Debts." ■'' A.: No. Q.: I purchased a mptor vehicle *on the hire purchase system. I paid part of the deposit and it was agreed that I should take delivery, on paying the balance of the deposit. On returning some weeks later I was informed that the vehicle had been sold to another person. Can I reclaim the part deposit paid?— " Hard Up" (Auckland). A.: No. Under the circumstances the firm did not act unreasonably m selling- the machine. You could- not expect them to wait several weeks. Q.: I have a contract cutting scrub with a man to whom I owe a certain sum of money. He refuses to pay me anything until the amount of the debt is paid off. Is he entitled to take this attitude?— " Worried" (Christctiurcn). A;': Yes. You are an independent •contractor and not a servant of the other party. . :•, ,'••■/ Q.: A girl eighteen years of ;ige, whose home is m England, works m New Zealand, earns, her own living and leads a' respectable life. (1) Has her elder sister, who is also m New Zealand, any power to have, her sent back to 'England? (2) Has she" the power to stop her from going "to another town to work?— " Constant Reader" (Pahiatua). A.: (1) No, (2) No. ; Q.: I ' was not satisfied with the manner m which certain work had been done for me with the result that I refused to pay him. After issuing a summons for the amount due, he sent his' workmen to complete the job. What is! the. position with regard to the summons? — "Defendant" (Dunedin;. •A.: If you are now« satisfied with the work you should pay the amount of the claim into court. You are not under the circumstances liable for the payment of any hosts. Q..: ■(!•)■; My estate is valued for probate purposes at £15,000 i I leave ray wife a .life interest m estate, on her decease to. be divided; Does my estate pay estate and succession duties'; on full value of my estate on my. der . cease and again on decease of my wife?. (•2) Is there . any method; of having; s costs (solicitors') taxed on the winding-' up of an estate, or do their costs stand unless disputed m court ?— "Rogus" : (Carterton). r . , A.:,'(l) 'All duty will be payable at your death. On the death of your wife her life, interest simply ceases, nothing passes and "consequently no duty is payable. (2) All costs can be taxed on application to the registrar. A court action* is not necessary.