INQUIRERS' CORNER

NZ Truth, Issue 1177, 21 June 1928, Page 20

INQUIRERS' CORNER

kimiiimimiii/irmimiitiiiiiiiiiiiiiH n,,,,,,,,,,,. /%___i.._i,_j L... IIIMTCDDD BTP P W niraii_niiioimi)winiir_wiiii_ni_riinnimirmrni» ||i«MmmimNiuHiMiiiiMiimn«niiiMiiim!miili Conducted by "I.NTtnrKCI tr_. iiiiuimimiiiiiiuiuiuiuiHiuiniiiiinMuiiiiiuiin 11 Answers will be published as early as possible after receipt of I 11 questions and so far as possible m order of rotation of receipt. . . II All letters must be written m ink and be addressed "Interpreter |1 c/o "Truth," Manners Street, Wollington. While we take no |i ' responsibility .for any answer given m these columns, every || endeavor will be made to see that they are absolutely correct. || Answers to legal queries mus* be accepted^ mer.ely af a [ || guide as to whether or not it is worth while going to the ex- j |! • pense of placing matters inquired about m the hands of a |1 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 pre- || || served, Frivolities and, questions not of general interest wyl if II not be answered, J ES IB ? ii""iin imniiiiiiiimiiii iiiimiiMimiiiiiimiiimn iiiiiiii iiiiiiuiniiiiiiiuiMiinaiiiiMiiitiiii>iiniiuii<iiMiHiHUiKiiiuilinunciniiirt4Jiliiimirinc.»rtrii»triiiri»Jjni»Mi. 1 ■iiimiiiiiiumiui iiiiiiiiiiimiiiiiiiiHiiiiiiiuiiiuiiiiuniiiiiiiiiuuimiiiiiiiiimuuiiiiiiuNiiiiiuiiuiiiiiiiiiiiiiuiiiiiuuiiiwiMtmiui^

PROPERTY RIGHTS. HOUSING AND RATES. Q.: The boundary fence between A. Q.: (1) Can a man renting a house and B. is. the usual post-and-wire let a room to an adult without the fence. B. dug- a ditch on his side of consent of owner? (2) Can owner the fence, bvt only 6 inches away from give man notice to quit for doing SO?—the posts. A.'s stock have rubbed "Anxious" (Pajmerston North), against the fence, causing it to fall A.: If there is no stipulation that half-way down into B.s paddock. B. rooms are not.' to be sub-let, the wants A. to repair the fence at his owner's consent is not necessary. (2) (A.'s) expense. Can B. compel him to; Unless the hpuse comes within the if not, what is A.'s remedy? — "Puz- new rent restriction legislation, the zled" (Centre Bush). landlord is not bound to give any reaA.: A. should serve B. with a notice sori for giving: you notice, to repair under the Fencing Act, 1908. __,_,.. The magistrate -will then decide iii INSURANCE. . what proportion the parties are to con- __„___■'■ _._.-» __~. n _,_«__ ™__. >,__..__. tribute. On the facts it would appear <*>'■ The J* m A m& \££E%Z? that B. should pay the whole cost. me insured under Workers Compensation Act. Also I have a personal MAINTENANCE accident policy for which I pay my-. ~" self, which states that m the event of Q.: I took proceedings for mainten- accident I shall receive £2 per week, ance against the father of my illegiti- could I, m the event of meeting with mate child. To avoid publicity he paid an accident at my work, claim full maintenance privately and the matter amount under both policies?—"Condid not go to court. He now states stant Reader" (Christchurch), that if I marry he will refuse to pay A.: Yes. anything: further. What can I do? — "Anxious." (Wellington). COMPENSATION. A. :. Your best course is to take • fresh proceedings and to get affiliation Q- I received compensation for an and maintenance orders against him. injury to my eye. Subsequently, as a These will then be enforced by the result of the same accident, I lost my court. sight m that eye. Can I claim further Q.: My son is the father of an ille- compensation? - "SuWiber" (Gisgjtimate child.' He has disappeared t)o ™y and has not paid anything towards its ' maintenance. Can I be forced to con- GENERAL. tribute towards its maintenance — - ' '■ ■'■ "Laborer" (Gore). Q.: I consulted a doctor who disA.: Yes. penses his own medicine. Every time WAfiF . AMn DETMcirtMc I require a fresh bottle of the latter, I WAGES AND PENSIONS. hargefl 10/6 for a congu itation as Q.: Is a returned soldier, wounded well as the price of the medicine. Is m the head at the war although not there anything to prevent a doctor sufficiently demented to stop him from fr0I » doing his own dispensing?— earning his own living, entitled to a "T.G.F." (Wellington), pension? If so, what would widowed .-.A.: No. 111^ ,__.! fe . a ? d cl J ildren be entitled q. : i have been driving a motor-bua t0 \~~ ? a ol , dIGI _ c ")• for the last eight months; the owner A.: If he is earning as much as he t old me he was perfectly satisfied with would have received if the injury had me j n every way. A day or so after not occurred, he is not entitled to a he told me he waa finished with me at pension, otherwise he may be. No the end of the month, without giving pension can be paid to the dependents any reason whatever. Can he dismiss of a soldier who. is still alive. me without giving a reason for doing Q.: Is an employer who employs a so — "Bus Driver" (Wellington), man at so much per week entitled to A.: Unless there was any contract deduct a proportion of his wages for of employment between you, he is enAnzac Day? — "J. W.T." (Wellington). titled to dismiss you on giving the reA.: No. quired notice at any time. MARRIAGE AND DIVORCE. Q.: Re club management.-«' One of ■ — — — ■ Them" (Wellington). Q.: Forty years ago, at the age of A - : It is certainly the duty of every 15, I married a man who subsequently member of the club to do- what he can turned out to be previously married, to prevent the club being or becoming He left me and went back to his first a. common gaming: house. As to what wife. I then married again, first tel?- amount of gambling will turn the pre-, ing my second husband of my flrst mises into a gaming house, it is no marriage. After a time he tired of doubt a question of degree. But if me, and told me that unless. I got a bookmakers are permitted openly to divorce from my ' carry on and to first nusbanci ne |...MuiiiiiiiirmMirinti»uan.'i/iiiiiiiHni»Hiiimiimmiuuiii»uiiiiiiiii_i)_riiiiiuji_uiiiiuj4uiiiii^3 use Tne ciud teiewould leave me. \\ rrr rr II phone for the purThis I did. The II I IllsPntV FPfBY? H poses of their petition was not ll * " / V« *J itw,fl • || business, every served on him as jj| — jj_s member, is justihe had left New 11 0 . m i have not t, earc i 0 f i| fied m objecting. Zealand and could If m *~ hu %rl d for %Je° 20 years. ZllJrwt ™* not be located. |i c _f n , now re . maPry without If £" f *J_? ir ™L V ??' Some toe aftar <fg obtaining a divorce? (2) If so, ij l% c }}? n 'J a > m J}" this my second v how , must , reside m New II event of a suchusband left me, i J Zealand a before , can marr y?— 11 £S? f S,„ t %. h^ and married si «A„ v | ni .«.i» / \ 11 will run the risk again. (1) Was || *{* (1) Yes, but the marriage 'If £ fine f or being his second mar- h| wi u b^ oid if it is proved that § °* the pre mises rlage legal? (2) || husb and was alive at the if «{«« *?* J™ Am I liable to g | ate of the second marr r age . t^lf 7 that thirl prosecution for 1_ „ ,-.^ e_ „__ __ ___ _* i.u_ nar . Is trate tnat tnere Slgamy. (3) I || f e > s I ?™JoTV7h™ now desire to y where the marri age is to take °^* s *°" for £?* marry a _ third || |ace for three da p s . that is all Ji P?_!^' time. Am I free |= + hat ;_ neC essary I* P erlence , shows to do so?— fl ; necessary. y tha( . thla d e fence iirri*.s.,.uis.Ar' /TJnr. i_>jiiiiimiiniiiiiiiiiiiMiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiMiiiiiriiiiiimiiiraiiiimiiiiiiimiiimi?i t' Q V>nrr. tn TT-fliTl-XroUDieu \VHJV" 1 ■___■ _._._*.. ia .v _._._.«._._._, wood). tain. If a member A.: (1) No. His marriage to you sees that the premises are really being was legal md he is therefore guilty used for gambling on an extensive scale, of bigamy. (2) No. Your first "mar- he should, for his own safety, either stay riage" was m fact no marriage at all, away altogether or else take effective since the man was already- married, measures to stop the gambling. It is, You iwere therefore guilty of no off ence of course, the duty of the managein marrying the second time, and the ment to put down gambling and they divorce You obtained was entirely un- can never be justified m expelling a necessary. (3) No, you are still mar- member on the ground only that he has. ried\ to the second man, and you can- brought discredit on the club by exnot re-marry until you get a divprce posing its gambling activities. Any from him. This, on the facta sub- member expelled on that ground would mitted, you are entitled to. be entitled to damages and an m Q • My husband and I do not get on junction. As to the remaining queswell together. If I were to leave him tion, it is clear that if the committee and work for my own living could he pass a resolution increasing the salary claim my child from me ?— "Worried" of the manager by £50 a year, that is (_ ) 4 a resolution involving an expenditure A.: He might claim it, but it is of over £40 a year and so must be apdoub'tful whether he would obtain cus- proved by a general meeting of tne tody. As the child is so young it is club. There is nothing inconsistent unlikely that the court would take it with this view m the rule which exaway from you. pressly states that the manager shall MnRTPAPP . be a salaried officer of the club and Mut-iva-HUEo. his salary shall be voted by the comQ.: Are there any costs payable by mittee. That special rule is controlled the mortgagor on the release of a by the general rule limiting the powers mortgage? — "Puzzled" (Dunedin). of the committee so that if the comA.: There' will be a release fee, prob- mittee vote an increase exceeding £40, ably' £1/11/6 plus 8/6 disbursements. their resolution will be invalid unless LEGAL ratified by the club. • ' Q.: (1) My wife has left me with | Q.: I lent a dog to a friend, who m three young children to support. One turn lent it to a third person with my 0 f these is a child which my wife had [consent. The latter refuses to return before she married me. Am I liable for lit. What is my remedy?— " Constant the support- of this child? (2) Can I Reader" (Epsom). ' claim damages from the man with A.: You can sue for the return of whom my wife went away? — "A.T." the dog, or, failing that, damages. You (Dunedin). can take action direct against the third A.: (1) Yes, under the Destitute Perperson. sons Act, which modifies the common _. ' . . , „ „!.._..__. ir. _i la w under which you are not liable. Q.- Having taken up a share m a petition for divorce and join forestry^ company, I now find that I &g ondent you can claim am unable to carry on with pay- d fout not otherwlß e. ment of instalments and wish to tor- to ' feit my share, on which I haye already REPLIES INBRIEF paid a certain amount. (1) Can I do : this without payment of instalments "No Cause" (Palmerston North) : They m arrear? (2) Have the company any would be unlikely to diminish the penright of action for instalments due and s i on on this ground.— "Subscriber" not paid?— " Constant Reader" (Wel- (Okaihau): National Continuance, lington). ' 299,590; State Control, 56,037; National A.: (1) No. (2) Yes. also for all m- Prohibition, 319,450.— "Penny" (Ashstalments which may full due. burton): Yes. Is worth its face value. Q • I gave a man £1 to put on a — "Widow" (Christchurch) : If you can horse for me. He now refuses to pay prove that he has sufficient money to me the winnings. What. is my remedy? pay, it will.— "Enquirer" (St. Albans): —"A Woman" (Palmerston North). He .is entitled to sue you for the A- Yon are not prevented from talc- amount due, but cannot set the ac'ink action for the recovery of the count off against your wages. — "Isman' money won. (Winchester) : So long as the compe- , , tition is one of skill it is not illegal. — Q.: A heifer trespassed on my pro- .< Napier » (Walroa ) : Mathematical property and did certain damage I have w . are not solved m theae CQlumn3 . kept her or some time^d advertised _-< An _- W . (Gisborne). Yes. do as that she will. be sold to pay expenses. . _, 11E .„ e o t _ "MW"- (Nelson): There has been no response. Can I .the M f 2k seaso^ now^ sell her?- Perplexed (Auck- wlnter (June> j uly , August); spring A-'No. The right of distress dam- (September October November); age feasant gives no power of sale, summer (December, January FebYou may mefely detain it until com- y^, &^Trn^l% %7n7 pensation is paid. If you cannot find H£/_V (Kilbirnie) . (1) No. (2) No. the owner you should inform the ~ "Radium "(Dune din) : Unable to say police or take it to a public pound. -"J-H." (Petone) -J^orso Jonner^.O In the first case if the police cannot Willis Street, Wellington.-- Dan find the owner of the animal it will Tnonia" (Te Mata): Can be obtained become your property and you can from most booksellers. — "p.E." then do what you like with it. In the, (Ohura): (1) Kichard Browne and second case the poundkeeper has sta- Son, booksellers, Willis Street, Welltutory power to sell it after a. certain ington. (2) Apply to Commissioner of time. Crown Lands, Auckland.

Q.: _4y stepmother borrowed £60 on my behalf about two years ago. My only acknowledgment of the debt is the fact that I have paid interest to her and she forwards it to the lender. Am I personally liable for the loan as I am still under the age bf 21?— "H.0." (Invercargill). A.: Whether you are over 21 or not, you are not directly liable to the. lender, as there is no agreement of any description between you.