INQUIRERS' CORNER

NZ Truth, Issue 1179, 5 July 1928, Page 18

INQUIRERS' CORNER

£j'"i"'«iiiiiimimiiMiiiimijiii iimiiimimiii P«.J,,„toJ Ul. "IMTCDDDCTBD tr •in«iiniiiHiiiimiiiijiiiiiiiiiimiiill>mniii"n™ H^iHmiiili.iiiiilimiijiiimMn.MiiiiiiriiiiiHiii^Miii aL P " ■" I CHrnc I en, iiiiii m iiiiiiiiiimi>uiimj;iipuiiiiiiil)miiiiiiiiii 11 Answers will be published as early as possible after receipt of || questions and so far gs possible iri order of rotation of receipt. II All letters must be yvritten m ink and be addressed "interpreter || c/o ''Truth,''. Manners Street, Wellington. While v/a t^ke no " responsibility for any answer given m these columns, every endeavor wijl Remade to see that they are absolutely correct. Answers to 'legal /queries must be accepted/merely as a guide as to, whether or not it is worth while, going to the expense of placing 'flatters inquired abo,ut in* trie hands of a §p|icij9f for fwrther actjpn. , ."'*V\ •■";. , No replies'^ can be made by post. N'oYtan.dny.moijs inquiries will be answered, ppd inquiries of this natuh#;7wi|| rioty**c preserved. Frivolities an jj questions not of general i^terßjs^.,v>f!ir not be answered.. ' ' ■ ' " "*■,>.: ■ ! .'"' •• 7"\-*

'piiititiiiiiiiiiitiitiiiiiiiliiiiiiitilillilitiiMiiiliililtliiiifluiilililllitiiHiiliiiiillHniiililiHi.'iitimHiii <iiiHiiHiiiiHiiiiiuiiiiiui;iii[iiiiiiiiiiiiiiMiiiiui.iFiFiiifiiiiiiiiiiiiiiiiuiiitiiiiiniiiiHi|fff|/ißiiiiiuiiii HOUSING A'NP RATES. Q.: I leased a house for two years. I was not told that I would have tb pay the costs of the lease. 'Am- 1 liable for such cqsts?— "G.M." (Nauniai). ' A.:' Yes. " ", •' • PROPERTY RIGHTS. Q.: My neighbor erected a dividing fence oh tfteT wrong aligppient. Can I compel him to ren^pye the fence and re-erect '"- it'?— '.'.TPeekly' Reader" (Wanganui). ■ .;-.'- A.: You -'can; seryje a fencing notice on him to fenpe Ton the correct; line! . MORTGAGER. . Q.: I hold a second mortgage. ...The flr^t mortgagee is : selling'" the . property. There will probabjy'.'nqt be sufti-: cient to meet the first mortgage. Will I become liable to the first .mortgagee for the discrepancy?— '-'C.G." .' (.Christchurch). : •A.: No, you . will, simply lose ypur security. 7f7 ,:; ■ ,7' '■ . ! ' MAINTENANCE. Q.: (1) If my husband turns me out of the "house and tells me to return to my mother can. I claim maintenance from him. (2) Is he entitled to keep my personal property which I had "before I was married?-— "Elizabeth"' (Linwood). A.: (1) Yes. (2) No. ; GENERAU Q.: Can an pmpjpyee who has been dismissed conippl his employer to take him tp the'/.nearpst' rai.hyay' statjqn?— "Uncertain" (Waimate) >.- AT: NotT unless there >y«is a special agreement to that effect entered into. Q.: ladopted a child-six years ago. Her Christian name was not then clurtiged. Can I change it now?—"Anxious''..(Marton). '■"■'•■:• A.: No. You will have to wait until the child is '. old enough to execute a deed herself. Q.:. A call was niade oh certain

shares that I posr sess. .No notice of the call was given me anjl thp first ' intimation I had of it was a letter from the company saying that my .shares were forfeited; Hq.ve I ho J re-; dress? — "R.J.M."(Blenheim).'- ■ "- A.: The making of calls ' is g^pvernr ed by the domr pahy's articles. Usually it is 'neces'jar'y "to "• give certain notice of. any call, m which case you would have a good right of action against the company.

Q.: I wag apprenticed to a trade for four -years.'.'''' Recently my master threatened tp- give me a week's notice to leave. Is he " entitled to do" so?— "F. ', f ' A.': No. He'is bound to let you complete the term. WILLS. .Q.;.1 am separated from my wife. There is 'a. maintenance order against me for my children only. If I leave all my property by will to ope child can my wife and o£her child take prpceedr irigs to h^Lve ' provision, made for them? 7—"Anxipus"- . (ChristQhurch)'. A.: They can both take action, but it is dp.ubtful whether ybiir wife woUld succeed m her~applJca£ion. Q ; : (1) Who is entitled to the prop l erty of a husband dying intestate? (2) Who is entitled 'to the property of -a wife dying intestate? (3) "Where a husband and" wife hold property between them and one dies intestate, who is entitled to his or T her "share?— "T.U.R." (Sydenhairi). 7 ,' v A.: (1) (a) If there. are children, one third to the .wife 'and two thirds to the j children, (b) If rip children, £500 and two thirds of .'the remainder to the wife and one, third '" o"f.Tthe .- remainder, to the-' fathe^ (c) . If 'no' children -oi- father £500 arid two thirds'' of* the remainder. to the" wife and pne third of' the .remainder to the Trhpther. .{&), -If «no children; 'father orV,niother,T;'£soo and two thirds of the , remainder to the. wife and one Ithird • of , the ; remainder : to the brothers and- sisters; '(2) These prqvlsidhs apply mutjitis. mutandis to the estate of a'wife : dying-, intestate. (3) Jf they, hold as joint tenants, the. jus accrescendi. ripplies and the survivor will, take the „ whole! If they hold . as tenants m cornmon, the, above rules will apply to the . distribution of the share.

uiuiir iirj[jMiliiJJiii'tiiiM]jnliiufflJii<itiliiiiijtj'lJ^'>nintiJt.l<i>i<iJliuiii,!tfi[rt,,i'ii<>>v , '{'*' > [^f>-^ 1 iijiJiJijuiiipipiiiiiiiiiijiijiiiiniiiilipjij'iiiii^ ', ' MARRIAGE ANQ DJVORCE.Q.: My wife ' refuses' to cohabit with me. Have I any legal rerjiedy?-^---"Buipk" (New Plymouth). .;•■ . A.: You can obtain a decree for"restitution, of conjugal rights. If this ia not obeyed you can gel* a divorce. • COMPENSATION. Q.: Have I a claim for compensation against the Prisons Department if & prisoner escapes from a prison camp and takes my belongings? '-I peiievi*} the prisoner escaped wjth the knowledge of the officer m charge.— J'V.C.A.'' (Mapton). , .\ ■ ■ ' A.: Tou Ijave hp churn. What the chief warder knew cannot affec£ the liability of the" Gqver'nrfteiit. ' " BANKRUPTCY Q.: I instructed a solicitor tp coX leet rent for me. He failed to do' so and the tenant went bankrupt, "WJi'iit : remedy have I? — "Curious-' (Waitdtara). A.: You can prove m the. hankruptcy and if the debt is not pal 4 m full you can claim the' balance from the k solicitor if you are prepared tq prove that it was through his negligence that nothing was recovered. LEGAL. Q.: I borrowed £48 from a moneylender, paying interest at the rate of 12/- m the £1 per year. Can I have i this transaction re-opened under the I Moneylenders Act 1908?— " Anxious" (Dunedin) . • A.: Yes. Q.: I purchased some furniture on the hire purchase system. I fell into arrears with my instalments due to illness. The manufacturer stated that it would be all right so long as he knew the.position. After that my. last landlord went to the manufacturer and told him that I had left his house witjir out paying the rent, He then resumed possession of the furniture. Have I any remedy (1) against the manufac-

turer? (tf) Against the landlord? — "E.W-" (BerKairfr pore). A.: (1) No, he merely carried out the terms of the agreement. (2) No, he was entitled" to take this action. Q.: A certain man is circulating untrue rumors to the effect that T am guilty of immoral conduct. Have I any remedy? — "Determined .76" (New Plymouth). A.: Imputations of "un cha,s ti ty against a man are . only actionable as

slander if you can prove that ypu have suffered damage from it. Q.: I incurred legal costs three years ago. I have only recently re-: ceived a debit note for them. Am I still liable? — "Urgent" (Newtown). A.: Yes. Q.: Is a husband liable for debts contracted by his deceased wife m her own name? — "Constant Reader" (Koputaroa). t ,.-- A.: Only to the extent of any benefit he may have received from her estate. Q.: My daughter died at the age of 23 leaving no property at all. A certain creditor of hers. Is pressing me for payment. Am I liable for her debts?— "Saris Gene" (Wellington): A.: No. Q.: (1) I gave ray employer noticp. He then wrote to another 'man and told him that I am a drunkard. This is absolutely untrue. What action can I take? (2) Ho\y can I add a second Christian name to my name? (3) What is the cost?— "Prphihition" (Christ= church). A.: (1) If the late employer thought that the other man was going to.employ you and thought, bona fide,' to warn him of your failing, his letter Will be privileged. If, however, he acted maliciously you have an action for libel. (2) Have a deed drawn up tp be filed m the Supreme Court. (3) About £10. ' . Q.: I made a written offer for a property to a land agent without m? specting it. Can I now refuse to purchase the place? My offer was accepted before I decided not to go on with the matter?— " Brighton" (Christchurch.) - A.: The offer once accepted becomes a binding contract and you cannot now refuse to go on.