INQUIRERS' CORNER
hitinuiiuunitmtiuitiniiioiuimanmttMUlm! CondUOted by INTBRPR ETE R. tmiiimiwimmiwinniiKlSiiSiiiiiii'ili
Answers will bo published as early us possible after receipt of ' § questions and so far as possible In order of rotation of reoeipt. | 'All letters must be written In ink and be addressed, "Interpreter" I o/o "Truth." Manners Street, Wellington. While we take no . | responsibility for any answer given m these columns, every f endeavor will be made to see that they are absolutely correot, 1 Answers to legal queries must be accepted merely as a 1 guide as to whether or not it is worth while going to 1 the ex- - § ponse of plaoing matters inquired about m the hands of a I solicitor for further action. || No replies can be made by post. No anonymous inquiries if will be answered, and Inquiries of this nature will not be pre- 11 served. Frivolities and questions not of general Interest will i| not be answered. ll
ISffflwmmtnunmiinnfltiinmniinniiumiHiimnuffliniiinnniinniimiinuiiiinimnDupiu ■ Mmtniiiiiiiigni(iHn«iiMiiittiimiiiiiiHiiiuraiiraiinmKiiuuiiiiimniiiiimnimin unuiiuiu VVAQE3 AND PENSIONB. Q.; I married a woman who had two Illegitimate children at the' time of the marriage. In the event of my death, would she be entitled to the widow's pension?— " Kin" (Pukepal). . A,: Since you are not the father of the children, she will not be entitled to the pension. Q.: My only Income is £12/10/- per month, by way of war pension. Ami entitled to apply for the family Allowance for my five children whose; ages range from nine months to ten years? — "N.E.T." (Pllmmerton). A.: Yes. '■ "■ v ■ ' -. ■ ./■-■ : HOUSING AND RATES. Q.: I rent a house which Is condemned by the local authority, but ' the landlord did not tell me; Am I liable for the rent? — "A.M.K." (Foxton). A.: Yes.. It might be different if the local authority had issued a closing order prohibiting the premises being occupied In that case the contract to pay rent would probably be illegal. Q.: When renting house I agreed verbally to give one month's riotfee before quitting. Am I bound by this, as I vacated house by giving one week's notice ? — "Perplexed" : (Auckland) . A.: The verbal contract .is binding on you. . MORTGAGES. Q.: I forwarded a sum of money to the State Advances Office m reduction of a mortgage debt. This was returned with a note to the effect that it was not owing. I found that a mistake had been made by the office. Am I now relieved of lia- ♦ bill ty for this amount?—^ "Self Protector!' (Strata ford).. A.: No. Q.: I sold a property m 1913 subject to a mortgage. Since the sale the mortgagee has several times granted renewal s of, the mortgage to the purchaser.: Can he. now look to me for repayment of the principal? — "Nimrod" . (Auck- itmmmmm „„„„„, „„„„„„„„„„ land). . A.: As the original mortgagor you will remain liable on the covenants of the deed unless the mortgagee has done something to discharge you. If he and ' the purchaser . without your consent : have signed formal renewals of the mortgage; on terms ; different from the terms of the original mortgage it has been held by the Court of Appeal that you are discharged. Otherwise you remain liable, notwithstanding the lapse of time, and if you have to pay your remedy will be to sue the purchaser on the covenant to indemnify you which he signed when you transferred him the property. COMPENSATION. Q.: I am m the employ of a house and land agent. When showing a prospective buyer over a house I fell down the steps, breaking my arm* Am I entitled to compensation? I am still m the employ of the agent, but my arm is permanently Injured.—"Salesman" (Auckland). *■'..'. A.: Yes. ■•.•■■ \... . •.■■"■-'■•. ! ' : . PROPERTjCPIGHTS. Q.: I 'Isj£*edSt property or one year with a *ght of renewal for a further two y^ars The landlord now states that hi, desires to build a house + on. this property. Can he d|t ermine thf lease lift., this manner?— " Anxious (Trentham). ' . A • No he is bound to leave you m peaceful enjoyment until the period has expired. He will, be bound also to execute a renewal of the lease if so desire. , . WILLS. Q : My brother died leaving, three brothers surviving. He lefr £300 to each of two of them and allthere. malnder of his estate C> the third. Can the first two claim anything from the latter?— " Brother" (Woolston). A.: No. , ' ,•;'■•"..■■• • '
icßiiiniiuttTmiiiniiitiiinnniimnnwnroniOTiiiHißmiHiMimnuiiuiuiuifmunmcmiminm^ | iwinnwmngrmuininimHimnimiJmimiMimmtuuuiMWimiWummlttnuicnmitmitimnk') MARRIAGE AND DIVORCE. Q.: Can a girl eighteen years old, become engaged without 'her parent*' consent?— "H.Y."- (Featherston). A.: She can do so, but the contract would not be enforceable owing to her Infancy, and m any case if her parents continue their opposition she cannot marry until she is 21 without the consent of a Judge or magistrate. BANKRUPTCY • Q.: If I file m bankruptcy and attribute my iosses to bookmaklng, could, the police take up the case against me? — "Bankrupt" (Palmerston North). A.; Yes. MAINTENANCE. ' Q.: (1): I am paying my wife £2 per week on a court order. Can she give anyone (including her solicitor) the authority to collect moneys on her behalf? (2) If my wife is working for her living can I get a reduction on the order?— "Kaiti" (Gisborne). ' A.: (1) Yes. (2) Not necessarily. LEGAL. , Q.: My mother died about nine months ago, leaving no property at all. I have recently received an account from a grocer for an amount owing by my mother. Am I liable for this? — "Anxious Debts" (Chriatchurch). . A.: No. Q.: I recently purchased a set of volumes on the deferred payment system. I find that -I cannot keep up the instalments. Can I force the vendor 'to take them £§ back? — "Upperll cut" (WaipukuI rau). | A.: This dels pends on whether I 1 the purchase was 1| on the hire pur- || chase system or i| whether it was an If absolute sale. If I § the former, you II can compel the II vendor to take 1 1 back the books If and forfeit the || amount paid, if !! the latter, you are ii bound to com- || plete the pur- || chase. II Q.: I have been If served with a ii judgment sumI| mons m respect ■■"" '*" ■■ ■■■" JU " of a debt, which I would rather go to gaol for than pay. I. am also suing a 'man for a sum i of mbney. If the money m the latter case was paid into court, could my creditor extract it m settlement Of his claim?— " Subscriber" (Waverley). ' ■' • A.: She can attach the money whether it is paid into court or not; but an attachment order is always subject to any prior assignment or order given by you. GENERAL. ' . Q.: I purchased a wireless set on the hire purchase system for £75. I find that' l cannot get many of the stations that I should get on it. What !b my position?— "A.P.W." : (Wellington). - ' A.: If it was guaranteed that you could get certain stations, arid m fact you cannot, you are entitled to ayoid the contract and .'reclaim your deposit. Ifi however, there was no guarantee you will forfeit the deposit. v Q.: I have a tea-room, m which I employ a musician. I am informed that I will have to take out a license from the Australasian Performing Rights Association, Ltd., before music can be played mmy tea-rooms. Is this correct?— "W.McF." (Hastings). A.: This is correct so far as modern music, the performing rights of which are vested m the Association, is concerned. Q.: I am the holder of some £1 shares m a company that has gone into -liquidation. After paying 20/- per share am" I liable for any further calls? — "W.M." (Wellington). A.: No. Q.: My age is 16. lam working and living a respectable life. My mother and I cannot agree. Can she put me m a home or .force me to live with her? — "Anxious" (Wellington). A.: No. • , -;■
miimiiiiiiiimiDimuiiiiiHiii«iiuiiiiiHniniiniiroiii«ii«niiniuniHniHi«iii»inninuiiui« Lost Receipts Q.: (1) I made certain payments but lost the receipts. I am now threatened with legal proceedings for % the same amounts which it is alleged I have not paid. Is the absence of receipts conclusive evidence of non-payment? (2) Is my creditor entitled to collect without my consent debts owing to me m order to satisfy his claim ?rr-"8.A.L." (Takaka). A.: (1) No. You may prove payment by other means if , possible. (2) No. If your ere- . ditors pay such amounts to him, they 'remain liable to you for them.
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https://paperspast.natlib.govt.nz/newspapers/NZTR19280712.2.105
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NZ Truth, Issue 1180, 12 July 1928, Page 20
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1,396INQUIRERS' CORNER NZ Truth, Issue 1180, 12 July 1928, Page 20
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