INQUIRERS' CORNER

NZ Truth, Issue 1181, 19 July 1928, Page 18

INQUIRERS' CORNER

SSS Conducted by "INTERPRETER." S

Answers will be published as early as possible after receipt of questions and so far as possible m order of rotation of reoeipt. All letters must be written m ink and be addressed. "Interpreter c/o "Truth," Manners Street, Wellington. While we take no responsibility for any answer given m these columns, every endeavor will be made to see that they are absolutely correot. 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 matters inquired about m the hands of a solicitor for further action. No replies can be made by post. No anonymous inquiries will be answered, and inquiries of this nature willnot be preserved. Frivolities and, questions not of general interest will not be answered.

PROPERTY RIGHTS. Q.: I was approached some years ago by a. land agent and was persuaded to purchase some sections. ' This I did, paying the purchase' price to the agent. I have several times approached him re obtaining title, and he at last referred me to the man who he jhad stated was owner of the property.This man, told me that he knew nothing about the property whatever. What, is my position? — "Sandy" (Christchurch).. A.: You have no .claim to tha sections. You may sue the agent for the amount paid and damages. He is al3o guilty of obtaining money on false pretences and is criminally liable. Q.: ■ I am building a retaining wall between my section and the next. Can I make the next-door neighbor pay half the cost of this wall, which is wholly on my property? — "Like to Know" (Wellington). A.: No. . . Q.: Am I compelled to defray the cost of permanent wall between my neighbor's property and mine, where there is an existing boundary fence 1 , as I have filled m and have a temporary wall inside- the existing boundary fence to hold up the earth?—"Northport" (Wellington). . A.: You are bound to prevent the earth falling on to your neighbor's property. If the temporary wall is sufficient to do this, you need not build another wall. WILLS. Q.: Is it necessary to go to a solicitor to have a will drawn up, or is it sufficient to obtain a will form from a stationer and fill it m myself?— "Inquirer" (Auckland). A.: It is far better to have it done :by an experienced man. The layman does not as a rule understand the formalities necessary for the validity of the will. It would not cost much more than a guinea for 1 a simple will. Q.: My mother left her property to my father for life

and on his death h=;i>mi to be divided || among the five || children. One || • I daughter died, || •leaving children. || Will this daugh- If ter's share be di- || vided among the 1 1 remaining ( f ou r i| children or will it || go to her chil- || dren? — "Anxious || Daughter" II (Christchurch). || A.: This will de- II pend entirely on || the wording of ii the will. If the || ■gift -is to the || children by name, H the share of any H t ,child predeceas- H * ing the testator II will g-o not to the I.,!"

children of that • I child but according to that child's will. • I If the gift is to the children as a class, p the children of a deceased child will be cut out. Every well-arawn will, however, contains a clause substituting the children of a deceased child for their parent. Q.: (1) Can the parents of a single child make wills 'm favor, of strangers, without mentioning her at all? (2) If Mie child dies before her parents, have her children any claim on the grandparents' estates?— "Cbo-ee" (Dunedln) v ; A.: The wills would be perfectly valid, but the child could apply; to.have provision made, for her under the provisions of the Family Protection Act. (2). They would have no claim. MORTGAGES. Q.: I purchased a property recently. I now find that I cannot keep up the payments on the mortgages; If the mortgagees 'take possession can they seize my other property also? — "Worried" (Auckland). A.: If the property mortgaged does not realize enough to pay the mortgagees they can sue you for the balance due to them and levy execution against your other property. They can also recover judgment against you before selling. . Q.: I am handing over my property to the mortgagee. My - sister has erected a shed on the property. It is on concrete blocks. If not secured to the blocks, can my sister remove the shed? — "Anxious" (Auckland). A.:. If the building is not attached to the freehold the mortgagee will have no claim. 1 ., A building merely resting on the ground is not considered as attached to the freehold, but whether that is the case with your building depends on the construction of the foundations. If the concrete blocks are really piles dug into the ground, the building would not appear to be removable.

iiiiiiiiiuiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiHiiniiiiiiiiiiiMiiini' 111111111 " 1 "™™ 11 " 111 " MARRIAGE AND DIVORCE: Q • My husband is confined m a mental hospital. , How long will I have to wait until I can obtain a divorce?— "Inquirer" (Hampden). . A.: Seven -years from the date or committal to the institution. Q • Can I obtain a divorce if I have no money?— "G.A." (Wellington). A.: You can proceed m forma pauperis. You will have to obtain an opinion from counsel that you have £» case and also an order from the court authorizing you to proceed without payment of fees and costs. LEGAL. Q. : I was convicted of theft and have also been summonsed for entering a racecourse. Can the management of this particular race meeting grant me permission to attend the race meeting or is there any other authority which can?— " Constant Reader" (Hamilton). A.: No. You are absolutely prohibited from attending race meetings. Q.: (1) What would it cos,t me to go bankrupt? I owe £150., (%) A newspaper states that a man has been arrested for theft, whereas : in fact he was arrested for debt. Has he any action against the newspaper? (3) If so, how much can he claim.— "T.W?" (Bulls). A.: (1) The only charge is the £6 filing fee. (2) He has a right of action for libel. (3) He can claim anything he likes, but it is advisable not to make the claim too large. Q.: I sued a man for debt. On an order being made against him on a judgment summons, he served his term m gaol. What is my position?— " Anxious" (Timaru). ' . A.: Although he still remains liable on the judgment, you cannot, according to a recent magisterial decision, obtain a further order on a judgment summons. You can, however, obtain the money m any other way. „„. ,„, .».. „c Q-: I Paid

ll £2/2/- to a cer- || tain hairdresser is for treatment. He 1 1 gave a written ll guarantee that it |! would be success- || ful. . It was not. ii Can I reclaim the || . mo ney paid?- — If "Anxious" (AuckU land). ll A.: Yes. 1 1 Q.: In 1919 one if of' my children || was adopted. I 1 1 now find that' it si is being il l - |i treated. Can I ii get it back?— i| "Heartbroken" ii (Franktori). • l\ '.A.: No: Once |l the order' of adopl| tion is made you !!;„! lose all your

•rights over the . I child. You have ho hope at all of , setting it back if the adopting parents • object. If the child is being.- : treated CH'Plly you should complain to the 1 police. ■ , ' I Q.: I have received an anonymous 'letter m which untrue statements of a i libellous nature are contained. What steps can I take m the matter ?— "E.M.H.L." (Pohangina). A.: No man is guilty of civil libel ■nless he publishes it to a third person, but it is otherwise with criminal Mbel. If the libel is 'particularly gross take the letter to the police with a view to a criminal prosecution. '/ENF&A'L. . Q.: I sold a property m 1919 on which there is still a balance owing. Can I claim same if interest is paid rpgularly every half-year? — "M.8." (Ealing). ' / A.: Yes. This is not a case where you can be defeated by the Statute x of Limitations as presumably you have to sign a transfer or some other document when the purchaser completes payment. v • Q. : After the war T deserted f rom ,the Royal Navy. Recently I' offered to "go back but they refused to take me. I then applied for my discharge but this was also refused. What action can I take?— " Anxious" (Mastertori). A.: None. They are quite justified m their refusals. Q.: I sold my interests m a business. Some part of the capital is being paid at so much per month. Will the Income Tax Department, treat it as inicome? — "J.S." (Alexandra). A.: No. The payment is on account of capital. Q.: I have been living under an assumed name for several years. Can I be placed on the electoral roll under this name? — "Ju Jubes" (Auckland). A.: Yes.