INQUIRERS' CORNER

NZ Truth, Issue 1182, 26 July 1928, Page 18

INQUIRERS' CORNER

JpSSS-SConductiil by,..MNTERPRETER_VS!K!^^ ' Answers will be published as early as possible after receipt of || 1 questions and so far as possible m order of rotation of reoeipt. I I All letters, must be written m ink and be addressed "Interpreter || j c/o "Truth," Manners Street, Wellington. While we take no § 1 responsibility for any answer given m these columns, every | I endeavor will be made to see that they are absolutely oorreot. 1 5* Answers to legal queries must be acoepted merely as a i guide as to whether or not it is worth while gomg_ to the ox- 1 pense of placing matters Inquired about m the hands of .a i solicitor for further action. | No replies can be made by post. No anonymous •inquiries 1 will be answered, and inquiries of this, nature willnot be pre- I served. Frivolities and questions not of general interest will 1 {not bo answered. I imttiiiiii nii-ii»iiminiiiiimtm.iii.iimiiimi.i.imiimiiiiiNiimuiiiiMM^ diiiumiiiiniiiiiiiiiiiimmimimmimiiimimmuiiiiiiiiimmimiim^^^

WAGES ANP PENSIONS. Q.: (1) Can a married couple claim old age pension if they possess house property worth £700 and furniture worth £120, and a sum of £50 m P.O. Savings Bank? (2) If so, has the Government any claim oh the property at death of the pensioners? — "Puzzled" (Dunedm). ' . 'A.: (1) Yes, provided they are Jiving m the house. (2) No. Q.: How much cash ln the post /office or bank is an old aged pensioner allowed to have while drawing the full pension? — "Anxious" (Geraldine). A.: '£60. WILLB. Q.: Where a benefloiary m an estate is receiving periodical payments, are the trustees of the estate liable for his debts?— " Enquirer" (Pareora). A.: Only if the debtor has given to the creditors an order m the form of an equitable assignment on the trustees. The trustees are not bound to recognize mere open, orders to pay, such as bills of exchange, but they cannot ignore orders actually transferring the property m the payments. MARRIAGE ANO DIVORCE. Q.: My wife obtained a divorce from me after three years* separation, to be moved absolute after three months. After twelve months she had the divorce sealed absolute. I did not defend or appear at any of the court proceedings. What is .my position now, not having heard anything for another 12 months? (1) Am. I entitled to marry again? (2) Would I have been notified if I had to pay costs of proceedings before I now? — "Constant l Reader" (Tv a - I kau). j A.: (1) Yes. (2) I Probably, but not j necessarily. Q.: My vfife left me over three years ago when we were living m England. , Eighteen months after- 1 wards I came to New Zealand. Before leaving England I applied for a poor man's divorce on the ground of adultery, . but ____ failed . owing to lack of evidence. Can I divorce her m Nejv Zealand?— " Worried" (Christchurch). . : A.: As you have already tailed on the adultery charge, the only other, ground will be desertion for three years. Before you can sue here you will have to satisfy the court that ybu have obtained a New Zealand domicile —i.e., that New Zealand is your present fixed home. Further, you cannot take advantage of the special grounds allowed by 'New Zealand law, such as desertion, unless, you have been two years resident here. LEGAL. Q.: I lent a man a horse for one week. He has ntnv had it four months ahd refuses to return it. Cans I take action him for it?— " Constant Reader" (Wairoa). A.: Yes. Sue for the return of the horse or. its value. You must prove a demand and refusal before issuing the summons. . . -• • Q.: (1) Is it legal to sell soft drinks etc., on Anzac Day. (2) May picture shows remain open on Anzac Day? — "Digger" (Muhaka). ' A.: (1) The ordinary rule as to Sunday trading applies, i.e., the ' sale of refreshments for consumption on the premises is legal, but the sale of goods other than for consumption m the shop is illegal and an offence under Sec. ,18 of the Police Offence? Act, 19271 (2) This is also an offence under the above section. PROPERTY RIGHTS. Q,: My neighbor intends to fill m his section, so that all 7 its surface water will run on to my property.. Have I any. remedy? — "An. Uncertain Constant Reader" (Auckland). y A.: Yes. You can force hip to prevent the water running on to your property. He will have to drain It m such a way that the water ia carried off; Q.: (1) Can a neighbor prevent my draining my land into'' a creek which flows . through her property? (2) Can the Borough Council. compel me to pay sewerage rates when they have not yet connected my property with the system?—" Ratepayer" (Marton). A.: (1) No. (2) Yes. I

HOUSING AND RATES. Q.: I rented a houses at 80/- per week payable fortnightly for one year. When the year ran out I continued m possession still paying the same weekly rent. I claim that I am bound to give a week's notice only, but my landlord insists on a month. Which is right?— "A.E.P." (Dunedin). . A: You must give a month's notice. Wherever a lessee holds over, after tne expiration of a term without any fresh agreement a month's notice must be given, even if the rent has always been paid weekly. . MAINTENANCE, Q,: The father of my Illegitimate child is now In gaol. Can I get affiliation and maintenance orders against him now or must 1 wait until he ls released? — "Anxious" (Napier). A.: You can proceed against him now. He will be taken to court to defend the matter if he wants to. GENERAL. Q.- I am the owner of certain shares In a 'company, the prospectus of which states that calls will be made m. sums of 17- at intervals of not less than two months. The company has now jgone into liquidation and four-fifths of the amount of the shares has been called up by the liquidator at one time. Am I liable for this amount?— "H.T.' (Christchurch). A.: Yes. On liquidation the whole of the money unpaid on the shares becomes due to the company and you can be sued for "i payment. This I applies to both the 1 ordinary and the | preference shares. * Q.: Some time I ago I was m busiI ness m leased If premises, and sub--11 sequently went !l bankrupt. The ji next tenant has if been carrying ori |I business for about 1 1 six months, and jl refuses to paint s| out my name over j| the shop. Can I 1 compel him to do | this? — "Ngakonul" 1 (Martinborough). 1 A.: Yes. He has no right to trade under your name. j Q.; An illegitimate girl regisI tered m h<jr " mother's name was taken by foster . parents and brought up by them m their name, she being unaware of her true . .parentage. Having attained 21, can she register as an elector under the foster parents' name? If not, can she be legally adopted without publicity?—"W.J.l." (Ngaio). A.: It is the legal right of everyone to change his name. She has acquired the foster parents' name .by user and is absolutely entitled to register under that name. Adoption is impossible as the girl exceeds the statutory age fixed by tb.e Infants' Act. Q.: We were recently visited by a nurse who Insisted oh inspecting our house.. She told us that we must provide more furniture and rtiade other criticisms of our children's welfare. What is her authority for this intrusion? — "Fed Up" (Nelson). A.: This woman, who is presumably a child welfare officer, has no power to enter your home. Q.: (1) A shop assistant paid weekly (week commencing Friday) is dismissed notice on the Tuesday evening previous to Easter. Is he entitled to be paid for the balance of the week and Easter holidays, besides the one week's pay m lieu of notice? (2) An employee obtains a fair amount of credit from his employer. Can the employer sue the now ex-employee for a small balance owing?— " Constant Reader" (Gisborne). •A.:( 1) He can claim his wages for the balance of the week and one week's wages m lieu of notice. (2) Yes. Q.: Is there anything to prevent the letting off of fireworks at a children's party?— " Colonial" (Timaru). A.: There is nothing Illegal about it, but you might become liable for any damage done. MORTGAGES. Q.: As mortgagee I recently bought m a certain property. There are various chattels belonging to the late owner still on the land. What is the legal position In regard to these?— "Mortgagee (Timaru). . A.: They still belong to the late mortgagor. You should, write to him and tell him to remove them.

U'lilllillllllllliillilllllllllllllillll|llllllllllllilllllliu__iimiiinin>uniniii>iimni"niii «.j Independent? | Q.s If a girl 18 years old j leaves home, can her _ parents | force her to return? Is it neces- | sary In order that she should | maintain her independence tji^t 1 she should earn her own liv- | ing or may a friend support i her while she is away from | home?— -"Uncertain" (Wanga- i nui). , 1 A.: If you mean that you intend to , contract an illicit alliance with a man your parents would have good reason to compel < your return. They * oould take out a writ of habeas corpus, m which case you and your friend would be bound to appear before the judge to explain the position.., j