INQUIRERS' CORNER "

NZ Truth, Issue 1184, 9 August 1928, Page 18

INQUIRERS' CORNER "

>jpß% ;«^ A If Answers will be published as early a» possible after receipt ; off ■ if. questions and so far as possible m order of rotation of raoeipt. | |l All letters must be written In ink and be addressed "Interpreter II c/b "Truth," Manners Street, Wellington. Whilo we tak^no i| responsibility for any answer given m these columns, every II endeavor will.be made to see that they are, absolutely^oorreot. | II Answero to legal queries must be aocepted. merely as • „ ■ II guide as to whether or not it is worth while flomfl^to the. ex- § I 11 pense of placing matters Inquired about m. the hands ot a ■ i| solicitor for further action. ... : . ' ,t_i ■ ' ■ * i| No replies can be made by post. No anonymous Inquiries ii will be answered, and inquiries of this nature will not be P™f • i| ■ served. Frivolities and questions not of general Interest will |j „ not be answered. . ' „ . . ' 111 1 1111" 1 1" 1 " """""""" . . ;

HOUSING ANt) RATES. Q.: Is a landlord permitted to give two separate, receipts, bearing same date, for two Weeks' rent received on the one day when each weeks-r ent is under- £2 but over £2 m the aggregate? If so, why?— " Hot Lakes" (Rbtorua). •'•'.'". . '•.■■■ A.: The answer depends entirely on whether the magistrate thinks the separate receipts were given "with intent to avoid the payment of duty." This question has been dealt with before m this column with respect to receipts given m rent-books where it had been the practice of the landl6rd. to sign for each week separately. Two magistrates m Wellington had decided that it was permissible for the. landlord m such circumstances to split the receipts—he- did so as^a matter. ofi< practice—there was no proof that h7e split the receipts to avoid the duty — and the question was answered accordingly. But it does not appear that the same conclusion would necessarily be come to m the absence of a. rent-book or under other circumstances. However, intent to avoid "the duty* must m every, case be proved. • PROPERTY RIGHTS.. Q.: An elderly couple have property m their joint names. In the event of the death of either, would the survivor get the other's property if no wills are made?— "W.DMcW." .(Auckland). A.: If they hold the freehold. as tenants m common, and if . they have no children, parents or brothers and sisters, the survivor* will take all; otherwise he or she will have to share wijth these other relatives." Death duty will be chaf ged m any case. If, however, they are joint tenants of the freehold, the survivor automatiially takes the whole." -;" ' MARRIAGE AND DIVORCE. Q.: In a marriage declaration,- a man left put one of three Christian names, Does this amount to making' av false declaration ? — "Notice" \(Hawera). 'S '. A.: No. It . is simply an err.br made without bad intention.: „'-"- ' : y : j. "V; : ,Q.: I married m 1918 and^jny hu»-;i band, deserted me "H ' ;??.-

the next year. I have not heard of hini since. Can I remarry without obtaining a divorce,? -i- "CM;" (PalmerstonN:). . A.: ; You can do so without exposing" yourself to the possibility of ' a prosecution for , bigamy, but if Your .husband subsequeritly appears, your second • marriage will . be , void and" the children illegitimate. Qit I have separated from my wife, she being too fond of other : men's company m ' the way of pleasure' and moonlight, flutters/ but is a igood housekeeper and mother. lam to support the children, but not my wife,

she claiming cus- . . tody. ' Can she obtain a divorce after three years? — "Constant Reader" (Reefton). ' ' ■ ' • . ; A.: She will unless you defend her petition, and prove to. the satisfaction of the court that the separation was due to her "wrongful act or conduct.' It will depend on all the circumstances as to whether the court will hold her guilty of wrongful conduct. Your particulars are very vague. ' Q.:. My wife and v l are separated under an agreement. . She has- now adopted another name. Can I prevent her doing so without obtaining a, divorce?— "C.J.T." (Invercargill). A.: You have no remedy. WILLS.. '• Q.: Is every member of a family entitled to an equal share m ' their father's estate where his will provides for different' shares?— "The Mug" (Wairoa). , ; " . A.: No. Freedom of testamentary i disposition is one of the principles of English law. The only restraint on it in-New Zealand 1b under the Family ' Protection Act, 1908, whereby a member of the testator's vfamily may apply • to have reasonable provision made for him. You do not allege that any mem- . bers of your family are unprovided for or otherwise have some special claim, and therefore they, have no remedy. MAINTENANCE. ' , : ; -, Q.: (1) ,My , husband has sent our daughter aged 19 :ay ay to live with strangers, ' leaving me- without assistance of any kind,, although Lara m very bad; health.- He gives me no money 'and Jias told me %o get out. If I ■go can I claim maintenance from hirii? (2) Can' I take my own furniture with' nie?— "M:C:' ? '(Hastings). \ .. A.: (1) Yes, you can apply undeiv.the. Destitute Persons ■ Act for separation and 'maintenance orders; The daughter' is old enough to exercise her own discretion as to whom she remains with. (2) Yes, '• : ' : • : . v •

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U ...:'%:• I verbally agreed, .to take if II up a "bond" m a forestry com- |i %l pany. After paying a few m- 11 §1 stalments I decided to let it |f ii drop^ Can the company, sue || II me for the balance?— " Bluffing" || !i (Invercargill). : ■ -if || A.: If 1 the bond were really a|| \\ share m the company you would || || be bound to pay. If, however, 1| \l the transaction as the word im- 11 ■ il 1 plies were really a loan, then |i, \\ the rule is that^the court does || |i not specifically enforce such '.i| ii contracts, leaving the borrower H ii to sue for damages and prove || If what they had; actually lost. If, |f H as you say, the agreement on |f II your side is verbal only, and the || || bond is secured ,oh the ' oom- || 11 pany's land, you may have, the | |1 defence. that the claim is alto- | || gether unenforceable as not § |1 being In writing. -. | iAiiniiiitiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiniiiiiiiiinmiiiiiiiiinriiniiiiiMiriiiiiiiiiiiiiiiiiiiiiiiiiiiiinnini.li iimniiiiiiiiiiiiiiiiiHiiiiiiiiiiiiiiiiiitiiiiiiihß

WAGES AND PENSIONS. Q • I am ft married woman over 60 years of age. Can I claim past pension which is available to women, at 60, years of agei How much money am I allowed m Post Office?— " Constant. Reader" (Kaiapoi)., , >• A • You cannot dlalm back pension. You'are allowed £ 50 before any reduction is made m the full pension,, but as you are' married your . husband 3 property will bo taken into the calcur lation. ' y , Q • I am m receipt of a war pension. , T . If I should, marry would my wife be entitled to a pension also? — "Single' (Auckland). . • : .. ;'' ■ . ■ A:: No. ..'-. .■■'■'.;. ... •'- V ■ Q.-J 1 am a' widow m recßtpt.of a war pension of 15/- per week and also . an economic pension of £1 per week. Can I apply for thi old age pension when I reach 60? — "Widow 1 ! (Petone). A.: No., ' ■■•.■-. ■ •' '■•■./•' . COMPENSATION. Q.: The, Supreme Court awarded me ■ damages against a motor-car driver as compensation for , injuries received m a motor smash, What steps, can I take to recover the damages awarded? * —"Finality" (Island Bay). „' _; A.: You may issue a writ of execution under which, his property may be seized and sold, or you may have him adjudged bankrupt. ' LEGAL.. ,■ ■ ; '. '■•■„.'■,.■ Q.: I agreed to purchase a- book from a canvasser. I now find 1 that 7 I do not require it and I wrote cancelling, the order. In reply, the firm stated' that' under the provisions of the Book Purchases Act, they are forbidden to cancel such an order. Is this correct?; — "A.8.C." (Mataura). ... •'. A.: No. There Isino such Act now In force m New Zealand. The provisions of the Book Purchases Act of: 1891 are now incorporated m the Mercantile Law Act 1908, but there is certainly no such" provision as the one mentioned. What the Mercantile Law Act , does provide is that any agreement for ; the purchase of a book or work of art ; such/ as the en-

largement or a photograph, is absolutely void unless it is m writ- . ing on a form; on which the following words are printed, m red .letters of a certain size: "The total liability of the purchaser under this agreement is •- £—",'. and the wording of the form is written or printed m black across arid subsequently to "the printing of such red letters. A copy of the agreement must also be handed to the purchaser. If these provisions wer, c not complied with j you can refuse to take the" book. : /Q.: What ,should ■ be the cost of a tr ansf er for" a

tnree years- lease for 1 a small mixed business? — "S.L." (Christchurch). A.: It is impossible to say unless particulars of . the sale price, etc, are" given. : Q. : I ordered a machine for £20. I later received an account for £39 for it,- which I.refused to' pay. The maker obtained judgment' against me> for the fq.ll amount, although I defended the case. What is. the position m regard to,.. this money? — "G.R.G." (Auckland). A. : Since judgment .was given against you on, the merits of, the case, you cannot now dispute' the amount. The creditor can force you to pay the full amount and can sell the machine un-r der distress warrant. GENERAL. > Q.: My son is t|de father of an illegitimate child now aged 9 months. I took the baby when one week old,v arid have received ng money from him and do not know where he is. Can I adoptchild?—"Buz Buz", (Te Aroha), „ A.: Yes, provided the mother of the child consents. - ■ : Q.: (1) Can I legally adopt a child of my wife's 'born out of wedlock arid change' her name to , that of mi'ns? (2) if so,.ho'w? The child has attained the age ! of 14 years and has her mother's maiden name.:— "Anxious" (Waimaic;)' , , A.: (1) Yes. (2)*lt will be necessary to, go to a solicitor to hxve the, necessary documents , drawn. The adoption must be completed before the child reaches 15 years of age. i Q.: Can a minor be sued for debt? — "Anxious" (Auckland). A.: If the debt is incurred for necessaries of life, such as food; clothing, etc., his liability is the same ;as that of a person of full age. If the debt is incurred for, something other than a necessary, the minor may avoid the contract m certain cases, although he cannoi 'retain the benefit of the contract and then escape, liability.