INQUIRERS' CORNER

NZ Truth, Issue 1186, 23 August 1928, Page 18

INQUIRERS' CORNER

|oiiiiiiiiiiiiiiiiiiiuiiiinituuiiiiiiiiiiiiiuiiMiiuul WOndUOted by. "I NTERPnt TfcrW uinmuiiiii iiiiiuiimumi«umuimuiiuni|| || Answers will bo.published as early as possible after receipt of •If il questions and ao far as possible m order of rotation of receipt. y |1 All letters must be written m ink and be addressed "interpreter §= 1 o/o "Truth," Manners Street, Wellington. While we take no U 1 responsibility for any answer given m these columns, every f| I endeavor will be made to see that they are absolutely correct. || I Answers to legal queries must be accepted merely as a |§ I guide as to whether or not it is worth while goina to the ex« || penso of placing matters inquired about m the hands of a || ] solicitor for further action. If No replies can be made by post. No anonymous inquiries l\ ] will be answered, and inqujries of this nature will not be pre- \\ I served. Frivolities and questions not of general interest will i| ; not be answered. || " llHiliiiiiinr iiriiiiuttill ■•■iiiritiiitriiiiiiiiliiiiitiiiiitiniiiiiritilriiiiiitiiiitNiiifriitiiiiiiitiiiiiitliitiiiiliiiiiiiinii iiiliiliiMiliiiiiiiiiMiiiiiiitiiiuiiiiiiiiiiiltiiiiiiiiiiiltiinuiitiiiiniiMviitii.H; wuiiMMiuiiiiiiMuiuijjMMimiimiiiiiiiMiiuuiwuMMiuMMiiiuiiMMJMi^^

INSURANCE. Q.: In 1907 I took out a policy on my son's life. The policy has been fully paid up for 20 years. The total premiums paid at 3d per week come to £13, but the company only offer £11. The policy set out that a sum of £6000 had been set aside to pay bonuses to those that survived to participate. Have I any remedy? — "Life Insurance" (Kaiapoi). A.: You have no remedy. The fact that you receive back less than you paid is quite usual In industrial Insurance. The company.'^ answer la that for 20 years they have been carrying the death risk, also the high cost of collecting premiums at the homes of policy-holders. As to the bonus the company say that the £11 inoludes 10/- (your fair proportion) and you have no means of contradicting them. WILLS. Q.: lam an illegitimate child. My mother never married. If she dies intestate, will I be entitled to her pro--perty?—"Ramese H." ( ). A.: Yes. Q.: Can I be appointed a trustee under my mother's will although I am under 21 years of age? — "Doubtful" (Brighton). A.: Yes. MAINTENANCE. Q.: If a husband becomes mentally defective and if his estate is administered by the Public Trustee, who pays the wife £2 per week until the estate Is exhausted, is the' wife then entitled by law (having no other means of support) to secure any maintenance payment from the husband's well-to-do parents, brothers and sisters? If so, how much?— "F.B." ( Wellington). A.: She cannot obtain maintenance from them. LEGAL. iii i J Q.: "A." is employed by a dairy company as secretary. He supplies the factory suppliers with tea, which is paid for by the dairy company and deducted out of the suppliers' cheques. The company from which the tea is purchased allows the secretary 51bs. of tea with each chest purchased. " A " has not disclosed the fact to his board that he is receiving the 51bs. of tea. Is he liable to proceedings under the Secret Commissions Act? — "Cocky" (Rongotea). A.: Yes. Q.: I purchased a bond m an afforestation co mpany. After paying part of the purchase money, I I began to doubt j the bona fides of the company and paid no more. The company is now seeking to compel payment. Can it do so? — "Tika" (Hanmer). A.: Yes, it can sue you on the contract. Q.i, I am a widow with two children. We have been left penniless by my husband, who died recently. Am I responsible for my husband's medical expenses and debts? — "Urgent" (Wellington). A.: No. Q.: I sent a coat to be dyed. When it was returned I found that it had been l'uined, the material being perished. Can I claim the value of the coat from the dyer? — "Hard Up" (Hawkes Bay). A.: Yes, provided you can prove it was the fault of the dyer and not due to the nature of the material. COMPENSATION. Q.: In June, l926, my son, while apprenticed to a marine engineer had an accident, which was never reported to his employer. Some seven months later tuberculosis of the hip set m. The insurance company when approached after this refused to pay compensation on the ground that the accident was not reported. Have I any remedy? Two doctors say that It would be seven 'months before any ill effects were felt?— "R.T." (Rotorua). A.: The Workers' Compensation Act 1 states that no action for compensation shall be maintainable unless notice has been given as soori as possible after the accident. If the two doctors say that it would take seven months for the effects to show you can contend that your notice was given as soon as possible. MARRIAGE AND DIVORCE. Q.: When I married eight years ago I made a false declaration as to my ago. Am I still liable to prosecution for this? — "Wonder" (Wellington). A.: No. Every prosecution for an offence under the Marriage Act, 1908 must be commenced within three years after the offence was committed. '

GENERAL. Q.: When I was 15 years old I had a baby. This is 29 years ago. I have been married now 19 years and have a family of six. How can I stop people going around talking about what happened to me 29 years ago? — "Kate" (Timaru). A.: You have no civil remedy. Talk is the inevitable result of such misfortunes. Q.: A fire started by my neighbor spread on to my land and destroyed timber stacked there. Can I claim damages from him? — "Constant Reader" ( ). A.: The law as to the liability of a man who starts a fire was formerly nojt free from doubt. Cases have decided that he was m the position of an insurer — i.e., that he was liable m any event, but it is now well settled that he will be liable m damages only if he can be shown to have been negligent either m starting the fire or m his care of it. The facts that m your case he started the fire m very dry weather In country covered by scrub and without notice to you all go to show negligence, but the question on all the facts of the case will be whether he acted as an ordinarily prudent man would act. * Q.: I was charged with drunkenness and ordered by the magistrate to come up for sentence within 12 months. The probation officer had me arrested for failure to comply with his orders After being m custody for 22 hours, the magistrate dismissed the charge on the ground that I was not on probation. Have I any claim for wrongful detention? — "Constant Reader" (Dunedin). A.: Apparently the arrest was the act of the probation officer himself or :of a merely ministerial officer put m motion by'hirn. Consequently your claim would be for false imprisonment rather than for malicious prosecution. Prima facie you should have a claim as the probation officer should know who is committed to his supervision. At all events the proof of reasonable and proper cause lies on him. Q.: I took a contract to stump 20 acres at £2/10/- per acre. After doing an acre I found I was only earning 4/1 per day, and the owner refusing an increase I threw the contract up. Can I compel him to pay for the acre? — " Stumped" (Foxton). A.: No. The contract was entire, and unless you complete you can claim nothing. Q.: I was christened "Mary," but have always been known as "Marion." How should I go about having my name legally changed to Marion? What would be the cost? Could it.be done without publicity ?— "Enquirer" (Dunedin) . A.: It is open to everyone to change one's name, and you have legally acquired by user and reputation your present name. It Is hardly necessary for you to go through the formality of enrolling a deed m the Supreme Court at a cost of say £10, which, however, could be done without publicity. Q.: (1) If wife gets separation can she claim any furniture or household goods bought during married life with husband's earnings? (2) A child was insured when a baby for ten years; when time is up to whom should payment be made, mother or father? — "Curious" (Waipukurari). A.: (1) No. (2) This depends on who insured the child and paid the premiums. The policy usually provides that the money is to be paid to the proposer, his executors or administrators. Q.: A certain .doctor attended my wife' for several years. He did her no good, and a second doctor whom I then called m cured her m a few weeks. Can I refuse to pay- the first doctor's account, on the ground that his diagnosis was entirely Incorrect? — "Gaze" (Wanganui). A.: No. If such a course were open to patients, doctors would starve. Q.: Does a deed of gift from my husbarid to myself need to be stamped?—" Anxious" (Anama). A.: If the gift is. of land and no consideration whatever is given then the stamp duty will be 12/6; if of chattels, no stamp duty will be payable. Gift duty Is also payable on gifts of all property whether real or personal If the value exceeds £ 1000, the duty being payable on the making of the gift. The rate of duty is 5 per cent, from £1000 to £5000, increasing to 10 per cent.. for sums over £10,000. Q.: My neighbor has five dogs which □ontinuauy disturb us at night. Have we any remedy ?-r-"Constant Reader" (Newtown). A.:, You can write to him and tell him that'unless he keeps the dogs quiet you will take proceedings against him for nuisance.