INQUIRERS' CORNER

NZ Truth, Issue 1187, 30 August 1928, Page 18

INQUIRERS' CORNER

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HOUSING AND RATES. Q. : I recently agreed to rent a house for two years. The landlord said he would get his solicitor to draw up an agreement and I agreed. No mention was made of the solicitors' costs. I have, now received an account for £4. Am I bound to pay it? — "W.C." (Day's Bay). A.: Tes. The tenant pays the hindlord's solicitor as well as his own if he employs one. LEGAL. Q.: My wife purchased a property recently without my knowledge. Do I incur any liability under the contract? — "Subscriber" (New Brighton). A.: No. Q.: My son, who was over 21 years of age, had an illegitimate child. The former has now disappeared. Can Ibe compelled to maintain the child? — "Subscriber" (Rangiriri). A.rrlf you are of sufficient ability to do so you can. You are a near relative of the child as defined by the Destitute Persons Act. Q.: A. buys part of farm from B. (1) Is it necessary for A. and B. to get ground surveyed before transfer is granted? (2) Are transfer and the title deeds one and the same thing? (3) What would transfer cost, the price being £100?— " Anxious" (Marlborough). A.: (1) Yes. (2) Not m the case of land transfer land. (3) About £7 not including the cost of the survey, which falls on the vendor. Q.: "While under 21 years of age, I had certain repairs done to my motorcycle. The garage proprietor knew that I was under 21. Can my parents be compelled to pay this debt?r— "Constant Reader" (Wellington) . A.: No. Q.: My father gave me a violin. I have since left home and my stepmother refuses to part with it. What steps, if any, can I take to recover i t? — "Triple" (Christchurch). A.; You can sue for possession of the instrument. The onus of proving the gift will be on you as you are not m possession. To constitute a title by gift you must show, not merely a promise by your father, but actual delivery. Q.: I posted a certain sum of money m an unregistered letter, ,but received no acknowledgment, and was later informed that the money had not been' received. Subsequently a clerk of this firm was arrested for theft of the firm's money. In view of the* circumstances, can I be forced to pay a second time? — "W.J.S." (Wanganui). A.: Apart from the thefts by the clerk, the rule is that you will remain liable for payment, since you did not take proper steps to see that your money reached its destination. However, it is a question 9t fact on all the circumstances whether the money did reach the. firm. If you defend you may be able to show from the facts that it is more probable that the money was stolen than that it was lost m the post, and if so the magistrate should I decide m your favor. Q.: A sold a property to B for £7600; £2600 cash, balance on mortgage for term. A's solicitor charges A £17 17s. for perusing transfer, saying that is the scale charge. Was A liable for that amount or should B have paid it?— "Reader" (Stratford). A.: As A employed a separate solicitor he was liable for the charge 'which is m respect of the transfer. Had the same solicitor acted for both parties there would have been no charge to the vendor. Q.: I had a letter sent to me through the post, containing offensive and untrue statements about myself. Can I take proceedings for libel against, the sender of the letter? — "Constant Reader" (Wellington). A.: No. In order to constitute a civil libel there must be publication — that is, the untrue statements must be communicated to some third person. However, if the matter . were particularly offensive it might be possible for you to proceed criminally, and m that case publication would "not be necessary.

MARRIAGE AND DIVORCE. Q.: (1) As a result of my mother-in-law's interference m my house I was obliged to order her out of the place. My' wife then left me and refuses to return, although I am still anxious to take her back. Can she divorce me at the end of three years? (2) If my wife maintains our children without support from me, will that strengthen her claim to a divorce? (3) Until what age can I retain control of the children? (4) If I obtain a separation from my wife and custody of the children, could I have them adopted without my wife's consent? (5) Up to what age may I have them adopted ?— "W.R." (Invercargill). A.: (1) No. (2) No. (3) 21 years. (4) No, unless you could satisfy the court that they were deserted children as far as their mother was concerned. (5) 15 years. Q.: An illegitimate child aged 19 wishes to marry. She has been living with her father for 17 years. Which parent's consent to her marriage is necessary?— " Nova Scotia" (Dunedin). A.: Her mother's. Q.: I have obtained a decree nisi against my "husband. Can I marry again before the decree is made absolute without being guilty of bigamy? —"Fed Up" (Wellington)/ A.: No. Q.: (1) Is. it m order for a man and his wife to make an agreement to separate on or after a certain date at the wish of either party? (2) If the wife agrees to the inclusion of a clause that upon separation she will not claim maintenance, could she subsequently seek maintenance through the court, and if she did is it likely that an agreement between the parties would be overruled? (3) Is it, essential that witnesses to signatures should know or should read the contents of any document they may sign? — "Guidance" (Wellington), A.: (1) ' No.. Such an agreement is void, being, contrary to public policy. (.2) She would not be prevented, fro m claiming maintenance. (3) No. But - every prudent witness should read the attestation clause to verify that he is signing as witness only. It is better to tell the witness the general nature of the document so a s to fix it m their memory should it be necessary to call them to prove execution. Q.: (1) Is it necessary to produce a birth certificate when applying for a marriage certificate? (2) I have been brought up under my foster-parents' name and have used it for 21 years. Can I be married under this name? — "Not Sure" (Palmerston North). A.: (1) No. (2) Yes, you have acquired it by user and can use it for all purposes. Q.: Where a married woman has a child more than nine months after she has separated from her husband, is the latter recognized by law as the father of the child?— " Scrub" (Masterton). A.: Yes, unless he can prove that he has not had access to the mother and that the child is illegitimate. MAINTENANCE Q.: My husband and I are separated under an agreement by which I am to receive £2 per week for my children and myself. I now find that this is not sufficient. How can I obtain more? — "Constant Reader" (Christchurch) . A.: If your husband will not consent to an increase, you may apply to the Magistrate's Court for a maintenance order. MORTGAGES. Q.: What time, m law, is allowed to a, mortgagor m which to lift or to rearrange a mortgage? — "Hard Pressed" (Little River). A.: Unless the mortgage contains some special provision granting time, which would be very unusual, the mortgagee may call m and sell immediately. If, however, the mortgagee accepts interest for a period after the due date he must give the mortgagor three months' notice.