INQUIRERS' CORNER

NZ Truth, Issue 1189, 13 September 1928, Page 24

INQUIRERS' CORNER

kinmiiiiimiminininiiiiimiiiiiimiimmniimiMi «__ j. -i-j l iiihitbddDßTCß »» «tnimmiiimiiiinimiinramimmiiniiii"|[«ii[|» & viuuiiiiiuuitiiiuiiii iiiiiiiuiiiiiiiiiiiiiiiMi Conducted by "INTERPntTtn. SuunimjimiimimJintiiiwuimujnimimww 11 Answers will be published as early as possible after receipt of questions and so far as possible In order of rotation of receipt. j All letters must be written m ink and be addressed "Interpreter i 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 correct. Answers to legal queries must be accepted . merely as a ] ] guide as to whether or not it is worth while going to the ex--1 pense 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 will not be preserved. Frivolities and. questions not of general interest will ; j. not be answered. . ' ?l!!l!!!!!!"!!""!"""""! m "" ram ™ imi ' m "m»'n'tw»«"mmnrominm tfniiiiniiii!iiiiiiiiiiiiiiiuitiiiiiniiiiiiiiiiitiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiitiiiiiitiiitiiiiiftiiiiuuiiuuuiiiuriitiitiiiiuiiiiiiiiiiitniiiiiiiiiiiiiiii>iii lllllllnlllllltnlkl " >rl>l

MARRIAGE AND DIVORCE.

I COMPENSATION.

Q.: I am living apart from my wife without an agreement of any kind being entered into. Can I, at the expiration of three years obtain a divorce? — "JiN.W." (Mosgiel). A.: Not if you deserted her or were the cause of her deserting you, unless m the last case she does not defend the case. MORTGAGES. Q.: I sold a property and took a mortgage over it for the balance of the purchase price. The mortgagor Is unable to pay, but his wife has substantial means. Can I claim the amount of the mortgage from her?— " Auckland." A.: No. She is m no way liable to you. . Q.: A mortgage on my property has nearly reached the end of its term. I have always paid the interest, but I am unable to repay the principal. What is my position? — "Very Worried" (Fr'ankton). A.: You may be able to arrange an extension of the mortgage for. a further period, or else arrange a new mortgage. It may be possible for you to sell. If you cannot do this and allow the mortgagee to sell the property, you will be liable for any loss the mortgagee may suffer. BANKRUPTCY — ) v Q.: (1) I was adjudicated bankrupt two years ago on my own petition; what would be (about) the legal charges a solicitor would make m getting a. discharge? (2) If I started business m my own name, could the creditors concerned m my insolvency claim against my new business m any way if I paid cash for my purchases? — "Regular" (Oamaru). A.: (1) About £10. (2) They can claim anything which comes into your possession or disposition before your discharge. MAINTENANCE. ■ ■ . . / Q.: My age is 18. My mother died at my birth and my father left me with my mother's sisters, who brought .me up. My father has paid nothing to- I wards my main- I tenance. Can I. \ claim something f from him now m j order to help my [ aunts? — "Hopeful" i (Dunedin). 1 A.; Your aunt f should have ap- ] plied for a main- j tenance order be- ! fore you were 16. j As it is your only j chance of obtain- j ing an order is to I convince the ma- i gistrate that you I are a destitute | person, 1.c., that I you are unable to I support yourself. I Q.: My wife ap- f plied for a main- | tenance order I against me for J herself and child, | and was unsuc- L....................... — cessful. Ca n I be ; compelled to maintain her m the absence of an order of the court? — "A.8.C." (Christchurch). A.: .It always hard for a husband to escape liability for his wife's maintenance,, but if she defies the court when ordered to' return to you you will be relieved of liability. You must continue to support the child. WILLS. Q.: The beneficiaries under my father's will agreed to one of the trustees purchasing part of the trust property. Subsequently we discovered that it had been sold very much under its true value. What is the position? — "Anxious" (Alexandra). A.: The sale may be set aside. It is one of the basic principles of the law of trusts that: the trustee shall not make any profit out of the trust. \ . Q.: My brother died without a will and I employed a solicitor to wind up his estate. I ' gave the solicitor my brother's Post Office Savings Bank book. The solicitor is now missing. How shall I act?— "W.E.L.." (Wellington). . A.: If the money is drawn you are probably too late, Write to the Postmaster, notifying that you cancel the solicitor's authority to act for you, and stating the circumstances and asking what has been done. PROPERTY RIGHTB. ; Q.: Am i entitled to float logs down a creek which runs through neighbors' land, without seeking their permission? — "Constant Reader" (Opunake). A.: No. You will, render yourself liable to prosecution for trespass. INSURANCE. Q.: A life policy lapses on January 10 and the assured died at 2 a.m. on that date. , Can relatives recover? — "Insurance" (Greymouth). A.: Yes. The law does not take into account fractions of a day. ; , Q.: I have taken a fire insurance policy on our house for £450. The insurance agent wants to bring it down to ; £250. Can he do it?^- r "Anxious" (Waimate). » ■ x. A.: Every company on notice to the Insured and on returning • a^ proportionate part of the premium can cancel the policy.

Q.: (1) I met with an accident at work.. After being laid up for several weeks I got a doctor's certificate saying I was fit to resume work. After working for a few days I found that owing to the previous accident I waß unable to continue work and was again laid up. Am I again entitled to the benefits of the Workers' Compensation Act? (2) When resuming work my employer produced a document and asked me to sign it, which stipulated that if there was any recurrence of the trouble of the previous accident that he would be exempt from any further liability to me. (a) Am I compelled to sign it? (b) If I sign does it debar me from claiming compensation if I am again laid up owing to the previous accident ? — "lnterested" (Auckland) . A.: (1) Yes. (2) (a) No. (b) No. LEGAL. Q.: A certain man disappeared some two months ago and after. some time certain persons inserted an advertisement m a newspaper, m which they offered to pay £50 to "Anyone knowing his whereabouts or can give any information as to his movements that will lead to his being found." Subsequently the missing man's body was discovered floating m the Wellington harbor. The finder notified the police, and, subsequent to the inquest, applied to the advertiser for the reward. The, latter refused to pay. What is the finder's legal position m regard to the matter? — "Reward" (Wellington). A.: It is well known that a person, who, with knowledge of the offer of a reward for the return of a lost article, returns it to the person making the offer, has a legal claim to the reward. Two points have to be considered m the present case, however. , First: Did the finder know of the offer of the reward? Second: Did the finder, m notifying the police of- the position of the body, comply with the conditions upon which the reward became payable? In regard :to the first point, there is considerable confusion among the authorities as to the necessity of knowledge of the offer. The most general' and logical view seems to be that a person who ac-r cidentally compiles with . the terms of the offer, without knowledge that there is, m fact, an 'offer at all, cannot accept the offer, which, until it is accepted, is not legally enforceable. If, therefore, the finder m the.present case merely saw a human body floating m the water and notified the police, as any ordinary person would do, and subsequently discovered that the reward was offered, there is some authority for saying that he has no right to the reward; With regard to", the second point, it is necessary to consider whether the finder actually gave the information which would qualify him for receipt of the reward. It appears from the wording of the advertisement that the reward would be paid to "anybody knowing his whereabouts or can give any information as to his movements that will lead to his being found." It may be argued that the meaning of this is that he must be found alive, but there is no support for such an argument.; All the finder is required to do is to give information which' will clear up the doubt as to the missing man's fate; it is not necessary that as a result of the information, the friends are to have the benefit of the future companionship of the deceased. Therefore, the finder must, be neld to have complied with the terms of the offer. The only point m doubt,.therefore, is whether the finder was' aware of the offer when he supplied the information to the police and whether he had some idea that the body might be that of the man for whom the offer was made. If he was aware of the offer when he .found the body, then he is clearly entitled to the reward and the advertiser Is legally bound to pay it. GENERAL. Q.: A. and B. tender for buttermilk, tenders closing on July 81 B. is,. a director of the factory, and on August 1 rings the. secretary and asks him to open • the tenders, which he does. Directors meet one week later and accept B.s tender, which was £4 higher than A.'s. Was B. m order? — "Fair Flay." A.: No. You do not say that B.s tender was not m b,y the 81st, but nevertheless B. as a director of the company, unless authorized by the articles, which is unlikely, cannot make contracts with the company for profit. Q. : Is it necessary that a borough councillor should be a ratepayer m the borough for which he is returned?— "Ratepayer" (Napier). ■ ; A.: ' No.. A merely residential qualification will enable him to hold office. Q.: I have been working for myself for three years away from home and am 18 years old. . Can my parents stop me from going to Australia if I want to? — "Constant Reader" (Atiamuri).