INQUIRERS' CORNER

NZ Truth, Issue 1190, 20 September 1928, Page 18

INQUIRERS' CORNER

rgiliJS!^si^r!lsJSisT^^7n;;;^^;m^ss^iC o n d u o^e d by w aaassis^iSnMSiiimi^ln}'| i: Answers will be published as early as possible after receipt of I § ;| questions and so far as possible m order of rotation of receipt. 1 I All letters must be written m ink and be addressed "Interpreter," I Ij c/o "Truth," Manners Street, Wellington. While we take no | jl responsibility for any answer given In these columns, every g |l endeavor will be made to see that they are absolutely correct. | |j Answers to legal queries must be accepted merely as a § 1] guide as to whether or not it is worth while going to the ex- % I s pense of placing matters inquired about m the hands of a || || solicitor for further action. gl |i No .replies can be made by post. No anonymous Inquiries if ij will be answered, and inquiries of this nature will not be pre- ji Ij served. Frivolities and questions not of general Interest will II |i not be answered. h §■■■' . . i| gJimiinNiimiiiiiicmiiiniiiiimmimmimimmiimiimnmctmtmmimtmiiiMNimimmimHiiimmucmmimiHmmiim niHiiiiMiiiiiiiiiiiHiiiiitiiiiiiiiiiiiiiiiiiiiiiiiitiiiiitiiiiiititiiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiiMiiiiiiifiiHitiiHiiiiiiiriiiiiiitiiiintiiiiirtiiiiiiiiiifiiiiiiiiii'iiMiitiiiiffiiiitiiiiirHniiniiiititiiiniciiiiriiiiiiiiitiiiiiii'tv?!

HOUBINQ AND RATES. Q.: I rented a house for twelve months. After ten months had elapsed I found the rent was too high and approached the landlord who agreed to a reduction. I then agreed to stay for another season and the landlord promised that the rent would not again be Increased. About a month later the landlord notified me that the rent would be again increased. Can he do this m view of his agreement? — "A.W." (New Plymouth). A.: If the period for which you agreed to stay when the rent was decreased was one year or less, the landlord will be bound to accept rent at the lower rate. If, however, it was agreed that you were to stay for longer than a year, the agreement will be unenforceable unless m writing and he will be entitled to. raise the rent at any time on. giving you. one month's notice. PROPERTY RIGHTS. Q.: I desire a wooden fence between my property and the next section. My neighbor considers a post and wire fence sufficient. Can I compel him to pay half the cost of a wooden fence? — ■ "Addington (Christchurch). A.: You should employ a solicitor to Berve a fencing notice on your neighbor. He may then serve a cross notice on you and if no agreement can be reached the matter may be referred to a magistrate for settlement. Q.: My neighbor, m order to. prepare foundations for his 7 house, exoavated his section, leaving a bank fifteen feet high between my property and his. This has now fallen. Am I responsible for replacing the material which has been deposited on his section? — "Worried" (Wellington). A.: If a man, m excavating, interferes with the natural support of his neighbor's land he is responsible m damages for all injury suffered. But he is not liable to support the weight of any building that you have erected on your land. If, therefore, he can prove that the cause of the slip is not his excavation, but some additional weight, whether building or filling m, that you have placed on your land, he will escape liability. On the facts n,-s you state them you would appear to have a good claim. Prlma facie his cutting down is the immediate cause of the trouble. MARRIAGE AND DIVORCE. Q.: I obtained a separation from my husband on the grounds of desertion. He is now threatening to commence proceedings for restitution of conjugal rights. Can he do bo ?— "Anxious" (Herne Bay). A.: The fact that you are judicially

separated will be a good defence to any such proceedings. He cannot divorce you. Q.: For an undefended divorce case a lawyer charged £86, the parties concerned agreeing to pay half each. The costs have been paid exoept £6, for which the lawyer Is pressing. Can he recover? Is the charge excessive? — "Anxious" (Dunedin). A.: Without a full knowledge of the facts, it Is impossible to say whether the charge is reasonable. It is more than is usually paid. Your remedy

is to apply to tax the bill. The agreement seems to indicate collusion, .and if that Is so and the solicitor knew it, possibly he could not recover*. At all events he can only sue his own client. Q.: My daughter, a minor, obtained my consent to her marriage by telling me that she was going to have a child of which her husband was the father. I subsequently found that this was not so. Can the marriage be declared void?— " Sincere" (Raetihi). A.: No; once solemnized, it la binding even if the consent is obtained by misrepresentation. • Q.: My wife refused to live with me and I have not seen or heard of her for nearly four years. Can I sue for divorce on grotfrcds of desertion ?— "H. 8." (Auckland). A.: Yes. She may be able to defend the petition, however, on the ground that what you call desertion was justified by your conduct. Q.: Is it legal for second cousins to marry? — "Constant Reader" (Te Horoa). A.: Yes. WILLB. Q.: (1) Where can I secure a copy of a deceased person's will? (2) What would be the cost? (3) If trustees under a will fall out with certain other members of the family who are beneficiaries under the will, can the former prevent the latter obtaining their share of the estate?— "F.M.C." (North Auckland). A.: (1) From the Supreme Court Registry where the probate was granted — 1.c., the Registry nearest the place where deceased waa resident. (2) 12/6 (about). (3) No, the court will compel the trustees to carry out the trust. WAGES AND PENSIONS. • Q.: I am a widow aged 40, with no children, and own two houses. Am I entitled to any pension? — "Anxious" (Wanganui). A.: You cannot obtain the widow's pension unless you have one or more children under 15 dependent upon you. Q.: I have three young children* under 8 years of age and my husband receives £12 per month. We have no other income. Are we entitled to any pension? — "M.M." (Fairlie). A.: You are entitled to 2/- per week under the Family Allowances Act. 1926. GENERAL. Q.: Could you inform me whether the interest on a Government loan, when due, is for the past six months or paid m advance for six months? — "Anxious* 1 (Gisborne). A.: The interest on Government loans Is never charged In advance. Q. : Would you let me know the value of an old violin belonging to a friend of mine? He has been told that it Is a very valuable instrument. Inside the instrument is the following inscription: "Nicholaus Amatus fecit m Cremona, 1687."— "Constant Reader" (Kaikohe). A.: If a genuine Amati, it would be worth upwards of £800, but as there are numerous Continental firms floodIng the market with spurious instruments, it would' be difficult to find many reliable assessors m New Zealand; We suggest you communicate with M. de Mauny, 290 Oriental Parade, WellJirgtoa.

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LEGAL. Q.: I executed a bond m a forestry company and paid the deposit. The company now threaten to sue me for the instalments. Am I liable? In the event of being sued from Auckland, how can I defend?- — "Hard Up" (Gore). A.: This is not merely an agreement to lend money. You have actually covenanted to pay the instalments and it does not appear that you have any defence if sued. Should you want to defend, it will be necessary to employ a solicitor m Auckland and instruct him to have your evidence taken m your own town and transmitted to the court m Auckland. Q.: Some time ago I enrolled as a student with a correspondence school. After a month or so I found I ha,d not the time to spare and wrote explaining that I wanted to cancel and returned the books. lam not 21 and my parents know nothing about it. Am I liable? — "Dislike Paying" (Picton). A.: As to whether your infancy would be • a defence would depend on whether m all the circumstances the court would hold the instruction to be a necessary. Prima facie an infant can contract for instruction. If the contract is binding the measure of damage has been held to be payment of the full fee contracted to be paid. Q.: I had a cottage for sale and a lady wrote m 6 two letters offering to buy and stating the terms. I replied accepting. When the time came for completion she said she could not find the money. Have I any claim? — "Vexata Quaestio" (Greymouth)." A.: If the letters contain a sufficient description of the property to identify it, there ia a legally enforceable contract to purchase. Had a deposit been paid your remedy would have been to forfeit it. As it is you can sue for specific performance or notify the lady that you will proceed to re-sell at her risk. Q.: A representative of a .picture enlargement company fraudulently induced me to part with a family group, m order to make a picture of my mother. He persuaded me to sign an order form on which was marked "£4 45.," and when I protested he said I was under no obligation to take the pictures. Afterwards, I discovered the words: "No verbal statements recognized" and "It is understood that this order cannot be countermanded" m very small type. I immediately instructed them by registered letter to return the photo as it had been falsely extracted. They ignored the letter. Am I within my legal rights m refusing delivery? — "Artist" (Mangaweka). A.: The order was clearly induced by

fraud, and is therefore not binding. You are entitled to v refuse delivery and should do so. If the oom p a n y threatens to sue you ought to detend th« case. They hay« no claim at all. You have m addition the statutory defence under the Book Purchasers' Protection Legislation, none o f the requirements of . which were complied with. Q.: I lent a lady without the knowledge of her husband several sums, taking receipts, also two memoranda b y which she agreed

that her house was- to be security and agreed to give a security over specified furniture. How do I stand with reference to the security? Is the husband liable? — "Anxious" (Island Bay). A.: An agreement to mortgage "my dwellinghbuse" would be too vague to comply with the Statute of Frauds, especially as the lady was, you say, the owner of two houses. The agreement to mortgage the chattels is effective and can be enforced. Apart from the securities you can recover Judgment for the balance of the loans with interest. The husband Is not liable In any way. Q.: Prior to my wife's marriage she contracted a debt to a hospital for an operation. She promised to pay it as soon as possible. (1) Is she, now that she is married, still liable tor the debt? (2) Am I liable for the debt?— " Anxious" (Wanganui). A.: (1) Yes. (2) A husband is only civilly liable for his wife's pre-mar-riage debts to the extent of any property he has acquired from her by virtue of the marriage. The Destitute Persons Act, m the case of public hospitals, makes such claims Crown debts and as such recoverable from the husband and parents of the patient, but it would appear to be a condition of your liability under the Act. that you were married when the services were ren-; dered. Q.: My father., lent one son £1000 for five years at 3 per cent. Before the period is up, my father died. Can his trustees recover the £1000 immediately or else increase the rate of Interest? — "Anxious" (Dunedin). A.: No. Any transactions of the father before his death remain perfectly valid against his trustees. Q.: I bought from a travelling salesman three rugs on time payment for £10 ss. I now find the cash price is £4 13s. 9d. Can I repudiate? Can they charge that rate of interest? — "Fairplay" (Levin). A..: Unless you can show some fraudulent misrepresentation by the salesman you have no redress. If as you imply the excess is really interest, the transaction is not one that can be reviewed under the Money Lenders' Act. REPLIES. IN BRIEF "A Constant Reader" (Riverton): There is nothing to prevent your letting the house. — "Loan" (Waikouro): (1) Write to the Government Printer, Wellington. (2) Perhaps 4/-.— "Pomona" (Kalti) : If they sue you employ a solicitor to defend on the ground that the order does not comply with the Mercantile Law Act, 1908. If you let them know that you are determined to defend they will not sue. — "Anxious XYZ" (Taupo): You are entitled to a full fortnight's compensation. — "F.W. M." (Taihape)-: (1) Any patent agents will handle it for you. (2) The cost will probably be extremely heavy. — "Puzzled" (Taumarunui) : No. It costs money to secure the benefits of justice. —"Grateful for Advice": You will have to employ a solicitor and appear before a magistrate m his private room. The whole cost will be about £10. This is all there is In it.— "T.K." (Eketahuna) and "Anxious Fernjes" (Mangratalnoka) t You are on the wrong scent H« 1b not the dootor you htoft la mtiUL