INQUIRERS' CORNER

NZ Truth, Issue 1191, 27 September 1928, Page 80

INQUIRERS' CORNER

||:!;::ffiss=mmiZ!::;!;!iS!iconducted by "iNTERPRETER.'^:i!::!i!:r:::!!:!!=s::::!::::::=!:!!!:iip || Answers will bp published as early as possible after receipt of A - II questions and so far as possible m order of rotation of receipt. || || All letters mu3t be written m ink and be addressed "Interpreter, || |1 c/o "Truth," Manners Street, Wellington. While we take no =| 1| responsibility for any answer given m those columns, every || || endeavor will be made to see that they are absolutely correct. jU = | Answers to legal queries must be accepted merely as a || i| guide as to whether or not it is worth while going to the ex-- || || pense of placing matters inquired about m the hands of a || fl solicitor for further action. . . if || No replies can be made by post. No anonymous inquiries |I 1| wilj be answered, and inquiries of this nature willnot be pre- =| || served. Frivolities and questions not of general interest will |§ || not be answered. , || |iiiniiiiiiiiiiiiimiiiiiniiHiiiiiiiiiinHiiiiniiiiiiiiniiiiiiiiiiiiniiiiuiiiiiiiiiiiiiiiiiiiiiiii umiiiiiiimmiiiiiiiii i iiii»iiiJitiMiittituit«iiiii«ii>i»»ii««M;tijijtMMj«jj«J»i«»ii""«»M«""»«"»»^ B KmiiHiiiiiiinmnii iMumtHniiimimuiniiuiuiiMiuiHiMiimmmuiiiiiiHt ilium minimi miMiiiimiumiiiiimiiiimiiiuimiiiiiimiimfmiiiiiiimiiimmimriiiiimiiiiiiimiiiimi.,

MARRIAGE AND DIVORCE. Q.: I have lived apart from my husband for five years and have maintained myself during that time. Can I now obtain a divorce? — "Anxious" (Wellington). A.: You can do so if he deserted you or if separation was by mutual consent or if you were judicially separated but not if you deserted him, or , he deserted you owing to your misconduct, unless m this last case he does not defend the proceedings. Q.: I obtained a decree nisi recently and I have not yet paid my solicitor's costs. Can I have the decree made absolute without employing a solicitor? — "Anxious" (Picton). A.: The difficulties of proceeding without a solicitor would be so great that it would toe quite impossible for you to do so. . Q.: (1) I agreed to a separation order being made against me by the court. Does this entitle me to sue for a divorce m three years? (2) My wife has now gone to England. Can she j petition for a divorce under New Zealand law when the three years are up? —"8813" (Wellington). A.: d) Yes, m-ovided your, wife does not defend and show that the separation was brought about by your wrongful conduct. (2) Yes. Q.: I have extracted from a certain man , a written promise to marry me when I am divorced from my present husband. Can I enforce this promise? — "D.8." (Dunedin). A.: No, the law will not enforce a contract to marry under any circumstances. You will not be able to sue even for breach of promise under these circumstances, as such an agreement is regarded as contrary to public policy. Q.: I obtained a divorce with costs against the co-respondent. My solicitor now finds that the co-respondent cannot pay. Am I liable for my solicitor's costs?— " Anxious" (Onehunga). A.: Yes. v , PROPERTY RIGHTS." Q.: If a landslide occurs with the result that spoil is deposited on a neighbor's land, who is responsible for its removal? — "Constant Reader (Island Bay); ■ , ■ A.: The person on whose land the spoil is deposited will have to remove it at his own cost unless he can prove that the landslide was brought about by the wrongful or negligent act of the other owner. ' < < Q.: My neighbor has planted a tree immediately m front of a window m

COMPENSATION. Q.: My husband was killed m a railway accident four years ago. Can I claim compensation from the Railway Department?— " Anxious" (Epsom). A,: Even if your husband was an employee of the department, which you do not assert, you cannot prpceed under the Workers' Compensation Act because you are out of time. If you can prove negligence on the part of the engine-driver you can take proceedings for damages. WILLS, Q.: I made a will some time ago leaving everything to my wife. I now wish to vary this and desire to know: (1) Is there .anything to prevent me from making a fresh will and destroying the old one? (2) Should I notify the witnesses of the old will of my intention? (3) Can I enlist new witnesses to sign the new will? — "Codicil" (Wellington). A.: (1) No. (2) It is quite unnecessary. (3) Yes. Q.: (1) I want to draw up a will; is it necessary to go to a solicitor or can I purchase a "will form" and. fill it m myself? (2) Does it require to be stamped? — "Radio" (Wellington). A.: (1) If you prepare it yourself you run a very great risk of its being invalid. (2) No. MORTGAGES. Q.: I am walking off my farm aa I cannot pay the balance of the mortgage, If the place is sold and does not realize the mortgage, can the mortgagee come on me for the balance? — "Farm" (Auckland). A.: Yes. ' GENERAL. Q.: Can I compel a tailor to sell me a suit displayed m his window at the marked price — -"Thos" (New Plymouth). A.: No. He is not bound to accept your offer to purchase. The ticket is not an open offer to sell to anyone who walks m and purports to accept it; it is merely an indication that the shopkeeper is willing to negotiate to sell at {he marked price. The suit you saw m the window might already have been sold. .'..'. Q.: I am a territorial cadet and am employed as an apprentice m a newspaper office at 30/- per week. As I will have to do ,a week's drill, can I require my employers to pay me? — "Cadet" (Chrlstchurch). A.: They are not bound to pay you.

my ( house and abput two feet from the boundary. This will block my light when it grows. Have I. any l'emedy?—"Anxious" (Christchurch). A.; That will depend on the circumstances. Under section 26 of the Fencing Act, no person, whether for the purpose of making a live fence or otherwise shall plant any tree on or > alongside any boundary fence without the previous written consent of the occupier of the adjoining land. The penalty for ia breach of this section is a fine

In any case the week's camp is not compulsory if you are only a cadet, and nave attended sufficient evening parades. Q.: I have heard the man, I intend marrying is payin g maintenance for two illegitimate children by different mothers. (1) How can I ascertain "without any 'publicity if this is the case? (2) Is it possible to find out the place and the date on which the orders were made? —"Cynic" (G is - borne). A.: (1) The Child Welfare Department will probably be able to give you the

not exceeding £20, and the adjoining owner may, irrespective of the fine, enter and cut down the tree. But the effect of the, reported Supreme Court cases is to limit the apparent application, of this section. Thus it has. been decided that there can be, no entry to cut down the tree until the wrongdoer has been first prosecuted, that the remedy is against the person who actually planted the tree and not against the owner for the time being of the land, and that proceedings to recover a fine must be started within six months of the planting of the tree. There is no decision as to the mean-' ing of "alongside" m this connection. Q.: My next-door neighbor demolished a shed; one wall of which formed part of our dividing fence. I have now been served with a notice to pay half cost of erecting a fence. Am I liable for payment? — "Reader" (Wanganui). A.: If you cannot reach any agreement, you will have to take the matter to court and have it determined by a magistrate. It would appear that you will have to pay half. Q;: A neighbor's chimney /causes a nuisance In certain winds. Have I any remedy? — "Wadestown" (Kelburn). A.: If the chimney complies with the city by-laws, it is difficult to see that you have any remedy. The smoke nuisance is shared m common by all townrdwellers. The circumstances would have to be special or exceptional before you could successfully sue for a common law nuisance. ■ LEGAL. Q.: I was riding a motor-cycle across an intersection when I was run over by a motor-car which approached from my left. I had no license at the time. (1) Can I claim damages from the driver of the car, although I had no license? (2) If the motorist Is fined for failing to give way to traffic on his righr would this prevent my taking action against him? (3),' Can I claim compensation for damage done to my clothes and cycle?— " Bike" (Spreydon). A.: (1) Yes, provided you can prove negligence on his part. The absence of the license Is no bar to your action, but It may be evidence against you as tending to show that you were an incompetent rider. (2) No. That helps your case. (3) Yes, you can claim special damages. ■■.i. ■ ■ ■ ■ Q.: Thirteen years ago I borrowed £50. Several times after this I offered to pay back instalments, but they were refused. Seven years ago the' lender died., His wife is now pressing me for payment. Can I avoid payment?— "Worried" (Blenheim). , . A.: Yes. The debt is statute-barred and cannot be' sued upon unless you have given a written acknowledgment of the debt within the last six y.ears. q|; I am living with a man to whom I am not married. We have a child. Can it be registered m his name if he gives ; his ; permission. ■— "Anxious" (Paeroa). v A.: He can "be registered as- the child's father, but it must be registered as illegitimate. * Q.: For some time past I have run an account for liquor with the local hptelkeeper. I. have now, received an account from a debt, collector for the sum owing, together with expenses/ Can I avoid payment? — "Bldwhart" (Waikare.) . A.: Yes. A hotelkeeper cannot recover debts due for liquor.

information, (2) If you can ascertain where the orders were made you can obtain all particulars from the clerks of the Magistrate's Courts there. Q.: I found a push bike abandoned on the roadside and took it. I notified the police and also advertised for the owner. The police did not call for three months. They then took the | bike to inquire for ' the • owners- Have I any claim on the cycle if the real owner cannot be found? — "Cycle" (Wellington). A.: Yes. You will be entitled to the cycle as owner. The police will return it to you as soon as they find they cannot trace the owner. Q.: I propose to open a second-hand shop, purchasing my goods at auction sales only and not from private individuals. Must I obtain a 'second-hand dealer's dicense 1 for this?— " Dealer" (Wellington). ■ A.: Yes. Q.: I have already served one term of imprisonment on an order on a judgment summons. Can I be compelled to serve a second term if I cannot pay the debt?— "T.M." (Ohakea). A.: According to a recent magisterial decision you cannot be sentenced to another term, but the creditor still has other means open to him of compelling payment. Q.: Where a man is sentenced to several equal terms of imprisonment to be served concurrently how is he punished more than a man who only receives ' one such* term?— "W.S.W." (Hastings). • A.: Prisoners are usually released before the term imposed is finished for good behavior and. various other causes. Where, however, a man is 'serving several concurrent terms, this will be taken into account when his release is considered. REPLIES IN BRIEF "Dancer" (Maungaturoto) : Try, Miss Phyllis Bates, Studio, Willis Street, Wellington. — "Addington" (Christchurch) : No. If you require this fence get a solicitor to Berve a fencing notice. Then if your neighbor refuses to agree the matter must be argued out before a magistrate, otherwise there is no'llability on your neighbor.— "A.S." (Napier): You have no legal claim. You transferred the ownership to your friend and he can do what he likes v with the dog. — "Anxious Widow" (Wellington) :' You can apply.—"Constant Reader" (Featherston) : You appear to be entitled. — "Constant Reader" (Auckland) :' Write to the Government Life Insurance Department,* Wellingtons— "Constant Reader" (Christchurch): This letter states the case differently from your former one. If 8 days were guaranteed you can recover for that period* As you were employed by the hour, no notice is necessary unless you can prove a custom. You cannot recover travelling expenses unless, he agreed.— "Legal Light"' (Raetihi) : You should 4pply -for a maintenance order under the Destitute Persons Act against- the child's grandfather. Employ a solicitor. The: grandfather is liable m either case.— "Killarney" (Palmerstoh North) : She is . entitled to the pension, but on the figures it is impossible to say what amount. A birth certificate is not essential, but must be proved m some way. . :'■ .'.■.'. '■£ : -.