INQUIRERS' CORNER

NZ Truth, Issue 1192, 4 October 1928, Page 20

INQUIRERS' CORNER

i"s::!;!!!!!:!:!!!!!!!!:!!!!!::!:!!:!!!:!:!:;:!:!:!!Conducted by 'MNTERPRETER."::!:!!!:!:!:!::!:!:!!!!;:i:!:i::!!:::!!!i!:!::::!::p li ■■■'.■- v .ii |1 Answers will be pub.ished as early as possible after receipt of || || questions and so far as possible m order of rotation of receipt. || II All letters must Be written m ink and be addressed "Interpreter,' »| jj! c/o "Truth'," Manners Street, Wellington. While we take no || || responsibility for any answer given m these columns, every s | || endeavor will be made to see that they are absolutely correct.' 1 |l 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- §| || pense of placing, matters inquired about m the hands of a | li solicitor for further action. « . . i || No replies can be made by post. No anonymous inquiries | l| will be answered, and inquiries of this nature will not be pre- | |l served. Frivolities and questions not of general interest will | || not be answered. 1 si 5 § Tlllllllll MllllllllllllllllllllCllllllllllllllMlllllllllltllllllllllllllllllllllllllllllllllllllllllMllllllllllllllllllltllUlUlUUllllllUUllUllllllllllllllllllllllllltllllllllll Itltlll ■■ '"' """'"*;*;^™!^'l"*JJ"Si_3 amiiiinimiiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiMiiiiMiiiiiiiiMuiiiiiiiiiiiiiiiuiiiiiiiiiiiiitiiiniitiiiiHitiiiiiiiiiiiiititiiiiiiiiiiiiii iiiimiiiiiiii ■iiiiiiMiiiMiiiminiiimmiiiiiiiuin.-t

ji MARRIAGE AND DIVORCE.

PROPERTY RIGHTS,

Q.: A. buys a town subdivision and agrees with, the original owner to erect the fence between himself and the adjoining land at his own cost.' The fence is put up immediately. A year later B. buys the next subdivision. (1) Has A. any claim on B. for cost of erection of fence between the two subdivisions (2) Did the fence become half B.s when he purchased his subdivision. (3) Can A. increase the height' of the fence by trellis work or extra netting for a short distance at the rear.— "Fair Play" (Waipukurau). A.: (1) No. A fencing, agreement rims with the land and the purchaser is entitled to the benefit of it. (2) As owner of the land he becomes halfowner of the fence. (3) Yes. . LEGAL. Mil imi m m< mm* Q.: My daughter, aged 16, purchased several dresses without my knowledge. Do I incur any liability under her contract? — "Anxious" (Weliingtbn). A.: No. The dresses should be returned to the vendor and the contract repudiated' on the ground" that the purchaser is an infant. Q.: I lent a youth, aged 18, a sum of money. Can I sue him for its return? — "Hard Worker" (Raetihi). A.: The only case m which you can hope to recover is if you •'ban show that the money was ( lent to the infant to enable him to purchase necessaries. Q.:. Can an adoption be carried out by agreement between the parties . or must it be taken before the court? — "M.8.H." (Wellington). . ' A.: The order of adoption must bo made by a magistrate, who will interview the parties m his chamber. Q.: I am the proprietor of a board-ing-house. The secretary of a certain local society brought a boarder to me and stated that the society was looking after the boarder and that I need not worry about the board, as the society would see that it was paid. It is" now m arrears and the society refuse to pay. Can I sue them? — "F. 0." (Wellington). A.; That will depend on whether the

transaction were a guarantee. If | the true bargain ! were that you j were to look to the society for \ payment m any j event — -that they j were to be your ! paymaster — then j you can sue the society. But if ] the arrangement j were simply that j the Society were j to pay the board ] if the boarder did j hot, then their j promise ,will be a j guarantee or pro- \ mise to answer j for the debt of j another — a class ; of contract that ] cannot be enforced unless m writ-

ing and signed by the guarantor. Q. : My son was m trouble over a stolen motor-car for which he served three months ih prison and two years' probation, and he also had to make restitution for damage of car. He is still m arrears on account of unemployment. His term of probation, was up on the 13th of last month. Can th'e probation officer still compel him to report? — "Worried Mother" (Auckland). A.: No. It is a matter for the police to exact payment of the amount due. Q.: I took my car to a garage to have some repairs effected^ and when I received the account for same, find that an altogether ridiculous price has been charged; I also find several tools missing from the kit. The oil plug m the crankcase had been knocked out, and m taking the car home the engine seized (being out of oil). What is my best plan?— " Well Stung" (Amberley). A.: Refuse to pay the account. When you are summoned, defend as to the charges and counter-claim for damage done to your car and for the value of tools taken. You will need to employ a solicitor, Q.: My daughter, who hap an illegitimate child, is. out of work and is not able to keep up payments for ' its board. The father of the . child has cleared out to Sydney. Can I ask for help from the father's parents? — "Anxious" (Auckland). A.: If the man has been adjudjged the child's father you may proceed against, his parents -under the Destitute Persons Act, but they are under no liability until their son has been formally adjudged the child's father. If you have sufficient evidence the court will make an,order against the father without his being served.

. Q.: An illegitimate child, who has always been known by his mother's married name, marries under that name. Is the marriage legal?— " Constant Reader" (Manakau).. A.: Quite legal. Q.: We. are both 'nearly nineteen years and we desire to get married, but my boy's people would never consent, as I am not their sort; could we get married without their consent? — "Anxious" (Timaru). A.: You can obtain a consent from the magistrate. You must flrst receive j a, definite 1 refusal from the parents, however. t Q.: Would a girl 19 -.years old have to get her father's consent to get married where her father and mother are separated? — "L.H." (Whangarei). A.: She would have to obtain the consent of whichever parent has custody of her. WILLS, Q.: (1) W^iat would it cost me to procure a copy of a will made out m Suva, Fiji? (2) To whom would I have to write to obtain a copy of the above?— " Urgent" (Dunedin). . A.: (1) Perhaps £1. (2) To the registrar of the Court of Superior Jurisdiction m Fiji. Q.: (1) Can a member of a testator's family be appointed trustee? (2) Is a will witnessed by members of the family valid? (3) Can a, member, of the family who has not been mentioned m the will, recover an amount for services rendered during the testator's lifetime?— " Anxious" (Auckland!; A.: (1) Yes. (2) Yes, but any person who "witnesses a will cannot take any interest under the will. (3) If the amount actually constituted a debt due by the testator, you can recover it from the estate whether mentioned m the will beneficially or not. GENERAL. Q.: Recently two men entered my billiard saloon and behaved m a disorderly manner. I approached the police with a View to having them

ejected, but the I police refused to 1 assist me. Am I | entitled to their 1 assistance m such 1 a case? — "H.A." 1 (Hawera). I A.: Yes Comf, plain to the local | inspector. | Q.: I signed an | agreement for the I purchase of a cerI tain property. | .Owing to illI health I now wish i to break the conI tract.' I am told 1 that I can do so I with impunity. Is 1 this so?— "H.H." 1 , (Grey Lynn). 1 A.: No. You 1 will have to for--1 felt the deposit. I You will also ren- ' der yourself liable

to an action for specific performance or for damages for breach of contract. | ( .Q.: I lent a sum of money and obtained no receipt for it.' Can I take proceedings for its recovery if the borrower denies the loan? — "Audax" (Auckland). A.: Yes, but the onus of proving the debt will be on you. If the borrower on oath denies the loan altogether, you will fail unless you have some corroboration of your own evidence. Q.: I paid a certain sum to the Immigration Department to bring my mother and brother out to New Zealand. They promised, but not m writing-, to refund £20, but they now refuse to pay. Can I compel payment? — "Bight" (Hastings). ' A.: Yes. ■ REPLIES IN BRIEF . v "Constant Header" (Kaupokonui) : Local markets are your only chance. Transport to other centres would swallow up your profits. — "Shingle" (Hastings):, (1 to 4) We are not a combination readj. -reckoner and encyclopaedia; (5 and 6) You will And it m the - public library. — "G.T." (Heretaunga) : There are nineteen planes at Sockburn; also a- few private planes m the country.' (2) Two.— "Dig'? (Frankton): (1 and 2) .Secure a copy of Hansard, from Government Printer. — "Captain" (Marton) : 78ft. by 36ft. — "Engineer" (Greytown): Try warming . the ring.— "Anxious" (Hawkes Bay): We do not give advice on financial . matters. — ■ "Enquirer" (Woolston): (1) No.. (2) No.— "CM." (Wellington): Your mother-in-law can take proceedings against- her daughter under the Destitute Persons Act.