INQUIRERS' CORNER

NZ Truth, Issue 1193, 11 October 1928, Page 22

INQUIRERS' CORNER

IpKSSKSKSZZSSaCondueted fay 'MNTERPRETER/SSHSSS^^

Answers will b« published as early as possible after receipt of questions and so far as possible m order of rotation of receipt. All letters must be written m ink and be addressed "Interpreter," 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 io legal queries must be accepted merely .as a guide as to whether or not it Is worth while going to the expense 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 arid questions not of general interest will not be answered.

MARRIAGE AND DIVORCE. Q.: My husband deserted me. If 1 ask for separation and maintenance orders against him, will he be entitled to divorce me m three years? — "Perplexed" (Haumoana). A.: No. , Q.: If a man's wife refuses to occupy the same room as he and sleeps with the children has the husband any redress and is it, sufficient grounds for a divorce, or can one take action for restitution of conjugal ' rights?— "D.0.q.W." (Taumarunui). A.: Refusal by a wife of marital intercourse to her husband is wilful desertion notwithstanding that such refusal occurs during co-habitation using that word m its proper sense of living under the same roof. . If you are going to rely on the ground of desertion you will have to wait three years, but as m all cases of desertion you have the speedier remedy of at once suing for restitution of conjugal rights artd on non-compliance petitioning for divorce. . Q.: I left my wife seven years ago. Since then I have maintained': the child of the marriage. Recently my wife had another child. (1) Can I remarry without obtaining a divorce? (2) If not, on what grounds can I obtain, a divorce and What would be the cost?— " Wondering" (Te Awamutu). . A;: (1) No. (2) You may petition on the ground of adultery. The cost should be about £30 if the petition is undefended. You will have to employ a solicitor.

MAINTENANCE. ? v Q.: My daughter, who has an Illegitimate child, has been out of work for some time and unable to support it and its keep has fallen on my hands. The child's father has gone to Sydney. Can I claim any help from the father's parents? — "Anxious" (Grey Lynn). A.: If the child's father has been so adjudged by the court you may proceed against his parents for maintenance, but not unless. HOUSING AND RATES. Q.: I let my house to a certain man under a weekly tenancy. He went to England, leaving his daughter In charge of the house. I now find that [ require the house for my own use. How can. I give the tenant notice to quit?— "E.A.P." (Wellington). A.: Notice to the daughter will be sufficient, unless the tenant has left an attorney m New Zealand, m which case notice should be given to him. Q.: (1) I rented a house having an orchard and gardens. No reference was made to these when the agreement was'made, but I thought that I was to have the use of them. Now the landlady forbids us to use either. What is my position? (2) Can I compel the landlady to fence off this property from the next house? — "Constant Reader" (Sydenham). ; • A.: (1) Unless the house was rented by you for a definite term, the landlady may always alter the conditions of the tenancy on giving the requisite notice. If, however, you agreed to rent the property for a definite term, you are entitled to possession of the whole property during the term, .unless you make default m the payment of rent or otherwise give the landlord cause to eject you. (2) No. i

Q.: Can a divorce be obtained after three years on an agreement for mutual separation entered into by the parties? — -"J.S." (Dunedin).

A.: Yes,

LEGAL.

Q.: I was left a share mmy grand- Q.: Can a ratepayer householder be father's estate which I would receive sued for not paying rates, say before at, the age of 21. I left England be- next January? — "Ratepayer" ( ). fore I became of A: : He can be ae-a anri hfl V « j-i«i"itiiiiiiiiiim mniimiimimuMiimuiimiimmmiiiMmiimmimimmmmimiiMimmmm* oiiprl aa gnnn a«» since applied to 1= _ il the demand is the trustees for made.. T*he penmy share, but got alty of ten per

no direct answer. | (1) How should I i take proceedings? i (2) To what are I the trustees liable i should they fail to I hand over my -| share? — "1.H." I (Harewood) i A.: (1) You I should employ a | solicitor m the | money to their H own use they will £ be criminally Ii- H able. . f,

i cent, catonot be I enforced until af- | ±er thee | Of Si X months!and || compliance =1 certain formali- || ties> but there is || nothihg to prey Vent the local au- || thority suing as || soon as the rates || are due. || the open fireplace.H I vVcated P the y houge and did not bother to remove

Q.- I was liv- the range. The ing m a boarding-house, paying 35/- | owner then sold the house and the per week m advance: I left purchaser refuses to give tip the without giving a week's , notjee and range which was not a fixture? Can the landlady impounded 'my tennis I recover it?—" Puzzled" (Stewart Isracquet by way of security. How can land.) . I recover it?—"D.M." (Wellington). A.: If the range were not m any A.: Boarding-house keepers, unlike way affixed to the premises, it would licensed hotelkeepers. have no lien on not be a fixture and you should rethe goods of their guests. You can sue cover. If, on the other hand, it is a her for the return of the racquet and fixture, you have lost whatever right

damages, and she will obtain judgment against you by way of set-off for the

you had to remove it by hot removing it before your tenancy terminated.

week's board if it is owing.

GENERAL.

Q.: A man put his motor-cycle m my shed for repairs and for sale and agreed to pay 2/- per week rent. . Before the cycle could be sold he was sent to prison for four years. Can I sell the motor-cycle or use it myself? — -"E.W.K." (Nelson). / A.: You must not, use the cycle but you can distrain on it for the rent of the shed. Under a distress for rent you can have the cycle put up for sale by auction and you can bid at the auction. {>. Q.: I am a married man living apart from my wife. Since' we have been apart I have been keeping company with .another girl and she has had a" child of which I am the father. I am paying fifteen shillings a week for the baby's keep. Can she adopt the baby without my consent? — "Anxious" (Takapuna). A.: It would appear that ' she can. An -illegitimate child is filius nullius and the mother has paramount right to the custody. It is true that m recent years some magistrates require the consent of the father to an adoption if lie has been adjudged putative father but the previous practice to the contrary seems correct. '

Q.: I understand that it is compulsory for a person entitled to the Parliamentary franchise to be enrolled. Is it also compulsory- for him to vote? — "A.E.S." (Ellerslie). . A.: No. Q.: I have a friend, a single girl waiting her confinement m a Salvation Army maternity home. Must all her letters be opened and read by matrons before girl receives them?— "JJurse" (South Dunedin). . A.: It is the practice of such institutions to take an authority from all girls entering a home, giving the matron the necessary power to open and read correspondence. Q.: Is it necessary to issue a receipt for a cash sale?-r-"M" (Wairoa). A.: No. The purchaser is protected by holding the goods. Q.: How can a football club recover jerseys lent to players' for the season and not returned? — "A.R.T." (Auckland). A.: You can write to them and tell them that if they are not returned within a certain time you will take legal proceedings. You can then sue them for the return of the jerseys.