INQUIRERS' CORNER

NZ Truth, Issue 1194, 18 October 1928, Page 24

INQUIRERS' CORNER

S|MiiiiiiiiiiiMimnimiiimiiiiiimiiniiiMiiMiiimm»>'OnaUCted, by; I NTE RPR C. T fc K. UminiumnnnnniimuHnHHimiinniimiininiig| ]| Answers will be published as early as possible after receipt of si ■|| questions aftd sb far as possible m order of rotation of receipt. || 11 All letters must be written m: ink and be addressed y |i c/o "Truth;" Manners Street, Wellington. While wetake.no || II respbnsibility for any answer given m these columns, every, , || |i endeavor will be made to see that they arp, absolutely correct. j§ !§ „,.'. Answers to legal queries must be accepted merely as a 11 || . guide as to whetheror not It is worth whjle!going to the ex- || U pense of placing matters inquiredi -.about m the' hands of a || ||, solicitor for further action. . v ; :: : ... |i If, ,No replies can be made- by post; No anonymous-inquiries || || will be. answered, inquiries of this' nature wiH not bepre- p II served.; Frivolities and .questions not of general' interest . will ii || '„,•: riot be : answered., ■;• ' ; ;.■ .'.y f.- ']...:_-..■ ;'""'..:■ '■■■'■■■''.■ „ ' 11 ?>llllllllllinilllllllllllllll!ltlUllllllllMilltllllltlllIltllSllll>llllllll>lll!IIMII1ltll|tll1ll)lllllllllltlMIIIIMllllUIIIIIII|illl |] || 1111 111 Illllllltlliril [1111111 II ITIII1III ■lllltUlllltmttltlirnnillllCllllMlM H ItHHIII Mlll^

HOUSING AND RATES. p. ; : Does'.': a' house, let 'for ,£2 pei week come under the Rent Restriction Act arid does tho Act.appjy;if the-pro- ;- perty is- let for,, a term?— " Aussie" CChristch'urch). .'' '■. ' ■'••..■ - ■; A. : If : the legislation is applicable it will apply whether, the .premises' are let\for a ', term, of ' years or on a terminable tenancy,' Toil , do ■■ not .give sufftcieht , paritlculaira .to determine whether this particular house ■vyas re.r, stricted. Note' that> :;Under -the! Rent Restriction Act..' 1927, all' dwellinghouses, formerly, sub j§ct to . the legislation are to' , become, unrestricted after May 1,. 1928, unless , the 'magistrate makes: an order applying the restric-: tion to .any particular 'house, and the legislation is torbe repealed iri,*tot6. on January ,1, 1929. ; ' - : • '.. ; . V PiIORTGAQES. / ,' • Q.:.' l have a rn,°rtgage which •expires on December 22, .1928. Am. I bound to g>ye 'the"', mortgagor three months' ho'tice before I can , call It up?— " Constant Reader" (Timarii). ' ; A.:. No notice 1 is necessary, but.it: is usual as . a .matter of - courtesy to givje the mortgagor, some; intimation that the loan will not be extended. > , .'. .: MAINTENANCE / ; v - Q ; : 'Having been adjudged father. -of an illegitimate child and . have .never, pafd v anything towards it',, is there any time limit; by law when ■ maintenance ckhhpt be ' -claimed?— "Interested" ■<p6wer Hutt).. ■'■ ' <"' lyj -V. ',> ;_ : : ;'. i A; :.. Once, the order ; is > made =there is ho time; limit. : . • ' WILLS. ';:■■ '■;-■' ; "v"';.-'' ''■■■" ; ;. ' Q.: My father left .all .his property by .will to 'a '.•• stranger. Can li'ls only son claim a-- share / .■■;. ■; • . '\

m the 1 estate?-r---"R v .s;"..(Paerpa). A.: " You/ can claim . i under- the Family Protection ActM9osr •■•;;-. Q.: My father made a : .wi)l leaving his.; farm to his'-pliildren : by name. I was only three • months/, old wh c n.] he ' died v Just before' I 'w.asborn my. brother, . aged two) who is mentioned ; m.. the. will, wa;s dro.wned i and I was glyen' the . sar^e ' name.: Am I entitle^?—, •'Oy.ex'.'^lJJliersMe).'. A.: Insist 'resolutely .Qh,'. your rifent to the share.

Nqi doubt the will is dated tyefbre yioii were born, but. every, will is construed as if it were executed at .the testator's „ death. No doubt your father thought owing to the'identity of names that an alteration was unnecessary. ■ ■: : ■ GENERAL. ! ' vQ.: -I "• am not married to the man I ani living- with. Can' I change my name to his, on' the electoral roll,: and what formalities are required?— "Anxious" (Auckland). .■",;' A.: You can do so. No formalities are required. - , ' ! ■ . . • Q.: I hold land of unimproved value as per. Government valuation £ 14,200. It is mortgaged for. £16,000. What, if any, ; land .tax do I have to •pay?— "Farmer" (Frebbleton). \/", : A. : You are entitled to a deduction of £1600 on the unimproved value ill respect of the mortgage, so that you will pay • on .ah unimproved value of £12,600. On that sum' the t"ax - is £78 Bs, Id. ; ' . ■; i ' ■ • : i . • ' • .' '■ . Q.: I want to start a labor, bureau. Must I hold a license and what steps must I- take?— "A.G." (Hastings). A.: You must apply to the local Inspector of Factories for a license under the Servants' Registry Offices Act, This Act applies to the engagement not only of domestic but of all manual workers. You rrvust procure a.certificate as to character from a magistrate and lodge- a written application with 10/- fee.' You must" also show that neither you nor any member of your household is interested m a servants' lodging-house. v ! ; , '^ ' Q.: (1) My daughter, attended a dance promoted by a friendly, society. While dancing the 1 lancers ' Hhe fell owing : to' th.e\ rough conduct of .other dancers and ho d to spend three weeks In hospital;' Have I any claim against the society? ('2). Is a .'firm: handling goods to inform the. police tf theY find one of their employees guilty, of theft? (3) Can- ah employee when dismissed demand the reason for his 'dismissal?— J'Peter Pan" (West Melton)., .;■ ... ••:• ■• : -.'i ■■.■'•'• A.:. (1) No.; (2) No. (3) He can, but the employer is not bound to comply^ V : '. ' :'• ■."••". .■.'■' "■■ :-'.? v ,:"'-' v

MARRIAGE ANO DIVORCE. //Cl.: My wife had a child by another man last, year. I ". continued to live with her; for the sake of the child. Recently I found ' that . another man had been posing '4s '■.her, husband while I was away. at sea. Can I sue for a divorce ?— "Anxious" (Wellington) . . ; A;: You can If you can prove adultery .with ., the, second man. By your conduct' you are presumed to have forgiven^ the first' offence. '.''■;"/■' LEGAL. ;■•■;'• ' V-'-' •;.-' :■' ■■■■'; : .' ' . Q.: Ajteiegram sent to. me was delayed m .transmission '.'whereby I 'lost a .valuable..cohtracti (Have I any , claim for darnages?— "R.S.T;" {-— — ). .A.: No.' Section 138 of the Post and Telegraph Act provides that . no claim or. 'demand, against the Crown shall arise by reason : of loss or delay of any telegram, whatever 'be .the cause. , Q.: aiy son, who is now -19. years, was persuaded 'some years ago to signfor two shares m a. forestry company. . I -protested, but I have gone on paying 1 calls : and have paid £35 on- account of the total.' Can I recover this? — "Rex'V^ (Pleasant Point). ■ A.: Whatever r^ght ,of repudiation your son may have had, you cannot recover -what you have paid. . • » &.: ;The stock ranger took my horse which was running on the road. He broughtit t.b' : me, : but as J had not. the cash he; took it; to: the^towii and after tying it to a verandah post took it to h,is:owh paddock which is badly fenced, which; the horse was lost; Thej, newest; . pounds .was nin^ miles away. Is. the ranger, liable; for the lvalue of the horse- arid damages?— ■'•'Ai-J;B."! (Raetihi) . . . . . ; •. ; Ai:':He was bound by section 11 of the" Impounding. Act : to take. the. horse to, the nearest accessible pound. It^is ■, : • ; . : ;■.. only m the case of

| animals trespass ~ \ , ing at' night; that I- detention m a | yard overnight is : permitted . and i thjen'they'mus't be j removed to the |. pound as soon I after sunrise as I con veriient: The ; ranger should pay i .. for,; the .horse- .not i only/ ' because, .he !^was;negligeiitV but I 'because, the dISI tre.ss by reason of \ the" delay was il- | legal. He is also ! "liable to pfosecu- ! tion for. the irf liegularity.' . l ; ■ Q.:. !When- my I h'u Bband' was i . committed to the 1 mental hospital

.' .. , ' ■ . the Public Trustee ! ioolc over . : the managemient of his affairs' -without reference to me. As I lmve relatives AvillinEr to act, can the .'maWarement be. taken out of the Public'- Trustee's, hands?— " Anxious" (Nypler).: . ■ „ ; „ .., A';: "An application would, be practically hopeless. You could have applied m the first place for the appointment of a private committee, but the rule 'is that thiv Public .Trustee is to be appointed m all cases unless it can be sho\vn that for' special reasons a- private committee is' likely to do better. Such applications are resolutely contested by the Public Trust Office. . Q.: I ani a married woman living with another man by whom I have a child. The child has every care anil attention and is visited by the Plunket nurse, but the child welfare officer, has cabled and intends to call .again...- Can I refuse her admittance ?—^"Perplexed" (Hastings). -. ■' ■ A.: Not without risk. Under the'recent Child Welfare Act 'the. Education Department has assurited the supervision of every illegitimate child; born m the country, whatever the standing or character of the' parents^ The local officer is authorized < to" 'call «'as often as she. thinks fit and.^ the superintendent can lin each ( case direct whatever steps he thinks fit be taken as" tp the custody and welfare of the child. : There is ; no' appeal from the decision of .these officials. : Q.: I am boarding at a. certain house., the only means of ancess to which is a swing bridge . in' defective condition. if I am injured m using this bridge, can I claim damages from the. landlord?-— "F.R.P," '(Eketahuna). ■' A.: ; T e^- T ne landlord .has a, duty ; of care towards you and the mere fact that you -know of the danger does not mean that you consent . to the risk. ■ • Q.t I aiii buying an article on the in-, stalmenf system: I, find I can buy the same article" m- 'any shop for less than half 'the price,, on the same 'instalment plan. Am I comi>elied to pay the fiiil. . price asked?— r"Anxi6us" (NeAvtbwn)"; A. : The. fact that ... • you . are., being charged an ; e,xtcrtio'ndte price, though a : most important element if yiiu 1 are setting up fraud or misrepresentation, is .nfjt of itself /sufficient to sc;t aside the contract; ; '; . .' : ,'