INQUIRERS' CORNER

NZ Truth, Issue 1196, 1 November 1928, Page 24

INQUIRERS' CORNER

i«!!H,"!S by 'MNTERPRETER/'ißiS II ' ' II II Answers will be published as early as possible after receipt of || II questions and so far as possible m order of rotation of receipt. || II All letters must be written m ink and be addressed "Interpreter, || II c/o "Truth," Manners Street, Wellington. While we take no || II responsibility, for any answer given m these columns, every n II endeavor will be made to see that they are absolutely correct. || II Answers to legal queries must be accepted merely as a || l! guide as to whether or not it is worth while going to the ex- || II pense of placing matters inquired about m the hands of a H II solicitor for further action. ... H II , .No replies can be made by post.' No anonymous inquiries || U will be answered, and inquiries of this nature will not be pre- || || served. Frivolities and questions not of general interest will || II not be answered. : • II

MARRIAGE AND DIVORCE;

Q.: If I marry, is the father of ray illegitimate child still responsible for its maintenance? — "X.Y.Z." (Wanganui). ' . •. . A.: Your marriage does not affect his liability. " : Q.: How long has a man to live m another town' from the one m which he lives before, he can apply to the Registrar of Marriages to get married? —"Rex" (Wellington). ■ , A.: One of the parties to the marriage must liave lived m the town where the marriage is lo take place for three days immediately preceding the date of the declaration. . HOUSING AND RATES. Q.: I had a house destroyed by. fire; it was insured for £ 500. The company I have it insured m wants me to accept £400 m full settlement. Am I not entitled to. the full amount, £500? — "J.H." (Greenlane). . A.: It is quite usual for an insurance company to adopt that attitude. Although they have, possibly for years, accepted premiums on the full amount, they are now pretending to you that the place is only really worth £400. Insist on payment of the full amount. The company m every case has the option of reinstatement and, if they 1 honestly believe what they say, they will rebuild. . , wills. ; Q.: In the case of a will by a mother leaving land to her family can the trustees sell by auction without the consent of some or all the children?— "T.". (St. Andrews). , A.: If the will is m the usual form they can sell without such consent. The remedy of the latter is to sue the trustees if they sell at an undervalue. The remedy by injunction is also available.-. Prudent trustees will, as a rule, consult the devisees. If the sale is by auction, the beneficiaries may be able to protect themselves by bidding. Q.: My mother dies leaving every-

PROPERTY RIGHTS, Q.: Our neighbor proposes building on the boundary about 4ft. from our living roomy which will shut out all light. Can we. prevent them? — "Curious" (Dunedin). A.: Unless your windows are "ancient lights." i.e., windows that had been receiving light without interruption for 20 years prior to the Light and Air Act which came into force m 1894 you have no remedy. That Act abolished acquisition of the right to light by lapse of time. Q,: Between my section, on which a cow grazes, and my neighbor's section | there is a seven wire dividing fence. On his side of the fence he has a laurel hedgeigrqwing- and the cow grazing on my section nibbles and bites pieces off his hedge Has he a case against me? —"Regius" (Dunedin). A.: Yes: The authorities show that you are liable. You should increase the, height of the fence. Q.: Within' what distance from a boundary fence may I plant a' line of trees?— "S.F. Plough" (Temuka). A.: The Fencing' Act provides that no person shall plant on or alongside any boundary fence without the previous written consent of the adjoining owner any gorse or trees. It is impossible to say what distance' the term "alongside" covers. LEGAL.

Q.: Has an insurance company the right to charge £2/10/- per annum for a loan of £5 on an industrial policy? — "Digger" (Dunedin).' A.: If the figures, are correct you would appear to have a remedy under the Moneylenders' Act, .;\Q:: Is there any legal limit to the amount of .interest chargeable by a money-lender? The case m point is a loan of £20 to be l'epaid m eight monthly payments of £3/11/-, the security being household furniture, including a piano. — "Victim" (Wanganui). A.: There is no legal limit. Every transaction by a money-lender is open

thing by will to the illegitimate | child of another. | woman. This child 1 has been brought 1 up with us. Un- | der what circum- | stances can- we I upset the will? — I "F.P.8." (Dar- I field). . I A.: So long as | your mother had J testamentary ca- 1 pacity it does not 1 appear that the | will can be upset | at all. You can, i however, apply I under the Family | Protection Act for | a grant, but you I will have to show . 1 special circum- | stances. I

|| This Means You \ :=■-■ ■ \ ' ; i| ANLY those questions to | | which the writer's name i | and full address .are attached : I can be answered m this column. \ | The information is not neces- ] I sarily for "publication, but is j I required as a token of good' \ || faith. If you don't want your J || name mentioned, you've , only j || got to mention a norn de plume, j || So, don't forget to sign. I || Sporting queries and ques- j ii tions relating to recipes and \ ii fashions are not answered m j ii this column-j-the former, are. re.- i II plied to on the sporting pages, '\ || the latter on the women's ;| pages r.iiiiiimiiiiiiiiiii i m i

lII|W to review by the 'if court. If the II court thinks the II transaction harsh || or unconscionable H or the interest exII cessive it will |i give relief. If the II whole of the H money had been |1 lent for eight || months, the -case 11 put by you in- || vblves interest at l! ,63 per cent.; acII tually, the instal- || ments being taken II into account, it is II considerably more II and so long as I l| the security was |1 at all reasonable "| would appear to I be excessive. I . = O • T am an m

Q.: Mrs. A. dies leaving no will. She has no father, mother, sisters or brothers, but plenty of uncles and aunts, cousins, etc. To what degree does the surviving husband benefit? — "C.H." (City). . : • A.: The husband will take the whole provided no brother or sister has predeceased her leaving children. In that case, the husband will take two-thirds j and such children will tfike , one- third: MORTGAGES. Q.: In 1(11.3 I bought a. section for' £110 payable by instalments. The instalments have been paid long ago and I have b.uilt a house on the land. Recently the mortgagee of the vendor has sold the land under the power of sale m the mortgage. Have I lost everything? — ".T.1.D." (Devonport).

A.: Unfortunately you have lost the land. You should have- obtained the mortgagee's consent to the sale m the first place or endeavored' to arrange for a release by paying him the instalments. Your only reniedy.is to sue the vendor if you can find him for a refund and damages. .

Q.: My landlord threatens to take my furniture for rent, but I have had. the furniture mortgaged for some years. Can he take it? — "Widow" (Wellington).

A.: The landlord's right of distress is prior to the right ofthe mortgagee (except m bankruptcy) but iis the landlord must leave you furniture to the extent of £50. the result is that the mortgagee will have the prior claim to that amount.

"'' fant aged 18 and had judgment given against me m an action I brought for damages for being run into by a motor-cycle. The magistrate gave costs against me. Am I liable for the costs? Is my father liable? —^'lnquirer" (North Auckland). A.: Although an infant you are liable but your father is not. ■* Q.: My sister and I have a house and section left m trust to us during our joint lives and the lives ofthe survivor. Can we force it to be sold? — "J.G." (Rangiora). A(: Irrespective of any power of . sale m the trustees you can, as life tenants sell under the Settled Land Act. . You must obtain the. consent of the Su"^ preme Court and the proceeds of the sale will have to be paid to the trustees for investment on the same trusts as the land. GENERAL. Q.: The borough council starts a piggery adjoining my section. Can I sue for damages for the depreciation of the value of my property or through the loss of a sale through it. being there ?— "Returned Soldier" (New Plymouth). A.; If you can prove that the piggery is a nuisance you can recover full damages, otherwise nothing. Q.: I am m debt for £S for board and lodgings. Can landlord hold all my belongings by way of security ?— "In Haste" (T'e lloroj. ! A.: He has no right to. hold your I belongings. If' he attempts to do so you can sue for their i return or their value with damages.