BRIEF REPLIES TO CORRESPONDENTS

NZ Truth, Issue 1197, 8 November 1928, Page 24

BRIEF REPLIES TO CORRESPONDENTS

■-: "A.V." (Kurow) : The • company is no doubt entitled to forfeit, but they are not likely to if you pay the arrears promptly.— "Felix" (Wellington):. You are liable to pay him a reasonable fee for the operation. The fact that it was not successful does not affect your liability. You cannot, show that- he was negligent. — "E.M.8." (Wellington) : If your mother signed the mort- ; gage she is liable. By. paying interest she has waived. any defence if she had any.— "B.A." (Wellington) : You ' can sue for the overdue interest and the principal as well.. • Also you can sell the property, preferably by auction, subject to the first' mortgage. If the house is occupied by a tenant you can collect the rent. — "E. 8." (Naseby) : (1) Accountants must be .registered under the Act. (2) The accountant is not to be blamed for reporting as directed by the resolution. It was not his duty to require an alteration.. (3) If you refer to a company the only course is to pi:otest to the directors m the first place arid then call a general meeting. (4) To omit the qualification would be unusual, but riot unprofessional. — "Pbmpilia" (Wellington) : After three years; each party is. entitled as of right to a divorce unless the other defends and succeeds m proving that the separation was due to the wrongful conduct of the petitioner. — "Inquirer"; (Wellington) : Unless you can prove that the carpet is not reasonably fit for the purpose!for which it was. sold, or that there was some guarantee or warranty, you appear ■to have no remedy.— "Doubtful" (Masterton): You are. legally liable for all your son's debt to, the extent of any money you have. re-, ceived on his death.^-"M.E." (Ha-, we'ra) :. As long as the wife was living with her husband he is liable. — "In- ! darra" (Napier); You need have no anxiety. A formal birth certificate . is not required.— "H.G." (Timaru): You ; not legally entitled to destroy them.— "H.B," (Milton): No.—"Ratepayer" (Westland): The charitable aid rates are levied by the local authority. If the property owned by the two women is legally chargekble they must pay. Your definition of unimproved value is correct.— "Anxious" (Dun,edin): You must give one week's notice.— "Anxious" (Invercargill) : The rate demands are sent out at different times m different .boroughs. The penalty cannot be enforced until six months and "fourteen days from the date of the first 1 demand.— "Subscriber" (Mangaweka) : There may. be a clause m., the conditions of contract dealing with insurance. If n,ot, you should only' pay if the insurance is for ■ your; own cover. . If the policy simply in- ; damnifies the farnier against workers' Claims you are not liabie.- : -r"Anxious" (Ngaruawahia) : Apply for the pension.

The full pension will be diminished £ 1 for every £10 m the' Savings Bank m excess of £50. — '■ "W. 0." (Wellington): As you' hold no security your •only remedy is to sue. The -fact that the receipt is not stamped does not affect you m any way. It is. the ,giver of the receipt who is liable for , the . penalty. — "Bob M." (Cam- „ bridge) : The competition is illegal under the Gaming Act. — "R.E.D." (Onerahi): The section need not be free when ap-

plying. Any bal- , ■ ance owing must, however, be paid, oft out of the loan. -You can. only obtain pians from builders or architects.— "Subscriber" (Huntly): Ordinarily, you will be liable for half, but m case of dispute the magistrate will fix the proportion. You have the right to put m ; gates.— "Anxious" (Auckland) : Yes. There' is no objection.— "Constant Reader" - (Christen urch) : What took place will invalidate the order if you raise the point.— "Wager" . (Akaroa) : He' is eligible.— "Chips" (Christchurch): The agreement, and receipts are quite sufficient proof of ownership. Probably the company's' object is to detect misappropriation by. their agents, but if so, a dishonest Agent might alter your book. — "E.W." (Wellington): If the council left insufficient batter. . they : ai-e liable.— "Constant Reader" (——■■) : About" 10/-. Write to Somerset House. There can . be no copy unless the testator is dead. — "F. 8." (Waltham)': It is usual for the company making a loan to hold the policy. She can prove its existence by hen receipts, correspondence, etc.—she runs no risk.— '.'Constant Reader" (Papanui): Better pay the- court order and let' your other debts go. However, , you carf apply, for a re-hearing.— "Hard Up" (Ghristchurch) : In the first place you must produce the policy or prove that it. has ' been , lost.— "Brother" (Dunedin): Write for the" articles and if not returned sue for tiieir return or the value.— "Worried" (Ghristchurch) : You are .bound to perform the agreement- strictly; otherwise they can take the piano.— "Anxious" (Oamar u) :• If you rented the house m the first place on a weekly tenancy you need only give a week's notice— otherwise you must give a month's notice.— -'"E;F.B," (Taihape) : You are riot legally bound to grant any holiday imiess you agreed to do so.— "A.R." (Dunedin):. On the figures you will be each entitled to the full pension,, diminished m e'aeh case by. £,3.— "Bondholder" . .(Wellington) : The only case m which the comyany can, without your ■ consent, vary the contract you entered into' 'with them, is if the bonds themselves. provide that a. majority of the bondholders can vary the contract. See if your bonds are endorsed with that condition.— "L.D-I-" (Sydenhfiriv) : You cannot .very well obtain the .decree absolute' without paying the costs. The family allowance, was properly -"Carpenter" (New Plymouth) : You »are ; only chargeable with expenses 'as ; . per Magistrate's Court scale. The agents ■have no claim whatever . J — : "Royal Blue" (Woolston): The money belongs to the third grade team and the treasurer must pay it to their trustees. If he re- 1 fuses to pay, legal action will -be necessary.^"Justice" (Waihi): ,It is' lawful for ;the ranger to impound l the calves. The driving; fees ; are the same as for cattle, but the. Act provides that the pquridkeeper is not to charge for the sustenance of sucklings, under six months.— "Square Deal" , (Te Kuiti) : The department must either en slose the drain or pay you comperisatiori.— "G.W." CSVestshbre) : He can recb ver judghie'nt against, you m your, married name, but your husband will not be In any ,way, liable.— "D^W.U." (Pahiatua) : She is 'not erititled. to any. pension unless she lias chiidrenj^'.'Student" (Ha-r wera) : The contract can hardly ■■ be said 1 , to be a necessary; therefore the infantj

can terminate it.— "Reader" (Timaru): If the agent represented to\ your wife that there would be a medical examination and .the company have declined to go on with it, you appear to be entitled to rescind and to recover Avhat you have paid. — "Fishy" (Christchurch): He was guilty of forgery.— "Querist" (Dunedin): You are entitled to two -thirds, not half- pay whilst incapacitated/. Compensation 'must continue whilst you: are unable to. work. If you are permanently affected you will be compensated for that, but it is impossible to state the amounts— "J.W." (Wanganui): Write stage manager, J. C. Williamson, Ltd., Grand Opera House, Wellington.— "Constant Reader" (Kawhia): Write Paramount Studios, Hollywood, Los Angeles, U.S.A. — "X.Y.Z." (Wellington): The matter is not actionable. — "Interested" (Dunedin): It is all a question of degree. If you confine the games to a few friends and only play at intervals whatever the games the premises could not fairly be called a common gaming house. — "Constant Reader" (Hastings) : the agreement were m writing, signed by you, you are m no way bound. Yqii have not ■ taken possession. An agreement to take a place at some time m the future as distinct from an actual present letting must be m writing.— "G.W." (Wellington): It is impossible to say without knowing whether, the tenancy is weekly or monthly.— "Waterpipe" (Wellington) : It is impossible to say- for . certain Without knowing the history of the subdivision. The original owner may by implication have granted the right to your neighbor.— "D.R." (Arrowtown): Yes. — "W.R.S." (Auckland) : The second wife 'can have no claim on the settled property.— "Fair Play" (Wellington) : Unless the cycle were damaged through B.s negligence or .wilful default, he is not liable. If . he were not liable m the first place any promise by him to pay would be unenforceable.— "A.8." (Timaru).: The wife can claim against such part of the assets as her husband owned only if she can- prove the debt for maintenance.. The agreement if m the form you state would probably be void and her claim may be bavred by. the Statute of Limitations. Her family can have no claim. — "M." (Pahiatua): She can obtain orcjer as long as the child is under- six' years.— "Distracted Wife" (Christchurch) : .■-•"Yes: — "H.W.H." (Auckland): The man- is not liable, but his wife if she has means is.^—"Anxious" (Horbpito) : If what you say is correct the solicitor is guilty of fraud and is clearly liable to indemnify you. But. apparently -.the wording of the agreement dbes not bear you out. You should consult another solicitor at oncei— "Curious" (Otago) : You lire not liable; ignore the demands and defend

if sued. — "Anxious" (Napier): You state no valid grounds for up-r getting the will.— "Anxious" (Lower Ilutt): Send copy of the hire purchase agreement. — "E.M." : Consent is neces sar y. — "Assign" (Christc h v re h) : T he creditors left out are m no Avay affected by the assignment and can sue you. But they cannot upset ; the deed of assignment unless they petition m bankruptcy within three months of the deed. — - "Father" . (Ederidale) : You have no claim

to the. custody.— "T.S." (Grey Lynn) : If the tenancy is a weekly tenancy, however long it has continued, one week's notice is sufficient. — "Puzzled" (Melrose) : B. is not liable for any part of the repairs. — ''Hard Hit" .(Kelburn): Yes.— "Worried" (Ponsonby): You are of.-coui-.se. entitled to know* but there is no legal means by which you can compel them to answer questions except by applying for a writ of habeas corpus, ■—•"V." (Taumarunui) : It is quite legal; no legal formality is re-' quired.— "Plume" (North Dunedin): Your wife Is . legally entitled to take out the policy.— "Ex-Digger" (Grey^ mouth): It is open to; the other meriir bers of' the family to make what pro - vision they think fit but of their shares. But, if they cannot, agree your sister should apply' under the Family Protection Act for an extra allowance. If the majority of. the.' others consented the court would almost .certainly grant a substantial, amount. — "One Who Wants to Know" (Auckland) :. One week's notice is sufficient.— "Worried" (Whangarei) : If the accident was connected with your employment you are entitled to two-thirds wages (which includes the value of your keep) whilst incapacitated. Consult a, '■ solicitor. — "Waiwiri" (Palmerston North): She has no claim. — "Worried" (Waimate) : The registrar is not likely^ ,to check the information. In the circumstancesi the penalty if. you are found out would not be. more than a small fine.— "V.L." (Hamilton) : If the original order was not m the correct form, your subsequent payment on account' does not commit you.— "E.F." (Kilbirnie) : Already, answer.cd.— "Constant Reader" (Wadestown): It the block is outside your, property and Is not due to -your negligence you are not liable. ( "A.M<iG/' . (Tahora): On the facts defend the claim. ' You can employ a solicitor m Auckland. — "Dink." (Dunedin): You have six years m which to sue civilly.— -"Constant Reader" (Waimate) : Unless the tenancy were for a term you are not liable for the rates.— "E.F." (Irivercargill): Only if they can prove that the furniture was bought with your husband's money. — "E.R." i ■(■Tima.ru): You' are entitled to the information and the solicitors should be able to -obtain it. If they fail notify them that you will employ another solicitor 'at their expense.— "Accountancy Student?' '(Wellington): As long as A. that 8.-was only an agent m the first .place it is open for B.s principal, whether or not his existence was disclosed; to A. when the order was given, to come forward and perform and eriforce'rtlie contract m his own name. As .long as A. .is not being prejudiced m .any- ways by the form of settlement he wtiuld riot be justified, m dishonor r ing the draft. He should leav; the question of commission to be. fought out by the agent with his principal.