INQUIRERS' CORNER

NZ Truth, Issue 1205, 3 January 1929, Page 16

INQUIRERS' CORNER

'iiraimiiiiiiiiFmmiiiiiiiiiiiuiiiiiiimi(imimiiiicmiiP / ,_,»I 11 .*_J v,, (IIMTCDDDPTPR ,/iiiiiimiiiiiiinmmii '"'""'"I""!"!"""!!!"". :! _ jgiitiiiim iiiiiiim iimiiimiiimiiimiimmuwOna UCted by INTtRrKtI tn. mimiiiiitimttitiii»mnntimiitiimitnmiitiiiimit^| | II Answers will be published as early as possible after receipt of L 11 questions and so far as possible m order of rotation of receipt., 55 = 1 All letters miist be written m ink and be addressed "Interpreter,. 3= ll c/o "Truth," Manners Street, Wellington. While we take no tfi | 1| responsibility for any answer given m .these columns, every §, || endeavor will be made to see that they ai*e absolutely correct. ||' || Answers to legal queries must be accepted merely as a, || §1 guide as to whether, or not it is WorthbwHile goingto the ex- ; || : Jf pense 6f placing matters inquired, abefiif'in the hands of a |i || solicitor for further action. > Yyy _y, ■ ;.,"' ■•./.;■ -J || l| No' replies can be made, by ,po9t.'/,t'lv|6 '.aho'nymous inquiries' §§ fl will be answered, and :jnquii*ies bf .'this: nature. -.wijl 'not be pre- • || || served. Frivolities and questions riot of; general interest will Jl ll not be answered. '■:;.;■ 7b - )i.,J'"-. J:r : '' ■■ :'., ry.: rlv.

WAGES AND PENSIONS. ,y Q.: How much is a pensioner allowed to have m the P. 0.. Savings Bank before his pension is affected? If his wife also has money m . the bank does, that affect the. pension? — "Reader" (Hikurangi)./ A.: He is allowed £50. For every £10 of accumulated property m expess of that the full pension is diminished by £1. The wife's- property is taken into account, the rule being that the property of each is iassume*d to be half the total property of botb. WILLS. Q.: (1) I propose to leave my property to my wife by ,\vill. She would be incapable, of /managing the property herself. Should I leave my , property to my wife's parents as trustees or leave it to them outright and trust to them to provide for my wife? (2) Must' I employ a solicitor to draw the will?— "Safeguard" (Grey jLynn). . b •A.: (1). You should appoint them trustees only m trust to your Avife for life, and after death to'the children or on such other trusts as you may be advised. (2) You should not run, the risk of preparing the will yourself. The form you enclose would be useless. Q.: (1) How many witnesses must a will have to be valid ? (2) Can the lawyer who drew up the will be a Avitness? — "Anxious" (Wellington). . A.: (1) Two. (2) Yes. He usually is. MAINTENANCE. Q. (1) Has husband who. has been going about with other women, arid who has also been m prison lor "indecent" exposure, any claim on his wife if she leaves him. (2) Can wife on those grounds obtain maintenance for herself and child? (3) If any debts contracted while. couple are living together, on the wife leaving who is the party responsible for such debts — i.e., drapery, grocery, and sundries' ?— "Anxious. Mother" Hawera). A.: (1) Tlie wife would be justified m leaving. (2) Not necessarily. (3) The husband. MARRIAGE AND DIVORCE. Q.: I married a man m 1919 who was already married. He . left me m 1921 and I have not seen him since. Will I be guilty of; bigamy if I rein ar r.y without obtaining a di- _ vorce? — "M.R." | (Wellington). i A.: No. Your 1 .first marriage is \ void, since the i mail was already f married. , If you \ have any doubt as | to your marriage \ being invalid you = should bring a I suit for a declara- § tion of nullity.. i Q.: Have been = married twice; | can children by | first husband take | second husband's 1 name? If so, lis 1 there any legal | .formality to be | gone through?— | "A.8.C." (Tara- | riaki). | • A.: They may use .!„„„„ , , ,„„„„„■■„„ his. name and they will acquire a' legal right to it by use. Otherwise, they may wait until they are old enough to execute a deed which may be filed m the Supreme Court. Q.: Is the effect of an infant 7 marrying without his father's consent toinvalidate the marriage? — "R.C." (Auckland). i . A.: No. The marriage is quite valid. The omission is only a matter of penalties. LEGAL. -Y.--J Q.; A man o^ed me money for board! Before it was' paid he was drowned. Can I claim the 1 amount from his relatives? — "Fair Deal" (Dunedin). A.: His estate is .liable, but, if he did not leave enough money to pay his debts ybu cannot claim, anything frpm his relatives. , Q.t I incurred a'debt to a hospital board five and a-half years ago. Can the .board still recover it? — "E.A:" (Gore). r •'•'.'■; A.:. Yes, but they have only; six months left m Avhich te commence action against you. .'■'■■', Q,: I purchased furniture on the time payment system. The day aftei" it was installed m my house the property was burned down. '(!)■ Am I compelled to pay for it? ,(2) Should the vendor have insured it? (3) Or supplied me with a copy of the agreement?—" Anxious" (Bay of Islands). A.: (1) You do not state that the purchase was ori the hire purchase system, ..but 7 it may be inferred from your remarks tliat it was. YoU will be compelled to pay the full price. (2) No. If you had read the agreement before signing it- you, would probably have found a clause binding you to insure the goods iri the vendor's name. (3) There is •, no obligation on' the vendor to supply -you with a copy.

""■ullllllMIIIIIIIIII|lllllimilll!llljlllillllllllM""M"li"> , Moral Ditty

HOUSING AND RATES. Q.: I rented a house at 25/- per wefek. Being transferred suddenly, I paid one week's rent m lieu «of notice, and gave up possession. Tho owner now, claims one month's, rent m lieu of notice, although he re-let the, house the day after I left. Can he re-let the house and charge me with the rent?— " Ship" (Whangarei). A.: If the owner is entitled to the one month's rent m lieu of notifce (which on the facts as you state them is doubtful) he is not precluded from recovering because he has Immediately re-let. , If you wanted to prevent him making the extra profit you should have kept the key. . PROPERTY RIGHTS. "q.: I am a tenant of. a certain house. The landlord agreed m writing not to sell the place so long as I am m occupation. He is how trying to sell. If he does so. have I any redress?— " Bungalow" (Petone). • • A.: His action may appear a breach of the agreement,' but it does not seem that ybu will suffer any damage for which you can \ recover; If you are tenant for a term- ypur lease will be, binding on the purchaser; if the tenancy is terminable on notice, there is nothing the clause to prevent the landlord giving ypu' notice. \ ■ '.. COMPENSATION. ,' Q.: What amount of compensation am I entitled to through: the loss of the whole of middle finger of the left handr when average salary is £7 per week ?-— "Constant Reader" (Wellington). '■'■'■■■ A.: You are entitled to 8 per cent, of the amount you would be entitled to if totally incapacitated — i.e., you, re-, ceive 6/4 per week for six years. GENERAL. Q.: Can a wife adopt a child without her husband's consent?.-— "Anxious Father" (Dunedin). A.: No; if the adoption is not by the husband and wife together,- the wife must obtain her husband's . consent' in' writing. Q.: (1) Can a girl, 17 years of age, leave home without her' parents' consent? She is self-supporting and of good character. (2) Can her father ' compel her to board at a place of his selection?— "111-treated'' (Dunedin). A.: (1) Yes. (2) 'No.'. Q.: Do the big squatters iri New Zealand hay topay income-tax? — "Argument" (Bay of Islands). A.: Insofar as tlieir income is . der i-ye-d from farming their own land, they are exempt. They have, however, to pay land tax. They are liable for - in-come-tax on rent' from land leased (less an allowance of -5 per pent, on the canitai value) as well as. on income from -all other cources, . :' Q;:'"'i am; under 21 years of. age. I haye been paying reasonable board to my parents. They have now turned me out of the house. Can I force them to take me back?— -"G.S." (— — ). , A-.; no., "b ..-•-.. ,- ;;.'..■ Q.: Has the New Zealand Government #.t any time passed an' Act making, it compulsory to vote at the general election? — "J.D." • (Waiau). A.:. No. ; ';. ;■ Q.: (1) Is a person liable for carrying a shotgun but of season ? . (2) Is there a closed season for; hares. ,(3)ilow long does a. trespass notice hold good after publication ? — • "Gun ■ Inquirer" (Kdkaramea). : A.: (1) No, but the fact 1 of the gun being carried 'may be' evidence, of poaching. (2) Yes. (3) The chvner of the property may prosecute 3'6u for trespf."#3, whether, he lias ppsted a nptice or not. He is m no way bound to exhibit the notice before taking action. Q.:7 Who is the legal guardian of children whose parents are dead? Has the godmother or the grandmother the prior claim?— " Beatrice" (Auckland):. A.: The parents may appoint guardians for the children by deed or will. If they make no appointment, an. appointment may be made by the court which would appoint the person best fitted for the duties. No. relative has ari absolute claim to the appointment. Q.: I have been engaged to be married for three years. Recently my fiance asked that the engagement be broken off. T agreed. He is now engaged to another girl. Can I sue for. breach of promise? — "Margaret"- (Takapau). b , A.: No. By consenting to the engagement being broken off, yoii lose any right to damages for breach of promise. :.- ,"'

Q.: I found a parcel on, the street. I took it home and found ' that it contained a dress. I kept ' this for some months arid then cold it to a friend. She wore it on the street and it was recognized by the owner, frbrnvwhose shop it had been stolen. Am I under any liability m respect of the matter?— " Worried" (Invercargill.) ■ • ■. A.: Your moral duty was, of course, to try to find the owner of the dress. The court may* decide that you had a guilty intention m the/:matter, and if it so finds it may convict you of theft. by