INQUIRERS' CORNER

NZ Truth, Issue 1207, 17 January 1929, Page 16

INQUIRERS' CORNER

nd u cted by " i nt e r p r ete r.":!!::::::;:::::::::;!::;:;:::::;::;::::::::;:::::::;:::;;:":^ ll Answers will be published as early as possible after receipt of || || questions and so far as possible m order of rotation of receipt. || ll All letters must bewritten 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. || II Answers to legal queries must be accepted merely as a,-.. || fl guide as to whether or not it is worthw hile going to the ex- || || pense 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, andJnquiries of this nature will not be pre- || || served. . Frivolities and questions not of general interest will || || not be answered. || = SlllllMlllillMIIMIIIIIIIIIIH»IIIMIIII»lllllllll»IIIIIMMMMIHIIIlinill»MlltrilMlllipilUMIIIMIIIIIINIIIiniinilllllllllllllllllMllllilllllinilMIIIIHMnillllllllllHillllllllll1MIIMn »IUIIUIIIIIIIIlMIIIIMMMMIIMIMIIiniUMIIUIIMIinuMIUIMIIUU»IIUIIIIIllllinillllllllllllllllllllllullMIIIIMIIMIMIIIIIllllllllllllMIIIIIIIIIIIIIIIIIIMIIlllll»IIIIIIIIMIIIIIinillinilllHMIIII»

MARRIAQE AND DIVORCE. . Q.: (1) Some years before our marriage we became the parents of an illegitimate child. The - child was adopted by certain people. Now that we are married, can ! we claim the child? (2) Would the 'fact that the child's natural father; is well off and that the adoptive parents have several insane relatives assist us?— " Minus One". (Auckland).. . „ ' A.; (!) No. Once the child is adopted you lose all your xights to it. You cannot reclaim it under ' any circumstances. (2) No. The question is not the welfare of the. child. ' -. . WILLS, ;Q.:,,'(1) My .mother died some 14 years ago and left a will leaving everythingXabsolutely to a friend. Have I any claim 'on. her estate? ; (2) Have I any c*luim under the Destitute Persons Act^^i'iHar'd Done By" '(Napier).'' v'-Aj; (1) No. (2) No. Q.:- (1) I made a, will some years ago. Can '"l noAV cancel it? '■ (2) Is there any charge for so doing?— " Will" (Christchurch). A.:; (1) You can revoke it .either by executing a new will and inserting m it . a clause revoking the old. one, or else by endorsing a' revocation clause on the old will and having it; executed m the same manner as the will; also by simply tearing the will up with the intention of revoking it. (2)' No. If you employ 'a solicitor to do it for you, he will of course charge? Q.: If I leave,, my life insurance moneys by will to my stepmother, would my creditors have any claim on the' moneys for my debts? — "H. 8." (Mount Albert).. ' A.: No. Subject to certain limitations, life insurance moneys are not liable for the payment of debts unless expressly made liable "by the terms of the' will. PROPERTY RIGHTS. Q.: (1) Is an old gorse hedge a legal fence? , For 'instance, can I serve notice on my neighbor to erect a new wire fence m its place, the, ,old hedge having decayed m ' '." ' -.■-... patches? (2) If m.,i.„.»i,iiimm.i.inmitii surface, water." runs from* my neighbor's place on to mine, owing to the natural formation of the ground, can I compel him to put a drain on his sid e -so as to divert the water? (3) If two neighbors agree verbally to erect a' dividing , fen c.c, each doing their own half separately, and the' orie starts and the other fails to do. so, what is the remedy? Should a fencing notice m writing be served =, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 u 1 1 m m 1 1 1 u it u m 1 1 1 u t n i m 1 1 1 1 1 on him, or does a verbal agreement stand good?— " Anxious- (Wanganui). . A.: (1) A live hedge is a sufficient fence within the. meaning of the Fencing Act, 1909, but you can always serve a fencing notice on;your neighbor. If he is unwilling 'to comply with; it, he can serve a cross-notice and the matter can be determined by- the magistrate. (2) You. are bound to receive the natural flow of water from your neighbor's land. (3) You can sue on the verbal agreement. <-.-■• Q.: (1)' What constitutes a. legal boundary fence on farm lands? (2) Does the same fence apply to town- and. country alike? If not, what is a legal town fence?— "R. T. Me." (Timaru).A.: (1). Any fence, agreed upon by the parties or failing agreement one "of the numerous fences mentioned m the Fencing. Act. The/most usual is a wire fence having- not less than seven wires, the top, being at least 3ft 9ins from the ground. .The space between the ground and the bottom .wire and the two bottom wires riot to be ■more- than sin. Posts to be not more than 9ft apart. Wires, not lighter than No. 8. „(2) The same provisions apply. .Q.: I rent a shop on a three years' lease.. One wall is let by the landlord for .advertisements. . The lease makes no -mention, of- the advertising rights of the. wall. What is the position between the landlord- and myself as to the money paid by advertisers? — I "W.D." (Epsom)/ A.: As your landlord did not except the advertising space from -the lease when he let you the shop, the -benefit of the current advertising contract will' pass to you as from the date of the lease,, the' current rent being apportioned. As soon as" the current conr tract "expires you can re-let the space for the balance of the term of your lease.

WAGES AND PENSIONS, Q.: I am m receipt of the old age pension and have no other means. I have a brother who .is wealthy. Can I claim maintenance from him under the Destitute Persons Act, 1910? — ''R.R.'* (Auckland). / • :-. 7 A:: Yes. ' ■■-:"''' MORTGAGES. Q.: Where a vendor sells his house -for a small deposit,: is it -■; better to transfer the title and take a mortgage back for the balance purchase money, or to sell on a sale and purchase agreement, retaining the title until the purchase money is paid ? — "Constant Reader" (Eastbourne).A.-. 'The costs' of the , transfer and mortgage will exceed the costs of the agreement, but not by yery much, as the agreement is now liable to the stamp duty, and all these costs fall on the purchaser. If an agreement is taken the vendor will have to pay a share of the costs. It is more difficult to get rid of a, defaulting purchaser under an agreement than a defaulting mortgagor.. The latter can be easily sold un and his only recourse is to payup or abandon the, property; whereas, the purchaser m possession has the right to apply to the Supreme Court for relief against forfeiture as long as he can keep m possession. The court is generally ready to give relief on terms if anything: like a reasonable case is made out. The vendor therefore runs the risk of delay and considerable cost. ■■.'■". GENERAL. Q.: My motor-car was burned one day after the expiry date of the fire policy. The company, took possession of the car and removed it to a garage before they knew of the expiry of the policy. Can I recover?— "R.J.H." (Mt. Eden). >■';.' ,':.'•■ , A.: No. Ybu are allowed no days of grace. The company's action is not a < waiver of the non-payment. Q.: If a child of German parents is born at sea, by what .considerations is his nationality determined?— " Doubt'» ful" (Wanganui). '" "••■•nt j± . mi n -answer - | 'ing this question | two systems of | law have, to be ,= taken into ac - | count. First, Ger- -- man law as the | law of the par- = ents' nationality; | second, the law of 1 the flag as the law | of the place of | birth. If the | question of nat- | ionality comes be- = fore English | courts and th c 1 ship was a Bri--1 tish ship, then the 1 English- courts will = hold that the I child is a British I subject. However, | th ,c German „= courts, m decid- "■"- ""' ' ing, the same matter, would • possibly attribute German nationality, so that . the child would thus be deemed to have a double nationality. If the ship sailed under the flag of a third nation, the law of the third nation would have to be taken into account and might m different cases attribute either German nationality or the nationality of the flag according to its principles of private international law. I . Q.: Some years ago I captured a young deer under a license which authorized me to "take or kill" a certain . number of deer. The local Acclimatization Society now informs me that I any acting illegally. Is that so? — ; "Foxey'' (Sergeant Hill). A.: It does not appear that you are guilty of. any offence m keeping the deer. Qj.'i By. the false representation of a canvasser, * I was induced to take shares, m an Auckland afforestation company. I paid the allotment m/mey ahd am now being sued for the calls. Can they compel me to pay?— -"R.R." (Auckland). . ; ' ■ . A.: They can, unless you are m a position to prove the false representation made by their agent the ' canvasser. If you are, counter-claim to their action. LEGAL. Q.: I purchased a dress from a woman on the understanding that it had only been worn once or twice. I afterwards found that she had worn it constantly and that everyone. knew it was hers. I then returned it to her. She now threatens to sue me for the money. Am I liable? — : "Young Mother (Nelson). A.: In the circumstances you were the victim of a wilful misrepresentation and should defend the action.