INQUIRERS' CORNER

NZ Truth, Issue 1208, 24 January 1929, Page 20

INQUIRERS' CORNER

yilllmMlnimimillMimMmmllllllllllill^llilil^Conducted by 'MNTERPRETER.'^mmSmISS^ II Answers will be published as early as possible after receipt of || || questions and so far as possible m order of rotation of receipt. || Is All letters must be written m ink and be addressed "Interpreter,' \% 1| c/o "Truth," Manners Street, Wellington. While we take no ||; || responsibility for any answer given m these columns, every |L= 1| endeavor will be. made to see that" they are absolutoly correct. |f; H Answers to legal queries must be accepted merely as a . |j; || guide as to whether or not it is worth while going to the ex- p || pense of placing matters inquired about m the hands of a g.n l| solicitor for further action. ' # % •.■•■' jjs li .No replies can be made by post. No anonymous inquiries || |i will be answered, and inquiries of this nature will not be pra- || || served. Frivolities and questions not of general interest will' |f If not be answered. - ||

'~=?MIIIIIirilllll1UirairiIlllllllMIIIIIIIIMICIinill'llllMllllllll!llllMIMIIIIIIMIIMIIIIICI|INIIIMIIIIIIIIIIMI 'jiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiliiMmiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiuiiiiiiiiiiiiiiuvi PROPERTY RIGHTS. Q.: My father died leaving a farm worth £8000 amongst three of seven sons. Have the others.; any claim on his estate?' It was due to a. common family squabble. All had , to work to' improve the farm .— "Anixous" (Hamilton). . / A.: Provided the final distribution of the estate has not taken place, they can apply under the Family. Protection Act- to have provision made for them out of the estate. However, they will have to show special grounds-— usually illness or , incapacity to support themselves. The fact that they have worked to. improve the place could hardly be sufficient. * MARRIAGE AND DIVORCE. Q.: ..My husband and I separated mutually 15 years ago. How do we stand if either, of us wanted to marry again? — "Seeker" (Wellington). .A.: You cannot remarry without first obtaining a divorce on the ground of; separation. . : .. LEGAL. 0' : : Q.: Whilst suffering from a nervous break-down, a canvasser from a Portrait Enlargement Company called on me Jn the absence of my husband and induced me to sign an order for an enlargement. The . charge was 39/6 and the order stated that the portrait would be delivered m a suitable frame at a price to be charged for, but acceptance of the frame was not compulsory. When delivered, the charge was £ 5/9/6, and owing to the agent's insistence I was compelled to sign a p.n. for the amount. Am I liable? I sent the picture back. "F.R.H.", (Cambridge). A.: Fortunately the law protects you. Such an order. to be binding must comply, with the provisions of the Mercantile Law Act, and the order signed by you does not do so. The order you signed therefore Is void. It is true you signed a P.N., but you have a good defence oh' that, as it was given: m respect of a.' void contract, and besides, you can show misrepresentation.' . Resolutely 1 defend all claims. , Apartr t from the degal : position, these.' j people for their \ own sake keep out j of court. It would .] be just as easy' i for them to. have j a form printed to j . comply with the [ Mercantile • L a_w j Act as not; the, j reason they don't I ia that otherwise I they could n.o t { Victimize people I over, the frames., j Q.: Is it pos- j sible- for my ..wife [ and I to adopt a < I child (of legit'i- i mate birth ) , whose . \ parents are alive and quite willing for the adoption to take place?— "Jsero" (Whangarei). A.: Yes.. Q.: My husband and I are now separated. Ts^ he liable for debts contracted before our marriage?— "Devon"- (Raetihi). A.: He is not liable even if you were still living together. CJ.: • i saw an article worth £5 marked 10/- m a shop window. Can I legally claim the article at the latter price?— " Argument"' (Christchurch). A.:. No. The marked price is merely an indication that the proprietor is willing to enter into negotiations for sale: It is not an offer to sell at that price. ' . HOUSING AND RATES. Q. : I took the lease of a house for 26 weeks, paying rent for that period m. advance. The lease having run out, 1 have continued to pay 'rent weekly m advance, the rent having been increased. Is one week's notice, not sufficient?— "W.G.B. (Rotorua). " ■ A.: No. Under the Law Act a tenant, holding over after the expiration of any' fixed term, however short, is deemed to* hold a tenancy with no agreement as. to its duration and. the statutory month's . notice , -is necessary. The fact that the rent was increased by so '/much per' week is immaterial. Q.: I bought, a house, paying a deposit and the balance at 15/- per week payable four weekly, the agreement providing for a penal rate of 2 per cent, if not paid within 14 days. Default having been made m one instalment, is vendor entitled to charge the penalty oh the whole balaiice of purchase money due or only on the instalment?— -"Stranger" (Wellington). ' ••■■■■.' A.: If the agreement is m the usual form, you are liable to be debited with the extra 2 per cent, for four weeks on the balance of purchase money then owing. . j ,

"Will I It I I IB | WAGES AND PENSIONS. j Q.: How many years must, a person live m New Zealand before, he. is entitled to. receive the Old Age Pension.? — ;"K.P." (Wanganut). ■A.: 25 years. ! • , MAINTENANCE. ' Q.: I am unable to work owing to ill-health and have no means of support. My /parents refuse to assist me on the J ground that I am over age, although they are' well able to do so. Cah I ,compe.l them to support me? — '^InquireiV' (Karioi). . \ -' A.: You can take proceedings against them under the Destitute: Persons Act. ■'•Q.: (1) Can -a girl aged. 17 leave home and earn her own. living- without her parents' consent? (2) I am separated from my wife, who has custody of the children by consent; I find that she is .keeping bad company. Can I obtain control of the children -in the- circumstances? . (3) I am paying maintenance under a deed of separation. I find that I cannot keep up the payments. Can I have the amount varied without going to court? ■ (4) Can I sue my wife for restitution of conjugal rights?— "S.F." Waimate. A.: (1) She can, provided she . can maintain herself and live m a respectable manner. (2) You can apply to the court for ~ custody. (3) You can vary the . agreement by arrangement with your wife! (4) No. The fact that -you had agreed to a separation would be a good defence on the part of yourj wife. . . . , ' GENERAU ' Q.: My husband and I were employed as sharemilkers on a farm. "We each had our own herd and received separate cheques. My husbandx has gone bankrupt. (1) Can his creditors claim anything I have bought or may buy out of my earnings? (2) Can they, demand that niy cheque be paid to them?— -"Kept Thinking" (Manawatu). A.: (1) No. (2) No., Q.:'(l) If acar is bought on the hire and purchase system 'and after a- few months the payments haying fallen m arrears, the buyer ""Ji returns the' car. I for how much is | he liable? (2) Can § the firm make mo 1 bankrupt?—"Anx- | ious" (Ashburton). | A.': (1) The arI rears up to the | date of return. § (2) Yes, provided I you are m debt | to the extent of | £20 or more. | Q.: My son pur- | chased a motor- | cycle on the hire--1 purchase system. 1 He go t several | months m arI rears with the in- | stalments. and n n ,„„„„„„„ „,i\\M eventually the » owners demanded the return of the cycle. The cycle was returned. The firm now demand all instalments due up to the date of the return of the cycle. Is my son bound to pay these?— -"HarleyDavidson" (Hawera). A.: Yes. :. ', Q.: Is a farmer required to give an employee a • holiday on full pay after 12 months' continuous employment?— "Farmer" (Upper Hutt). A.: Unless any particular Award provides for it, there is no obligation to grant a holiday each year. Q.: My neighbor's dog is m the habit of coming on to my property and worry! ng my fowls. What is my remedy? — "Mustered" (Bunny thorpe). A,: You can tell him that if he fails to keep his dog at home you will take proceedings against him. for damages. Q.: If liquor is sold m a no-license area is the vendor or tse purchaser liable to criminal prosecution? — "Subscriber" (Tahakopa). A.: The vendor., Q.: (1) Can a Government employee enter a partnership m business, go bankrupt, refuse to pay any debts, although earning £6/10/- per week, and still hold his Government position? (2) Can his superannuation be claimed by creditors?— "A Creditor" (Kilbirnie). -'■.■'_■ ' . ' ' ' A.: (1) That is a matter entirely for the Government. . Ordinarily, m the circumstances, he would lose his billet. (2) Not until it is actually payable to the bankrupt. Q.: My husband died intestate: four years ago. He left some money m the post office. Am I entitled to it? — "Anxious" (Opapa). ; ..-■'' A.: Yes, provided all his debts have been paid. : Q.: I got. an order on a judgment summons against a man, and he has to pay or go to prison for six days. Have I to pay for his keep m prison? If so, how much have I to pay a day? — "F.C." (Christchurch). A.: You. do not have to pay. for his keep. •■....'•_