INQUIRERS' CORNER

NZ Truth, Issue 1209, 31 January 1929, Page 16

INQUIRERS' CORNER

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Answers will be published as early as possible after receipt of questions and so far as possible m order of rotation of receipt. All letters must be written 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. * Answers to legal queries must, be accepted merely as a guide as to whether or not it is worth while going to the expense 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, and inquiries of this nature will not be. pre. served. Frivolities and questions not of general interest will not be answered.

"a iiiifiiiiiintiHriuiiiiiiiMitiiiiiiiiMiiiiiiintitiMiiHMiiiiitii A nMiiiiMitiiiiiiitiiniMiiiiiniiititiHiilMiniiiiiiiimiriu'iii MARRIAGE AND* DIVORCE. 1

Q.: I have not seen or heard of my wife for twenty years. Can I remarry without being guilty of bigamy? — '.'Anxious" ; (Christchurch). • A.: Yes! ' ,'.- Q.: (1) I married a woman with an illegitimate child.' Does the child become legitimate by my marrying the mother, as its own father is deceased? (2) If not, can I go to a court and have her adopted and take my name as my own* child, free of charge, as I am only a working man? — "Worried" (Wellington). A.:'(l) No. (2) You can adopt her, but you will have to pay up to £10 m order to Have the matter disposed of. HOUSING AND RATES. "Q.: I have a house and section m Christchurch oh which I consider the Government valuation is too high, therefore making my rates too high. (1) : Can I compel. the valuation lo be lowered? (2) If the "Valuation Department won't lower same, can I compel them to buy premises? — "Overtaxed", (Christchurch). A.: (1) You must wait. until the property is re-valued. You can then, within the time allowed by the "Valuer General, object to the valuation. (2) Within 14 days of the announcement of the finding of the Assessment Court you may require the "Valuer General to reduce the valuation or else acquire the land on behalf of the Crown at his valuation. . . Q.: Iwas a weekly tenant and gave one week's notice on a Wednesday, the weekly rent day being Friday. I left on the Saturday. What can the landlord claim m lieu of notice?— "H.G." (Wellington). / A.: The week's notice terminating a weekly tenancy must expire on __ „l,lllllll|,|l||||m »»»»'iiiiiiiiiiiiiiiniti

must expire on the Ayeekly. tenancy day. The landlord is therefore entitled to charge you rent up to the Friday -following the day ybu left. , Q.: I have received a rate demand from the Wairau River Board. The rate is struck on the capital y a 1 v c, whereas the Marlborough County is rated on the unimproved value. Can' I refuse to pay these rates on the ground that they are unlaw, fully levied ?— . '■Rates" . (Blenheim).;

i:A.: r . Yes. : The s,lll'iimiiiiiiiiiiiiimiiiiiiimiiiiiiiiniiii Rating Act, 1925, Section 4, provides that where the county rates are levied on the unimproved value, any local authorities within the county shall also: levy rates on this system. The Wairau River Board has not obeyed the provisions of the Act and the, rates are therefore unlawfully levied. As to whether individual ratepayers can refuse to pay, it would appear: that Section 66 of -the Rating Act, 1925, applies. This section says that the invalidity of any rate as a whole shali not m general avail to prevent the recovery, of the rate. It would therefore appear necessary for the parties aggrieved, by appropriate action, to have the rate as a whole set' aside. WILLS. Q.: A friend of mine died m Hastings some time ago. Is it possible 1 to see the will, and where can it be seen? — "Anxious" (Napier). A.: You can obtain a copy from the Supreme Court Registry, Napier. Q. I am a stranger, to New" Zealand. All my people reside m England. If I die here : can I prevent the Public Trustee, obtaining control of my property? (2) Is :a will made m my own handwriting valid m New Zealand. (3) How can I prevent the interference of the Public Trustee?— "A.M." (Auckland). : • A.: (1) Yes. (2) No. A will to be valid m . New Zealand must comply with the Wills Act, 1837— i.e., it must be signed m the presence of two witnesses, who must afterwards m the presence of the testator and of each other sign the will as witnesses. (3) You may exclude the Public Trustee by naming an executor m your will. In order to make certain of doing so you should have your will drawn up by a solicitor. ■ COMPENSATION.; Q.: I went for a tour m a friend's car. I met with an accident and had to spend some time m hospital. Can I claim damages from the driver of the car?— " Hard Hit" (Otahuhu). A.: If the accident was due to his negligence you can claim damages.

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Q.: My wife signed an order to take an industrial art desk; can __ refuse to take same? — "D.A." (Lower Hutt). A.: Your wife will be liable m respect of her separate estate only, but you will not be responsible m any way. Q.: Can I compel my next-door neighbor to cut down a willow tree growing right opposite iriy kitchen window? — "Interested" (Otago). A.: You can, have the overhanging boughs cut back to the boundary, but you cannot have the tree cut down.MAINTENANCE Q.: My adult daughter died m thc Auckland Hospital, leaving no property whatever. Am I liable for the cost of her treatment at the hospital? —"Father" (Auckland). A.: No. WAGES AND PENSIONS. Q.: I am a widow, 60 years of age, drawing the widow's pension for myself and one child. Am I entitled to the old age pension also? — "Reader" (Auckland). A.: No. Q.: How long. does an Englishwoman have to reside m New Zealand before she can claim the old-age pension?— "Bunyip" (Tolaga Bay). A.: Twenty-five years. GENERAL. < Q.: Sometime ago I was given a dog, which I kept for some months. The former owner borrowed it on the pretence of. having its photo taken, and I find he has now given it to another. Can I recover it?— " Sport" (Stratford). | A.: You can bring an action against

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Q.: I left niy child when Al months old with' the keeper of a registered home at £ 1 per wee k . When the child was 3 I remarried and my husband desired to adopt the child, but owing to the fosterparents' protests we did not go pn with the application, but have paid her nothing since. Now she is sending the child to school m her name. Ca;n I recover the child now? — "Worried

| Mother". (Tokomar u) . : A.: You are entitled to recpver the child. The procedure is by writ of Habeas Corpus requiring; the foster parents to produce the child. Q.: I lent a sum of, money to a friend to be paid "as soon as possible." Five years have now elapsed and the money has, not been repaid. Can I recover it?— " Principal*'; (Master-ton). A.: You can take proceedings for its recovery, but you may have difficulty m proving the transaction unless you have witnesses to it or a document signed by the borrowers setting out its terms. Q.: (1) I signed a promissory note and find it is impossible to meet same, so : have made an offer of one-quarter the amount, -vyith interest and monthly instalments' for the balance. This the holder of P.N. refuses. What is reposition? (2) If a P.N. is endorsed by a single-girl and she marries m the meantime, is she or her husband liable? — "Cohstant Subscriber" (Mangratoki). A.: You ir can be sued on the P.N. for the full .atriount and have no defence. Raise the question of your means if a judgment summons is taken out. (2) She is liable, but her husband incurs no liability. LEGAL. Q. : A 'man representing himself -to be a qualified veterinary surgeon called at my farm and inspected my herd. He gave me a prescription and charged me £1. I gave him a cheque payable to his order. Next day, becoming suspicious.M rang, the bank and stopped payment of the cheque, but m the meanwhile the cheque had been cashed with a local tradesman. Am I liable to thQ latter for his loss?— "CS." (Tauranga). ■■ . . .--'"' A.: Yes, you are liable to the tradesman, who -is a bona-fide- holder for value. If the man proves to have been a fraud you have an action against him for- the recovery of your money. You can also commence a criminal prosecution for obtaining' money byfalse pretences.