INQUIRERS' CORNER

NZ Truth, Issue 1211, 14 February 1929, Page 20

INQUIRERS' CORNER

}"S"irZ!SSS;Cond ucted by " I N T E R P R ET E R."!!!!!!!!!!!"i!i!m:!m!inm:"""!"m!!i"!""»""»|' j H Answers will be published as early as possible after receipt of §§ §1 questions and so far as possible m order of rotation of receipt. U || All letters must be written m ink and be addressed "Interpreter, || I| c/o "Truth," Manners Street, Wellington. While we take no || ll 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 ex- || H pense of placing matters inquired about m the hands of a \\ II 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- || |1 served. Frivolities and questions not of general interest will || = = not be answered. . ■ II

MARRIAGE AND DIVORCE. Q. : After being married for a few weeks, my wife left me and went to live with her parents. A child has recently been born, but my wife still refuses to return to me. Am I liable for the maintenance of the child? — "R.E.L." (Denniston). A ; : Yes. Q.: The father of a girl under age refuses to consent to her marriage. Do the facts that he is living with another woman and that he consented m the first place to the engagement justify the girl m marrying without his consent?—" Constant Reader" (Karori). A.: No. Although he is living m adultery he may have valid grounds for refusing his consent and approval of the engagement does not necessarily imply consent to thb marriage. Both facts may be relevant if the girl applies to the judge or magistrate for consent. \ Q.: Is it possible to i obtain a divorce with a written statement of misconduct? — "G.J." (Hawardeh). A.: The court will not act on a written acknowledgment alone. It will be some evidence of misconduct, but corroborative evidence will be required. Q.: I desire to marry a girl aged 20^. Her father and mother are dead. No guardian has been appointed, but she has an elder brother who states that he has power to prevent the marriage. Is that correct?— " Fair Play" (Dunedin). A.: No. Q.: I have an illegitimate daughter aged 17 who wants to marry without my consent. She has always been known as my sister, but I have recently told her of the true relationship. Can she marry without my consent. She has always taken her father's name. Will she not have to be married m my maiden name and will her birth certificate have to be' produced? A.: If you elect to make the truo relationship public your consent will be necessary. Otherwise if you go on pretending you are sisters it will not. There seems no reason why the marriage should not be completed without disclosure. She can marry under the name she has .been m the habit of using and production of her Birth Certificate is not necessary. MAINTENANCE. Q.: (1) I am the father of an illegitimate child. I signed papers agreeing to pay the maintenance of the child. I now wish to marry the girl, who is under 21 years of age, and the parents will not give their consent. Have I any remedy or must I maintain the enild without the option of marrying. (2) After signing the papers I find there are others concerned m case who have been intimate with girl. Can I have them brought ' ■

into the case or am I the only one concerned after signing the papers? — "Anxious" (Dunedin). A.: (1) You must maintain the child, despite the fact that you cannot marry the mother. (2) If an affiliation order has not been made against you, you may call evidence showing that the girl has been intimate with other men. If an order has been made, you may be able to secure a re-hearing. Q.: I left my Vinohanrl t h r P P.

years ago over , . . another man. I /have kept myself. I am now very ill. Can 1 now force my husband to maintain me. He has not moved to divorce me? — "Cora" (Invercargill). •■ • « ■ A.: A married woman guilty of adultery must still be maintained by her husband if she is a destitute person, i.e., unable to support herself by her own labor, the principle of the legislation being that the husband' must pay before the State. Although hitherto able to work it may be that now owing to illness you are destitute. If so, you can obtain an order against your husband from which liability* however, he can escape by divorcing you. Q.: Is a woman responsible for .the maintenance of her illegitimate son's wife and children, the son haying died?— "Hirree" (Haiiraki Plains). A.: She is responsible for the maintenance of the grandchildren if she is of sufficient ability so to do. She is not liable for the maintenance of the wife. .■•"'" WILLS. Q.: My husband made a will m my favor m England. We "are now domiciled m New' Zealand. Is the will still valid?— "Anxious 1 ? (Auckland). A.: Yes. ? , Q.: (1) In the case of a married couple without children, how would the estate be disposed of (a) if the husband dies intestate first; (b) if the- wife dies intestate first? (2) What are a land agent's fees on the sale of a property worth £800? — "Madras" (Christchurch). A.: (1) (a) £500 and two-thh-ds of the remainder go to the wife. Onethird of the remainder goes to the ( father, or if no .father, to the mother and brothers and sisters equally. If there are ho near relatives the whole goes to the wife, (b) The position is the same m favor of the husband. (2) Usually £25. ■ • Q.: May a will, deposited with the Public Trustee, be perused by any of the family without the knowledge of the testator? (2) How does the law provide for the distribution of property among . a family? (3) In the event of gifts being,, made before death, or per. will after death, to one outside.' the family, would such be recoverable after death of testator? (4) How long before death must a man 'transfer property to members of his family so that death duties may be avoided? (5) Are death duties charged on gross, or net . value of an estate? (6) What percentage is charged? (7) : Could property be transferred to. members of the family without- the knowledge of the persons to whom ' it- :i*s, transferred.?— "lgnoramus" (Auckland);; '. ■. „ " . . A.: (1) No. (2) The property is distributed according, to the provisions of the win. If no,. will is made, one third goes to the wife and the remaining 'two-thirds to the';. children equally: (3). No. '(4) Three years. (5). Only on the net value after deducting all debts. (6) There is a scale varying 'according ' to the amount of the estate. (7) It is possible m cases where the transferee's signature is not required to the document of transfer.;

WAGES AND PENSIONS. Q.: If a widow re-marries, does she lose her pension for both herself and her children?— "TV (Waihi). . A.: Yes. Q.: Is a person drawing the widow's pension not entitled to the old age pension also? — "Anxiaus" (Auckland). A.:, No. HOUSING AND RATES. Q.: I took possession of a flat on a Sattirday, rent payable weekly m advance. The landlord informs me that I will have to leave on. a Friday as that is the end of a week. Is that correct? — "G.S." (Petone). A.: According to the rule that the law does not regard fractions of a day, your week will end at midnight on a Friday. Q : I rented a dwellinghouse for six months under a written ' agreement, which contained no clauses binding the landloi-d to repair or otherwise as to the condition of the premises. I found the house uninhabitable owing to insanitary conditions. Am I bound by the lease?— "ln Doubt 1 !' (Invercargill). A.: As the agreement did not bind the landlord m any way to repair, you are bound for the full term of six months, and must continue to pay the rent. Your only remedy is to apply to the Local Authorities to exercise their powers under the Health legislation. PROPERTY RIGHTS. Q.: (1)' My neighbor has several fruit trees which overhang my boundary. Have I any remedy? (2) My house is within IS inches of the boundary fence. My neighbor has refused me permission to go on his land m order to paint my. house. Can he be compelled to allow me to use his land? — "W.H." (Auckland). A.: (1) You can insist on their being cut back to the boundary. (2) No. He is legally entitled to refuse you permission. , GENERAL; Q. : (1) How long does a bankrupt have to wait for his discharge from date of filing? (2) Can a bankrupt open a banking account during bankruptcy?—" Constant Reader" (Napier). A.: (1) He can apply at any time. (2) Yes, but if his creditors are still unpaid, the assignee may take the moneys deposited for the' benefit of the creditors. He ■ would not be likely to interfere, however, if the deposit simply represented the bankrupt's earnings. Q.: If a retailer has an article m his window marked for instance 10/- and , the correct price is 'l7/6, can he be compelled to take the article from the window and sell

it at 10/-?— "The Mug"( Wanganui). A.: No. Q.: My son attended a military camp. After three days he became ill and was sent to hospital without rriy consent. I have now received an ac -• count from the hospital. The Defence Department refuse to accept liability. What is my posit ion? — "W.P." (Invercargill). A,: The Department will only accept liability if you can p rove that the illness was directly due

to his military service. Otherwise your son is personally liable for the hospital fees. \ Q.: I am an apprentice to a furniture trade and I signed an apprenticeship contract to serve five years. At the end of my fourth year I became of age (21). (1) Am I compelled to serve my live years as an apprentice? (2) Can I leave if I wish to without serving my extra year? — "E.E.J." (Wanganui). A.: (1) Yes. (2) No. , Q.: My husband's health was undermined during the' South African »War and as a consequence he is likely to be a considerable time m hospital. Ho has been unfortunate m business and consequently for some years I have had to work. Am I liable for his debts? — "Overtaxed" (Wellington). A.: You are not m. any way liable. LEGAL. Q.: A certain contractor, working for the owner of land is unable to pay "his workers' wages. Have the latter any claim on the owner of the land?— "L/.T." (Featherston). A.: Yes. Notice should be given him of . the 1 facts. He is' bound to keep 7 /4 of the money payable under the.v contract for .31 days after the completion of the contract to meet such' claims. If he does. not keep this amount,'. he 'shall remain liable for it to th* unpaid workmen. Q.::I. have been keeping company with a girl for 5 months and now find that she is 7 months pregnant. In the event of not being able to trace the father, will I be responsible? What is the usual order? — "Sailore Devon" (Liinwood). ' A.: Not necessarily. If it be the truth, you will have to show simply that you are not the father. It is not essential but most helpful to this defence if you can at the same time point to someone else as the probable father. The usual order is for say £12 12s. expenses and maintenance at 15/- per week for 16 years. REPLIES IN BRIEF '.'Constant. Reader" (Lower Hutt) : The builder will have to stand any additional payment.— "Anxious" (Wellington): This will depend entirely on the wording of the document you signed.—"Anxious" (Hastings) : You can serve a notice to repair, under the Fencing Act, and if he then takes no action you can have the fence repaired and recover half the cost from him.- — "Constant Reader" (Wellington): You can compel the owner for the time being to remedy, the matter. If the fence is destroyed he will have to renew it. — "A' Worried Mother" (South Dunedin): After making a. reasonable deduction, for the cost of boarding the various children it appears that you are still entitled to the pension of £1 10s: per week.— "Questioner" (Tuaranga) ■': You- can claim maintenance.— "Fail- Go" (Stratford) : No.— "An Old Subscriber" (Whangamomona) : Yes... — "Constant Reader" (Kensington): You will have to pay your solicitor his fee for extracting the decree absolute.—"Constant Reader" (Linwood) : "1.0. U. £5" is. sufficient. The document should be dated and signed.— "Anxious" (Wairoa): Not unless any particular award provides for it*