INQUIRERS' CORNER

NZ Truth, Issue 1212, 21 February 1929, Page 20

INQUIRERS' CORNER

pSSSSSSSConduettd by 'MNTERPRETER/^:^ 1 ;::;;::::";::!;!!!""!!!";!!!!!!!!"" ' I Answers will be published as early as possible after receipt of I questions and so far as possible m order of rotation of receipt. I All letters must be written m ink and be addressed "Interpreter, I c/o "Truth," Manners Street, Wellington. While we take no I responsibility for any answer given m these columns, every I endeavc:- will be made to see that they are absolutely correct. I Answers to legal queries must be accepted merely as a I guide as to whether or not it is worth while going to the ex--1 Pense of plaoing matters inquired about m the hands of a I solicitor for further action. I >No replies can be made by post. No anonymous inquiries I will be answered, and inquiries of this nature will not be pre- = ' served. Frivolities and questions not of general interest will i I not be answered. 3 5

MARRIAGE AND DIVORCE.

Q. : I obtained a decree nisi against my wife. Before the decree was made absolute my wife died. Am I entitled to remarry without obtaining the decree absolute? — "Li.W." (Napier). A.: Yes, death of either party automatically terminates the marriage. Q.: I have been married ten years and have met a man who wants to marry me, for whom I care. I am going to separate from my husband, who will do everything m his power to prevent me getting my freedom. Is there anything I can do to get a divorce without having to wait three years? — "Anxious" (Hamilton). ' ' A.: No. EVen if your husband consents to a separation it does not follow necessarily that you will get the j divorce m three years. If he defends and can show that the separation was due to fault on your part the court has a discretion to refuse a decree.

LEGAL.

Q.: I bought a milking plant from a man, but no agreement was drawn up. I paid him a deposit for two years' interest on the balance and reduced the pi'incipal twice. It was insured for £200 m his name, and I paid the premium for two years. The plant got burned down. What amount of the insurance money am I entitled to? — "Anxious" (Matiere). A.: He is entitled, to the balance owing 'to him of the purchase price. You are entitled to anything that is left. Q.: My mother has recently died. Can I claim the presents I gave her at various times or has my father an ex-

elusive claim? — "P.P." (Pahiatua). A.: The presents ■become your mother's property and so are part of "he estate to be disposed of according to her will or on intestacy as the case lay be. Q.: I was inred by a motorcar which the .Iriver had ob - lined on the hire - purchase system, and. which after the accident was seized by the firm which owned it. I have judgment against the driver for the amount of ny claim, but I "•"^t recovei' anything from him. Have I any claim

1 I .; Those Po. traits I =a ' - i| |l || If Q-: I signed an order to a || \\ portrait enlargement company || || — on the usual terms, 39/6 for H || the portrait to be delivered m a 1| || suitable frame at a price to be || li charged for, but acceptance not || II compulsory. When delivered H ll they wanted £5/9/6. I paid || \\ 39/6 m cash and was induced || li to sign a p.n. for the frame on || if the representation that the por- f| 11 trait would fade and be use'ess || ll if taken out of the frame. Am || \\ I liable? — "Kept Thinking" \\ \l (Oamaru). ' ' II il A.: You were induced to give ll || the note by fraudulent mis»*fln- || if resentation, and the whole || || transaction is marked by fraud. || |1 Lat the comnany know that you || If will resist their clpim on that || || ground and they will not trouble || %\ you. \\

against the owners of the car? — "Motor Driver" (Paraparaumu). A.: No. The best thing you can do is to press the driver for payment by issuing either distress warrants or judgment summonses against himr Q.: When I informed my employer's agent of my claim for overtime he said, to me it was roguery, that only a thief would claim it. No one else "was present. Can I sue him for slander? — "Honest Toiler" (Lawrence). A.: No. There was no publication as no third party heard the words. Besides, the -context shows that the term "thief" was used merely as abuse and not as implying that you were actually a thief m the legal sense.

WILLS.

Q.: My mother married again about ten years ago. She contributed £100 towards the purchase of furniture for the new home. Two years before she died my step-father bought a house and it was agreed that it should be m their joint names By her will my mother has left her estate to her children. The trustee inf6rms me that according to the deeds, the house reverts to the survivor. Is that so, and does the same apply to the furniture? Is my step-father responsible for the support of my brothers and sisters? Have they any claim under the Family Protection Act? — "Honest" (Waikoualti). A.: If the conveyance of the house is to them as joint tenants, p'ima facie the survivor will take the whole. But Courts of Equity do not favor this right of survivorship, e.g., they will hold it inapplicable if the owners were partners, or if, as was no doubt ihe case here, the purchase money was found m unequal shares. If the trustee founds bis opinion only on the deed he is qtiite likely to be wrong. The right of survivorship could not apply to the furniture. Your step-father is liable for the support of the children until they attain 16. but tv.py iinve no claim under the Act you mention.

PROPERTY RIGHTS.

Q.: A property is left by will to A. for an estate of freehold for his life, and on his decease to B. his wife, for her life, with remainder to C, D. and E., their children, m fee simple. Can we sell this property if all are of age? — "Dilemma" (Cnristchurch). A.: Yes. By agreement you can convey the property to a purchaser freed of all interests under the will and divide the purchase money as agreed. The life tenant m possession has also the right m certain cases to sell without the consent of the others interested, but if he does the purchase money must be held on the same trusts as the land. Q.: A. sells a section to B. B. plants a live hedge between A. and B. on the boundary. B. sells to C. A. will not cut his side of the hedge. Can C. compel him to,, or must C. allow the hedge to spoil for want of cutting?— "Fifty-fifty" (Pukekohe). A.: The live hedge is a boundary fence and both owners are interested m its maintenance. Serve a repair notice, and if disregarded apply to the magistrate. If the hedge is of any of the plants, specified m the Noxious Weeds Act, it must be trimmed each year by the owner. .

OENPRAL

Q.: (1) I am a domestic servant. Can I be compelled to wait up until 10 p.m. every evening to get supper? (2) Can I be compelled to replace crockery broken accidentally? — "Goldie" (Gisborne). A.: (1) You are obliged to obey your employer's orders, ' otherwise you will be liable to dismissal. If your work is too hard your remedy is to give notice and leave. (2) If the breakage is accidental no, but if negligent you are

L;i\v Act would be applicable, if these have been complied with, the contract is valid and you are liable for the balance of the purchase money; if they have not then the Statute declares the transaction to be absolutely void, but that does not entitle you to recover what you have paid. Q.: I have been boarding at a house and have paid by the week. The day before I left on my holidays I paid up to date and told the lady I would not be coming back aftej) the holidays. She is now claiming a week's board, m lieu of notice. As we had no agreement on this point has she a legnl right to claim on me? — "Anxious . Reader" (Wellington). A.: She is entitled to the week's board. Q.: Is it possible for a member of the House to find out after the elections how an elector has voted? — "Curious" (Invercargill). A.: The. members have not access to the voting papers, nor can tKey find out how anyone voted. Q.: Up to what age must I send my children to school? If they have to ride to a country school am I entitled to a shoeing allowance?— " Cupid" (Wairoa). A.: Since 1914 — 15 years. There is no such allowance. Q.: Is every driver of a motor vehicle required to insure under the Motor Vehicles Insurance (Third -party Risks) Act, 102S? — "A large family" (Palmerston North). • A : No. The owner only, of every motor vehicle is required to insure against claims by third parties m respect of damage done by that vehicle. Q.: What constitutes a householder? — "Inquirer" (Hawera). A.: Every adult male or female person resident for three months m any dwellinghouse within the dj«ti*Srt ns owner or tenant and the father or guardian of any child attending the school and the husband or wife of any such person.

technically liable. However, the breakage penalty is scarcely ever ttempted to be enforced. Q.: In 1925 I ■"r^d an order to take delivery of a 1 .\n.! nary for £8, to be paid >efore delivery. I aye paid £4/10/- --■ yd- te, but cannot pay the balmce. Can I recover the money lid and cancel 'he contract? — "Ardent Reader" Featherston). ' A.: As apparntly the dictioniry was not to be delivered at the nent, the Book >.... 1,. ., Prf! > protection Clauses of the Mercantile