INQUIRERS' CORNER

NZ Truth, Issue 1213, 28 February 1929, Page 20

INQUIRERS' CORNER

!|«'EK^^ by 'MNTERPRETER.'7,;i:!— 3 A ' £ II Answers will be published as early as possible after receipt of || II questions and so far as possible m order of rotation of receipt. §§ II All letters must be written m ink and be addressed "Interpreter, || II c/o "Truth," Manners Street, Wellington. While we take no || 11 responsibility for any answer given m these columns, every || 11 ■ endeavr- will be made to see that they are absolutely correct. n il to legal queries must be accepted merely as a || U guide as to whether or not it is worth while going to the ex- || = 1 pense of placing matters inquired about m the hands of a §i li solicitor for further action. . || 11 No replies can be made by post. No anonymous inquiries i| = [ will be answered, and inquiries of this nature will not be pre- 1j !§ - served. Frivolities and questions not of general interest will jj| If not be answered. |l It „ . - • - i!

WAGES AND PENSIONS. I

PROPERTY RIGHTS.

Q.: Can a man, 65 years of age, who lives m a house of his own which is worth £1150, obtain lull old age pension? He is not able to work, but desires to end his days m his old home.— "Inquirer" (Dunedin). A.: Whatever the value of his dwell-ing-house, if he has no other property or income he can draw the full pension. However, although the value of a home is not computed as capital, rents derived by letting or subletting are regarded as income. Q.: (1) I am a divorced woman having a separate estate. If I marry again is my husband to be liable for my present and past debts if I cannot pay them? (2) If I went bankrupt now would it stop him from entering -into business when I became his wife? — "Worried" (Heretaunga). A.: (1) No. (2) No. Q.: Does a. woman who has brought up a large family m New Zealand receive a pension when her husband dies leaving her unprovided for. or has she to go out working until old enough to receive the old age pension? — "Anxious" (Marton). A.: She may obtain a widow's, pension if she has one or more children under 15 years of age dependent upon her. Q.: My husband took a shearing contract and took me with him to cook for the shearers. Can I demand award wages from him' for the time I worked?—"R.E." (Carterton). • A.: No; MARRIAGE AND DIVORCE. Q.: A woman with property worth £20,000 takes the affection of my husband from me. If I divorce him, can I make a claim on her for damages? — "Wife" (Patea). . A.: No. The privilege of claiming damage's for adultery is confined to husbands. Q.: A woman, who has a daughter aged 19, marries a second time. This girl desires to marry. From whom is

I consent necessary, • t||im i the mother or the JU" step - father? — || "T.S." (Palmer- U ston North). |1 A.: The mother, if * * = Q. : A man men- =1 tally deficient is || persuaded to vol- || untarily enter a || mental hospital. || Can he gain his. if freedom again H without the sane- || tion of the mcdi- jj| cal officer m || charge?— " Doub- li ful" (Dunedin). H , A.: No. || Q.: (1) I mar- || ried a divorced | = woman. I find out || ; since she had not fl obtained her de- ii cree absolute. I t;j; What redress

have I? (2) Furniture, etc., bought m her name thinking she was my legal wife. Can I claim it? (3) Can 1 ciann engagement ring, also wedding ring? (4) Have. I any claim for general damages? — "Anxious" (Gisborrie). A.: (1) The marriage is void and she is guilty of bigamy. (2) Yes. (3) Yes. (4) No. Q.: (1) If a man who has not seen or heard of his wife for 10 years n'nirries again, will he be guilty of bigamy? (2) Can a man who lias no money get a divorce (wife not m New Zealand)? (3) If the child Avelfare officer takes my children because we are not m a position to keep them, will we be able to have them back if our position changes? — "Hard Up" (Waimate). A.: (1) No. (2) Yes, provided he can obtain a certificate from counsel that his cause is .a fit one for. in forma pauperis procedure and ' the court makes an order to that effect. (3) Not unless the Child Welfare Department consents to their returning. You have no legal right to compel their return. The principle of the Act is that once a child is committed it must remain .until it is 21 unless the department decides otherwise. MAINTENANCE Q. : An old couple receiving the old age pension own a small dwelling. In the event of their death they would desire to leave the house to their sons and daughters. Could the Pensions Department claim ariy part on account of their being m receipt of the pension before death? — "Enquirer" (Runanga). A.: No. . :

Q.; I have a section at Green Island which is i'ree from noxious weeds, but the surrounding sections are a mass of gorse. The council, although appealed to for nine months, has done nothing. What remedy- have I? — "G.S." (Diinedin). A.: You cannot institute proceedings yourself as under the Noxious Weeds Act, 1928, action can only be taken at the suit of an inspector. Your only remedy appears to be to apply to the Minister of Agriculture under section 28 of the Act to direct an investigation by a departmental inspector. If so directed by the Minister and after notice to the local authority such an inspector has power to supersede any inspector appointed by the local authority. LEGAL. Q.: I sued a firm of station agents for accounts and when I was under crossexamination counsel for the defendants asked me with reference to a sale of a section I had. made whether it was not merely a fictitious sale to prevent thes property falling into the hands of my creditors to which I replied, that it was a lie. The above question and answer appear m the report m the local paper. Have I any remedy m respect of thepatter ? — "K.I.H." (Aria) . A.: You have no remedy by way of action either against the solicitor who asked the question or against the paper that published it. The solicitor is absolutely privileged as to anything he says m court m the conduct of litigation. If he misconducts himself the remedy is the summary jurisdiction of the court to punish for contempt of court. The paper is privileged on the ground that the report is a fair report. It gave equal publicity to the question and to your reply. Q.: I am lessee of concrete shop on ground floor. The adjoining building is a two-storey wooden building, and the tenant of the second floor of such building has a burst water pipe as a consequence whereof my stock is damaged through the water entering

my shop through a winnow not watertight. Against whom can I claim for the damage? — "1.D." (Tauranga). A.: The tenant whose water pipe burst is no doubt liable to the occupier immediately below him, which liability you say he admits, but as to whether you can recover depends on whether the damage to your stock can be said to be the reasonable and proximate consequence of his breach of duty m not controlling -

I the water brought on his premises. The answer to that question depends on all the circumstances of the case. In most cases he would be liable. You cannot recover from the owner of your own premises unless you can prove that the want of repairs to the window amounted to . a. breach by him of the terms of your lease.. GENERAL. Q.: Prior to going away on my Xmas Holidays, I informed my landlady that I would be away from- tho boarding-house for 9 days and during my absence she could let my room, if she had an offer for the same. I packed my belongings and kept my gear m a corner of the. room. On my return she claims board and lodging at the full- rate. Am I liable? — "Paddy" (Auckland). A.: Yes. The conversation amounted to an uthorit.y by you to your landlady to sub-let the room on your account. You are liable on your contract, but she must give you credit for anything she received. Q. : Is it permissible, under the Education Act, for husband and wifu to act on the same school committee :it the same time ''—"Inquirer" (Hawera). A.: Yes. If one is a householder the other must be. Q. : (1) Is the consent of the mother of an illegitimate child required to tne child's marriage -while still a minor? (2) Can an illegitimate child be compelled to contribute to his mother's support under the Destitute Persons Act? — "Wantano" (Hamilton). A.: (1) Yes. (2)- Yes.