INQUIRERS' CORNER

NZ Truth, Issue 1214, 7 March 1929, Page 20

INQUIRERS' CORNER

'HNUHHiHHiHttimiiiiiiHniiiiiiiiiiiiniiiiiiiiip.,.- J„.i. j 1.. «[ MTtODDCTCD „iiiiimiiiiiimiimiiimiiiiiiimiiiiiiii»imiM iiniMiiiimiiiiimmnimiiiiimiiim 1111 l oy IIN I CnrnCl tn. » urn iimimniiiiimimiiimuimiii 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, fi/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 ex- . pense 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'preserved. Frivolities and questions not of general interest will not be answered. -

MORTGAGES. Q.: With my father's verbal permission I built a small cottage on his section. Unknown to me he has mortgaged this section with his adjoining land. What is my position?—"Enlightenment" (Napier). • ■ A.: As against the mortgagee you have no right whatever. If he has to sell he can sell your cottage as he holds his security without . any notice of your claim. Nor does it appear that you have . any claim against your father either, i.e., if the transaction were simply that you built the house without any collateral agreement even if only verbal for the purchase or transfer of the section. If there were any suchagreemeht.it can be enforced. Otherwise the rule is that if the possessor lays out his money with a full knowledge that the property which he improves belongs to another he makes the outlay at his own cost. It is not the law that whenever a man lays out money on another person's land with the consent of the owner that he has a right to have it repaid. LEGAL.

Q.: If when 'getting married you filled m the marriage license and put your age down as 50 years instead of your correct age, 55 years, would you be liable to nrose-

c v t i o n? — "Joy Bird" (Raetihi). A.:\Yes. But the penalty would not be yery serious. Q.: If I am riding on a public or private road with dogs and on my correct side, also •the dogs, and a motorist l^ills one, have I any claim? — "A.D.W." (Timaru). A. : In both cases you can claim if you can prove negligence on the part of the motorist. Q.: I and my neighbor are living m flats and both use the jsame. yard. Sh e " re- ' moved a piece of burning timber from the copper and threw it m the yard. My two children, aged 2 and 3, were playing m the yard m. their bare feet and trod on the ashes •and Cwere burned. Can I claim damages? — "B v m t Foot" (Auckland),. A. : Sh e wa s guilty of negligence. A jury awarded damages m Wellington under similar circumstances some time age Q.: When 18 years old I sffned a hire purchase agreement by which I agreed to buy a second-hand motor cycle. I made default m the payments and the vendor seized, there being then £9 m arrears. Am I responsible for the arrears ?— "Rata" (Port Chalmers). A.: It cannot be contended that the motor cycle was ia. necessary If sued for the arrears plead infancy. You cannot recover what you have paid. Q.: My neighbor has an ice cream plant which runs until midnight every day m the week, thus preventing sleep until that hour. What remedy have I? — "Sleepless". (Te Kuiti). A.: You can take proceedings m the Supreme Court for an injunction preventing the operation of the plant after a certain hour or otherwise so as not to constitute a nuisance. Wages and pensions. Q.: I was convicted of theft ten years ago. Does this prevent my obtaining the old age pension now? — "A.C." (Dunedin). A.: . Since you were not imprisoned but merely admitted to probation, you are. not prohibited from obtaining the pension. MARRIAGE AND DIVORCE. Q.: Two years ago I was served with divorce papers by my wife, who took proceedings m England. I did not appear m the matter and I have heard nothing further. Am I free to remarry ?— "Anxious" (Greymouth)". A.: If you re-marry before the decree has been made absolute you will be guilty of bigamy.

WILLS.. Q.: I recently divorced my husband. He is now dead. If he died intestate is his.' estate available for our child? — "Inquiry" (Raetihi). A.: Yes. Q.: My brother died intestate, leaving me the sole surviving -brother, although there aie children of other brothers and sisters still living. How will his estate be divided?— "Anxious" (Christchurch). A.: The nieces and nephews will take the share of their deceased parent. Thus if there are two families of nieces and nephews living, the estate would be divided into three and you would get one share. I GENERAL. Q.: The local Domain Board had a meeting and decided to call for tenders for levelling the domain for sports. Instead, two of them did most of the work and got an outside man to assist with the horses, the outsider col- ' lecting all the money and then dividing with the two members. Is that, legal and what steps should be taken to remove them from the board? l—"Contractor" ( ).

A.: Their conduct is illegal. Under the Public Revenues Act, 1926, the duty is imposed on the Audit Office of checking the accounts 06 all Domain Boards and recovering from the members ail moneys illeg- , ally spent. Better • furnish them with a statement and ask them to investigate. Q.: I am a widow and have been looking after my unmarried daughter's illegitimate son, now ten years old. In the event o f my adopting him,' can the secret of his illegitimate birth be kept m the eVent, say, of his applying for a Government position? — "Hopeful" (Auckland). A.: Yes. The , adoption order is filed by the Court with the Registrar of Births, who will then issue you a birth certificate disclosing neither the name of the true parent nor the fact of adoption. Q.: My unmarried sister had a

t girl 'child, my hurt- , band being the, father. What relation is my sister's child to my children? — "Worried" (Wairoa). A.: Cousin and step- sister combined. Q.: I am paying maintenance fbr an illegitimate child. Can I go to Australia to reside without interference from the- police? — "Pearl" (Christchurch). 1A.: You will have to get permission from a magistrate to leave New Zealand, otherwise you will be guilty of a criminal offence. Q.: I took my brother's child to keep at the age of three weeks with full consent of his parents, having m o children of niy own, with the under^ standing that he was not to be adopted, but brought up to realise who his real parents were. They promised verbally the5 r would never claim him. He is now S and through family disturbances they declare they will take him. Can they do so? Is his wish to be considered? — "Worried" (Abbotsford). ! . A.: Ordinarily the court hesitates to deprive the actual parents of their natural rights, but the paramount consideration is the welfare of the child. They certainly seem, to have forfeited their claim, especially if you have brought the child up at your own : cost. Defend the case and bring all the facts to the knowledge of the court.' Thc wish of the child when it is old enough to have an opinion is always an element taken into account. Q. : I owe a certain debt which I am unable to pay. I offered a small amount which was refused. Does this absolve me from all ' duty to pay? — "Braille" (Auckland). A.: No. The lender has the right to demand payment of the whole amount.