INQUIRERS' CORNER

NZ Truth, Issue 1216, 21 March 1929, Page 9

INQUIRERS' CORNER

sjj mu,mm,, m , mi ,;;;!i;;;;;;!;;!jj;;;;!!;j!;;j™Co nd ucted by " I N T E R P R ET E R. "minium mi. i "m """5 = >■ || Answers will be published as early as possible after receipt of || , ||" questions and so far as possible m order oC rotation of receipt. y i| All letters must be written m ink and be addressed "Interpreter, y Ijj c/o 'Truth/ Manners Street, Wellington. While we take no y il responsibility for any answer given m these columns, every y ii endeavor will be madeto see that they are absolutely correct. y ll Answers to legal queries must be accepted merely as a y ll' guide. as to whether or not it is worth while going to the ex- y || Pense of placing matters inquired about m the hands of a y, || solicitor for further action^ ;■ .. U II ;No replies can be made by post. No anonymous inquiries y II will be answered, and inquiries of this nature will not be pre- || || *«rved. Frivolities and questions not of general interest, will || ia not be answered. Ii

ISiiiiiiniiiiiHmiiiiiiniiimiiimmitiiiiitMitiintiiiimtiiiuiiiimifmiiiin'inuMinnitiniiiimiiiiii COMPENSATION. , Q.: I am, employed' as a motor mechanic. My employer requested me to ride a motor-cycle m a reliability trial, during the course of which I broke an arm. Am I entitled- to compensation from the employer?— " Compensation" (Invercargill). . A;:-.> Yes. It seems clear that the accident took' place m the course of your employment. V • Q.:. (1) I liaye a boy working for me riot insured; he- cut his ' hand and . I paid him full wages. Do I haVeto pay his doctor's bill? (2) lie' is how.' in hospital with some other sickness. Do I have to pay wages while there?— "J.P." (Hanmer). Ai.: (1) Provided, the Act is applicable you are liable for reasonable medical expenses not exceeding £1, Dut you were only bound : to pay him twothirds wages. (2) -No, provided sickness was, not the result of the accident. MORTGAGES. . Q.: When a property is. sold by the mortgagee has the advertisement for. sale of same to bewoided m speech form?— -"Mortgagor" (Wellington). ■-.- A.: No. If he iikes to take the risk he need not advertise the. sale, at all. If the sale is through the court the advertisement is approved by the registrar.' ■• ■ . ' - , ■'.-' i MARRIAGE AND DIVORCE. Q.: (1) I have been ; mutually separated, fiom my wife legally, for 12 months. y'Cbuldy Ave'- ''get';', divorced; toy mutual consent before three years elapsed? .(_>' If not, could I ob'£a'in a divorce after three years' mutual separation; and would I still have: to riiaintaln her? — "R.BiG;" - (Auckland). . A.: (1) No; (2). Yes. She could apply for alimony.; Whether the court will order it or -not., will depend on the circumstances of the . case. \ ; Q.: I desire to obtain a divorce on the' ground of my

W.i fe' s insanity. ? (1) Does v the fact that she has been confined m an asylum for three years -entitle 'me to a divorce? (2) Would a pisriod of partial insanity prior to her committal count towards' the required period? — . ?Chum". (N,ew Plymouth). A.: She must be of unsound mind andvbe unlikely to recover and haye been continuously of -unsound, mind for the period of seven years im- ' ' mediately preceding the ;.p.e.tlti6n»-.>:

and have been confined m un asylum during the final throe . years of. the period or else she must-'haye been confined in 'an asylum for- periods amounting to seven years during the ten years immediately pi'eco'ding the filing of the petition. Q.: Where would I have- to apply for a poor woman's divorce? About how much would it cost?— " Anxious" (Wellington). • A.: You must consult a solicitor and instruct him to apply .for an order giving you leave to proceed without payment of fees; If leave is granted the cost would be negligible. • MAINTENANCE . Q.: My husband deserted me 5 years ago. Can I obtain a divorce, and if successful can I obtain anj' Sta,te help for my three children?— "No Support" (Island- I3ay). ; A. : You can divorce your husband and force him lo maintain', the children, but you are not considered a widow for pension purposes or . otherwise entitled to State- help. . Q.:. Two years . ago I was left awidow. ..My, family consists of 9 children; the two eldest boys are 23 and 18. The" children dependant on me'are four,' one girl almost a permanent cripple. . As . these boys object to helping me and I am solely dependant on a pension, can I force them to support me?— -"Widow" (Mangratainoka). A.: Y.es. You can take proceedings against them under the Destitute Persons Act. Consult a solicitor about it. GENERAL. Q.:ls there anything to stop a person from insuring with mp're than one insurance company against" sickness, and can he claim from them all if laid up?— "H.C.B." (Whangarei). A.-: He , can insure with as many companies as he 1 ikes • provided he dlsbloses. ' if so required, to each insurer the. existence of the others. .

iiuiiuiiuunroiiiuiiiiiiuiiiiiitiiiiiiiiiiiniiiiiimmDii n"""""""""""!'"!!;!"!"!!!!!!!!!!!!!^! luu.mim i iiiiiiiiiiiiiiiiiihiiiiii ilmuiiimcPiMiiiminilirmiimiiimilimimr iuiiikPROPERTY RIGHTS. Q.: Is an agreement to rent a house for twelve mpnths with the right of purchase at a given price, valid if it is expressed m writing, but is riot witnessed?—"E. J." (Panmure). A.: Yes, provided it, is. signed by the parties to be bound , by it, and expresses the terms of the contract. Q.: I purchased a house which was transferred to my wife and myself jointly. She has now left me. Can I sell the property without her consent? She put no money into the purchase.-*---"Anxious" (Dunedin). -■ . A. : No. You cannot give title to the property. You cannot deprive her of her half-share when the property is sold. The law presumes m the absence of proof .to the contrary that you intended to make a gift to your wife. The presumption that the person finding no money is merely a. trustee for the person who does is inapplicable as between husband and wife. Q.: (1) My neighbor has constructed a path oh his property which concentrates' all the, storm water from his land on to my property. Have I any redress? ■ (2) The dividing fenceis m a state of decay. My neighbor wants an iron fence constructed, but I object. What i is-, the position? (3) Is a plant ithownias the "Convolvolus" a noxious weed?— " Fair Play" (Wellington). * A.: .(1). You can bring an action for damages against him and force him to keep the storm water from concentrating on your land. (2) If he serves a fencing notice on you, you can serve a- cross-notice on him' specifying the kind of fence that you desire. If you cannot reach an agreement, the matter may .be referred to a magistrate .for settlement. (3) No. LEGAL. Q.: (1) Illegitimate child registered m mother's maiden surname, mother marries, husband allows her to have child m their home, also to use their surname. Can insurance company re- ,.'... 'fuse to insure

child when the registered name is different to name person goes under? (2) illegitimate then marries. Does the illegitimacy affect children born of such marriage? — "Portwest" (Johnsonville). A.: (1) The insurance companies cannot be compelled to insure a nyo ne. It is purely a matter for agreement on their part, but m this case the facts should not affect their. decision. (:i) No, they will be legitimate. Q.: I signed an I

order to have three photos enlarged, but when they were tendered as I had no money to pay for thorn I declined to take them ahd the salesman took them away. Can he sue m6?— "Taken In" (Wellington). •: A.: He has no claim. The order was not m accordance with the Book Purchasers* Protection legislation and you are under no liability. Q.: Youth, 20 years of age, purchases (unknown to his parents) clothes to the value, of" £12. He was boarding, and is now out of , work. Is he, or his parent, : or either of them, liable for payment? — "Lancastrian" • (Petone). .'A.: "If.-, the clothes were ordinary wearing apparel they will be /deemed to be necessaries of life and he will be' liable for payment. If, however, they dress clothes or similar articles,' the contract will be voidable at his option. The parents are not lia.ble. Q.: (1) Can a brewer of liquor or ale sue for money for kegs, etc., sent out, to any country town? '(2) Can any firm sue for recovery of goods de 7 llvered to be paid on time . payment. (3) Can firm sue for recovery of money for goods delivered on approval? — "Argument" (Dunedin). A.: (1) Only if there were an agreement express or to be inferred from custom that the kegs, were to be returned^ or. paid for. (2). Only if some document such as the ordinary hire purchase agreement be executed reserving to the vendor the. right of property m. the goods until the last instalment is paid. Otherwise the property passes on delivery, (3) If the goods are not returned their price may be sued for. Q.: What is the period of time allowed for the recovery of debt under the Statute of Limitations? — Millennium" (Christchurch). A.: Six : years for. i simple debts and 20 years for specialty debts, i.e., debtcreated by deed.