"NEW ZEALAND TRUTH'S" SERVICE SECTION

NZ Truth, Issue 1237, 15 August 1929, Page 9

"NEW ZEALAND TRUTH'S" SERVICE SECTION

Answers fo Correspondents

(CONDUCTED BY •'INTERPRETER ")

Questions of all kinds (except en sporting matters) are answered here. Correspondents must state names and address**, as well as nom-de-plume, not for publication, but ac a guarantee of good faith. Ne anonymous or verbal Inquiries per telephone will be answered. Questions enoutd b« written eleerly In Ink of typewritten, and eddreeeed to "Interpreter," o/e "N.Z. Truth," Wellington, While we take no responsibility for any answer*, every endeavor will be made to ensure that they are correct.

Marriage and Divorce Q.: Over seven yeaxa ago I "married an engineer on a Dutch vessel then m New Zealand. He promised to return to me immediately he signed oft the vessel, but I have never heard of him since. I am informed that as I became a Dutch subject by marriage, I cannot apply to the New Zealand courts for a divorce. (1) Is this, correct? (2) Can I re-marry without obtaining a divorce? — "Subscriber" (Auckland). A.: (1) Yes, since your husband was not domiciled m New: Zealand at the time of the desertion, the New Zealand courts have no jurisdiction and to obtain relief you would have to go to the courts of his country of domicile—probably Holland.' (2). You .will not be guilty of bigamy m so doing, but if your first husband subsequently turns up, your second marriage will be void and the issue, of it illegitimate. Q.: Can a divorce be obtained by consent? — "Constant -Reader" "(Christchurch). ■ : ■"' A.: No. If, however, you enter into a separation agreement which remains m force for three years and upwards, either party is entitled to petition for divorce. .The. cost would be about £30. Q.: My husband deserted me over six years ago, and 1^ have, had a warrant/out for his arrest for five years. I desire to obtain a divorce, but I have no money. How can I 'proceed? — "B.Me;" (Taumarunui). A.: You should instruct a solicitor to apply for permission to petition m forma pauperis. You will also have to apply to the court to dispense • with service of the petition. Q.: If a woman has not seen or heard from her husband for 10 years marries again, would she be committing bigamy? — "Anxious" (Wellington). A.: No. . •< [WillsQ.: Who would be considered next-of-kin to me for benefits, on an intestacy '— " my full-sister's children (nephews and neices) or half-brothers and half-sisters? — "Ignorant" (New Plymouth). A.: Your sister's children. Q.: A man having £7000 dies intestate, leaving a widow. He had one' brother and three sisters. One sister died m November, 1927; the brother and two sisters are still living. Intestate died i n February of the present year. Who is entitled to the estate? Could claimants come to an agreement outside court? — "Anxious" (Ohakune Junction). A.: The WldOW will get £500 and two-thirds of the remainder. The brothers and sisters will get equal shares of the remainder, the children of the dead sister, if any, will take their mother's share. The allocation of the money is controlled by statute, and no application to the court can alter the position. Application must be made to the court for letters of administration of the estate. The widow is entitled to be appointed administratrix. Q.: If a woman marries twice, and dies leading her property to her three children, can her second husband put m a claim for himself and his two children by his first marriage, whose mother is dead? — "Wondering" .(Hastings). A.: He can claim under the Family Protection Act lor himself, but his children have no claim whatever. Property Rights ■Q.: My wife and I are part-owners of property. In the event of her dying without making a will are the stepchildren entitled to any part of her estate?— " Mike" (Hastings). A.: If they are her children by a former • marriage, they will be entitled to two-thirds of her property.. If they are your children by a former marriage they will not be entitled to anything. Legal Q.: What' does' the law provide as to the religion of State children? I reared a State child from 5 till 14. after which he was boarded out. He is now 16. I want him to go to his own church —the Catholic. What must I doT — "Anxious" (Masterton). A.: The ' magistrate committing the child must m the order specify the reiliglon it is to be brought up m. The Act does not bind the magistrate as to what religion he is to select, but presumably he will adopt the religion of the parents if .known. The provisions of the original order may from time to time be varied by any magistrate on the application of the parents or of the guardian at the time of committal. As soon as the child attains 17 the Child Welfare Superintendent may, on the application of the child, authorise any religion notwithstanding the previous court order or the wishes of the parents. As the Act throws on the superintendent the duty of seeing that the provisions of the orders as to religion are carried out your only course is to write to him and point out that the child is going to a church other than his own and ask him to remedy the matter. , Q.: I borrowed £12 from a moneylender on the security of a motor-car on terms that I was to repay £17/5/---at £1 per week;' Can I have the rate of interest lowered?— " Dink" (Lower Hutt). A.: You can apply to the court to have the transaction reviewed. There lis no rate fixed by the Act as you seem Ito think. If the court, having regard to the security and all the facts thinks [the rate excessive, it will cut it down. Here If the loan had been for a definite period of 17 weeks the rate of interest would work out at 134 per cent, per annum. In fact, it is more, because you were repaying by Instalments. If trie security were of any value that rate must be regarded as excessive. Q.: My wife has beep made a present of a small sura of money by her sister. She intends purchasing a house and section with same, but as I am an undischarged bankrupt could my creditors claim It? — "Anxious" (Fairlie). , A.:- N0... ■ ' ' :,

Wages and Pensions Q.: I was deserted by 'my husband 12 years ago. I have two children by him and two by a man with whom I was living, but who has recently died, leaving me destitute. Am I entitled to any pension? — "Constant Reader" (Auckland). A.: No. Maintenance Q.: Approximately five years ago I was adjudged the father of an illegitimate child and, have paid for its maintenance regularly . since 1924. I now understand that the woman has married, and that the child is being kept (possibly adopted) by one of her' sisters. Am I still liable for the child's keep or is the husband now liable? — "Beader" (Dunedin). A.: If the child has been adopted you can apply for the cancellation of the maintenance order. It is m the discretion of the court as to whether the order should be continued. '. Compensation Q.: How much compensation am I entitled to for the loss of the first two joints of the index finger of my right hand?— "A.B.C. Compensation" (Onerahl). A. : 8 1/3 per cent, of your weekly earning for four years. General 1 Q.: lam lessee- of certain premises. The lease requires me to keep . the "interior" m good repair. . Does this term include the floorboards .on the ground floor ?—^'lnterested" (Welling,ton). : A.:. According to the ordinary usage of the word, this portion of the premises would be, included^ Q.: About 30 years ago I marvied under a name which I have since discovered is not my correct one. Is the marriage binding?— "FJ." (City). . A.: Yes. ' : Q.: One of my daughters gave birth to an illegitimate child — a girl, now owed i« nnfl desirous of being married. I have brought the child up as my own. When the papers are being filled m will I be doing wrong m stating that I am the father? — "Anxious" (Northcote). A.: So far as the Marriage Reg- , ister is concerned, you are not required to give any particulars. Section 35 of the Marriage Act requires the minister to obtain particulars from the persons to be married and if the girl states as she believes that you are the father and your name is entered m the register accordingly you are guilty of no offence. But as the girl is a minor a consent must be filed. If the mother is alive her consent is necessary, and if she is dead then your consent as guardian will be sufficient. But section 26 makes' provision for consents being filed with the registrar m a writing separate from the marriage notice so there is no necessity for the parties to see the consents. Q.: (1) The owner of a section adjoining my property has macrocarpn trees growing on his property which are about 16ft. high. The branches hang over my section 6ft. .Can I compel him to cut the trees to Bft, also the side branches that are growing into my property? (2) I desire to erect; an iron fence along my section. Can I compel the owner of the adjoining section to pay part of the cost? Is it necessary for me to advise him of my I intention to erect the fence? — "De Luxe" (Gore). A.: (1) You can compel him to cut back the branches overhanging your property, but not. to top the trees. (2) You will have to serve him with a fencing notice under the Fencing: Act, 1908. If he does not object he will be liable for half the cost of the fence, otherwise the dispute may be determined by the Magistrate. > Q.: Can the owner of furniture obtained on the hire purchase system enter on. to the premises of the hirer and remove the furniture when the instalments are m arrear, without an order of the court? — "M.A.8." ( — ). A.: Yes. Power to do so is invariably provided for by the agreement. Q.: I have had a gramophone on time payment for six months. I am \inable to keep up payments. If I return the instrument does that free me from any further payments? — "Anxious" (Te Horo). A.: If the sale was an outright one, you will remain liable. If the instrument was purchased on the hire purchase system, you will be freed from future instalments, but not from those which have already fallen due. Replies In Brief "Mrs. Murdoch" (Onehunga): The decision of the competition judges is final. — "Cutex" (Auckland): (1) No. (2) No. (3) Yes. (4) No. — "Anxious Reader" (Christchurch): See a solicitor. About £20. — • "Truth Reader" (Tolago Bay): You are not entitled to holidays unless they were agreed upon. — "Aunt" (Gisborne): The matter depends largely on the welfare of the children. Although the father has the prior right to them, the court would not take them from you if he is unable to look after them properly, especially since you have had "them for so long. — "Hard Up Harry" (Pt. Chevalier): (1) Yes. (2) Yes. — "Justice" . (Auckland): If the separation was due to your default, even if there Was an agreement for separation your wife could defend any proceedings you might take on the ground that the separation was due to your fault. If. it was not you can obtain a divorce at the end of three years, i.e., m May, 1930.-— "Glesca" (Christchurch) : The property will go to his daughters. — "Rugbylte" (Masterton) : . There is no obligation on the union to make their financial position public. — "Anxious" (Otaki): He can apply to the court on an originating summons. — "Cockle" (Hawarden) r You should consult a ' solicitor who ' will search the title for you. You will then be quite certain as to the position,— "Tattoo" (Dunedin) : (1) No. (2) No.— "Waiwera Writer" (Waiwera). You are entitled to a pension. "Best Way" (Roslyn) :Unable. to ascertain address. — "Curious" (Tapanui): Your question is unanswerable. Pressures enter into the question.— "Anxious" (Dunedin): The address . you have is sufficient. — "T.C.". (Tlrriaru): Major Segrave holds the record -ou- both land and, sea. ]