TRUTH'S SERVICE BUREAU

NZ Truth, Issue 1262, 6 February 1930, Page 22

TRUTH'S SERVICE BUREAU

Questions of all kinds (except on matter relating to finance, sporting, or cookery, whlcl are answered In : their respective columns) ar answered here. Correspondents must stat names and addresses, as well as nom-do-plume not for publication, but as a guarantee of gooi faith. No anonymous or verbal Inquiries pc telephone will be answered.

PROPERTY RIGHTS Q.: I bought a business arid took /Over the lease from a man who was the original lessee. I have just sold tlie business, and the new owner took, over the lease. There is still four and a-half year,s to run. The owner of the property gave her ; consent . and signed the transfer of the lease. If the new owner should go bankrupt or fail to observe and perform the conditions of the lease, could the owner of the property have any claim on me? —"The Melon" (Palmerston North). , A, : No. The liability of an assignee of a lease subsists only until- he" assigns the lease to another, except for breaches of covenant while he -was owner of the lease. You will therelore be under no liability if the assignee fails to observe and perform the conditions of the lease. Q.: Certain surveyors engaged m surveying a road trespassed on my property and placed survey pegs m position on my land. (1) Can I sue them for damages for trespass? 1 (2) Can I remove the pegs?*—"Householder" (Tawa Flat). A.: (1) Any duly authorised surveyor may under the Public Works Act, enter upon any iirope'rty for the purpose of making a' survey. He is, however, bound to produce his authority on demand, and if he fails so to do, you may eject him. ! . (2) No, ' If you interfere with the pegs you will be liable to imprisonment for a term ', not exceeding two years. . MAINTENANCE . Q.: My wife left home and went to the South Island. She is now taking proceedings against me for separation and maintenance. Can she do this m the South Island, or must the case toe heard m the town where the trouble arose? — "Good Home" (Wanganui). . A.: She may apply for orders m any part of New Zealand, but you can apply, if you have reasonable grounds, to have the case adjourned to your home town. . • . LEGAL Q.: Certain, articles are left with a relation, the conditions being, that he could have use of the ai-ticies m return for storage. The bailee refuses to deliver the articles, some of which he hat* destroyed and sends a counter-dlaim for costs of storage. (1) Is he entitled to refuse possession to the bailor or his agent?. (2) Has he. any claim m view of the arrangements? (3). What procedure should the bailor take to get satisfaction?- (4) Who will be liable for costs if an action, is brought by the bailor? — "Minorca" (Hastings). A.: (1) No. (2) No. (3) The bailor should sue for the return of the goods or their value, a demand for possession first having been made. (4) The person who loses ■ the case is generally liable to pay the costs. ■I Q.: (1) I purchased furniture and paid for it, although the transaction was m my husband's name. He jhas now. raised money on the security of the furniture. If the furniture is seized under the security, have I any redress? (2) My' husband is away from home at present. ' A firm of printers is seeking to deliver some books to my Husband. I 'do not know the terms of his agreement,. if any, with the firm. Should I accept; delivery?— "Doubtful" (Auckland). ' A.: (1) No. By putting the transaction m your husband's name, you are deemed to>have intended to make a present of it to him. (2) Especially where botfks are concerned, you are justified m refusing delivery. Give the firm your husband's address and let them tender them to him. Q.: I have, for some years- paid a license fee to a local authority. The Supreme Court has recently, decided that the local authority had no right to impose this charge. Am I. entitled to -recover the amount already paid?— "Justice" (Hastings). . A.: Yes." Q.: (1) Is ; it necessary to have a license to sell New Zealand-made wines? (2) Is it' legal to canvass for orders m. no-license districts , for :■ ■'New Zealand-made . wines?— "Interested" 1 (South Dunedin). A.: (1) Yes. (2) No. -' Q.: I purchased a cycle on the hire purchase system. I also purchased a lamp for it from . the same dealer. I had to return the cycle and it was sold again with the lamp on. Can I now be made to pay for the lamp? — /'Anxious" (Palmerston North). . A.: No. Since the dealer has accepted the lamp back with the cycle, he cannot now charge you for it. Q.: A bach was rented for 4 months, rent payable monthly m advance. Three weeks after, the bach was burnt down. The landlady accuses the tenants of negligence. (1)- Can one week's rent be recovered? (2) What course do you advise me to take re her accusing me of negligence? A.: (1) On the contrary the common law rule is that 'm default' of agreement the rent must be paid for the rest of the term despite the fire. ?2) You can do nothing. She did not accuse you of arson, ' merely of , leaving the windows open. Even if that were untrue she is privileged m saying-, it if she ■believed it to be true. > Q;; I have been convicted of being idle and disorderly. Can I appeal against this conviction? — "Frances C." (Point Chevalier). A. .As you were sentenced to three months' imprisonment, you have a right of appeal. If you desire to appeal you , must, give notice within seven ; days : of the conviction. If too late, you can apply for a rehearing. You certainly seem to have ibeen harshlyi dealt, with. Q.: I pegged off a large mining area and placed the application with a solicitor to attend to it m. the court as required by the Mining Act. Before the application was finalised it had developed a prospect of considerable commercial value. '.■■. However, my solicitor failed; to comply with one minor section of the Act, and another applicant seized the omission and "jumped" the!ground, and, secured a title to it. I had spent a large' sum m survey fees, and m other ways m connection with it. Haveil any claim against the.solicitor, as my loss was solely due to; his failure to carry; out the requirements of the Act, although he admitted he was aware of such requirements.- — "Loser" (Box 9)V ) A.: You have a claim, for damages against the solicitor. . \ .

■ . 1 . WILLS Q.: In the event of a man dying intestate, leaving a wife, father and mother, but no children, how is his estate distributed? — "Constant Reader" (Island Bay). A.: £500 and two thirds of the remainder to his wife. The rest to his father. • WAGES AND PENSIONS . Q.: Widow receiving a pension for two children. A relative died leaving £500 between them. They do not get it till they are twenty-one. The Pension Department has stopped my pension from October as. they informed me it was counted as income for one year. Have I any remedy? — "Constant Reader" (Ashburton). A.: Such a legacy, although not m the ordinary use of language called income, is yet deemed to be income within the meaning of the Pensions Act. You do not say whether the income is contingent upon the children reaching 21 or whether it is vested m them and payment is merely, postponed until they attain their majority. But m either ' case as the definition of,income is "money derived or, received by. any person for his own use and benefit m any year," you can fairly HJIII!lllllllllll'llllllI!lllllllll!llllllllllllllllllllllltlllllllllllllllllllllllllllllllllllllH

argue that the children will not "receive" the money until they are 21 and therefore that the pension for the current year should not be affected. In your next pension year the £500 will be regarded as accumulated property and you will be debited with interest at 5 per cent, on the amount- and this is quite fair as whether the legacy is vested or contingent you are entitled to the income of the legacy for the .'children's maintenance. Q:'. What amount may a man earn weekly without interfering with his old age pension? — "Pension." A.: £1 per week. MARRIAGE AND DIVORCE Q.: My wife and I cannot agree, and both are willing to separate. Will it be possible for me to get a divorce at the end of three years', separation? —-"Eden" (Auckland). A.: You will have grounds upon which to petition for a divorce. Q.: I have been working away from home for over 12 months, ftjly wife refuses to come to the accommodation I can provide. Can I (1) obtain a separation order on any grounds, or (2) has it to be the wife? (3) After three years can either side get a divorce? (4) At the end of that period, if she states she , is willing to resume married relations, how do I stand? (5) Can I claim any of the children? (6) I have personal articles, tools, which I want. If I go to the house for these later on, can I get them , without breaking- the separation ' , order? — "Horace" (Halswell). A.: If your wife wrongfully refuses to join you she is guilty of desertion, but she may have adequate \ grounds. If she deserts you, you can after three i years divorce her. If you enter into a i separation agreement neither party can without the consent of the other resume cohabitation. You are at liberty to claim' the children.

j Questions should be written clearly In Ink or typewritten, and addressed to "Interpreter," c/o "N.Z. Truth," Wellington. While we take no responsibility for any answers, every endeavor will be made to ensure that they are correct.

GENERAL Q.: Can I claim a week's board or take any other action against a boarding-housekeeper for turning me out of the house with twelve hours' notice? — "Eclipse" (Dunedin). A.: In default of any agreement, this depends entirely on custom. The question will have to be settled on the facts. In largo boarding-houses run on the lines of hotels notice is not re- j quired, but the practice is no doubt different m small establishments. Q.: Two years ago I had heavy damages awarded against me as co-re-ipondent m a divorce case. I went bankrupt iv June last. My opponent has given me no chance to pay, following me to work and complaining to my employers. On three occasions he is had me dismissed. Have I any remedy? Can I obtain any discharge, and what will be the effect on my liability? — "Anxious" ( ). A.: The .discharge is entirely m the discretion of the judge. If he thinks you have made no attempt to pay he may refuse it. On the application you can prove the vindictive conduct of' the petitioner. The discharge will entirely free you from the 'bankruptcy. The only remedy you have against the petitioner is to proceed for libel — not civilly, for what he says is true, ibut criminally. In criminal libel the object is to preserve the peace, and the maxim the 1 greater the truth the greater the libel applies. Q.: (1) Can an illegitimate girl 18 years of age ibrought up from infancy by her aunt, and m her aunt's name, marry without her real parentage becoming known? (2) Will name of real father, and mother have to be given?—' "Enquirer" (Geraldine). A.: (1) Yes. (2) Not necessarily. Q.: Can a girl whose parents sent her away from home at the age of 15 to complete her education compel her to return home if at the age of 16 years and 11 months she is self-supporting and of good character?— "lU- treated" (Auckland). A.: No.' Q.: I issued a judgment summons against a debtor and obtained an or.der. Before he was imprisoned he filed a petition m bankruptcy. Does this prevent my issuing a warrant on the J.S.O. ?— "Debtor" (Dannevirke) . A.: Yes. ' ' Q.: (1) What is the cost of a marriage license? (2) How long must one be a resident of a place before he can get a license? (3) Can I be married on the day that my fiancee arrives m the .town where, the marriage is to be solemnised? (4) What are the usual fees given to a minister for performing the ceremony?— " Genuine" (Christ--1 church). A.: (1) £1, plus 2/6 for a marriage notice. (2) One of the parties must have been resident m the district for at- least three days. (3) Yes. (4) The fees payable to a minister are by way of donation, and no definite sum can be suggested. The amount should depend on your circumstances. Go to the Registrar's office and he will notify you of the formalities necessary. Q.: Can a girl of 18 obtain work and board away from home without the consent of her parents? Can she be forced to r.eturn? Could she marry before she is 21 years without the parents' consent? — "Anxious" (New Plymouth). A.: She can live away from home, but she cannot marry without consent. Q.: I desire to bring an action against a certain, man m the Supreme Court. I have no money to engage a solicitor. (1) Can I proceed without one? (2) Can I have a solicitor assigned to me by the" court? — "Swindle" (Dunedin). A.: (1) There is no legal hindrance to your taking action yourself, .but the practical difficulties would be so great that you would have little prospect of success. ' If you have a good case you may be able to Induce a solicitor to 1 take it for you on the chance of getting his costs if the case is successful. (2) No. . . Q.: If I apply to the Registrar-Gene-ral ,of Births, Deaths and Marriages for a copy of a certain marriage record and tender the specified fee, can he refuse to give me the copy^— "Buick '"l Six" (Omatane). i A.: No. It is obligator on him to [ issue the copy.