Truth's Service Bureau

NZ Truth, Issue 1263, 13 February 1930, Page 22

Truth's Service Bureau

Questions of all kinds (except on matters relating to finance, sporting, or cookery, which are answered In their respective columns) are answered here. Correspondents must state names and addresses, as well as nom-de-plume, not for publication, but as a guarantee of good faith. . No anonymous or verbal inquiries per telephone will be answered.

PROPERTY RIGHTS Q.: Can a Bingrle person under the age of twenty-one purchase a property? — "Anxious" (Wellington). A.: Tes. Such transactions are not void but merely voidable at the option of the infant. No person would ordinarily enter into such a transaction with an infant, because there is no means of binding the infant to comr plete the purchase. COMPENSATION Q.: I hired a taxi and during the Journey some of my baggage, which had been secured by the driver, fell off the back of the cab and was damaged. Is the owner of the cab liable for the loss sustained. — "Motor" (Newmarket). A.: Yes. GENERAL Qi.: What is the minimum age at which a person may be sentenced to death for murder? — "Speed" (Waipara).' A.: No child shall be convicted for any offence committed by him while under the age of seven. No child between 7 and 14 shall be convicted m respect of any act of omission unless the Jury is of opinion that he knew the act or omission was wrong. . If the jury find that a child of the age of seven upwards knew that murder was wrong and was duly convicted, the Judge would have no alternative but to sentence him to be hanged. However, m the case of a child of tender years the Governor-General would no doubt exercise his prerogative of mercy. Q.: (1) I am a widow, with one daughter, aged 14. The Publio Trust hold money for her, payable when she marries or Is 21. Can the Trust advance money to pay the child's board? — "Anxious" (Christchurch). . A.: Apply to the District Public Trustee. He will apply the income of the money for the child's support, and has ample powers of advancement out of the principal if the circumstances warrant it. I Q.: Can a wife living with her husband demand to know from husband's employer what wages Husband is receiving and would employer be compelled to tell her? — "Doubtful" (Invercargill). , A.: No. Q.: (1) Can a borough council add 10 per cent, to unpaid rates? (2) Can an electric power board charge, the same penalty on unpaid accounts for electric current? — "Sandy" (Hawkes Bay). A.: (1) A 10 per cent, penalty may be added to all rates unpaid for six months and fourteen days from the date of the demand provided public notification of intention to charge such penalty has been given. (2) The Electric Power Board's Act does not make any provision for it. Q.: I have two elderly sisters neither capable of looking after herself. I also have two brothers, one single and one married with family,' both m good positions. I am the youngest of the family and married. Am lin any way responsible for my sisters' support? — "In Doubt" XMosgiel). A. : It is open to your sisters to apply to the court for a maintenance order against you if they are destitute. If they do this you should see that your brothers are also brought before the court In order that liability may be fairly apportioned between you. Q.: (1) Can the offending driver m a collision make a claim for personal injury under the third party risk legislation? (2) Can a claim be made on behalf of passengers m the offending vehicle? — "J. 8." (Auckland). A.; (1) No. (2) They can claim damages for negligence against the driver of the vehicle. MARRIAGE AND DIVORCE Q.: A woman living m adultery apart from, her husband, who has not maintained her for nine years, commits suicide. Is her husband liable for the funeral expenses, which were incurred without hia authority? — "P.D.S." (Opunake). A.: No. Q.: I am separated from my wife and have" since committed adultery. Can I petition for a divorce? — "Anxious Johnny" (Christchurch). A,: Yes, on the ground of separation for three years, but your wife may oppose the petition on the ground that the separation was brought about by your misconduct. Q.: Is it possible to petition for a divorce if the wife or husband is an habitual drunkard without waiting for three years to elapße. — "Argument" CLyttelton). A.: The condition of habitual drunkenness n^ust continue for four years before proceedings can be taken. WAGES AND PENSIONS Q.: I am a woman 64 years old and have no property or income whatever. Am I entitled to the full pension? — "Constant Reader" (Hastings). A.: ■ No. The full pension is diminished by £1 for each year or part of a year by which the age of the applicant is less than 65 years. You are therefore entitled to £44/10/- pec annum. • Q.: I am a widow with five children and have been drawing , the widow's pension — so much for myself and so much for the children. I am at present living with a man whom I love but who cannot marry me. Having discovered this, the Pensions Office has stopped the whole pension. Are they entitled to ston the children's portion? — "Anxious" (Taradale). A.: Yes. The pension is not divisible. The Pensions Act, like the Divine Law, visits the sins of the parent upon the children. MORTGAGES Q.: I have a mortgage which I wish to reduce. Is it necessary to give three months' notice and to register the .reduction? — "Devon" (Auckland). . A.: It depends upon the terms of the mortgage whether you can reduce the principal. If the mortgage is past due and interest has been received after the, due date the mortgagee is entitled to three months' notice, but he is not obliged to accept part payment. Registration of "the reduction is for your proteotion and should be effeot&cl. ".■...

LEGAL Q.: lam a widow. My husband left me a house and two sections subject to a mortgage of £175. Being behind with my payments, the mortgagee company submitted the property for sale by auction, but it was not sold. They have now given me one month's notice to quit, stating that they have sold the property by private treaty. Can they force me to leave? — "Li.L." (Culverden). A.: They are entitled to sell by private treaty, but they run the risk of an action by you for selling at an under value. They must account to you for the full proceeds and any surplus m excess of principal, interest and costs will belong to you. A private sale, even at an under value, gives the purchaser a good title, your only remedy being to sue for damages, so m the long run you must give possession. But before handing over the property you should insist on proof of the sale and the« terms. Q.: I was apprenticed as a blacksmith to a foundry. I was dismissal owing to a slight accident caused by me, and upon the indenture of apprenticeship they described me without my consent or that of my parents as a boilermaker and not as a blacksmith. (1) Are they entitled to do this? (2V Are they Justified In dismissing me under the circumstances? (3) Can I

claim damages for breach of apprenticeship and wrongful dismissal? — "Oriel" (Wellington). A.: (1) No, not without your consent. (2) A master who discharges his apprentice without the consent of two justices endorsed upon the indenture of apprenticeship is liable to a fine of £10. (3) Yes. Q.: My parents failed to register my birth. I may require a birth certificate. Can I register now? — "Constant Reader" (Napier). A.: Yes, you may register upon providing evidence upon oath to the Registrar- General of Births or such other evidence as he may deem necessary of the fact, time and place of birth and particulars of' parents, and upon application fee of five shillings must be paid to the Registrar-General. Q.: My wife insured my life, stating my age as ten years younger than I was. The company demands back payment. Are they justified m this? — "Fair Play" (Wellington). A.: They will be justified m making an adjustment because you should have been paying a higher premium. Q.: (1) Can an unmarried man over 40 years of age adopt a little girl? (2) Can a married man over 40 years of age m fair position adopt a little girl without the consent of his wife? — , "A.S.M." (Wellington). A.; (1) Yes, if he is m the opinion of the judge at least 40 years older than the child. (2) No.

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.

MAINTENANCE Q.: I am a single man, keeping my mother, who is a widow. I have three married brothers. Can they be compelled to assist -in my mother's keep? — "Anxious" (Christchurch). A.: Yes, if your mother is destitute and your brothers are m a position to assist, she can issue a summons against all of them. Q.: I have a maintenance order against my husband. He refuses to pay me anything. If I attach his wages, he leaves his employment. If I issue a committal warrant against him he merely goes to prison. What can I do to get the maintenance? 1 — "F.M." (Westport). A.: You can do nothing but continue to send him to prison m the hope that he will get tired of it m time. Q.: My husband, deserted me and our child. He left New Zealand and has paid nothing for the child. I obtained a maintenance order for my child against my father-in-law. He Is now dead, but his wife is continuing the payments. What will be the child's position on the grandmother's death? — "Melbourne" (Napier). A. : You will have to bear the cost of maintaining the child yourself, unless you can take proceedings against the child's father. The child's uncle is not liable for his maintenance. Q.: My wife and I are living apart and I pay her maintenance weekly. I have work offered me m Australia. Can she prevent me proceeding there if I maintain her as usual? — "Aussie" (Auckland). . A.: If the payments are made by private agreement you are free to go to Australia. If, however, your wife has a maintenance order against you, you will be guilty of an indictable offence if you leave New- Zealand without first, obtaining the consent of a magistrate, WILLS Q.: My husband has left me his estate by will. We have one child. In the event of my husband and myself being killed together, as I have made no will, how Can we assure that the child will receive the full estate? — "Mother" (Otane). A.: If you both die m the same aocident the difficulty always arises as to which survived the other. To get over this difficulty and to provide for the child your husband should execute a will m your favor, but providing that if you predecease him or die m such circumstances that it Is Impossible to say which is the survivor then the whole should go to the child, and you should make a similar will. Q.: v My uncle has recently died Intestate and unmarried, leaving a sister and my sister and myself, the children of his deceased brother. How will his estate be distributed? — "Juslice" (Christchurch). A.: One-half to his sister, the remainder equally between your sister and yourself. Q.: A woman owning furniture but no other property dies intestate, leaving a husband and children. Who takes the furniture? — "Interested" 1 (Oamaru). , A.: Subject to payment of funeral and testamentary expenses and debts, one-third goes to the husband, .the remainder to the children equally. Q.: A man makes a will by which only one of his four children benefits to' the extent of half the property. (1) Are the remaining three children entitled to claim an equal share? (2) Within what time after the will is read should a claim be made? — "In The Dark" (Whangarei). r,A.: (1) They may apply for provision to be made for them under the Family Protection Act. (2) Application must be made before the final distribution of the estate. -