Truth's Service Bureau

NZ Truth, Issue 1302, 27 November 1930, Page 18

Truth's Service Bureau

Questions of all kinds (except on matters relating to finance, sporting, or cookery, which are answered m 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 Correspondents must state names and addresses, as well as nom-de-plume, not for publication, but as a guarantee of good faith.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.

LEGAL Q.: I purchased a spraying plant on the hire-purchase system. I then lent It to a friend, who granted a bill of sale over it. lam now pressed by the vendor for the price .of the plant. What ie my remedy?— "T.W.B.",( Nelson). A.: The bill of sale given by your friend is void as against you. As you simply lent the plant, your remedy is to seize it and return it to your vendor. .You will then be free from future liability under the hire-purchase agreement. The holder of the bill of sale will lose his security, but he will be able to sue your friend. Q.: A man -allows his wife £4 per week for housekeeping money. Out of that money she invested 3/- in a ticket in a consultation which , yielded her £1000. Does the money belong to the husband or the wife? — "Author" (Wanganui). A. : If the expressly allows his wife to retain any savings for herself and the' 3/- was from this money she will be entitled to the £1000, but if not she will be deemed' to be the agent of her husband and he will be entitled to the money. Moneys saved by the wife from housekeeping money are prima facie taken to be the property of the husband. Q.: My husband was granted a decree nisi against me in a divorce suit for adultery. Costs were not awarded against the co-respondent, as the only evidence was my confession, but he had promised to pay my solicitor up to £30 to cover costs. Being now out of work he cannot pay, and the solicitor refuses to apply to have the decree made absolute unless his costs are first paid. What is my remedy? — "Anxious" (Westport). A.: You should employ another solicitor to extract the order, or you can apply to the court in person. You should pay your present solicitor if you can, and he is justified in refusing to take any further steps until he is paid; but if you have not the means he has no power to block you from obtaining relief. Q.: A will was placed in the hands of a solicitor to be passed for probate, and the usual incidental items. Probate was granted over five months ago,but the solicitor is very dilatory and has neglected to answer letters pressing for completion. It is now proposed to hand the business over to another solicitor. Would the firgt solicitor have any claim aga'nst the estate? — "Constant Reader" (Wellington). A": Yes. He will be entitled to costs for all work he has done up to the date his employment is terminated. He has a lien for his costs and need not part with the documents unless paid. There is nothing to show that the delay is the fault of the solicitor. Passing the Death Duty accounts generally involves considerable time.

PROPERTY RIGHTS Q.: I have not paid rates on my property for three years. Am 1 liable for all arrears or only for the current year's notice? — "Autopay" (Mt. Albert). A.: You are liable for the rates for a period of three years, but no judgment for the amount of any rates shall be given or signed after three years from the time when such rates first become' due. Q.: I put in a tender for building flats. My tender, although the lowest by £5, was not accepted. Have I any claim against the owner? — "At the Writers Request" ( — ). A.: No; he is not 'bound to accept the lowest tender or any tender. Tenders are only offers, and unless the owner accepts there is no contract and therefore no liability. Morally you' have no grievance, as the owner gave you the stock written' notice: "The lowest or any tender not necessarily accepted." Even if he had not, the legal position would be the same. COMPENSATION. Q.: I was injured while in the service of the N.Z. Division of the Royal Navy and have been in hospital for 18 months. Am I entitled to compensation? — "X Navy"(Christehurch). A.: You will have no claim under the Workers' Compensation Act, as it does not apply to persons in the naval service of the Crown. As you are receiving a pension, it would seem improbable that you will be awarded any further compensation.MAINTENANCE Q.: I am the mother of an illegitimate child, at present boarded out and maintained by the father. If 1 marry another man will the father still be responsible for the child? Do I have to adopt it before I can take the child to my new home? — "Anxious" (Christchurch). A.: You are entitled to the child without adopting it. The fact that you are marrying does not relieve the father from liability for maintenance, nor will it enftle him to a reduction of the order. By marrying you, your husband will become liable also for the support of the child, but his liability is only secondary. If you were to adopt the child it is possible the court would cancfcl the maintenance' order. INSURANCE Q.: My wife died, leaving no children. Her father and brothers survive her. She left two poTcies, totalling £200. Am I entlteld to the full amount?— "W.R." (— ). A.: Yes. You are entitled to £500 and two-thirds of the remainder.

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. LEGAL Q.: One of ,two partners on a farm becomes ill and the other partner employs a man to do his work. (1) Who is responsible for his wages? (2) If the partner dies and his wife .employs someone in his place who is liable? — "Paddy" (Taumarunui). A.: (1) The partners are liable for his wages, but as between themselves the wages should be charged to the account of the incapacitated partner. (2) The wife is liable, as she is not authorised to contract on behalf of ithe partnership. Q.: I am unemployed, but drawing a pension of 30/- per week from my late employers. Am I bound to pay the unemployment levy? — "Anxious" (Palmerston North). A.: Yes; the only pensioners who are exempt are those in receipt of pensions under the War Pensions Act In respect of total disablement or under the Pensions Act, 1926. Q.: I am a widower, having a family of seven children. Can I make a will leaving my eldest son, and daughter trustees of my property for themselves and the remaining five children? — "Old Reader" (Dunedin). A.: Yes; it is quite legal to appoint a trustee who is also a beneficiary under the will. ( Q.: Can the parents of a girl who is nearly 20, and able to keep herself, 'stop her from leaving home if she wants to board at such a place as the Y.W.C.A. ? — "Dot" (Auckland). A.: No; provided she is of good moral character. Q.: My stepdaughter, who has been absent from home" for twenty years, entered a hospital without our knowledge and died there. Are either her father or myself liable for this bill?— "Perplexed W.A." ( — ). A.: No. Q.: I have a daughter, 17 years of age, out working as a domestic. She is receiving 35/- per week and found. Can I claim her wages in full and then buy for her what clothes and necessities she requires? She is spending her money foolishly. — "A.8.C." (Poverty Bay). A.: Legally she is entitled to keep her wages. Your efforts must be restricted to moral suasion. Q.: Can an hotelkeeper sue a customer for the price of liquor served to him over a period of five years? — "Wager" (— ). A.: By the Licensing Act it is provided that no innkeeper shall recover any debt or demand on account of any liquor supplied by him to any person for consumption on the premises; but such innkeeper may sue for and recover the value of any .liquor supplied in moderate quantity with meals to fmy person bona fide lodging in the house.