NZ Truth , Issue 1195, 25 October 1928, Page 24
I £iimiiilii iiiiimiiiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiv'-' or laUCtea Dy IN I tHrnn I Cn. nmmiiimm iiiiiiiiiiiiiiiiiii! uiiiiiiiimij j 1 Answers will be published as early as possible after receipt of I, questions and so far as possible m order of rotation of receipt. All letters must be written m ink and be addressed "Interpreter, fg c/o "Truth," Manners Street, Wellington. While we take no responsibility for any answer given m these columns, every y endeavor will be made to see that they are absolutely correct. a Answers to legal queries must be accepted merely as a guide as to whether or not it is worth while going to the ex- I pense of placing matters inquired about m the hands of a I solicitor for further action. |l No replies can be made by post. No anonymous; inquiries I will be answered, and inquiries of this- nature willnot be pre- I served. Frivolities and questions not of general interest will 1| I not be answered. iiimiimimiimiiiiimiiimiiminiiiiiitiiiliitiMiiiiiiin iiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiuiiiiiiimiii iitimiiii mill titi)iMitiiiiMtiirtiiiirtiiiniiMiiiiiMriiiiiitititiiiiiiiiiitiiiiiitt.^= [aiiiHUHiiMii»iiniiiMMiiiniiii»i|iuiiHiiiinuHiiiiiniiiiiiiiuiiiuiiiiM»iiHiiiiiiiiHiiiiMiMiiiinii>iririiiniiuiiii»niiniiuiiiiiiiMniiiiniiiiiiiiiiiiiiMuiiii|iiiuiiiiiiu»»iiiiiiuiiiinimiiiiHi
MARRIAGE AND DIVORCE. Q.: I am divorced and would like to know whether I should take my married or maiden name? "D.F.C." (Whangarei). A.: You have a free choice. In 1901 the House of Lords decided that a divorced woman is entitled to call herself by her late husband's name or by her former na'me^or by any other' name she may obtain by reputation. Q.: If my wife cleared out over 12 years ago and I have failed to -trace her during that time, is-there any bar to my getting married again without getting a divorce? "Constant Reader" (Bay of Plenty). A.: You will not be guilty of bigamy, but should you not obtain a divorce your second inarrage will be void if your first wife is proved to have been alive at the date of the- rfiarriage. Q.: Can I get a divorce from my husband as he is keeping another girl's child born on the day we were married?— "Anxious" (Devohport). A.: That is no ground. COMPENSATION. Q.: I am a car salesmaii, working for a firm on a commission basis only, receiving a commission on every new car sold by the firm, and m the case of second-hand cars if sold through my efforts. Am I within the Workers' Compensation Act? Should I injure anyone is the firm responsible?— -"C.8." (Wellington). A.: 'If the firm has control as to how you do your work, the contract will be one of service and you will be entitled to compensation m the event of accident (provided your total remuneration does not exceed £400 per annum) and the firm will be responsible for your negligence and wilful
PROPERTY RIGHTS. Q.: My neighbor's macrocarpa hedge projects for a long distance over my dividing fence. Although notified, he has' done nothing. What is my remedy? "Inquirer" (Oamaru). A.: You can either have the hedge cut back to tlie dividing line and sue your neighbor for the cost, or bring an action for an injunction and for damages. Q.: My neighbor has planted a lucerne hedge along our dividing fence, the roots, of which have run all over my ground and the branches overhang. What is my remedy?— Property Owner" (Manurewa). A.:. Your only remedy is under Section 26 of the Fencing Act, making it an offence punishable by a fine not exceeding £20 to plant without the consent of the adjoining owner any trees on or alongside any boundary line. You can cut back the overhanging branches at the cost of your neighbor. The Supreme Court has held that there is no right of action for damage done by the roots. LEGAL. Q.: As my friend was out of employment, I offered his landlady to pay his board. She refused, but has altered her mind. Am I liable?— Worried" (Manurewa). A.: No, she refused, but even if she had accepted, a guarantee to. be effective must be m writing. Q.: I am leasing a section of ground at so much per' year and pay the rent every six months. There is no agreement on either side. How long notice ami I entitled to get from my landlord "J.R.M." (Tikokino). A.: New Zealand law, unlike that of England, does not recognize 'implied
wrongs arising m the course of the employment. Q.: About ten months ago .1 was Avorking for a farmer and hurt my knee. A doctor said ah operation w a s necessary. After I was hurt about a fortnight the insurance agent offered me £22 to" sign off, which I did before a solicitor. This only, amounted to wages, plus one month's notice. I have since had the operation and am still incapacitated. Can I claim further
i'uiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiMiiiiiiiiiiiniiiiiiiiMiiiiMiiiiiiiiiiiinMiniiP'i ■TO YOU J I ANLY those questions to which the writer's name r.nd full address are attached can be answered m this column. The information is^ not neoes- sarily for publication, but is 1 required as a token of good faith. .If you don't want your J name meritibned, you've only 1 got to mention a norn de plume. So, don't forget to sigh. Sporting queries and ques- 1 tions relating to recipes and fashions are hot answered m. 1 I this column— the former are re- I p!»ed to; on' the sporting pages, I I the latter on the women's 1 /pages/ 3 ..iiiniiiiiniiiiiiinMiiiiiMiiiiiiM.iiiiiiui'iililiiiiiiiiiitiiiiiiiiiiiiiii.. iiiiiiiiiiiinS
tenancy from year to year by pay, ment of rent. Yours is a tenancy with no agreement as to its duration, and as such is under the Property Law Act determinable at the will of either party by o n-'e month's notice m writing. Q.: I was employed m a hotel and found £8 m one of the pillowslips while chang• ing the. beds. I handed the money to. the proprietor, who has kept it for «18 months without claimants.
compensation? "Constant Reader" (Timaru). A.: The Act provides that after the injury has happened an agreement between employer and worker for the settlement of compensation shall be binding provided the worker understood the agreement and provided he had competent and independent advice as to all legal and medical questions, the onus of proof beingon the employer. You have really had no compensation at all and no independent advice, so claim for full compensation. Q.: A girl m a clothing factory had a septic finger caused through dye from Material getting into her finger from needfe pricks. What is she entitled to Nurse" (Wellington). A.: As she was away more than three days, she can claim two-thirds wages plus £1 :to. cover reasonable medical expenses. She is not bound to go to the doctor nominated by the employer. GENERAL. v Q.: Can the Commissioner of Taxes assess me under Section 14 of the Land and Income Tax Act, 1923?- My income is under £100 a year.— "J.E." (Timaru). A.: Under that section the Commissioner', if you make default- in making a return or if he is not satisfied with your return, may make a guess at your income and assess you accordingly, and you will have to pay unless you can show that the.' assessment is wrong. If you can prove that your income is under £100 you. 'will, unless you are an absentee, have to pay nothing.
He now wants^ to keep It. Who has the right to the jnioney? "8.C." (Ohakune). I A.: This appears to be the rare case of treasure troye i.e., according to Blackstone, money or coin hidden m l some private place, the owner being unknown. That being so, the money belongs to the Crown aiid not to the finder. The money, must have been hidden m the pillow case, and it is the fact of the hiding that causes the difference m the case of money found, say, m the street, which belongs to the finder if the owner does not claim. However, it is doubtful whether bank notes come under the heading of treasure trove,. and the Crown majj not assert its right, so claim the money. As finder, you have a superior right to the proprietor. ,Q.: My. brother died. His housekeeper drew his lodge money and paid for his funeral and bought the burial site m her own name. Can she prevent me erecting a tombstone? "A.S." A.:- Under the Cemeteries Act all questions as to setting up tombstones arid the inscriptions thereon arc to fob settled by the trustees (generally the local authority) and m the case of denominational sections by the managers appointed by the religious denomination, If there is any dispute apply to them. They are not likely to refuse you pernMssion. "What is sold is not the freehold, but the exclusive right of burial m perpetuity. Q.: Is the addressee of a letter or postal packet compelled by law to accept delivery of same?—^"Constant Reader" (Napier;. A.: No.