INQUIRERS' CORNER

NZ Truth, 15 March 1924, Page 16

INQUIRERS' CORNER

(Conducted by "INTERPRETER.") Answers will be published as early as possible after receipt of questions. All letters to be addressed. "Interpreter," c/o "Truth," Box 574, G.P.0., Wellington. While taking no responsibility for any answer given m these columns, every endeavour will be made to see that they are absolutely correct. Answers to legal queries must be accepted merely as a guide as to whether or not it is worth while going to the expense of placing matters inquired about m the hands of a I solicitor for further action. No replies can be made by post.

Marriage and Divorce: Q.: If husband has not been heard of for 12 years would re-marriage by his wife be bigamy?— " Anxious" (Dunedin). A.: No, but lt ls safer and fairer to possible progeny to secure a divorce, as m the event of the first husband's reappearance ' the second marriage would be a nullity and the result thereof consequently Illegitimate. Q.: Husband deserts wife eighteen years ago. Later his father dies leaving him £200. Can wife claim the money? — "Anxious Wife" (Wanganui). A.: Only by taking out Letters of Administration. Q.: Husband meets and marries wife m England. He returns to N.Z., wife promising to follow but fails to do so. Is he still compelled to support wife and child or can a restitution order be obtained? Is a divorce possible? — "Zeale" (Wellington). A.: You cannot be compelled to support wife unless she is a destitute person or left you? for good cause. You can proceed for restitution and conjugal rights or for divorce on the ground of desertion. Housing, Rent, Rates: Q.: Can land agents turn tenants out after buying houses for a speculation and then selling? — "Annoyed" (Dunedin). \ A.: The land agents cannot get possession, but the new buyers can if they want the houses for their own occupation. X Q.: Deposit/ of £50 paid on the purchase of a house and balance of principal and Interest at the rate of 25/---per week. If unable to go on with the deal can the deposit be run out as rent? — "Anxious" (Sydenham). A.: Not without the consent of the vendor. Q.: Can troublesome neighbors be evicted.^ — "Annoyed" (Wellington) . A.: If they are tenants see the landlord with a view to arranging with him to have tenants evicted. He may require you to pay the costs but it would ho doubt be worth it Causing annoyance to neighbors is a ground for obtaining possession. Alternatively lay an information under the police. Wages, Pensio/is: , Q.: Is retired Civil Servant m receipt of £64 per annum superannuation entitled to old age pension? — "X.Y.Z." (New Plymouth). A: Yes. The limit of income is £78. The full pension of £39 is reducible by £1 of income over £39, so you should receive £24 pension. v Wills and Property: Q.: Wife goes away to send children to, school. As husband takes 111 he sends for her, but she refuses to return, saying that she had been turned out. (1) Can husband cut off wife and daughter m his will? (2) If he secured a divorce would she have any claim on his estate? (3) If husband remarries would first family have any claim on his estate? (4) As wife left voluntarily can she claim maintenance?—* "Subscriber" (Fairfax). A.: (1) Yes, subject to their claiming under the testators' family maintenance law. (2) Possibly for permanent maintenance. (3) Perhaps a claim could be sustained under the above law. (4) Depends on the circumstances whether order would be made. Finance, Companies, Etc.: Q.: Can company debenture bonds be turned into secured deposit stock without consent of holders? (Further question). — "Bonds" (Island Bay). A.: As already stated the conversion cannot take place without the consent of the individual bondholders. The Act you mention confers the right on a company holding deposits to pass a resolution converting same into "deposit preference shares." The passing of the resolution does not make it obligatory on depositors to accept the conversion and they need not do so. Bonds are exempt from this Act and nothing can be done without the holder's consent. The companies may not have put the position clearly but to give an opinion on the point it would be necessary to refer to the correspondence between you. General: Q.: Must hoarder give either a week's notice or pay a week's board?— " Anxious" (Raponga). A.: Yes. Q.: Immigrant injured on liner by hawser breaking m Panama Canal. Can damages be ctoimed from shipping company?— "A.W.Mcß." (Walharaha). A.: If you think you can prove negiigence and rebut the possible defence of contributory negligence on your part, do not hesitate to claim damages. Q.: Farmer runs bull on neighboring property free. Bull gets over fence and makes overtures to a six months heifer. (1) Can owner of heifer claim damage? (2) Is, owner of bull responsible for fences damaged? (3) Can a person run an entire animal with only a boundary fence between it and neighbor's stock?— " Bushed" (Manure wa). A.: (1) and (2) The Impounding Act deals with trespass by entire animals. Issue' summons for damages. (3) If the neighbor takes the risk there is nothing to prevent this, but the owner who is prejudiced should proceed under Fencing Act for erection of an extra strong fence. Q.: What percentage of a Tatt's prize does the N.Z. Government deduct?—"F.S." (Roto Roa Island). A.: N.Z. Government makes no deduction. The deductions are made ln Australia. Q.: Could ex-railwayman who has been compensated for an accident apply for some other Government position? — "A.M." (Dunedin). A.: Yes. Q.: Person ls discharged from sanatorium as incurable. His wife, who receives a small weekly allowance which Is payable to her husband under a will, refuses to provide for him. He is unable to work and has no means of support. (1) Is it legal for a person of his state of health to live unrestricted In the community? (2) Can his father or sisters be made to contribute to his support? (3) Is he entitled to charitable aid? (4) Must wife, who is compelled to work for her support, help hI m ?_"A.N.M." (Christchurch). A.: (1) Nothing illegal about lt. Tho sick cannot all be segregated. (2) Yes, if he Is a destitute person ana they nre of fiufflciont nblllty to contribute to his Hupport. (3) The Charltablo Aid Board decides this on the facts of his case. (4) Answer No. 2 applies. Q.: Father of Illegitimate child Is prepared to marry its mother. If she refuses can he claim child, nnd can mother forco hlrn to pny maintenance? — "Anxious" (Palmerston North). A.: The mother Is tho legal guardian and Ib entitled to the child. She cannot be compelled to marry tho fathor. nnd he must maintain child if marriage Is declined. Q.: Illegitimate child born 1917. Father admits paternity, but does not nyiintain child. Mother marries, but her husband ls ln bad health. Can

Eg father of child be compelled to pay maintenance? — "M-S." (Christchurch). A.: Yes. Q.: If a girl aged 19 cannot get her parents' consent to marriage wn phe get married without? — '"Anxious" (Newmarket). A.: Not unless she obtains the consent of the Supreme Court.. Replies m Brief: "Student" (Christchurch) : Both r Switzerland and Czecho- Slovakia tried the capital levy but the experiment failed. The British Labor Party advocated it but did not unduly stress it m the last election. Since then the party has assumed office and has announced that it has no intention of attempting to enforce the capital levy at present. It is not only extremely unlikely that any drastic, increase m the present levy on capital (as now imposed m the shape of death duties, income tax, etc.), will be made while the present state of parties continues, but it is also open to grave doubt whether the Labor Party's leaders really believe m the practicability of the capital levy. — "J.P." (Temuka) : The advertisement is merely copied from a well-known printed wall-card.' ' — "Spiritualist" (Wellington): Both sides were given a fair hearing. There may be good and bad spiritualists. And there are mediums.--"Mrs. B." (Kilbirnie): The Commissioner of Pensions, c/o Pension Department, and above him the Minister of Pensions.— "Justice" (Island Bay) : See a solicitor and bring a civil action if you can get the necessary evidence to prove your case. — "Canvasser" (Napier) : As you were on a commission basis 'do not think you have any claim.. Do not on any account use the cash you collect, — "12/4156" (Gore): Consider that a claim for damages for misrepresentation would be well founded provided you applied for job and were accepted before the basis of payment was disclosed. See a barrister and obtain a , considered opinion. — "Suitcase" (Wellington) : Sue for damage for negligence. — "G.A.H." (Wellington) : Yes.— "E.C." (Stratford): If the money was received m full settlement that ends the matter unless you can prove duress, i.e., that the executor took advantage of his brother's straitened, circumstances. — "Boundary '* Fence" (Dunedin): Yes, but at their own expense. If they desire . you to contribute they must serve a Fencing Notice.— "Mrs. D." (Hawkestone Crescent) : You are entitled to the week's board and to aflother week's board m lieu of notice.-\-"3Veeping" (Hunterville): As the solicitor was instrumental m causing the money to be paid he is entitled to the usual collecting charges. — "True New Zealander" (Wellington) : Pleased to receive your letter. We shall continue to warn the public. — "Heated Argument" (Lyttelton): Celebrates birthday every four years. — "P.A.P." (Auckland) : One verse goes through: Well, now I'm back once more to lead The Governmental moke; I'm out to break a record, but I fear my record's broke. — "C. Kraus" (Wellington): It depends whether he owns or leases the land. Have the title searched or call upon him to show his right tb eject you or charge you. — "R.R." (Gisborne) : Not unless there was an express or implied contract to do so. — "E.S." (Wakatane): Unless prepared to go into voluntary retirement at mental hospital, you must make your own private arrangements to be cared for. — "Rowdy" (Gore): Inquire from local Custom authorities.