INQUIRERS' CORNER

NZ Truth, Issue 1145, 10 November 1927, Page 15

INQUIRERS' CORNER

!i' Conducted by "INTERPRETER."'!

Answers will be published as early as possible after receipt of questions and so far as possible m order of rotation of receipt.All letters must be written m ink and be addressed "Interpreter" c/o "Truth,". Manners Street, Wellington. While we take no responsibility for any answer given m these columns every endeavor will be made to see that they are absolutely correct. Answers to legal queries mv.st 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 solicitor for further action. - No replies can be made by post. No anonymous inquiries will be answered, and inquiries of this nature«will not be proserved. Frivolities and questions not of general interest will not be answered. / .

PROPERTY • RIGHTS

Q.: My buildings are on boundary line. How close can my neighbor plant trees. He has planted within four feet; can I make him remove them? — "Anxious" (Kakanui). A.: Whether you have built to the boundary line or not, the Fencing Act provides that no one shall, without the written consent of the adjoining owner plant gorse or trees on or alongside the boundary line. As to whether trees planted four feet from the boundary can be said to be "alongside" 'is a question for the magistrate to' decide on' all tho circumstances of your particular case.

Q.: I am a carrier, and live m the country. I store 200 cases of petrol m shed, can my neighbor object? Is there any law to stop me fsom doing so? — "Anxious" (Kakanui). • A.: Your neighbor cannot prevent you so long as there is nq law to prevent you. The Explosive and Dangerous Goods Act enable the Minister and certain specified local authorities to declare what are dangerous goods and to make by ± laws concerning the issue of licenses, storage, etc. Consult the clerk of the local authority m whose district you reside.

COMPENSATION

Q.: Is it correct that a workman earning- over £300 per year cannot claim under the Workers' Compensation Act?— "lnquirer" (Wairoa). A.": No. The position is that a manual laborer }s covered whatever the amount of his annual earnings. Clerks and others engaged on other than manual labor are only protected if their remuneration does not exceed £400 a year. ■

MORTGAGES

Q.: Can auctioneers -employed* by a mortgagee to sell by public auction themselves buy m? — "H.S.W." (New. Plymouth).

Q.: Can a mortgagee sell a property and still hold a mortgage of a like amount from the purchaser ? — "H.S.W." (New Plymouth)

A.: There is nothing to prevent the mortrgagee reteriding to the purchaser if he elects to do so, but the origina 1 , mortgagor will be tinder no liability for any loss on the new loan, unless, possibly, the. original mortgage authorized the mort-^ | gagee to sell on | terms and ex- | pressly reserved " the liability of the mortgagor for any ultimate loss Q.: I am one of the trustees m an estate and have lent one of the beneficiaries. £20. What steps should I take to safeguard myself? I am told I cannot hold a mortgage over his chare as I am a trustee. — "Reader" (Hastings)..;' A.: A tfbstee is precluded from buying but there is no objection to 'his taking a mortgage from a beneficiary to secure money lent. Toil should take by way of security an assignment of the money coming to the beneficiary-

WILLS

Q.: Can a legally adopted child sue-; oeed to the adopting parents' estate In the absence of a will andaf there are no other, children to the exclusion of next-of-kin? — "Lex" (Auckland). A.: Yes. '

MAINTENANCE

Q.: Whilst a patient m a mental hospital I became- pregnant. Aftei' my baby was born 'I was- allowed to go home. The child is now five years old, but lam unable to work. Can I compel the mental hospital authorities ' to maintain my child so that I will not have to part with it? — "Zenda" (Bluff). A.: You have no legal claim nor is your moral claim based on the fact that as you say they should not have allowed you to get into that condition at all clear. If you" can prove paternity against anyone you are allowed six years from the birth ■ of the child to obtain an order, but if that is impossible and you are destitute you should apply for charitable aid. ' Q.: Can a wife, told by her husband to go, the husband then forming an adulterous connection, recover main-tenance?—-"H.S.W." (New Plymouth). A.: It is plain. she can.

MARRIAGE AND DIVORCE

Q. : Can husband obtain divorce from wife who has given birth to a child since marriage which she says is not his, though the birth took place several years ago? — "H.S.W." (New Plymouth). . A.: Only if the child were conceived after the date of the marriage. Lapse of time will be no bar to the suit provided the husband acted as soon as he obtained knowledge and did "not condone the adultery, Q.: Can a minister refuse to marry a girl under the age of 21 who has not received her parents' consent- to the union? — "Anxious" (West Coast). A.; It is hot a question for the minister, who can only celebrate a marriage m pursuance of a license granted by the registrar of births, marriages and deaths. Such a license would not be granted In the absence of the consent.

LEGAL

Q.: (1) Has the father any claim on his illegitimate child? (2) Can the mother take any action where the father promised to marry her and then failed to go on with it? — "Anxious" (Wellington). T • A.: (1) The court would not grant him custody of it. (2) You can sue him for breach of promise. Q.: An unmarried daughter has a child. Can the latter's grandparents legally adopt her and would she be on an> equal footing with their other children? — "Anxious" (Christchurch). A.: Yes. The adopted child would participate equally with the others on intestacy.

Q.: My wife is m a mental hospital, She went m voluntarily nine months ago suffering from nerve trouble and now is quite well enough to 'return home. Can the doctor prevent me removing- my wife if she wishes to return? — "Query" (Blenheim). A.: Presumably your wife is a volunvtary boarder under Part V of the Mental Defectives Act. If so, the Act expressly provides that she cannot be detained for longer than seven days after making application m writing for discharge. It is open to the authorities to 'apply for a formal reception order if they think the •circumstances warrant it.

Q.: Can an agent sign a deed of, convey ance without holding a power of attorney ? — "H.S.W." (New Plymouth). A.: An agent to execute a deed must himself b c

uiiimiimimmiimiimiiimiiiiiiiiiiiiir authorized by deed, a copy whereof must be deposited m the local registration office. Q.: Can a man sue a young lady for breach of promise and what would it cost? — "UVgent" (Omakere). A.: He can, but is not likely to, get much for his trouble. Possibly £50.

GENERAL

Q.: To whom should I apply for the issue of a miner's right and what la the cost of same? — "J;H.B." (Lower Hutt). A.: The Mining Act 1926 provides that on application a miner's right shall be signed and issued by any warden or mining registrar or by- any duly authorized postmaster. The fee is 5/- where the right does not relate to native ceded lands and 20/- when it does so relate. Q.: Who is liable, the employer or employee, .if., an employee during the course of his employment whilst riding a motor- cycle injures a person or third person's property?— -"Worried" (Wanganui). . , \ . A. The employer is' liable, if the cyclic was being ridden m the course of the employer's business. • Q.: (1) A married man received a long term of imprisonment for an unnatural offence against some boys not his own children.- Has his wife sufli L ' cient grounds for divorce on that account? (2) -A firm offered to supply me with a, quantity of bricks delivered to nearest railway siding .for a stated price. After delivering and receiving payment they discovered they had made an error re railway freight. Am I liable for any additional payment? — ■ "Constant Reader" (invercargill). A.'. Yes; provided he -was guilty of the offence and not merely an attempt. J (2) As the price quoted was inclusive of freight, you are not liable.