"TRUTH'S" SERVICE BUREAU

NZ Truth, Issue 1293, 18 September 1930, Page 20

"TRUTH'S" SERVICE BUREAU

LEGAL

•'. Q.: In reply to a correspondent who asked whether m the cases of pretended marriages, between two women as m the Amy Bock case a divorce was necessary a New Zealand newspaper recently said /it was. Is that answer correct? — "M.H.J." (Palmerston N.)

A.: No. In ithe recent litigation m England where a judge had declined to recognise a Soviet marriage, the Court of Appeal,., m overruling him, adopted as the definition of marriage on Christian countries — "the union of one man with one woman ; for life to the exclusion of all others." ' Before there can be a divorce there must be a marriage, and this union of two wo-, men, whatever it is, is not a marriage.

Q.: Are police entitled to stop a car and search it for liquor., m a dry ? a.rea without a search warrant? (2) Can the police 1 - order a man to leave the town, who is financial; and does not keep. bad company because he is loitering about the streets? (3) Is a person; entitled to use force to resist arrest if the police have no warrant? (4) If a person sends overseas for books or pictures, which upon arrival are deemed to be indecent, what would be the' result? Would the sender be liable?— " Constant Reader."

A.:.(l). No. (2) He is not bound to go but the meaning is that if he does not they will prosecute him on some charge. (3). No. (4) The sender would be liable if m New Zealand, but' as he is not within the jurisdiction of the New Zealand court he will not be liable. If the postal officials suspect that the packets contain indecent, matter, they may open and destroy them.

Q.: Is it an offence to authorise a person to place money on the totalisator for me? (2) If he. obtains the dividend and refuses 'to pay it over to me, have I any redress? (3) Can I compel my employer to pay me for time during which I am working after notice, to leave station, the manager being absent? (4) Am I bound to go to my employer for' my cheque?—"Scrubcutter" (Pongaroa); ' y V '■ A.: Yes. It is punishable on conviction by imprisonment with or without hard labour for a term not exceeding three months, br to a 'fine riot exceeding £20, or to both fine and imprisonment; (3) No. (4) This depends on the arrangement under which you have, been paid previously.

Q.: I am a minor and was induced to, buy a bond m a tobacco company. The company is now bankrupt. Is it liable for selling to an infant. — "S.G." (Auckland). ' " . -

A.: The company is not under any liability for selling j'ou the bonds'while you are a minor. You should, however, immediately repudiate the contract. Do not pay any further instalments, but you cannot recover money already paid.

Questions of all kinds (except on matters relating to finance, sporting 1 , 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. , Questions should be writter 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.

PROPERTY SIGHTS Q.'.' (1) I agreed to; buy a house on the terms that I was to get immediate possession. I did not obtain possession for : three months. From which date would I be liable for rates? (2) I instructed an agent to sell a property. A man agreed m writing to buy, but did. not pay a deposit or complete the transaction. . Is the agent entitled, to commission, and, if so, from whom? (3) 'A man died recently leaving a family of eight' daughters 'and three sons. Can the daughters be forced to' pay their. share, of '_ the funeral expenses — they, are married and m good circumstances ?— "Happy Uand." A.: (1) As between yourself and the vendor you will be chargeable with ra^es from the date you /entered into possession of the property, i.e., either actual physical possession or receipt of the rent if •: the property were occupied by a tenant. (2) • If the agent was duly authorised m writing by .you to sell you, will be liable for his commission if the sale went off through no fault of the agent. Failure to take a deposit would m most cases bar an agent from recovering. (3) His estate is' primarily liable for the payment of hist funeral expenses. If he died destitute his near relatives, which include daughters as well as sons, if ! they are m a position to pay, may be ordered under the Destitute Persons' Act to contribute towards the \expenses.,. . .-. j HOUSING AND RATES Q.: I let my furnished flat to a married couple. They brought a relative to live with them. Have I any claim against them for this? . Can I make the relative pay? — "Fair Play": (City). A.:' No; they are entitled to have any number of persons living with them unless you have dealt with the matter m the letting agreement. Every tenant can assign or sub-let unless expressly- prohibited.; You cannot recover from the relative.

WAGES AND PENSIONS Q.: Is a woman with four children, whose husband was drowned and his body not recovered, entitled to a widow's pension? — "Constant Reader" (Ngaio). -. A.: The Pension Department will require reasonable proof of his death. ■ The pension is only payable m respect of . children not over; the age. of 15. You will be entitled to a pension of such an amount that the total income of all, with the pension, will not exceed £2 per week, together with 10/- a week m respect of any such child or £5/10/- a week whichever; is the less. WILLS Q.: A, B and C have an unmarried sister who dies intestate. Can the Public Trustee make any suggestions as to ■ the disposal of the /deceased's personal belongings? (2) I am buying land, paying the purchase price by instalments. *" If I build a shed having a concrete base to which the ' shed :is fastened by bolts, can I remove it , if I am unable to keep up payments? — • "Worried" (N. Invercargill): A.: 'Only 'f he is granted administration of ! the estate. It is open to'oneof the brothers to apply. (2) No: the shed is a fixture. ' , GENERAL .. ■ ; ; / : Q.: Can a man demand a drink'in an hotel during hours if he is sober, respectable and has never been •m trouble?— " Not Sure" (Gisboi'ne). A.: There is nothing m the Act which expressly makes it compulsory for a barman to supply liquoiv to anyone, but to refuse would be a breach of the duty of an innkeeper to supply refreshment for which object he is licensed. The provision m the Act by which the supply of drink out of hours is left to the discretion of the publican shows by, implication that the supply of liquor within hours is compulsory.

LEGAL Q.: J I was born m New Zealand 68 years ago. At present I am working on a farm receiving one pound a week and tuckJA Lhave no other mean 3 of support. Am, l entitled to the old-! age pension? — "L.E.A." (Kiripaka). | A.: It depends on the value to be j placed on your "keep. The full pen- '[ sion will be diminished by £1 for j every pound of income m excess of £52 per annum. Thus if the keep is taken at 15/- per week the reduction m your case will be £39, iie., you will receive a\ pension of £6/10-. , Q.:- On July 11 I forwarded' a company a deposit on shares. I received no, acknowledgment; and after writing received one and later a reply: from a solicitor stating that the company had gone into liquidation' on the 17th July. I have received no notice that shares had been allotted. (1) Am I liable? (2) Can I recover the deposit?— "C.S." -A.: (1) You will not bo liable if " no notice of allotment was given to you; (2) Yes. If no shares were -allotted, y Q. : Has a Domain Board power to sanction Sunday play on tennis courts owned by them and. situated m a public domain ?.— "Doubtful" (Chertsey) . . A.: Yes. Q: An undischarged bankrupt lost a limb through . ah accident and received compensation. Can .'. creditors claim, the compensation ?-~'G.H.W." (Dannevirke). A.: .No. ; ' yy Q; : A boarder leavefc boarding- house about three" months' .ago owing five weeks' board. He leaves, car. Can I claim 'same?— "Ford" (Auckland). A. : x ou 1 are not entitled to seize the car unless you first obtain judgment against him, arid then take the necessary legal steps to levy execution. COMPENSATION , .■ - — ■ — - — ■ — — — . .. . \ Q.: Can the relatives of a man on relief works, who 'meets his, death., by accident whilst going to or returning from work, claim "compensation ? — "J.5.R.,, (New Plymouth). A.: It depends entirely upon the par- , ticular facts of each case whether a fatal accident under such circumstances can be deemed to-be an accident arising - out of and m the, course of the employment. In most cases the worker, -would' not be covered. > Q.: I held 25 /£!• shares mv an- afforestation company which" were frilly paid up. The, company 'has now gone into liquidation. Have I any, claim on the company for the" £25?- — "Once Bitten -Twice Shy" (Timaru j. : \ i - A.: tJpon the winding-up the assets must be applied- in payment of the costs %nd expenses of the winding-up and all the liabilities of the -company. 'If there is any surplus, the shareholders are entitled to have it divided propprr, tionally amongst, themselves. j MORTGAGES '; Q.: If • a mortgagor wallas off and leaves the property tb the mortgagee, has the mortgagee any claim other than the property?^— "Mortgagor" (Tinwald). > . |. '..'■;. ; .*' A. : Yes. -He can sue the mortgagor for any sum due before,; after or contemporaneously with' a sale of the land. Haying recovered, judgment, : he. has all the rights' of a judgment credir tor, such as execution, attachment and bankruptcy. '.-■.■'•'■.;' | '"'