Brief Replies To Correspondents

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

Brief Replies To Correspondents

"Rua" (St. Kilda): (1). She will be entitled to a separation on the : grounds of wilful failure to maintain; (2) She is primarily liable, but the' court may order the husband to pay; (3) There is no specified amount; (4) Yes; (5) Yes. Probably about £5/5/0. — "Van" (Auckland) : (1) Not .until three years have; elapsed since the date of the separation deed; (2) April 1932; (3). No. If she does not take proper care of .them you should apply to the magistrate to vary the order; '(4) The order cannot be upset. It overrides the terms of the separation, agreement; (5) It depends on all the facts; it is m the discretion of the magistrate; (6) Possible but. not probable; (7) £25 to £ 30.— VManager" ,- (M.M.): ;(1) If your wife consented to it you have no redress; (2) No. Although you can. write to the editor of the paper protesting against his action m inserting the advertisement without first -, obtaining your signature .to it.— "E.L.R." (Hataitai): Write to C..H. Robbins, Stud Poultry Farm, Masterton.—"J.S." (Waitara): Yes. — "Takaka" (t-t— ): Unless you can prove that these statements have been definitely made by definite persons and are • untrue, yoii. have no legal remedy. The police cannot help you..— "S.H.C." (Korbkonui): You are still liable for rates even if you put your own money into the construction of the road. — "Enquirer". (Palmerston North): (1) From the Divorce Book at the Supreme Court Registry, ih which the divorce was granted. . If you have no idea where it was granted yoii will have to search each book m N.Z.; (2) You can find out by making a search m the Register at the office of the Registrar General m Wellington.— "W.J.T." (New Brighton): (1) They are liable to pay reasonable compensation as is shown by their offer of £5; (2) No, but if you have to fence it that is a reason for claiming | more compensation; (3) You can claim compensation; (4) It will not affect compensation; (5) You can refuse to allow them to enter on your land, but ' they will take the land by proclamation;. (6) Yes. — "Contractor" (Gisbbrne-Napier) : (1) Write to the Director 'General, of Health, who is Registrar of Opticians; (2) No; the terms of the original contract must stand, unless the contract provided otherwise. The court is "hardly likely to hold that it was an implied condition of the contract. that the tariff should not be raised. — "Captain Starlight" (Christchurch): If you signed the proposal on these terms you will be bound by the policy. If the agent fraudulently misrepresented the terms of the contract, you will not be bound by it, but you would stand little chance of success m an action for damages. You should have insisted ;on reading the conditions when you signed. These policies never show a profit. — "Taken In" (Avondale): (1) You can claim the amounts from the parents, but not from the Child Welfare Department. See a solicitor with a, view to obtaining a : maintenance order against the mother; (2) Yes, if they choose to do so; (3) No. — "Anxious" (Whangarei): (1) Tn all probability your agreement binds you to put all your energy into your employer's business. In such a case he is entitled to object. This depends on the terms of the agreement. — "Anxious" (Oarnaru V: Under the circumstances he would have practically no chance of obtaining anything. — "M.A.C." (Miramar): It is a question of local by-law. — "Fence" (Taihape): Your best plan. is to serve a fencing notice. to complete the fence m the same manner. If there is any dispute, it can be referred to a magistrate.— "Perplexed" (Petone) : Under the circumstances you are clearly justified m. regarding the. engagement as broken.— "Manukau" (Otaki): You cannot upset the will, but if you are destitute and your brother is able to contribute towards your i keep, you can apply for an order to. be ! made against him under the Destitute Persons' Act.— "Like-2-Know" (N.?.): (1) No; (2) She should consult a solicitor, with a view to obtaining a separation; (3) He is primarily entitled -to the children, but she is entitled -to. apply, for their custody and m view of their age it is highly improbable that the father would be allowed the custody; (4) It depends upon the whole, of the facts of the case, whether his conduct amounts to cruelty. Pror | bably it does; it is a question of degree. — "Anxious;' (Gisborne): It depends upon the rank and pay of the soldier.— "Swindled" (Wellington): (1) No. There is no written evidence of a contract binding you, but presumably he is retaining possession of the car although it is not clear from your letter; (2) If he; is m possession you can sue for the, return of the car, also damages for use, legal costs, etc. ~\S) The police will not interfere. — "Enquirer" (Kaikoura): You cannot do that; it is merely an evasion of the law. — "Puzzled" (Ashburton) : Your best plan is to apply to the court to have the land sold, but it is very unlikely that the court would grant an order under these circumstances, provided the trustees are acting within their powers. You can give thevother beneficiaries the option of buying your, share. You will probably find that the trustees of the first will are authorised to postpone conversion for as long as they? think fit:— "N.D.P. Settler" (Ormond): Y6u can write to the Auditor General, Wellington, asking him what the position is and what he intends to, do. You are entitled to this information. Tell him that if he does not have the matter investigated you yourself will take action.— "Witia" (Owhango): You will be entitled to a pension of £20/10/.-, ' provided that you have no income or property other than that mentioned; yYou will not be entitled unless you are 65 years of age and have been resident- m N.Z. for 25 years. — "Pension" ,(-^-y-):: If he makes a gift of the house it is almost certain that he will not be granted a pension.— "Anxious" (Tophouse): (1) If you have no money,, you cannot be forced !

to pay, but that does not prevent judgment being obtained. You can, if pressed, go bankrupt; (2) Only if they obtain an order oh a judgment summons against you, which is unlikely if you attend before the magistrate and. explain your positibn.^-'Worried" (Tophouse): (1) YOii are still liable for the account; they are not bound to accept any arrangement, you offer; (2) If the Car is held on the hirepurchase system it cannot be sel^d.r"S.O.St" (Waikato) : : Ypu will not be bound by your wife's contract if you did not authorise it. Your wife, however, will be liable . to the extent of any separate property she • maw possess.- — "Mrs. Stella" (Lower Hutt) : New Zealand, 103,658 square miles. Italy, with Sicily (99,935 square miles), .124,338 square miles.— "R. Bursell" (Auckland): The man who bet evens. — "Gem" (Kilbirnie): An Englishman. — "N.G.H." (Hataitai): No. — "Wager" (Hastings): Life term is 21 years. Natural life term means that the prisoner will not be released; (2) Nbrgrove's sentence was commuted to life.— "R.C.M:" (Napier): Write to the Plant Research Station, Princess St., Palmerston North. — "Coin" (Christchurch): The curator of the Dominion Museum, Wellington. — "Mack" (Riversdale). Bar gold. — "D.J.C." (Oarnaru): Consult a year book ( m your public library. — "Certificated Dancer" (Masterton): Sorry, have no knowledge of this matter. — "G.J." (Auckland): No replies to queried are given by letter, but all matters are treated as strictly . confidential.— "E.B." ( — — ) : Your best plan is to have it sent by bankdraft. — "Motor Owner" (Invercargill) : Nothing is known of the merits of the invention. There is no reason to suspect that it is a fraud. AVhy not apply to the Bank of N.S.W., Sydney, which is given as a reference? — "Fair Play" (Manawatu Heads): (I) The owner's consent is not necessarytd cldse the drain; (2) No; (3) Not if it is an offence to catch whitebait out, of season.— "Anxious" (Dunedin): If you cannot find him you can apply to the court for leave to dispense with personal service. The court will ttferi order the petition to' be advertised. -^"Bush Worker" (Eketahuna): Yes, provided that the company . had . not accepted /.vour proposal.— "Qualified" (Napier): (1) 65;, (2) The full pension will be diminished by £1 for every "£1 of income m excess of £52 per annum and by £1 for every £10 of accumulated property m excess of £50, whichever method of calculation results m the larger reduction.— "Daniel" (Patea): No. In the circumstances the only thing ,you can do is to "sell the lease— "V.M." (WanganuH: They cannot claim the furniture except under execution of a judgment of the court, as they were not part of the security. If there is any deficiency, you will be liable for it— "Very Anxious" (Rongotai): The pension will cease upon remarriage, but a gratuity not exceeding two years' pension is payable m certain cases, payment depending upon the second husband's circumstances.—"Anxious" (Wellington) : Aexandra House, Wellington.— "Anxious" (South Dunedin): You will have no. remedy. It was your duty to find' out the contents of any document you may sign. —"Worried" (Wellington): They are entitled to recover the arrears from you.— "Anxious Winnie" ( -) : (D .If her parents refuse their consent, she must obtain the consent of the court: (2) Consult a solicitor; (3) Yes; (4) It depends on the. views of the magistrate; (5) Yes. — "Fair Play" (Taihape): You will be liable for costs on the balance outstanding, but you are not bound to repay the whole amount if yoii can prove you paid the £3. — "Anxious" (Howard Junction): You had better obtain the survey plan and show it. to your neighbor. You had better consult a solicitor.— "U.U." (Wellington): The correct course would be for the child to sue by her parents. But if there has been no negligence upon the part of the motorist, she • will have no claim.— "D.H.B." (Puketurua): If the purchaser owned the bicycle and did not hbld it under a hire-purchase agreement, the original vendor is not entitled to claim the balance from "any subsequent purchaser. If* however, it was held under an agreement, you will he liable for the balance as there is an implied, warranty upon the sale that you had a good title to the cycle.— "Max" (Ellerslie): Yes.— "White Fang" (White Rock): The Government.—"Anxious" .(Lyttelton): They are not bound to allow you to have access to the children V'Truth" , (Ashburton): The -man prima facie appears to have been guilty of false pretences. If the police will not prosecute it is open to you to lay ithe' information. If the pretended ' solicitor .is • worth anything, ypu can. , sue him for damages for . conspracy and fraud.— ''Puzzled" (Wellington): Without knowing the exact terms of the will it is impossible to say. If the bequest were simply to the testator's children, an illegitimate child would not participate, but it would be otherwise if : the' tesstator has by 'express words shown an intention that this child should participate.— "lnquisitive" (N.A.). (1) No; (2) He is guilty of making a false declaration and can be punished accordingly.—"Chin Strap" (Napier): You have no claim for them,— "W.S." (Dunedin): (1) You are entitled \to have access to the child. You could rapply to the court for an order giving ynu custody, but unless there is good reason, it is improbable that you will now be granted custody; (2) N o# _.. H » (Christchurch): (1) Yes;. (2) Y es _"A.W. Reader". (Wellington): fl) If she applies to have the decree made absolute, she will have to pay the sealing fee; (2) Yes; (3) She can petition, when applying to have the decree made absolute for the custody of the children; (4) Consult a solicitor. — "Fairplay" (Napier) : (1) If there is no agreement to the contrary, one month's notice ln writing; (2) Yes; ■ (3) No; (4) Not unless a valid notice is ..first given;— " Hard Up" (Wai-

pawa): No; . not if , he accepts the car. But he is entitled to refuse to take it back. In that case he can sue for the balanceVW.H.S." (Lower Hutt) : You can claim further compensation. — "Anxious" (New Plymouth): You will not be entitled to a month's wages if he gave you sufficient notice. — "In Doubt" (Kaukapakapa): No. The purchaser of the timber only is liable. — "Hard Pushed" (Hamilton): (1) You can repudiate the contract, unless the books can be shown tb .be necessaries; (2) Not unless the con-tract-was for necessaries; (3) Not unless the • .contract was one for necessaries. — "Anxious" (Newtown): If you are m possession ' under an .agreement to lease, you will be bound to the same extent as though a formal lease were granted, so that you will be liable for the rent for the expiration of the term. — "Divorce" (Tauranga): Your evidence of itself is not sufficient to obtain a divorce. A jury would hardly be 'justified m inferring misconduct. The parties on the occasion m question were not alone* But you may have Other evidence or be able to obtain it before trials — "N.W." (Grey Lynn): They are quite justified m refusing to register your home.— "Laxity" (Wellington): You are bound to pay. — "J.W.C." (Limehills): Yes; if they are not going to publish it. — "Anxious"- (Invercargill): (1) They are bound by the agreement, but you cannot force them to borrow money; (2) You can have them examined on a judgment summons. You can also make the purchaser, bankrupt. If you recover judgment you can have the furni^ ture sold under a distress warrant; (3) Bedding, tools of trade and family clothing to the value of £50 are exempt.— "Q.8.D." (Wellington): (1) His pension cannot be charged for any debts; (2) Yes; (3) Yes; '(4)- No. — "Wage Earner" (Masterton): For the- period of six years* — "Curious" (Wellington) : No opinion can* be expressed m this column as to the effects of sodomy on those, who participate m it. It is a crime whatever the age of the criminal. The age 16 mentioned by you has to do with the punish- ' ment— -flogging over that age, whipping under. — "Thirst" (Nelson): No. — "Inexperienced Youth" (Greymouth) : (1) Not if she has been committed to the care of the state; (2) No. — "Blacksheep" (Sydenham): (1) You will have no claim, unless application is made within one year from the granting of probate of the will unless you obtain leave to apply within a further twelve mpnths; (2) £12/10/- appears to be an excessive rate of interest; (3) If. you go bankrupt you will - lose your life interest. It will go in 'most cases to the assignee. — "E.C." (Lower Hutt): (1) Yes; (2) Britain. — "Interesting" (Heriot): (1) The boarder; (2) Not legal. — "Motor" (Cromwell): Apply to some customs and forwarding agent m Dunedin. — "M.0." (Dunedin): Provided your land was fenced, you can recover the amount of damage done to your property.— "Anxious" (Remuera): (1) The Public Trustee will pay. interest; (2) It is impossible to state what his charges would be; (3) The compensation will be paid over on the date ordered by the court, if. there is no time specified when the child reaches 21. — "Circumstances" (Auckland): If your children are not able, to support you the only person you can fall back on is your husband. — "Urgent" (Spreydon): (1) Unless there is . any clause m the agreement to the contrary, you will be liable to forfeit your deposit, also to damages for breach of contract; (2) Yes; (3) You will be liable to ,take up the mortgage. Your best course is to try to sell the property with the benefit of the mortgage— "C.S. S. Fairplay'! (Auckland): If your stepmother left a will, the property will go . according to that will. You will not be entitled to plaim under the Family Protection Act. — "Hard Up" (Dunedin): (1) You are- entitled to file. The Act is for the relief of debtors; (2) £6 to file the petition. Consult a solicitor; (3) Yes.— "R.R.R." (Miramar): As long as He pays you your main T tenance,; he is entitled to do what he pleases with his money. — "E.M." (Christchurch): You have no remedy; what the paper said was true. — "Anxious" (Marton): No.— "Pommy" ■ (City): . Yes. She is not barred by the lapse of time, but she will have to explain it. If she left you without cause, i.e., deserted you, she will have forfeited her rights. — "Doubtful" (Wellington): (1) No; (2)' The marriage would be quite valid, but you must first obtain the court's consent tb your marriage. Consult a solicitor.—"Anxious" (Dunedin): The landlord's promise is binding. It is unnecessary that the notice be m writing. — "Annoyed" (Temuka): (1) He is not entitled under any circumstances to kill the animal. . His real remedy is to impound the animal straying. He will be liable for the cost of the animal. He cannot be held liable for cruelty unless he killed it m an inhuman way; (2) The owner; of the animal is entitled to claim its value.— "Up 'Against It" (Wellington): (1) No: (2) Sue him for it; (3) Yes; The wife can take out a warrant for his arrest. — "Lucern", (Inaha): Approximately £21.— "Hard Hit" (Wellington): If you can show special grounds you may succeed m an application for a further allowance under the Family Protection Act, but success does not on the facts stated, seem likely.

—"Subscriber" (Whangamoa): (1) A notice to fence one half may be served; (2) No; (3) Yes, the land remains yours. Ownership is not affected by. a sudden change of the course of a river: (4) No.— "W.U." (Wellington): Your granddaughter will have no claim under the third party risk unless she has a claim against the motorist for negligence. If there was no negligence, she will have no claim. You had" better consult a solicitor with a view to •seeing whether there was negligence upon his part and whether she has any claim.