LEGAL INQUIRIES

New Zealand Herald, Volume LXXII, Issue 22205, 4 September 1935, Page 16

LEGAL INQUIRIES

MANY PROBLEMS SOLVED Legal inquiries aro answered in this column every Wednesday. Every earn will bo takon to ensure that the legal guidance given is sound and accurate and as complete as possible on the facts supplied, but it is to bo understood that no responsibility is undertaken for advice or information published in this column. Questions should be addressed to "Advocatus," care of the Editor, New Zealand Herald, Auckland, and must boar the inquirer's name and address as a guarantee of good faith. Initials or n pseudonym must also bo given for purposes of reference in tho column. Justice.—You are under no obligation ..to prevent seepage of underground water from your property into your neighbour's property, unless the 6ame is accelerated or concentrated by artificial means. Interested. —The owner of property adjoining a road ia entitled to claim compensation for any damage to the property caused by alteration in the level cf tho road. Such claim must he marie within 12 months of the completion of tfce vork.

Exocutor.—(a) An executor can resign his office at any time, provided his accounts are in ordor, and due provision has been made for someone to take his place, (b) An executor can be removed for misconduct by tho Supremo Court if the appropriate proceedings are taken. Anxious—Unless the county counoil can show that it is impossible to repair the road without closing it. or unless the council provides you with an alternative access, you will have a right of action against them for damages and an injunction. G.H.G.—A local body has no power to compulsorily convert its debentures, and it has no power to compel the holder of any debenture to accept payment before its due date. Where, however, the holder dissents from the conversion of securities issued before the first of April, 1933. the interest orginally payable will be reduced by one-third. v 'l'ahekeroa.—ln the event of the wife of a relief worker obtaining the old-oge pension, & deduction will be made from his wages of such amount as the Unemployment Board decides is justified. Generally speaking about four shillings per week. The wife's pension at 63 would be £4l per annum. Five Kings.—Friends may regularly meet to play poker for money in a private house of one of their numbor. Inquirer.—The County Council can recover rates up to three - years, either from the former lessee or your father's estate, but you are under no personal responsibility. Veritas.—The finder of a lost article cannot as of right claim a reward if one has not been offered. Green.—(a) Generally speaking contracts with minors are voidable at the minor s option. There are exceptions, the chief among which are contracts for necessaries or for the minor's benefit. It has been held that a contract made with a minor not in his personal capacity, but as a trader, is not for his benefit, and is therefore voidable at his option, (b) You can claim the balance rent due. (c) Unless the contractor himself agreed to the variation of the contract he is not bound by it. (d) You can claim damages against the contractor for breach of contract in not cutting the posts to the right length. Fed Up.—An executor must use reasonable expedition and diligence in winding up a deceased person's estate. It will depend upon the circumstances of each case as to whether there has been unreasonable delay. If you can show this delay you have a claim for damages. Still North.—A pension may be granted to a widow in respect of children under tho age of 15 years. This does not apply to illegitimate children, except where the parents have inter-married. Nevertheless. the Minister may. upon the certificate of a magistrate, who has in* estimated the matter, allow tho pension in respect of an illegitimate child in the care of its mother, but only where the father in dead. Inquirer.—lf the petitioner in divorce proceedings does not apply for the decree absolute the respondent may do so. Insult to Injury—No damages can be claimed against f,ho father of the boy who injured your son, nor against the Education Department, unless you can prove actual on the part of the father or the department, and it does not appear you can do this. Your only remedy, therefore, is an action in tort against the boy, aad such an action lies, although he mav be under the age of 21 years. Sorrowful.—Unless you can show that the present mortgage is in substantial replacement of a -mortgage existing at April 17. 1031. you cannot bring yourself under the Iturai Mortgagors Final Adjustment Act. Black Cat.—The fact that a husband has pad for property which is in his wife's name gives him no claim to the same. There ia a presumption in favour of the wife that it is a gift. Such presumption may be rebutted in evidence. Urgent.—l. The Unemployment Board considers the wife's financial position when dealing with an application for relief work. No linrd and fast rule can be laid down, each case being considered on its merits. 2. The surname of a child cannot be formally changed except by adoption until the child become twenty-one years of age, when it may change its name by a deed poll registered in the Supreme Court. J.K.C.—A marriage between persons of certain degrees of relationship is prohibited. A table of these prohibited degrees is annexed to the Book of Common Prayer. Your question ia too general. State the relationship you are concerned with. Alpha.—Proof of negligence is necessary before a claim can be made under the compulsory insurance provisions relating to motor-car accidents. The absence of witnesses will not dispense with the necessity for such proof, but on occasions the circumstances speak for themselves. Bonus.—A share-milker's position .depends on the terms of his agreement whether written or verbal. In other words the ordinary law of contract applies. In tho North Island the season is from August 1 to May 31. G.R.P. —Notwithstanding yonr wages are paid out of the men's wages, yon are liable to unemployment tax. Kay.—The lessee (tenant) is liable for all costs of the lease, including stamp duty. Puzzled. —Unless you have a lease or agreement with the landlord you mußt pay the increased rent, or your tenancy may be terminated by one calendar month's written notice. Until the expiration of such notice you are liable only for tho present rent.

Diogenes.—An undischarged bankrupt may take divorce proceedings and obtain a final decree, if he has grounds for divorce. Subscriber.—lf the interest due is on money secured by a mortgage in force on, April 17, 1931, or b, mortgage in substantial replacement thereof, you can apply for relief. G.C.A.J.—To become naturalised you should make application to the Department of Internal Affairs, which will supply you with all information and the necessary forms, also the cost. Music.—To obtain adequate protection ft copyright of each song is advisable. You should consult a patent attorney. ' Non-supplier.—The voting powers and methods of voting are governed by the articles of association of the company. Certificate.—Write to the Secretary of. the Treasury for tho information you require.