INQUIRERS' CORNER

NZ Truth, Issue 868, 15 July 1922, Page 12

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 columtts, every endeavor will ' be made to see that these are absolutely correct. Answers to legal queries must be accepted merely as a guide as to whether or not It Is wbrth while going tp the ■ expense of placing matters inquired^ about m the hands of a solicitor for further action. No replies can be made by post..

Housing, Rent, Rates, Etc.: Q.: Person shares room with another at a boarding house. . Latter leaves and takes portmanteau belonging to former. Has latter any claim on owner of boardinghouse? : —^"E.J.B." A.: Unless negligence, on the part of boardinghouse keeper can be established there is no claim against him for the. loss of the article. It would be somewhat difficult to succeed! on such a claim m the circumstances m Question. Wages, Pensions, Etc.: .

Q.: To -what amount of. property is &- wife entitled without depriving her, husband to the right of the old age' p&nsjion?— r"Constant Reader." '>',',.&'•, In the case' of ah application for 'itile old age pension by either husband ijpfc wife' the capital value of the .accutfutftated property""of either is deemed, MB half the value of the' aocumulaftj§& property ' of both, allowing! tor a, Reduction of . £50 m cases of ordinary. , jMfriperty ana of J3 390 m respect of. wpf qperty ■■ oWned and used by applicant Ma'spii dweglwg house. The pension is rMuced 1 by i £l for every £10 of accumulated prbperty over until wh?i the [value bf?*ttfe accumulated property, riches £"440 ;the right to the pension aa v gone. If, therefore 1 , th's wif v had accumulated, property of a value of liBSSO' her husband could hot receive : . . |4Tq;VHow much would a person have BtCfe&rn, including allowance for board aid 4 lodging, to disentitle him to the Ijm'age pension?— " Subscriber." ■ 2t r AT-': When his earnings, including ! fflii^'b^ard and lodging at not exceeding T&26.;per year, amount to £39 per "/t-ar, |fclip pension is reduced by £1 for evferjfc £l earned over that amount unilul 'he loses> all right to a pension when fj total earnings, including his buard, lount to £78. , surance, Commission, Etc- > Q,: How- can a. sawmill emp'oyee insure him.self against accident? — "••■■ , ' 'A.: There are many insurance com-' jpanies doing busines m New Zealand $vno will insure against accident. In jcase of an accident arising out of the the employee would have p. claim against the employe!' under the (Wtorkers! Compensation Act for «bmjpensation, and "if the e'mp.oyer is a crudent man he will have his workmen insured against such claims The molicy of insurance cgmpanies doing (accident business, is not to, accept ; a proposal; for insurance against -veciJdent where the person would v ha^e a /claim ■ under", the .Workers' ' Comp3nsajtion Act, ' . • V ' pß aI * • ' ' ' ■'■■■ „'.-- *'.,Q'.: Person purchases section of\land fon to' which. 'water =fl6ws from adjoining section, the great detriment, of. jthe former. / (1) Can purchaser compel owners of . neighboring section to keep water; from flowing on to his section? (2): Can he claim for damage pone through- • flow- of water -from Neighboring sectiop? (3) Can he claim tronv, person' from whom he bought lhe section? — "Worried." \ i ■ ■ ' ■ ■ ■ ■ ■■■■■■

A.: ■ This depends entirely on the surrounding circumstances, but it may be stated generally as follows: (1) and (2) If it is just the natural flow of the surface water or raiii water or drainage water the owners of tbe adjoining section ai:e under no. liability m the matter. . If, however, they store water, which is escaping on to the section, they, are ljable, and .n the latter case, only, damages can be rscovered from them; ,(3) This depends on ■what representations were made at the time. of the sale. If it were represented as a dry section by the vendor, damages could be recovered from him.

Q.: Can a woman adopt an illegitimate grandson 21 years oVI, and will all her property to him? — "E.M.R." , A.: No, he is too old to adopt, but there 1 is -nothing to prevent you making a will m his favor.

• Q.: Can, a person run over by ye- • hide claim damages from owner of same? — "Accident." \ . Ay: ■■impossible 1 . -to say. -what the prospiects would be m an action for damages without knowing the detailed' circumstances. '» Q.: arranges With solicitor to ( commence action for damage done to furniture, and pays him 10s on account costs. Solicitor fails to move m matter. • What should person do? — "G.A." A.: r Your best course is to consult another solicitor, re your claim. ( Q;:/ Person's children get injured by machinery on. adjoining land belonging to another .person; -Is first pejson entitled to damages or can he compel latter person to remove machinery? — "Anxious." ' A-: No. , . Q.: What kind, of (boundary fen«e is, sufficient to, comply with- the law? — "j:m.? ' , . ■-■■■ ■ ;

A.:- Adequate provision is made m the Fencing Act, 1918, regarding this matter, but the details are- too • cojnplex to set out 'here. ; , Q.: Husband buys sectipn pf land; can his- wife sell same without his sanction?— "W.M." :

A. :. Certainly not; nor will she be able to transfer same without xour signature to, ;the instrument of transfer. Q.: Tile or brick falls from roof of house and injures t;he tenant. Is the landlord responsible to tenant for damage' suffered?— "J.M." : A.: Impossible to say without know♦ing more of circumstances, but unlikely that landlord can be held responsible. . Q.: Wife dies intestate., Cah husband dispose, of her property, as he chooses ?rr"Qne., Tree Hill.' r ' A.: No; your only safe-course .is.,- to apply for Letters of Administration, and: you are' then bound to distribute the .property! m accordance^ with "the provisions of -the Administration Act. ..Q.:, Does the fact of a creditor accepting part payment of a £ebt after summons, issued.. for same disentitle him to . judgment for balance owing? — :"Anxious." A.: No, certainly not.

Q.: Is it necessary to have a law« yer when making a will?

A.: No; not absolutely necessary, but . advisable, especially where much property is involved, m order to ensure that the will carries out your intentions'.

Q.: What remedy has a lessor against a lessee m respedt of a breach by the latter of the covenant to repair contained m the lease?— " Reasonable."

A.: Your remedies depend to a very great extent on the terms of the lease, and it is consequently impossible to say definitely (what they ar© without, a perusal of the lease m question. You have, on breach of such a covenant, a right to determine the lease, however, and a right of action for damages for the ibreach. As the lease ds* about, to expire you should move quickly m the matter.

Q.: A soldier ibef ore, embarking: on active service makes will m favour of his father. Will such be revoked by his return from active service, or will it affect the nights of his wif e ?— "Wif e. 1 '

A.: No, it rwill not be automatically revoked by his discharge, and he should make a new will if he wishes his, wife . to have his property. If, however, >he has married since making his will then the same will be revoked thereby; Best plan is to make a new will revoking thei old one. { v . :'■■ Q.: Can a constable surprising a-two-up school summon "• all pivtfent without/ proof of their being implicated?— "Argument" (Makinoi. '. A.: Yes, he can summon them, but will have to. prove their implication m the game to the Court-

Q.: A sues B for sum allowed to be, due, but judgment given >n, favor of B. A now threatens to publish the fact of Bs indebtedness to --him. eviy dently hoping that B will sooner pay than face publicity. Can A do this,: Without rendering- himself :liable to damages at the suit of B? — "Not a Debtor." . -■• ' , L 4 . A.: Your best plan is to await the threatened publication and then take action for damages for libel. You would get little satisfaction, by insti-. tutihg criminal proceedings.

Q.: Person desires to eivct boundary fence between himself and adjoining owner, and serves notice , on the latter of kind of, fence proposed to be orected, but receives no. repiv to same. What should be his next step?— "Fence."

A.: If you are satisfied your notice complied with the terms of the Fencing Act 1908 s your next step worn 1 be to proceed to erect the fence and- .the. adjoining owner will have to 'contribute half the cost of same." ; ' . , .

Q;: A\ owns farm, subject, to first, mortgage, and sells same to 8,. subject to first mortgage, and takes second mortgage for balance owincp. ShdJld B fail to payjA the interest oii the cecbnd mortgage, what steps should A take? — "Curious."

' A.: A's rights, of course, depend entirely on his mortgage. Without rerusing the mortgage it is impossible 'to say exactly what steps he can lake, but the plan usually followed m >uch cases is to sell B up under the second mortgage, leaving the firdt", mortgage still- oh the property. .* - •' „ - ' . Q.: Person plants trees within an ivdh of fence . dividing ' his property from his neighbor's. Branches now overlapping neighbor's property,- and causing damage to latter's vegetable crop.- What steps can nei ; ,'hoor take? — "Square Dink." . A.: If steps had been taken immediately the trees had . been ptarfte-'i' no' doubt the neighbor could have compelled removal of same under the prov.'sions m that behalf contained m the

Fencing Act, but as he has now allowed the trees to remain for so long his only right will be to cut back the overhanging branches levol syith the boundary fence. General: Q.: Person employed by dairy company to deliver butter is short m hi.s amount returned, and comnany de»duct value of same from l)is wages. Can company, do this? — "Little Jim."

A.: Not unless they can prove you stole the butter or otherwise converted same to your use, or unless you agreed to make- up shortages.

<$.:- Person invents certain laborsavin^ device, but on applying for patent .finds that similar device is already patented, "though former's idea is. an improvement on patented device. Would it be worth while taking but patent for the improvement on the device already patented? — "G D."

Ak It is impossible to cay defnitely what the .prospects are Cor obtaining a patent for the ._ improvement /Without studying the details of the two devices. It may be stated generally,- however, that if some new process or idea is included m the improvement no difficulty should.be experienced m obtaining natent for same.

Q;: Which is the .best .dressing for an oilskin coat to preserve it and make it Water-tight?— " For the , Boys."

A.:, Make a mixture .of 1 quart raw linseed oil, 1 pint turps, and %lb. resin. Boil the oil, mix the- resin with the linseed, and when the resin is dissolved add the turps. Keep away from the f.re : when adding the .turps. Q;: Are raffles illegal?— "W.tt.W." AY:' Without' the permission of the Minister for Internal Affairs, they areFinance, Companies, Shares, Etc.!

Q. Person withdraws money from Building- Society, the latfer making small reductions for working expanses for current year arid withdraws -• fee. Can the society "make these rfiduetions?—"A.F;R."

A.: Impossible to say without seeing rules of society.

Q.: Partnership dissolved-, remaining partner agreeing % with retiring partner to take over certain articles at valuation, to be paid for one year hence. Can retiring: partner now sue other for non-payment ?-r-"Curious."

A.: Unless.. j r our contract is m writing it is very doubtful whether you could enforce ii, as it is , not ,to be performed within one year; otherwise you could succeed m a claim and proceed by distress, to realisp the amount of your judgment. * ■. -

."'. Q. : : Father buys farm m son's name, putting' £3000 into it arxd taking a mortgage for that amount from his son. Father has farmed land ever since,. and has received all profits from same. What is (father's legal position, and will he be looked' upon m 'time as 'having been paid out of . farm.?—"F.C.P." ■•-.., -:■ '..,■..;'

A.: It is impossible to. say what the exact position is without knqwing more of the circumstances surrounding the purchase and the father's going, into possession. If he entered as mortgagee m order to realise his security he will, of course, have to 'account strictly for the 'profits derived from the land, and when he "has received the amount he put 1 m with interest and expenses the farm would belong to the son;

,Q.: Person sells section, terms cash. Deposit paid. Balance not yef'.paid, although requisite papers signed by vendor. Is there any time limit for pay-, ment of the balance?— "JJ." .

A.: If you have not named, a definite tiriie for completion, the purchaser is bound to complete within a reasonable

time. In case of undue. dekiy on his. part m completion serve him notice that contract must be completed (within definite time,, otherwise you (Will treat contract as rescinded.

Q.: To what date' is/ repayment of mortgage money deferred . under, the Mortgages and Deposits: Extension Act, 1922?— "J.D.'

'A.: By the above Act a mortgagor, so long as the -mortgagee pays interest and conforms to the terms -of the mortgage, is. precluded ifrom calling up the principal' due under the mortgage until th'e 31st December, 1924.^

Q.: (1) Does .failure to pay interest preclude a mortgagor from protection under the Mortgages Extension and Deposits .Act? (2) Is a person relieved from liability under a mortgage by surrendering the land, to the mortgagee? — "Worried.".

a:.- (1) Yes; (2) Not unless the mortgagee agrees that it shall have this effect. ■ '