self to live m. Can she succeed? A.: (1) If the house is subject to the War Legislation Amendment Act the landlady cannot increase the rent without application to the Court; (2) Put rent, aside until she is prepared to accept same; (3) Only at reasonable times to view state of repair of premises; (4) If she can prove that she reasonably requires the premises as a dwellinghouse she could recover possession on this ground. Wages, Pensions, Etc.: * Q.: Can a mother with eight small children who lost her husband m the influenza epidemic claim ' the epidemic pension ?— -"Ellen." A.: There is really no ; such thing as an epidemic pension, but the Commissioner of Pensions has a discretion to make a grant m cases of distress arising out of the epidemic. The mother m question should apply to the Commissioner, giving all the facts of her case. In any event she should be entitled to the widow's pension under the/Pensions Act. Q.: Old age pensioner drawing full pension engages m work at £1 per week. What rate of pension is he now entitled to? — "A.8.C." A.: £26 per year so long as his earnings continue at the above rate. Q.: Widow with two young children unable to earn sufficient for their maintenance and support. Could she claim maintenance for the children from her late husband's mother, who is m good circumstances? — "Mother." A.: Widow would have a claim against the children's grandmother for assistance, m their maintenance and support. The Court, 'however, has a discretion to make an order and is .guided by the whole of the circumstances, so that it ...is Impossible .to ■ say definitely beforehand without knowing every circumstance whether the Court is lilcely to make an order i or not. Legal: : ' Q.: Person registers a trade maiic for certain class' of goods. Competitor se.lls same class . of goods under trade mark; differently spelt, otherwise m all respects same as registered trade mark. Has owner of trade mark any remedy?* ' A.: Owner of trade mark can apply to -Court for an injuriction to ; prevent the infringement of his rights by the other person; Q.: A" borrows horse from B and after informing B that horse has died sells same. Horse is resold many times until C comes into possession of it. Can B claim horse from C? — "Perplexed." A.: B has a. good title to the horse and can claim same from C. Q.: Has! a person .to apply for his discharge lin bankruptcy m the same Court m which the- order for adjudication was made? — ."Anxious." A.: Yes; unless the proceedings have; been moved to another Court, when he can apply at such Court. Q.: Adopted child of nineteen. is illtreated ,by step-mother. If she left home could her step-mother force her to return, and can the girl demand to see a certain legal document drawn up by the step-mother and m which she is interested? — "Anxious." A.: No' Court would interfere to compel child of nineteen years to return home if she was living a respectable life on her own. Cannot see how child could enforce her demand to see the document m question. Q.: Within what time should a claim be made under the Workers' Compensation Act, 1908? — "Inquirer." A.: Within six months from date of accident, though the Court has a discretion to extend the time if it sees fit so to do. Q.: Person takes watch to watchmaker for repairs, which latter agrees to do for 12s 6d, and is paid. Subsequently watchmaker returns watch, saying he cannot do the repairs. Can person demand his money back or is he bound to take goods from watchmaker to valiia of amount paid? — "R.M." «&.: The owner of the watch can claim the return of his money. Q.: What would be cost of releasing mortgage on house property?— " Reader." A.: Cost varies somewhat according to circumstances, but m all simple releases under the Land Transfer Act cost would be £1 11s Gd if mortgage does not exceed £1000, £2 2s not exceeding £2000, and up to £6 Gs m case of mortgage exceeding "£20,000, together with 10s stamping release and 5s registration. • • • Q.: Has an owner of property on to which a beast strays any authority to sell the be.ast? — "Te Kuiti." A.: No; he should impound the animal. Q.: Person agrees to purchase certain goods from canvasser and pays money on account. Firm declines to supply goods, alleging that canvasser did not hand the money m. Could person claim return of the money paid on account? — "Apples." ' A.: If he can prove that the canvasser was employed by the firm and that the money was paid he will have a good cause of action against the firm for the return of the money paid. -'' / Q.: Daughter of 16 leaves 'home. What steps can her parents take to compel her to return, and have they any right against any person keeping her away from them? — "Tressie." A.: Parents' most effective remedy is to go and get the child. Anyone detaining, the child is liable /to an action at the instance' of the parents. Q.: Person owns corner section one side fronting to a blind road which local authority contemplates closing, thereby lessening value of section. Has the local authority power to close road; and, if so, would owner of section be entitled to compensation, and how would same be assessed? — "N.H." A.: This question cannot be answerfid without making a search of the road m question and ascertaining the exact position regarding same. If the closing of the road would mean considerable loss to the owner of the section he should get advice on the majtter, . • • v Finance, Companies, Etc.! Q.: Person assigns her' business for the benefit of her creditors. She .is entitled to a legacy under father's will. Can the creditors seize the legacy ?— -"Tr'esso." • A.:- Under ordinary, . assignments creditors accept the assignment m satisfaction of theif debts* but should they hear of, the legacy they may pro- . cc.cd to bankruptcy and seize same, to make up any. deficiencj'. Accurate advice cannot be given on the point without knowing the whole of the cir- , cumstances. . ; .' ' , ' Q.: A borrows sum of money from B. B dies leaving said sum to Am his will, and appointing A trustee of his will. Estate is insufficient to pay debts. Can creditors force Ato pay debts out of the £100 legacy? — "Inquiry." .-A.: A must pay the debts properly chargeable against. Bs estate before he himself is entitled to ?>ny benefit. Q.: Person lends another sum of ononey and obtains an 1.0. U. for same. In the eveiit of the death of the borrower would the 1.0. U. be sufficient evidence to succeed m a claim for the amount against the estate?— "lgnorant.*' "-- A.: While not the best of evidence the holder should have no difficulty m proving his claim from the 1.0. U. so long as it is not more- than six years old, m which eyent the debt would be barred by the Statute of Limitations. . Q.: v (l) Can a life member oC a sports club hold office on ' committee, and is he eligible to Vote? '(2) .A. prisoner is sentenced to "reformative treatment." What constitutes "reformative treatment?" A.: (1) Depends on rules of club;. (2) Something better than imprisonment with hard labor. The chief feature of reformative .treatment is that the Prisons Board have a discretion to release the prisoner before the determination of his sentence.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/NZTR19221014.2.49.4
Bibliographic details
NZ Truth, Issue 881, 14 October 1922, Page 16
Word Count
1,251Page 16 Advertisements Column 4 NZ Truth, Issue 881, 14 October 1922, Page 16
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