INQUIRERS' CORNER

NZ Truth, Issue 882, 21 October 1922, Page 16

INQUIRERS' CORNER

(Conducted by " INTERPRETER. ")

Answers will be published as early as possible after receipt of questions. . All, letters to be addressed, "Interpreter," co. "Truth,", Box 574, 0.P.0., Wellington. While, taking no responsibility for sury answer given In these columns, every endeavor will foe 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 Js worth while going to the expense of placing matters inquired about m the hands of a solicitor for further action. No replies can be made by post

Marriage and Divorce. Q.: Inquirer separ.ved from his wife d*er seven years ago and has neither seen nor heard anything of her since. Can he marry again -without obtaining a divorce? — "OB." A.: He : could many without incurring any risk of being arraigned for bigamy, but if his wife turned up later the second marriage would be a nullity. His best course is to obtain a divorce before remarrying. Q.: Mother of illegitimate child marries person other than father of child. Husband demands from father of child legal costs of adopting such child as his own. If father of child paid these costs could he then be sued for past maintenance of child? — "Anxious." A.: Although the fact of adoption aoes not do away with liability of father of child for maintenance of same, yet the practice of the Court is not to make an order for maintenance .where child is adopted into a good home and is kept there. As apparently no affiliation and maintenance order has been made m this case )there would be little or no iikelihood of the father of the' child being sued for past maintenance. Q.: Husband obtains divorce from wife, who, however, is uncertain whether same has been made absolute. Where can she ascertain if sa.rne has been made absolute, and if such is not the case, would she incur any expense

m having same made absolute? — "8.F.P." A.: The Registrar- General of Marriages will have received advice and would advise you* If same has been made absolute. .Failing him, if you inquire at the office of the Court where decree was made you could ascertain what the position is regarding same. If you apply to have same made absolute you would have to pay your solicitor his costs of so doing. Q.: Husband during fifteen years of married life has failed to provide his wife with maintenance. Wife for past twelve months has been living apart from him earning her own livelihood. Has wife 'ground for divorce, and, if not, what is best course for her to take?— -"X.Y.Z." _ A.: Wife ,has no grouunds for divorce up to the present. If husband still fails to maintain her the best course is for. her to obtain a separation and maintenance order against him; then, after' three years, she should have no difficulty m obtaining a divorce. ■ Housing, Rent, Rates, Etc.: Q.: Person paying 8s 6d rent for cottage m August, 1914. Landlord has raised rent at different times since that, date and is now asking 13s 6d a week rent. Is tenant bound to pay fht; increased amount? — "Auckland." ■A.: On the figures quoted the standard rent of the cottage is 8s 6d per

week, and no moru than this can be charged unless landlord applies through | the Court to have same increased or has done improvements to house to such an extent as to justify the increase. Q.: On what basis is the standard rent of dwellinghouses calculated, on the 1914 valuation or on the 1919, and is the valuation on which*- same is calculated the Government valuation? — "Tenant." A.: Standard rent is calculated on the capital value of the dwellinghouse as on August 4, 1914. The capital value, however, is not necessarily the Government capital A'aluation, but is the capital value as fixed by the Court or by agreement of the parties. Q.: Landlord demands increase of rent. Must he apply to the Court to have the standard rent fixed? — "W.J." A.: If house was not first let since November 9, 1920, and is consequently subject to the Rent Restriction Acts the landlord must rfpply to the Court to have the standard rent fixed if he wishes to Increase the rent, unless the tenant agrees on a capital value sufficiently high to justify the proposed increase. In the case of repairs done to premises, however, the landlord is entitled upon giving 28' days' notice to the tenant to increase the rent by such an amount as will show him a retucn of 8 per cent, on the value of such repairs. Q.: Inquirer renting furnished house wishes to know where he can procure unfurnished house and what would happen if his rent got into arrears? — "Square Deal." • A.: Only course is for. him to inquire from .all likely sources to ascertain if any unfurnished houses can be obtained. If his rcjit, is m .jarrear no doubt his landlord would soon take the necessary steps to have V him evicted.' "» Wages, Pensions, Etc.: Q.: Husband owns accumulated property valued about £700 and wife property valued at about £50. Is wife entitled to a pension? — "H.D." A.: Wife would only be entitled to a very small pension, as deductions .would 'have to be made on (account of 'amount of propeity owned , by husband. Where applicant for a pension is named hey 'net accumulated property is deemed to be half the net accumiil.'itert property of both . herself and husband taken together. . / Q.: Lady 74/^ears of age has £123 odd m money and receives soldier's' -.allowance of .£2 Ss 4d per month. Is she entitled -to the old age pension at the full rate? — "Anxious.'" A.: She would 'ug entitled to a' pension, but not at the full rate of £39 ')er year. . Q.: Is it lawful- for a person to , make h:s property over to 'the members of !-Js family m order to qualify for the o'd age pension? — "Constant ' scriber."A.: Such action is not lawful and may render •'applicant liable to certain penalties under the Pensions Act, as ■ell as the forfeiture of any pension of which he may be m receipt. Legal:* Q.: Person of small earnings gets j ito debt, but, owing to other commitments, is unable to pay, and creditor sues him. What is his best course, Jvnd would creditor bo bolmd to accept .-.n offer for payment by instalments? — "Worker.'' A.: If you admit owing the money '■and wish' to' avoid -the publicity of •Court proceedings your best course is to confess judgment. If you have no iproperty or means you have nothing 'to fear from a judgment Summons or distress warrant, though m the case of the former being served on you your best course is to attend the Court find explain your position. Thecreditoi J .s not bound to accept, an offer for payment by instalments. Q.: What is cost of registering a mortgage for £300; also cost of drawing a will? — '"Constant Reader."- i A.: 10s under Land Transfer system and 10s with a few shillings extra for plans and^folios m the document un- < sr Deeds System. Cost of drawing r. will depends m the main on ,the complexity and size of same. / Q.: (1) Is person Vho has filed m bankruptcy still liable on a prior order Made m a judgment summons? (-2) Have creditors 'm bankruptcy any right to remove house? erected by debtor on/ Government leasehold? — "Backblock." A.: (1) You efmnot be imprisoned under order, but creditor can prove 'm bankruptcy; (2) Impossible to say what creditors' rights are without knowing detailed circumstances, but, generally speaking-, they have, through the., Official Assignee m Bankruptcy, the same rights of removal as bankrupt has. Q.: Mother makes will m favor of Lwo children/ but .will cannot be -ound. Estate composed of moneyJet out at interest. Does loss of will, prevent children obtaining estate. They are at present minors? — "Anxious." A.: If no will can be found the next- of- kin to the mother or one of them who is over 21 years should apply to the Court for letters of 'administration under which each of the children would be entitled to a share of the estate. Q.: Person owning house and section is burnt out. Does he still have to pay rates ,on the section, or is he free from, rates until he rebuilds? — "Mrs D." A.: Most rates are levied on the unimproved value and a person has to >>iy Fame whether he builds oh section or not. '<$.: Person while employed m prison camp suffers injury by accident. Has lie any claim against the Government ; for compensation for such injury? - "N.C." A.; He has no claim, as' the rela-tions-hip 6f employer and worker does not exist! between himself and the Government. .■ Q.: (1) Person sues for instalment and arrears of interest on a mortgage and gets judgment for amount due and costs. Have th,o defendants to pay the costs charged plaintiff by his solicitor? (2) Interest provided for m mortgage 7 per cent, reducible to 5 per cent, on observance of all covenants and conditions of mortgage. Mortgagor fails to observe and perform all covenants and conditions, including that!, for payment of interest Can mortgagee charge interest at the higher^ rate? What is mortgagee's best course if interest m arrear? (3) Do untrue statements made m affidavits and used m "Court proceedings amount' to perjury?— "Anti-Christian." A.: (1) He can only recover from the defendant such costs as the latter has been ordered to pay by the Court; (2) So long as the mortgagor cannot establish that you have by agreement express or implied waived your right to charge .interest at 7 ;>er cent, you are entitled to interest ■:.t such rate. If interest continues hi arrear your best course is to sell up the property under the. power of .sale contained m mortgage. Impossible to say beforehand what such action would cost; (3) Such untrue ■.tatements certainty constitute perjury .and person making same could be prosecuted criminally for so doing. Q.: Wife contracts debt while husband at the war and he pays certain amount on account ■, on his return to jV.Z. Could husband be compelled to pay balance due? — "Returned Soldier." A.: Depends on the whole of the circumstances as. to whether husband was liable for his wifo'-s debit m, the first ..'instance,' but he will. ,no doubt; be held now to have ratified her action and be responsible for payment of the whole amount due. Q.: Person purchases property, and, being^desirous of erecting a boundary fence,, wrote adjoining owner re contribution to cost of same. Neighbour objects to erection of fence on ground that it included a piece of land that he has been m occupation of for 60 years' and to which he has thereby

acquired a title by adverse occupation, although land is confined m the title of the first person s lanfT. Can the adjoining occupier establish his claim to this piece of land? — "E.Z.8." A.: The question is one of fact as to whether the adjoining owner has been m adverse occupation of such a nature as will give him a title by prescription, and it is impossible to give a definite opinion on the point without knowing every circumstance surrounding his occupation and the title to the land. The first person should get advice on the matter to make/"sure of his position, and if he has a title to the land m question proceed to erect the fence and claim half the cost from the adjoining owner. Q.: Branches of neighbor's trees projecting * into pereon'Sv property. Does latter person have" to bear the expense of topping off projecting branches, or can he compel his neighs, bor to pay .same? — ' J.W." A.: He could recover the cost of topping the branches from his neighbor, but "it is advisable to give the neighbor prior notice to top the branches or that he will be charged the expense of so doing. Q.: Husband 'transfers property subject to mortgages to wife. Wife by her uncontrollable temper makes husband's life a misery and finally orders him off the.. -place. .Can husband now be called upon to pay interest on mortgages and maintain his wife and four children ages 19, 16, 12 and 5? —"Unlucky Hubby." A.: Difficult to ' say what husband's position is asregaids the mortgages, but the actual transfer of the property, if he iiad personally covenanted to pay principal ..and interest under the mortgages, does not free him from liability to pay same. If the payments are not made, however, it is most likely that the mortgagees would sell up the property to 'pay .the mortgages before calling' upon the husband to pay anything which/ of course, he would be liable to do if there were any deficiency upon a sale. The Court, has a discretion to make maintenance orders m favor of a wife and children and is guided by tne whole of the circumstances. If the facts are as set out and the farm i 3 capable ■of providing adequately for the maintenance of the wife and children it is unlikely that the Court would make' an order: In any oaso,~ he would not have to maintain the children over 16 years of age. Q.: Mortgagee /is forced to sell up :-ecurity. Mortga^ur has other property. In event of security not realising sufficient to pay mortgagee could mortgrsig-or . transfer property to wife or mortgage .same so as to prevent the mortgagee proceeding against same m order to satisfy amount due to him. How long prior to selling up would such n. mortgage or transfer have to be effected? — "Pipiriki." A.: There is nothing to prevent the mortgagor transferring or mortgaging his property, but if there is a deficiency on the selling up the mortgagee can s,ue the mortgagor for same and if he has so transferred or mortgaged^ his other properties he car> be made,bankrupt when the mortgagee could have ;sueh transfers or 'mortgages set aside if the e.-.me were made within one year of the adjudication m bankruptcy or within three years of the bankruptcy unless the persons claiming under the transfers or.- mortgages can prove that, at the time the same were macle fbe person making same had sufficient money to pay his debts without the aid of the property comprised m the transfer or mortgage, and that the interest of the transferor or mortgagor passed to the tranbieree or mortgagee at the date of execution of the respective transfers or. mortgages; These provisions, however, do not apply m case of a transfer made m consideration of marriage or io a purchaser or incumbrancer m good faith and for valuable consideration, or of property to a wife or children by transferor after mturiagein right of his wife. A person so transferring property m order to 'defeat his creditors is, m addition, liable under the Bankruptcy Act to two yeare' imprisonment. Q.: Carpenter em^ioyod to- erect dwelling for soldier obtains from Soldier order on the Returned Soldiers' Department for payment to him of amount due for wages. He forwards this order to department, but is only paid half of , the amount due to him, there not bein,g sufficient funds to pay the balance. \Carpenter subsequently learns that, accounts for materials sunplied^have been, paid, m full. Has he not a lien for wages on the moneys held by the department which should take preference of the claims for the material supplied?: — " truthful." A.:"* Had carpenter taken the necessary steps to establish a lien under the Wages Protection and Contractors Act, 190S, which, however, appears doubtful, his, clainv would have taken precedence of the cltims for materials supplied. It appears, however, that -all the carpenter hau was an order on the R. Soldiers Department' for payment of the amount due, which does not establish a lien under the above Act m his favor. Q.: Neighbor burns out ' boundary fence of live gorse.. Who has to bear the cost of replacing same as between such neighbor and the adjoining occupier? — "Anxious.*' A.: If the fire arose through 'the neglect or fault "of the neighbor he is liable for the whole cost of repairing same. Replies m Brief: "Sandy": - Toiir verses are all. right, but far too long. Our columns are not elastic. — "Skinful (Blenheim) : | i There is a special establishment for -the treatment you refer to m Manners I Street, Wellington.— "A" : The rules of j poker provide that che game shall bo | played with a full pack. * There is no special value attached to any suit. In the case you quote Bs ace-high flush wins. There is no provision for Jack Pots m the rules of poker, but they are now generally accepted as an integral part of the game. Nap also is played with a full pack, and if a ''kitty 1 ' is played it is not collected until some player has scored a "Nap." — "J.W." (Dargavllle) : Inquiry not explicit enough. What was the nature of the reference? — "Pussyfoot"; Verses too long for localisiug. Who is this/ Pussyfoot person, anyway; and where is he? Can find no reference to him m the daily papers. Perhaps funds are getting short. — "Query" • (A§hburton): You must secure nomination either^ by a candidate or \one or other of the parties on. the Prohibition question. — "L.A.S." (Petant): On the facts as ascertained by the Prisons Board, after exhaustive inquiry, there is nothing to warrant immediate consideration of prisoner's release. The case may be considered after the prisoner has, served five years of his sentence. — "Constant Reader": There is no penalty for keeping caged opossums. — r '"E. 8," (Foxton): No such donation was ever made — "J.Li.'': Advertised m this issue;— -"Truly A Good Sport": You should have made arrangements beforehand as to your expenses. — "Woman" (Stratford). Your very partisan letter has been pussyfooted into oblivion. — "H.C.T.": I\o room for long lay .dissertations on the Near East Crisis.