INQUIRERS' CORNER

NZ Truth, Issue 931, 29 September 1923, Page 16

INQUIRERS' CORNER

(Conducted by M rNTORPEETHR.")

Answers will fee paWistood as e*rly as possibl* after receipt of Question*. Att totters to fed ad* dr^dT^mtwowtor." c/o. Truth/* Box B7#, GiPiO., ■Wellington. WhO» taking no ripcmtMllty fer any answer given to Umbo caiumas. iw endeavor -will too made to see that then are ofeaoiuteiy correct Answers to legal 4O*riea matt bo accepted merely as •> guide «s to whether or not It U worth while cqtae to the exp«n«e at plmrtng matters Inaulr«d about In tba hand* of * aotlottsr for farther action. Mo replies can b« mftd« by port.

Marriage and Divorce: Q.: (1) Must wife have visible proof of her husband's infidelity to procure a divorce? (2) Could evidence of a person of 16 years be taken? (3) > What would be the approximate cost? (4) Could she claim costs? — "Alpha-* (Auckland). A.: (1) Ocular proof of wife ia not necessary. (2) Evidence of person of 16 years certainly admissible. (3) Thirty guineas upwards, according to amount of. work involved, disbursements extra, (4) Yea; costs would be asked for against respondent, but no lawyers would do the work m ♦>»»<» •hope alone. v A cash deposit ia Invariably asked for. Q.: Illegitimate male desires to marry. Father's name, unknown. Can this item be dispensed with m furnishing particulars of marriage notice? — "Interested" (Christchurch). A.: You cannot supply what you do not know. Enter In the column "Not known." If your birth certificate does ■not disclose the information you cannot very , well Bupply it. Date of mother's marriage is not required to be registered. Why not give your stepfather's name? < Q.: (1) Wife left husband six months ago and refuses to return. Can husband apply for restitution of conjugal rights and for divorce? (2) Daughter under 14 has child to a young man about nine months ago. Can proceedings be taken against the father of the child?— "lnglewood." A.: (1) Husband can apply for restitution of conjugal rights. If decree not complied with a ground for divorce arises and a petition for divorce can then b<£ lodged. C 2) You can take proceedings against the father of your daughter's child any time within six years of Its birth. Apply for affiliation and maintenance orders. Housing, Rent, Rates: Q.: Can a widow, nearly 61 years old, claim pension, though not living with husband at time of death? — "A.8.C." (Mangapuhi). A.: Apply for the old age, not the widows' pension (unless you have a child under l4). The fact of not living with your husband at time of his death does not bar your claim. Q.: (1) How many days' holiday on full pay is a boot repairer's apprentice entitled to? (2) Can he claim for past holidays? (3) Can employer put apprentice off if there is Insufficient work? (4) Worker who Is taken ill on . Thursday morning does not return to work until the following Monday (Thursday afternoon is half-day off). Can employer deduct wages for ThursI day. afternoon? — "WJ 1 ." (Wiaimate). A.: (1) Depends on the award. Write to the. Inspector of Awards for your district. You are entitled to all the award' holidays without any de- [ ductions if provided therein. (2) Yes, |if the award prescribes that there shall be no deduction for the holidays I specified. (3) The usual award clause is that an employer shall not be deemed to discharge his duty to the apprentice if he fails to keep him at work owing to slackness of trade, but such slackness may form a proper ground for transferring *<*n to a master wining to undertake the responsibility of teaching him. (4) In the absence of an award provision no deduction can b« made for illness while the contract of service continues. No deduction Bhould have been made for Thursday at all. For information as to award, see the nearest Inspector of Factories or write to him. Wids and Property: Q.: (1) Where can beneficiary of estate obtain statement of amounts paid out on the distribution of m estate? (2) If wife leaves husband what steps can be taken to compel her to return? Wife has received from him only meals and bed for 81 years. What maintenance could she claim from husband? — "Black Boy" (Dunedin). A.: (1) You should apply to the person who took over the deceased solicitor's business or to the executor of the solicitor's estate. For a statement of assets and debts and final balance of estate apply to the Stamp Office m your district, giving: name of deceased and date of death. (2) Proceedings for restitution of conjugal rights would require to be taken. Apart from this the Courts do not order wives to return to their husbands. Unless the circumstances Justifying the wife leaving her husband were stronger than those indicated, she would not got an order for more than about 15s per week. Q.: Person dies leaving share of estate to son; will not yet proved; the son is married, with a family, and is an habitual drunkard, who has been to Hotoroa; he has borrowed money on his interest m the estate. (1) What extent of his Interest can he pledge, and can he mortgage the whole share? (2) As ho is an habitual drunkard, can proceedings be taken to prevent him from dissipating his share ?-- "XJS.X." (Chrlstehurch). A.: (1) The whole of his interest can be pledged unless he is restrained. (2) A petition can be lodged by the wife under the Aged and Infirm Persons Act to restrain the husband from squandering his patrimony. The trustee manager so appointed would have power to regulate the payments to him and m respect of the wife and children, but the share cannot be alienated from him altogether. Q.: Husband, a mental patient, has a farm of 100 acres. Stock on farm is valued at £120, and included therein is some that wife has from time to time purchased and reared. Can she claim full ownership of stock? — "Anxious One" (Hector). A*: If you are anxious to decido the matter you should submit your case to the Public Trustee. If you can satisfy him that your title to the stock Is good, and acquired m your own right, then your claim to same would not be disputed. If, however, such claim Involved a disturbance of your husband's assets as they existed at the time of his commltal, then it would no doubt be disputed. Claims of this nature rest on their merits. As you will gain the benefit In the long run m either case you cannot be greatly" prejudiced whichever way the matter is decided. Finance, Companies, Etc.! o S;;.. 0 "! £. com P &n y iwue shares cf a value of 20s. and. without consulting the shareholders, declare them to be worth only 15s?— "Inquirer" (Hamilton}. A.: This appears to indicate an unZ?l £ c lUeKal w "n°ut the sanction ! of the Court General: Q.: (1) Can person under ape change nnme, or must same wait till of ago? (2) Can person under ago marry, or must same wait till 21?— " Desirable" (Mosterton). A.: (1) You can change your name at any time., provided you give notice to any person who may havo any claims outstanding against you. (2) If you have no parents or guardians you cannot marry without the consent of the Court. Q.: (1) Wife haa guardianship of child. Can husband take child for walk if he has access to samo? (2) Cnn wife change child's surname without husband's consent? (S) Must wife

notify husband if child not expected to live? (4) Maintenance order made against husband without his knowledge. Was not husband entitled to notice when order made?— " Not Satisfied." A.: (1) To have access to a child does not give the right to a party to remove a child from tho immediate control of the person who has custody of it. (2) Wife, can change name of child If she wishes while she has custody of it. (S) No; but a humane wife would 'advise a husband who was honestly attached to his child. (4) Husband should have been served. Apply for cancellation or variation of order. Q.: Can a publican refuse a person a drink if he is perfectly sober? — "Batt Runner" XClevedon). A.: A bona fide sober traveller must .be supplied with refreshment, but apart from this a publican is not compelled to sell drinks to all who may ask. Q.: Can Immigrant, nominated by person m New Zealand as a general laborer, be compelled to Btay m New Zealand if health not good and unable to find -suitable work? . Relatives at Home prepared to assist m matter of return passage. — "S.G.G." (Rangiora) j A. : You agreed to come to New Zealand as an assisted immigrant under certain conditions, one of which was that you would stay m- the country five years. You cannot expect the New Zealand Government ta assist you and your wife out here and then release you from your obligations. However, if you are genuinely ill your best plan is to submit your case to the Immigration Department, asking to be relieved from the agreement, and they will consider the application on its merits. Replies m Brief: "D.V (ABhhurst): Yes, issue sum-mons.-r-"A Digger" (Taranaki): Your lease is of no value until confirmed by the Native Land Court, so unless you agree to a minimum rental your tenancy will be merely monthly, terminable by one month's notice.— "J.H." (Frankton Junction) : No ground available as yet. If you are convinced that it is your duty to proceed to divorce your best course is to enter into a separation agreement and petition at the end of three years. — "Fairplay" (Auckland): No ground for divorce on facts. To gain access to the children you will need to apply to the Court for an order permitting same. Apply for a variation of the order on account of the fact that thja boy is now earning. — "Subscriber" (Christchurch): It is usual to charge travelling timo unless otherwise arranged. — "Old Time Subscriber" (Waiapu): Cannot publish your serious uncorroborated statements. Report the matter to the local police and, failing satisfaction, report to the Justice Department. — "Fairplay" (Wanganui) : Demand a settlement and if not effecteol issue a writ. You have six years from time wages accrued due m which to sue. — "3LA." (Bluff) : Facts as to titles to property not sufficient If acquired m his own right will quite good as to same If acquired by virtue of his native descent as a member of a tribe the case would come under the jurisdiction of the Native Land Court,— "F.S." (Milton): If the lease is In the boy's name his signature will be necessary to transfer it If he is still a minor, certain conctents may be required. — "8.H.C." (Walrarapa): Sue him for the return of the mare or its value; and also for the value of the foal. — "Turtle" (Dunedin): If you can prove slander bring an action against any persons who have spread tho slanderous reports. — "Motherless": Unless you can prove a contract to pay wages you are probably not entitled to any. If turned out and you are unable to support yourself ydu will have to seek cheri table aid. — "Robin" (Dunedin): Government does not advance money on such tenures. — "Debtor" (St Hilda): Apply to the local State Advances Office or to the nearest Post Office for form of application for a loan. — "H.E.S." twernnetDMj Give notice to quit and sue for possession if rent not paid on tho ground of non-payment — "Troubled": Lodge proof of debt m bankruptcy for week's wages m lieu of notice. — "P.P." (New Brighton): (1) Write a letter to the lady m question demanding return of references or that she obtain new ones from same parties; (2) State your case to the Pensions Department and ask for a review. If no satisfaction given consult your local Returned Soldiers' Association with a view to appealing- to the War Pensions Appeal Board. The Pensions Department has power to alter pensions if the circumstances of pensioner change. — "Inquirer": Go to Sydney and search Divorce Register at Sydney Supreme Court or arrange with some one to do so.— "Thud": If the sum of £20 was actually owing by you to B then he can sue for it. If you dispute the amount contest tho claims — "Nance" (Petone): There's no sympathy m draughts. If "A" has cix men on the board and "B" has five, the former may give one for one and thus win the game by having the sole survivor on his side. That is the meaning of the term "manning." —"Pharmacy" (Auckland): There are three examinations, the first of which ia the Matriculation. The next is on two subjects, chemistry and botany, iand the last on pharmacy and materia medlca. It is necessary to serve as an assistant Aa to your third question we cannot take the responsibility of advising you on the choice of a career.—"A.F." (Melbourne): A person of that name was convicted m Auckland In 1007 and sentenced to six months' imprisonment for theft of a postal packet. — "H. 8." (Chatto Creek) : What do you mean, per day, month or year?— " Constant Reader" (Wanganui) : Ask any painter m your town. — "Distressed" (Te Kuiti): B\>r boys at Otekaike, Otago, and for girls at Richmond, Nelson. Make application to the Director of Education, Special Schools Branch, Wellington.— "J. Robson" (Palmerston North) : (1) C 3 miles 255 yards, P. Gulgnard, Munich, 1909; (2) No record. — "Constant Reader" ( ) Not drawn. — "S.R.H." (Masterton): February 12, 1000.— "Subscriber" (Plcton): (1) Coles Book Arcade; (2) Try Government Printing Works, Wellington; (3) Writo Mines Department, Wellington. — "J.G J*." (Christchurch) : Team only beaten threo times. — "J.A." (Auckland); Space too valuable to repeat such twaddle. — "Fair Play" : Usual practice is to cut and place bottom portion on top and deal.