INQUIRERS' CORNER

NZ Truth, Issue 973, 19 July 1924, Page 16

INQUIRERS' CORNER

(Conducted by 'INTERPRETER.")

Answers will he published as early as possible after receipt of questions. All letters to be addressed, "Interpreter," c/o "Truth," Manners Street, Wellington. While taking no responsibility for any answer given m these columns, every endeavour will be made to see that they are absolutely correct Answers to legal queries must be accepted merely as va guide as to whether or not it is 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: Single woman borrows money from a single man and. promises to pay him back at an early date. She is now married to husband m a good position and loan is not yet repaid. What steps can be taken to recover same?— " Constant Reader Very Worried (Gisborne). A.: You can sue her for the debt — money lent. She is liable and a J.S. can be taken out against her or a Distress Warrant issued. Her husband is only liable for her ante nuptial debts to the extent of any property he may have acquired with; her on marriage. Q.: Woman, with two illegitimate children marries (not the father of the children). She and husband now wish to legally adopt them. How is this done and what is the cost.— "O.W." (Devenport). A.: Take adoption proceedings m the Magistrate's Court under the Infants' Act. The services of a solicitor will be necessary. Q.: Does payment of maintenance/ for an illegitimate child cease when the mother ' thereof marries?— "Anxious" (Palmerston North). A.: No. The Supreme Court has expressly decided that the marriage of the mother does not of itself affect the father's liability. Q.: Wife contemplates leaving N.Z. and going to foreign country. Parties at present on good terms. If she leaves can husband take steps to bring her .back?— " Terms" (Christchurch). A.: You can only- take restitution proceedings m the Divorce Court. You can do nothing to prevent her going or if she goes to bring her. back. Q.: Wife m England with children, refuses to rejoin husband m N.Z., preferring to live with her mother at Home, v (1) Can husband- be legally compelled to pay maintenance to wife for herself or children? (2) Can a divorce be obtained on ground of desertion? (3) If divorce is obtained, can wife claim maintenance?— -*"L.P." • (New Plymouth). ', ,*A.:.; (1) The children must be supported by the father m any case, but ordinarily a wife who wrongfully refuses to live with her husband forfeits her right to maintenance; (2) Yes, if the desertion has continued for three years. If not you can sue for restitution of conjugal rights and if the decree is disobeyed you can then sue. for divorce; (3) No,. Unless there are any special circumstances^ Maintenance: -■.-.*' Q.: Affiliation proceedings are being taken agam'st father of a child. If the case is lost and the girl is unable to pay^Solicitors fees, what can she do? —"E.g." (Waituna). A.: You cannot pay them, that,js all. To try to enforce payment would only be sending good money, after bad* so the solicitor would let the matter rest at that until you were able to pay. Housing and Rates: \ Q.: (1) • Can owner, of house give tenant notice to 'quit because the house is wanted for employee of the owner? (2) And can owner raise rent by 2/6 per weejk m order to make tenant, leave?— "lnquirer" (Eltham). A.: (1) This is not one'- of the Statutory grounds. (2) Refuse to quit or to pay increased rent. Consult local Labor ' Department* . representative (Inspector of Factories). Insurance: Q.: Car totally destroyed by flre except engine radiator and three wheels. Insurance Company propose to rehabilitate' car. (1) What is the extent of the owners' interests (a) before the flre, (b) after the flre? (2) What is the maximum amount the Company is liable for m re-building. (3) Can the Company claim the right to rebuild with second-hand material? (4) Can the. Company force owner to accept a second-hand car, valued at less than the sum for which car was irisured?~"X.Y.Z." (Runanga). A:: (1) The fair market value of car or the remains thereof determined by a sale at public auction would be the. test of your interest before and after, the fire. (2) The Company must replace your car by giving you one that will be the equal of the one destroyed, subject to the limitation that under, the policy you cannot call for more than £100 to be spent on rebuilding. (3) No. (4) No. . Q.: Husband assigned Double Endowment Insurance policy to wife who has subsequently paid all premium's. If she,' by will, devises same to son and' husband is still alive, what is the position?—" Good Son" (Island Bay). .'. A.: It is a perfectly good disposition although it may be open to tho husband to institute proceedings under the Family Protection Act if he has been unjustly overlooked under the will and is m poor circumstances. Wills: ' ' ' Q.: (1) Mother and son conduct a business. Mother dies intestate and step-father and son claims all. (2) If the stepfather dies and leaves property to strangers, what is the position m each caso? — "Anxious" (Nightcaps). A.: (1) The partnership, if lt actually is one, coujes to an end on the death of a partner and the business is wound up, .the assets or proceeds of sale being distributed between the remaining partners and tho representatives of the deceased, one, m proportion to their contribution to the capital. (2) The son can only consider taking proceedings under tho Family Protection Act. Q.: Can step-father's second wife claim money left to step-children's father by their grandfather? Father, mother and step-father are dead.— "Desperate" (Wellington). , A.: The terms of the will must be carried out, otherwise the trustees or executors, are guilty of a breach of trust. T«ke a considered opinion if any argument. Q.: Is will revoked by subsequent marriage bf testator?— " Anxious" ; Ha stings). A.: Yes. .. Q.: Father dies leaving property to .-hlldren with a life estate to the widow. Two sons fere appointed trustees by the will. If property is being sold do the trustees or the mother sign the papers?— " Bill" (Petone). 1 It is the trustees who must sign if 'hey are selling under a power m the will The life estate Is a less interest than the freehold and the freehold is what is being sold. The trustees would be merely exercising their power to convert the property Into cash thc Income of which when invested would still be payable to the widow, [f, howevor, tho trustees have no express power of sale under the will tt will be necessary to apply to the Court for leave tn sell under the Settled Land Act and It Ih the widow who makes this application. Property Rights: Q.: Can owner of land adjoining section abandoned by a soldier compel Commissioner of Crown Lands to contribute to half cost of fencing unfenced portion and to keop fence In good repair? — "Interested" (Clpvctlon^. A.: It la not stated precisely how tho tltlo of tho abandoned farm Htands If it is still m tho namo of tho soldier

no doubt a notice can be served on him for what it is worth, but the Commissioner, would appear to be protected by. Section 5 of the Fencing Act, which says- that the Act shall not apply to unalienated Crown Lands, hor shall the Crown or any officer having the administration management or control of Crown Lands 'be liable under the Act to erect or repair any fence. Q.: Is there any law compelling a person who subdivides over four acres of land to set aside a portion free of cost to oe used as a park: or playground? — "The Dunes" (Christchurch). A.: The Lands Laws Amendment Acts 1913 and the case of Hardley versus The Mount -Roskill Road Board (1923) "■• settle the question that the authorities can withhold their consent to the plan unless up to 5 per cent, of the saleable area is set apart for reserves. This only applies to land outside a borough or town district. Legal: Q.: If machine purchased on hire purchase system and purchaser makes default m payment of instalments, can vendor demand^ return of chattel?— "Argument" (Invercargill).. 1 A.: If it is a proper hire purchase agreement, it is still owned by the seller (or bailor) and he can- therefore claim return of it if default is made. If demand is refused, the buyer (or bailee) can be sued for conversion and wrongful detention of property. The jurisdiction given to the Courts to relieve against forfeiture of leases and purchase agreements of land does not extend to chattels. General: > Q.: Are domestics' entitled to ■& Sunday off occasionally? — "Constant Reader (Blenheim). ,/ ■*.'...*■ A.: There is no Domestic Servants Award and so the question of Sundays off is a matter of agreement with the management. Q.: Can a land agent keep his commission if a contract of purchase is not completed by the purchaser?— "J.H.G.H." (Wanganui). A.: Gnce a completed contract has been signed the land agent is entitled to his commission, and the mere fact that parties do not carry out the terms does not prevent him from being entitled to it. ; 'Q.: Person loses fourth finger of . left hand through accident with 1 machinery. What compensation is he entitled to?* — "Sufferer" (Dunedin). A.: You are entitled to 6% per cent, of 58 per cent! of your average weekly earnings at . the time of the accident. = Q.: WTiat notice does a manager of a branch business have to receive or to give whem employment' is being terminated,? — "Domo" (Hawera). A.: Depends on the nature of ; the i "business and the terms of engagement. If the employment is from month to month, then a month's notice is. required. If by the week, quarter" Or year, then notice to correspond. This is, of course; m the absence of any express arrangement on the point. Q.: Can a girt, aged 18, leave her home without parents' consent, to work and keep herself by her own :e---jrources without interference by the law or by her parents?— " Anxious" (Christchurch). A.: 2es, if she is capable of supporting. herself and conducts herself properly, neither the law nor her parents m such cases are justified m interfering. Q.: A person found on licensed premises is summoned to appear at Police Court. He does not appear. The case is dismissed, as the papers were not signed by a J.P. Can a second summons be issued for the same charge? — "Dave" (Ha warden).' A.: The papers would be a, nullity. Therefore there would be no' charge with which the Court could deal, and if the time for laying information has not expired, fresh proceedings could be taken. Replies m Brief. "Wager" (Walroa): The flrst batch of children of both families are of course cousins to each other. The second batch of children are stepbrothers and sisters to the flrst batch. — "Taihape" (Taihape): Refuse to pay increased rent asked for you are not liable for damage caused by stress of weather. You are entitled to a month's notice, but from the particulars given the standard rent cannot be determined. — "Anxious" (Wellington: Please write again m ink. — "Gardener" (Hunterville) : The wages were payable free of deduction at the placo of payment I. c. usually where the work is performed or olse where the contract is entered into. The employer should have added exchange with cheque. You can recover the amount. — "Farmer" (Wellington): Write to the Superintendent State Advances and ho will send you the table with all particulars. — "Ned" (Ashburton) : Too technical for us to advise. Write to a publishing firm. Australia is the better field. — "Subscriber!' (Walmiha): A town must have population of 20,000 and be gazetted a city. — "Subscriber" (Masterton): Apply for exemption. You should be entitled to It. — "5.0.5." (Southland): Write more explicitly please. What department do you wish to enter?— " Constant Reader" (Rotorua): Your query was duly'answered, and published m issue of 14th June under Legal section. — "Constant" (Auckland): (1) Wo cannot see wji*. you should call Ramsay Mac Donald inconsistent because he refused to accept office as President of, tho British League of Nations Union after having accepted office as a Prime Minister who support the League of Nations. (2) Tho oflice of President of the League of Nations Union is honorary. — "Motorist" (Christchurch): We agree that the cheap car has come to stay If yours stays still when it should start, why not consult the local agents?— " Hydro" (Greymouth):- Illegibly unintelligible.— "Limit". (Dunedin) :It varies. There Js no general rule. The biggest nie.n adopt a £7/10/---and £3/15/- basis. Some smaller fry ko up to £15, but that is usually only for the flrst pound.— "W.T." (Opuatia): Use good admixture of brown sugar and a limited amount of saltpetre to the salt. Too much saltpetre makes tho bacon very hard.— "Truth Reader" (Ldendale): Write to Public Works' Department for. particulars.— "Malt" (Matakana): The time and trouble and the expense of a plant does not warrant attempting a home made product.