INQUIRERS' CORNER

NZ Truth, Issue 979, 30 August 1924, Page 16

INQUIRERS' CORNER

1 . , (Conducted by 'TNTERPRETER.") Answers will be published as early as possible after receipt of Questions. All letters to be addressed, "Interpreter," 1 c/o "Truth," Manners Street, Wellington. While taking no > responsibility for any answer given m these columns, every endeavor will be made to see that they are absolutely por r • rect. Answers to legal queries must be accepted merely as & 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: Qi: Can wife sell a property which is m, her name, without her husband's consent?— " Curious" (Palmeratbn N.) A.: Yes, unless the husband can show that she is merely a trustee of it for him. Q.: Wife has separation order against husband' for cruelty and drunkenness. What is best and cheapest means of divorce? — "Anxious" (Invercargill). A.: Petition for divorce on ground of separation order made by a Magistrate! Cost would be 20 guineas or so, plus disbursements. Q.: Wife who has been separated from her husband for three years and is working, wishes to divorce him. Could she still claim maintenance for herself and child? ; Who is liable for cost: of divorce?— "L..C." (Newtown). A.: The husband must continue to support the child, and he is liable to pay the costs of the divorce. The wife's alimony ,is In the discretion of the Court; but as she is able to wdrfc and is putting an end to the marriage relationship of her own motion, and not because of any misconduct on the part of the husband, the probability is that alimony would not be ordered! Maintenance: , Q.: Single 'girl has illegitimate child to a married man four years ago. She has never sued for maintenance. Is it too late to do so now? — -"Anxious Wife" (Christchurch). A.: No. Action can be taken under the Destitute Persons Act until" the child is six years old. Housing and Rates: Q.: Hut 10 x 12 on a quarter-acre section, valued at £85, is rented for Bs. Is the landlord entitled to charge such a rental?— " Anxious". (Hyde.) ' A.: If the: hut is ; a dwellinghouse, and on the facts it can, be assumed to be one, then the rent is not justifiable. Advise' you to refer the matter to the Labor Department. Q.: Can county council demand rates on r a property," the rateable value .. of which exceeds the capital value? The property has recently been revalued by the Revaluation Board.—"lnterested 1 Reader" (Gisborne). ' '■■'■';■ A.: The, Revaluation Act is for the benefit of soldiers and those whose farms are mortgaged to the Commissioner of Crown Lands. It does riot grant relief m respect of rates. ' , ; Q.: Mail leaves bbardinghouse owing a week's board for himself, wife and two children. Landlord refuses to give up son's clothes and personal belongings'.of wife. Son is aged 15 and m hospital waiting for discharge.— "E.H." (Wellington). ' A.: A private boardinghouse keeper has no lien on the goods of boarders, and the detention is wrongful. Sue for the return of the goods or their value, plus damages for wrongful detention. Wages and Pensions: Q.: Draper's assistant (female) 'has her wages successively reduced from £2 to 25s per week. Is this allowable? — "Ardent Admirer" (Ormondville). . . A.: The award rate is 255, i.e., for a famale assistant between ages 19 and 21 who commences without previdus experience. She cannot claim more. (This answer assumes that the employer is a party to the award.) Q.: Person intends applying for the old age pension; He has always understood that, he had two Christian names, being called by the first and using the two m his signature: On receiving his birth certificate he finds that the first. Christian name is omitted. (1) Will this cause any trouble m obtaining the pension? (2) Will the first name have to be dropped? — "G.D." (Invercargill). A.: It is not necessary to drop , the first name. The difficulty can be got over by filing declaration as to identity with the Registrar. Property Rights: Q.: Water overflows from section to adjoining property, causing water to accumulate and depreciating value of property, etc. ■ What can be done ? — "A.H.S." (Christchurch). A.: Your remedy is under part IV. of the Land Drainage Act. For this purposo you had 'better instruct a solicitor. . . Q.: (1) Section bought over thirty years ago. Dividing fence erected by vendor. Recent survey does not correspond with former survey. Can damages for any discrepancy or readjustment of boundaries be claimed from original vendor, who is still living? (2) Why does not Land Transfer Office" see ' that speculating builders work to the plan deposited m the office?— " Constant Reader" (Wellington). A.: (1) Cannot give an opinion without perusing original contract of sale to ascertain what the vendor sold. If the fence encroaches on your land you can call on your neighbor to remove it. Ordinarily if the occupation has continued for thirty years it will be hard to change. (2) The Land Transfer Office is, as the name suggests, concerned only with land, not with buildings. Q.: Adjoining owner used church .section until same was required by church trustees. Understanding was that fences erected by owner could be removed. When trustees took over section, a gift of the fonces was made on condition that trustees erected a cattle proof fence between church section and adjoining property. Fence erected is not sufficient to keep out cattle. What should be done? — "Subscriber Fence" (Balclutha). A.: You would need to be able to prove that the church trustees acrepted the gift subject to your condition. If you can prove this, call on them to carry out the condition. If they refuse, erect cattle proof fence and sue them for the cost. If they did not accept the grift and the condition you have various courses: (a) remove the fences and the cattle, will probably wander elsewhere, (b) sue for damages for trespass by the cattle, (c) serve notice to fence, stipulating a cattle proof fence. Legal: Q.: A owes B and C small account. Can they sue for amount, knowing that A receives a very small wage?— "Hard Luck" (Hokitika) . A.: They can certainly sue if they like and take their chance of enforcing the judgment. In the circumstances an order would not be made on a Judgment summons, and wages not m excess of £2 per week cannot be attached. , Q.: A registered trades union association makes a building fund levy. What is the position of a member who, though paying his subscription regularly, objects to paying the levy? — "Alpha" (Invercargill). A.: Unless you can prove that the levy is illegal and m contravention of the Act or rules, you will have to pay. If tho rule as to levy not exceeding 2a at any one time Is absolute, then the lovy may bo contrary to the rules, but then again, tho levy of £1 mny bo compounded of ton levies of 2a each. You do not say if you have to pay tho £1 m a lump sum.

General: > Q.: If a number of farmers form a settlers' association, is it necessary for them to register? Few financial dealings intended. — "G.S.R." (Pelorus Sound). A.: Not necessary, but advisable. Otherwise personal and unlimited liability may attach. : Q.: Where can age of a person born m New Zealand be ascertained? — "Anxious" (Aratapu). A.: .Write to Registrar of Births m town where person born, giving month and year Of birth. The fee is is fid. If you cannot give month or year of birth, fee is 5s for a general search. . Q. : A first baronet dies without issue, but ; leaves surviving him : : a younger brother and' the issue (male) of a. deceased elder brother.. Who takes the title?— "Chelsea" (Wanganui). A.: If the grant of the title was m the usual form "to X and the heirs of his body," then having no. heirs, the title would lapse after the death of ! the first baronet. . Q.: Must private person, not growing fruit for "a living, register as an orchadist if he sells casually. the produce of his own few trees? — "Peach Blossom" (Auckland). A.: As long as you do not advertise the fruit for sal* and' merely sell m small quantities nn the premises, it is not necessary to register. . For any further information write to Horticulture Division, Agriculture Department, Wellington. : ' . i •v Q.; : Person owns four acres of land residence thereon within ■ ■'. Greater Christchurch. If he sold half or any part would he have to set aside part of the land or pay a sum of money?--"Anxious" (Christchurch). ■ A.: This is not the formation of.' a town within the meaning of the Land Laws Acts and so you cannot be called upon to set aside part for reserves. The Public Works Act gives power to Cause • provision to be made for roads if there is no existing frontage. The consent of the City Council would be necessary, and they may have power to impose conditions, but. not" of the wide nature you suggest. " r 7 Q.: A girl of eight while playing on the road ran into the front wheel of a motor car and was rendered unconr scious,' the driver being m no way t6 blame. He drove her to nearest doctor, „whb attended child m her own home several times afterwards. Who is liable for the doctor's .account? — "Anxious" (Christchurch), :. A.: As long as the motorist was not negligent, and provided he did not expressly agree to pay the medic ll charges, he would appear to be under no liability. The parents would appear to be liable, as although they did not engage the doctor m the first plara they ratified his attendance by permitting his visits.' .-.■■"

Replies m Brief:

"Smiler" (New River): Not suitable.' — "Interested" (Palmerston North) : His son's.— "C.M.C." (Gisborne): Verse riot suitable.— "Deserted" (Taranaki) : Petition for divorce on ground of adultery. As substituted 'service will be necessary the cost will be greater. But see a solicitor and explain your position and ask his lowest fee.— To several correspondents (on the 'subject of a. position advertised at £25 a week): We. have investigated the matter and are satisfied of the company's bona fides; — "Everest" , (Wellington) : Mr. Mallory and Mr. Irvine were last reported as "going strong" at a height ■of, 28,000 ft. Did the lure of the peak entice them to strive too long upon one final thrust, so that darkness caught them returning? In' that case, Everest may possibly have been conquered before it struck down its conquerors. The height of Everest is 29,002 ft.

[Owing to the wld* use that is being made of this column t>y our many subscribers >*'$ ro compelled to hold over a number of answers from week to week All quertlons will bo answered ad far as possible m rotation of receipt. Frivolities and questions not. of general interest will hot be answered.— Ed. "Truth."]