INQUIRERS' CORNER

NZ Truth, Issue 985, 11 October 1924, 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," 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 correct. Answers to legal queries must be accepted merely as a 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.: Husband deserted wife and three children five years ago. Wife does not desire a divorce. If husband were to petition for • one, what could she do? — "Anxious" , (Feilding). A.: See a solicitor and defend. The husband could be called on to put up security for wife's costs. Q.: Girl engaged to a man who gives her £50 to be her's absolutely if marriage takes place. Girl is jilted and man wants £50 returned. Nothing m writing. Has he any legal claim to it? — "Anxious" (Christchurch). A.: This depends mainly on whether the girl gave any cause for the 'jilting. If not then she .could claim the £50 (and more besides) as damages for breach of the agreement. If the fault were hers then she could not legally justify the retention of the amount. Q.: Wife having four children secures divorce from husband who does riot defend, but agrees to pay 1 £2 10s' per v.*eek. After decree is made absolute, the man remarries. Can wife compel man to continue to pay at the rate agreed? — "Tintacks" (Nelson). A.: The husband must continue to pay the rate agreed until the order is altered by the Court on the husband's application. Q.: Is person liable for reducing age when applying for marriage license? — "Anxious" (St. Martins). A.: For -wilfully making any false statement you are liable to two years' imprisonment or a fine of £50. Q.: Husband, an American citizen, clears out to America. Separation and maintenance order ,m favor of wife who is left in' New Zealand. (1) Must she wait three years before obtaining divorce? (2) Could she get help through U.S. Consul?— " Destitute" (Dargaville). A.: (1) As the wife is deserted m N.Z. she retains her N.Z. domicile whatever domicile the deserting husband may acquire. The fact that the husband is an American citizen is no bar to the action as the sole test of jurisdiction is domicile — allegiance has nothing to do with it. As N.Z. law applies the wife is bound by it and must wait the three years; (2) Not likely. Q.: Wife gets decree nisi against husband. He i-emarries. Is the marriage legal?— " Just Rights" (Wanganui). A.: Not if he married before the decree nisi was made absolute. Q.: Wife deserted husband In England m 191.3. Husband has been living m New Zealand since 1921. Is it possible for him to obtain a divorce here?If so, on what grounds? — "H.H." (Auckland), A.: Yes. Petition for divorce on ground of desertion. Period is three years. Maintenance: Q.: If the mother of an illegitimate child marries, can she or her husband be compelled to pay maintenance for it? — "Parent" (Timaru). A.: Yes; but this does not necessarily release the father of the child from liability toi maintain it. He must apply to the Court for a variation of the order. - . Q.: Boy of 17 earning small wage gets girl into trouble. 'Is his father responsible for expenses? What; would they amount to ?— "Worried" (Christchurch). A.: If the boy is not m a positio"h to pay then a claim can be brought against his father. Q.: Husband and wife enter into written agreement to separate, husband to provide wife with small stock enabling her to earn £2 to £3 per week. Will this be binding or could wife demand further maintenance at future date? — -"Maintenance" (New Plymouth). A.: Under the Destitute Persons Act the husband's liability to maintain his wife is absolute and no agreement 'shifts such liability, so that if the wife found herself without means she could j institute maintenance proceedings. Wages and Pensions: Q.: What amount can be earned by a widow with four children without having her pension reduced? — "Needy" (Hamilton), A.: £71 10s per annum. Insurance: Q.j House burnt down, furniture being insured for £100. (1) Can creditors claim insurance money? One account was owing for more than six years. (2) Can insurance company be sued for not giving money to owner of policy?— " Worried" (Clyde). A.: (1) The creditors could attach the money under judgment of the Court. If the debt was over six years old, then the creditor's right has gone unless there has been an acknowledgment by the debtor during that period. (2) If you are not satisfied that the company is acting properly or that the creditors' claims are sound, ask the company for an explanation, and if still not satisfied, see a solicitor and sue. ,'

Q.: (1) "Wife, without husband's knowledge or authority, took out life insurances policies on the lives of five infant children. Twenty-five shilling's for weekly contributions have already been paid. Can father claim a refund? (2) What is your advice? — "W.I-1.T." (Christchurch). A.: (1) The father has no say m the matter .as the policies belong to the children. Payments made were made on. behalf of the children for their benefit. The insurance company is not concerned about the mother's authority. (2) You must decide yourself whether to cease to contribute or to keep on paying. You do not make, any profit to speak of out of it, but by keeping up the payments you are saving- money and the company is carrying the risk of any of the children dying. , Wills: Q.: In winding up an estate are the legal charges borne by the beneficiaries m proportion to their shares?—^'Beneficiary" (Parkhill). A.: Legal costs are deducted as a whole before the distribution takes place, but the effect of this is that each beneficiary contributes to the costs m proportion to the share. You can easily work this .'out arithmetically for yourself. Property Rights: Q.: A wooden .retairiing wall between properties has decayed and soil from the property on level above is falling away. Excavation and retaining wall carried out by predecessor of present owner. Who is responsible for repairing retaining wall? — "Double-banked" (Brooklyn). A.: The New Zealand case of Byrne v. J.udd decided that neither the owner of the land nor his predecessor is liable to maintain such retaining wall so that it would appear that if you desire to protect your property from falling your best course is to effect the repairs yourself. Q.: (1) Can neighbor at his own cost extend the height of the dividing fence by say 2ft., to prevent prying? (2) If other owners knock it down, what is the remedy? (3) If neighbor's shed encroaches and also part of fence built on to shed what can be done?— "H.A.F." (Christchurch). A.: (1) Yes; (2) Bring action for damages; (3) Call on neighbor to remove same. If he refuses you would have to bring an action. Solicitor would then advise you further. Replies m Brief: "Ratepaj'er" (Featherston) : Advise you to take the opinion of a solicitor m your town who is conversant with the affairs of the district and with the local body by-laws. — "Honesty" (Oamaru): Cannot help you. You must consult a solicitor. If the clerk has pleaded guilty, appai-ently he is without remedy. He should have pleaded not guilty and given evidence as to the undue pressure put upon him. — "Inah" (Kaitangata) : Unless. B covenanted to provide tanks C must pay the rent. Jf B has bound himself to supply the tanks, C's course is to supply them himself and set off the cost against the rent. — "J.W." (Johnsonville):' You go on paying on the present valuation of your property, until such valuation is altered.. You can only be' rated on the value appearing m the rate poll.— "Footpath" (Kilbirnie) : An endeavor is being made m the interests of pedestrians generally — especially m the main streets— to enforce the "keep to the left" rule and to keep foot traffic moving. So far as we have seen the traffic officers are carrying out cheir arduous duties as tactfully as possible.— "R.G.C." (Napier):. Wellington is an hour and a half ahead of Sydney. — "Anxious" (Palmerston North) : Advise you communicate with Superintendent, Fire Brigade, Napier. — "Violin" (Whangarei) : There are many imitations to be deciphered only by experts. — "D.A.S." (Wellington): Not up to standard. — "Sceptic" (Wanganui): The police might be able Lo assist you m the matter. — "8.M." (Matai-oaj : Your version throws more light on other aspects of the case, but publication would not be privileged. — "Clutha" (Lawrence) : Sorry we cannot oblige you. — "Toiler" (Wangariui): This is a matter for the War Pensions Department.

[Owing to the wide use that is beins made of this column by our many subscribers we are compelled to hold over a number of answers from week to week. All questions will' be answered as far as possible m rotation of receipt. Frivolities and questions not of general interest will not be answered. — Ed. "Truth."]