INQUIRERS' CORNER

NZ Truth, Issue 968, 18 October 1924, Page 16

INQUIRERS' CORNER

HI (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.: Mother of illegitimate child marries. (1) Can child be adopted and maintenance still claimed from its father? (2) Must application for adoption be put through a, solicitor? — "Light" (Otira). A-: (1) The Destitute Persons Act specially provides that the liability of the father to pay maintenance is not affected by an adoption. But there is nothing- to prevent your applying for a variation" of the order. (2) Yes. There are numerous papers to be prepared and sundry details to be attended to. Q.: If husband maintains his wife can she get a divorce m three years? —"Troubled Wife" (Wellington). , A.: Yes, if there has been an agreement to separate m existence for the period of three years. 1 Q.: Husband and wife separated. Wife has custody of child. She has now been m Australia for three months. How long- is she allowed to keep the child out of the country?— "P.P." (Ponsonby). A.: There is no time limit m such cases. r Q.: Husband and wife working on farm are living unhappily together, husband 111-treating wife, especially when m drink. (1) If husband leaves job to get a separation must wife leave also? (2) If husband gives up cohabitation during long periods of silence must wife resume? (3) If wife leav>a first can she take the things m tao home that are hers? (4) While workIng together can wife claim part wages? — "Very Troubled" (Otago). A.: ''{1) Not if his treatment would justify you m not accompanying him (2) It is your duty to cohabit with your husband and render him conjugal rights until his conduct justifies or the Court sanctions your withdrawal. 1 (3) Yes, if they belong to you. (4) 'No. This would have to be arranged with your employer. You could get him to allocate the joint wage. Maintenance: ■ Q.: Mother and the putative father of an illegitimate child are both under 21. Who is responsible for expenses and maintenance of the child?—^lnquirer" (Te Karaka). A.: The father of the child is primarily responsible. His infancy is no defence. Housing and Rates: Q.: Tenant has been paying- 22s Gd rent for the past four years. Has received notice that rent is to be raised to 30s per week. (1) Can landlord raise rent? (2) If landlord does not require house for his own use can tenant be forced to quit for not paying increased rent? (3) What Is the rate of interest on the value of the pro.perty allowed by law? — "Legal" CChrlstctiurch), A.: (1) There Is nothing; ,to prevent his raising: it, but you should refuse to pay the increased amount, (2) No: That Is, of course, provided that the rent claimed exceeds the standard rent. (3) Seven per cent, on the capital value In 1914. ' ' ; Q.: What Is the difference between joint tenants and tenants In. common? (1) If husband and wife are joint tenants, can husband will the house away from his wife? (2) If tenants m common can he do so? (3) Is it advantageous to hold property as tenants m common? (4) If husband or wife die intestate what happens to the property? — "Pro Patria" (Palmerstun North). A.: Joint tenancy Is common ownership without words defining the share each owner is to take. Tenancy m common is common ownership m which the common owners have shares defined but undivided. (1) No, he must dispose of, his interest daring his life; for the wife takes as survivor immediately on his death. (2) Yes. (3) If there are no children, joint tenancy is quite satisfactory, but on the whole tenancy m common is perhaps better. (4) In the case of joint tenancy the survivor takes, but m the case of the other form, then the share goes 1 to the deceased's representatives. Q.: Tenant receives letter from borough solicitor requiring rent to, be paid t0... him as agent for council, ' . as landlord owes £30 for rates. Should tenant pay rent as requested? — "Inquirer" (Ngaruawahia). A.; The Rating- Act provides that no rates shall be recoverable from any tenant of rateable property to a greater extent than the rent payable or to be payable by him for such property at the time of the demand, and any rates so paid by him may be deducted from his rent. So you should pay to the solicitor only the amount of rent due at the time of the demand. Q.: What length of notice must a tenant give landlord on leaving? Rent is paid weekly? — "Argument" (Wellington). A.: If there is nothing to the contrary, a month's notice is necessary. Wills: Q.: Wife and another appointed executors of will; property left to wife and children. The -widow remarries m 1905 and dies m 1915. Eldest daughter marries m 1918 and dies m 1922, leaving two children. The estate wis due for distribution this year when the youngest son of testator attained 21. Has the husband of the eldest daughter or her children any claim m the estate?— "Rangitikei" (Palmer ston North). . . »■ A.: This is a point that can be decided only by reference to the wyi. As any opinion would be Speculative, advise you to send copy of will for perusal when a definite opinion will ue given. Q.: Can a daughter over 21 have n claim on her mother's estate if she is left out of her mother's will ?— " Anxious" (Auckland). . • : A.: If she has been unjustifiably overlopked she could bring a claim under the Family Protection Act. Q.: Property bought m husband's name. If husband dies without a will can wife succeed to property without having to refer to lawyer or to husband's people?— " Stepdaughter" (Dunedin). A.: No. You would not be recognised as owner without obtaining letters of administration and registering transmission of the property into your name. ' Legal: Q.: Is it, illegal for an .industrial and provident society to issue unstamped receipts for amounts of £2 and over paid to them? — "Inquirer" (Dunedin). A.: A receipt for money paid to any incorporated building society or registered friendly society is exempt from the, usual duty. General: • Q.: What is the time limit for recovery of a debt? — "Inquirer" (Ashburton). A.: Six years.. If, however, there has ,been a payment or an acknowledgment m writing within that period, then the time runs from the date of such. In your case the time runs from 1921. Q.: Fiance picks a quarrel with fiancee, and m due course asks for return of ring, giving groundless reason. (1) Can he enforce return of

snme? (2) Can she sell or exchange it? (3) Can she sue for breach of promise?—"lo7A" (Hawera). A.: (1) No. (2) Yes. (3) Yes, if break not justified. Q.: Can probation officer open letter addressed to a boy from an industrial school who is licensed out? —"Licensa" (Petone). A.: The officers have all the powers of a guardian, and supervision of correspondence would come within his scope. Q.: (1) What age must a girl be before she can leave home? (2) Can her parents compel her to return if she is earning an honest living and is m a good home? (3) Can people she is living with oppose parents' action?—" Misery" (Auckland). A.: (1) If she can maintain herself she can leave at any age. (2) No. (3) No; they have no say m the matter. But they should not participate m any way against the parents. The giri should see a solicitor if the parents take any action. Replies m Brief: "Henry Dubb" (Otago): ' You are bound' by the rules or rather the, articles of the company. Write a letter "without prejudice" asking for a copy of the rules or articles and enclose 1/as payment therefore. On receipt of same read them and if necessary, send them along for a definite opinion.— "Kiwi" (Auckland): The charges are according to scale, but there is a mistake of 4/4 m the additions concerning the balance required to settle. — "Hard Luck" (Hawera): You have no ground for separation or divorce so Car. —"Reader and Supporter" (Opunake): Yes, if you are m a position to look after it and bring it up properly. —"Accounts" (Tokomaru): If you sue there is every likelihood that you will be prosecuted for not stamping the receipt, but m view of your explanation the fine would be only nominal. The fine and costs would hardly equal the amount of your account. —"s.B. G." (Napier): Brothers can be called on to contribute to the maintenance of other brothers or sisters if of sufficient ability to do so. The father is also liable and if he. is m the best financial position he would have to shoulder the whole liability.—"Unhappy" (Napier): A husband must maintain his wife according to his ■neans and station m life. If you are not being sufficiently maintained see a. solicitor with a view to taking out a complaint under the Destitute Persons Act. —"Fair Play" (Hastings): The husband if he leaves will be liable to support his wife and her two children, but the Magistrate m fixing the amount will take into account the gift of the furniture and all sums being received by the wife and children. — "Tenant" (Feildingj: Place the facts before the Inspector of Factories (Labor Department) m your town. Seven per cent, on the capital value m 1914 plus allowances for repairs and outgoings. — "Subscriber" (Christchurch) : It would altogether depend on the wording of the clause. The usual clause bars the vendor from carrying on or being m any way connected with a similar business. If so worded you would be barred.-—"Cale-mara" (Hawkes Bay): (1) It depends on the terms and conditions of the entries. All exhibits need not be and often are not the exhibitors own production. Only m classes where stipulations are made such as "own exhibit" or where there are limits to classes, can a disqualification be made; (2) Disqualification is the usual result. Occasionally a penalty is imposed, but action must be taken by the show authorities, though a competitor could complain to them and ask for an investigation. —'"Blind Road" (Arapuni): (1) Already answered; (2) The owner of the roadi i.e., the private owner or the Crown has the right to say for what purposes it can be used.—"Table" (Paraparaumu): You must pay according to the agreement. The law is not kindly disposed to people who do not act m good faith. You can be sued for each instalment immediately it becomes due.—"A.B.C." (Otaki): The list of rules sets out clearly the names of the judges and states that they are m no way connected with the journal (see clause 7). Clause 2 sets out a practical method of awarding prizes although it may appear at first sight somewhat complicated. The competition appears to be a perfectly fair one. —"A.J.J," (Wellington): The rules should be obtainable m some modern book of card games. Try the public library.—"L.J." (Auckland): Not sufficient space at present. —"Old Farmer" (Manaia): Not room.—-"Visitor" (Masterton): Would need corroborative evidence, —"j.N." (Christchurch): Poetry unsuitable—"H.P." (Petone): 6,336,000 acres. —"W.C." (Eketahuna): Yes, it was Chief Detective (now Sub Inspector)' Kemp.—"B.A.W." (Camerons): These are two distinct companies. Approximate market value of shares at present, roughly 15/- m either.— "J C.Q." (Wanganui): That is what the judge said. We can take no other meaning from the words than the obvious one.—"G.McL.." (Wanganui) : Cannot advise any particular calling. We are not disposed to accept the responsibility of directing the life callins of a youth we have never seen and know nothing of other than that he is a youth Try the Labor Department. —"Argument" (Auckland): He is looking at a photograph of his son — "A BC " (Dunedin): We cannot fix the lines' Try the Parliamentary Library. —"A EC" (Wairoa): Sorry, cannot now trace origin.—"O.C.J." (Ngamoko, Norsewood): We have made inquiries m independent quarters, the result of which leads us to believe that this cooperative dairy company is 1 acting fairly—"Constant Reader" (Paranaraumti): Our own experiences m this matter have gone no further than your own. Sorry cannot advise.— "Traveller" (South Brighton): Write tn agents of P. and O. or Orient comnanies.—"E.P.S." (Hamilton): Afraid we cannot take up the matter m the present condition of our libel laws. rowing to the wide use that is being made of this column by our many subscribers we are compelled to hold nver a number of answers from week to week. All questions will be answered as far as possible m. rotation of receipt. Frivolities and quesHnn<? not of general interest will not be answered.— Ed. "Truth."]