INQUIRERS' CORNER

NZ Truth, Issue 994, 13 December 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.: *Is it legal m New Zealand to marry a deceased wife's sister and to] marry a deceased husband's brother?— "Tim" (Hamilton). I A.: Both marriages are legal. Q.: Must girl under 21 have the consent of both parents to her marriage? Her father is not living- at home. Mother consents.— '"Urgent" (Christchurch). A.: Under the circumstances the Regtistrar would probably accept -the. consent of the mother, but you should make an attempt to secure the father's consent. Housing and Rates: Q.: Tenant rents a house and 7% acres. Can owner take half an acre and build shop without notifying tenant?— "J.G." (Invercargill). i A.: If the whole of the land was rented to the tenant, then the ow:.er would have to terminate the tenancy as to the whole and relet the land less the part he reciuii'ed for building purposes. If there is no written agreement a month's notice is necessary. Wages and Pensions: ' Q,: Public Trustee refuses to pay wages of employee due by late employer. What is employee's best course? — "Barr Hill Tommie" (Rakaia). A.: Unless the Public Trustee gives good reasons for not paying wages sue at once. However the Public Trustee as a rule is pretty sure of his ground^ Before suing write to the Public Trustee stating the grounds of your claim and giving him reasonable time to investigate. Mortgages: . Q.: (1) When does Moratorium end? Can a mortgage be extended rv f or two years? (2) If mortgagor does not apply for extension, when can mortgagee exercise his powers and what notice is necessary before doing so? (3) If mortgagor gave a charge m favor of his sister-in-law over stock and implements, does this affect mortgagee's claim? Could mortgagee force sale of stock after making mortgagor bankrupt? (4) What would be the cost of applying to the Court for an extension and what is the latest date of applying?— " Southland Farmer" ' (In-, vercargill). 3 A.;. (1) March 31, 1925, ,If the Judge thinks fit the mortgage can. be extended for two years, but notice of the application for extension must be filed before January 31, 1925. (2) Mortgagee must serve mortgagor .with three months' notice before exercising powers. (3) The mortgage of the, stock has nothing to do with the mortgage of the land unless it is comprised m any collateral security. Stock can only be sold subject to the chargein other words, the mortgagee of the stock must be paid m full.- (4) About £2 for fees and £2 2s upwards for costs. January 31, 1925, is last day for filing notice. Wills: Q.: Can trustee of estate of person dying without a jwill offer properties of estate for sale and quote a. price for them and do other business without consulting the other persons interested m the ' estate? — -"Worried" (Dunedin). A.: They can,' sell m order to pay debts and duties.' Otherwise not without the consent of the Court. v They do not need to consult the other interested parties as those parties have their remedies if the administrators exceed their powers or commit any breach of trust. Property Rights: ' . Q.: A burns gorse on his property and fire spreads to Bs property, causing damage. Has B any claim against. A?— "lnterested'' (Wanganui). A.: Yes, B has a claim for damages. A person using fire is under a duty to see that it shall not escape beyond the bounds of his own premises. If it does he will be liable, even although he can show that there was no negligenceon his part. ; Q.: Can a manager of property for-, bid a ranger or any other person from trespassing, and summons anyone -'that refuses to obey the warning?— "Ali Akbar" (Fairlie). A.: A ranger has power under the Animals Protection Act to enter upon and pass through any land, except the garden, house or curtilage. You could summons any person other than the ranger. • Q.: Buyer agrees to purchase section and pays a small deposit, but after paying interest for 18 months finds he cannot go through with the purchase. Can he be compelled to go on with the deal? — "Hard Up" (Hawkes Bay). A.: Yes, by an action for specific performance, or the vendor can resell the section and if there is a loss sue the purchaser for the amount of the loss. Q.: Neighbor's trees are a nuisanc?, rotting new house and keeping sun out. Is there any remedy? — "Sleepy Hollow" (Lyttelton). A. : If the trees do not encroach on your property there is no remedy. The fact that the view is shut out and that you are deprived of sunlight gives no right of action. If, however, the branches encroach you can cut them back to the boundary and recover the cost or you can bring an action for damages. It was decided m the case Rose v. Equity Boot Company, Ltd., that no action lies for damage done by the roots.' ! Q- (1) Can land • agent withhold irom vendor the balance of deposit paid by .purchaser after, deduction of commission? (2) If sale is not completed whom does purchaser sue for return of the deposit? (3) Can venaor examine agents' books to ascertain whether deposit, paid or paid by postdated cheque?— "Constant Reader" a Dannevirke). invnHalV New Zealan <J land agents ™" abl y. describe themselves, Is m They nil aa ?'\ as a sents for the. vendor, of tL > °V n any sense stakeholders the seDosT ?lt Their dut y is to P^ deduct?^ lx "mediately to the vendor, less thp S vo^r their commission un^ commission 5° l " as stipulated that wheY the sa l* • ° nly .^yable if and else thPv mn f S m which dtrfosit f 2 T w« Pay over the who1 * m n< rL°r S t " 9 dUty : 5 anyone else i?iS h ?en >! °f nnot be compelled to £sSon^° r W ° Uld Legal:, ', '•; . ■• ■ . '■"..-'- ■ : . Q.: Can a merchant sell articles m packets, numbered, and contafnin" f °^o the value'of, sa .y, nnn,^ t0 th ? H U^ er of a or "S^ 1 ? >^ s . el l cted . at random ?- R.S.T." (Windsor). 1 xi. A 'i Tn . is • CQmeis under section 39 of the Gaming; Act, 1908,. and is a lottery. General: • ,"v- : ' ■ Q.: Bankrupt is indebted . to the Repatriation Department as secured creditor, v : The department requires monthly instalments to be paid. (I) Must these be paid if bankrupt' is to be able to keep the furniture? (2) Can any .of his- other, creditors claim any-

thing because that debt is being paid off? — "Hydro" (Shannon). A.: (1) Yes, otherwise the department can sell. (2) No, but payment should be made through- the Official Assignee. Q.: Elderly lady meets with mishap through a mis-step due to a telegraph pole lying m the gutter a few inches from the kerb m an unlighted street. Can. she bring claim for negligence against, the party who left the pole there? — "Fefsee" (Wellington). A.: Your remedy is to sue the Crown under the Crown Suits Act for damages for negligence. The Crown would probably .allege contributory negligence. If the pole was placed there by the City Council, then you would have to sue the council. As you will need' the services of a solicitor if you take the matter further, he will decide the other matter asked. Advi3e you- see a solicitor. Q.: (1) Is a ''civil servant allowed to receive money , from any other source than his salary. (2) Has a constable any .right to go through a private residence without a warrant. If not, what is the remedy? (3) Father has custody of child by Court order but does not claim custody. Has he ; any fur-, ther claim on it when he is not paying maintenance?— "S.B." (Feilding).A.: (1) From private sources certainly, but he is not allowed to engage iii any other trade or occupation without the consent of the Public Service Commissioner. (2) Not unless he has cause to suspect that a crime is being committed or a breach of the peace taking place. .Your remedy is an action for damage for trespass. (3) The father can enforce the Court order so long ' as it is m existence. Q.: (1) Can father of illegitimate child adopt, same? (2) Has child, it not adopted, any' claim on estates or property of father when latter is married but with no family? (3) Is adoption necessary before mother can marry?.. (4) Is husband of mother legally responsible for child? — "8X5.A." (Dannevirke). A.: (1) Yes. (2) No. (3) No. (4) Yes. Q-: Can permanent civil servant also run a business?— -"Overseer" (Wellington). . A.: Not without the consent of the Public Service. Commissioner. Q.: Can the wife of a teacher enter into business on her on account? "Inquirer" (Ruawai). A<: Yes; any wife can trade on her own account. Q.: Stock grazed for several months, but owner of same is dilatory m removing animals. Grazing charges now amount to £7 and stock not worth more than that.. Can the cattle be claimed, to pay the grazing charges? — "Bill" (Brooklyn). A.: There is no lien for grazing charges. Your course is to issue summons for the amount due and levy execution on the stock after you have obtained judgment. ■ ' Replies m Brief: '....-. "Inquirer" (New Plymouth): Only entitled to pension of £7. Has too much cash m bank. In view of circumstances, probably, no maintenance awarded.— "G.L..M." (Hamilton):. Pay no further instalments, cancel contract and return' lessons sent on ground that same of no value. — "J.J.0.K." (Taumarunui) : Cannot help you. Your remedy was to have appealed against the verdict.— "Curious" (Palmerston North) : (1) About £5 ss, plus stamp duty 12s 6d; (2) If made to defraud creditors, 6 years from date fraud discovered. If not m frauding creditors, depends upon relationship of donor and donee. — "C.L." (Hawarden): Thank you. — Several inquirers: .We cannot undertake to advise about the German mark. • The. only mark of whose value we are ; certain is Mark Nicholls. — "Wager" (Rotorua): Write to stationmaster at Mataroa.— "N.N." (Auckland): He is looking at a photograph of his son.— "Bird's Eye" (Waihi): No. — "G.H.8." (Hawera) •':■ Your only course is to sue the promoters, named for return of moneys paid and for damages for misrepresentation and fraud. — "AiM.J." (Dunedin): Interesting but libellous.— :"Fairplay (Hawarden): You cannot prevent her from entering the whare for some valid purpose, but if she removes your belongings you should warn 'her that you will take proceedings for recovery or for theft. — "M.R.0." (Richmond) : Call on any reputable solicitor and see if he has a client who will finance you., You do not state the value of the section, but you should be able to borrow 60 per cent, of the combined value of land and : buildings at 6^ per cent., the money, to be advanced .m progress payments as the buildings are erected. — "Ex-:Comp" (Kawakawa): (1) If the land is youra you can take what steps you like to protect your rights, ,. but if ~your cattle stray, they can beampounded. A road cannot be made through priyate property without consent or compensation. (2) The illegitimate grandchild has no /claim on the- estate if left out of the will, as the claim under the Family Protection Act is limited to "children" and does not include grandchildren,. — "Argument" • (Fairlie) : : The manager of the paper was fined for indecent publication, but there was no appeal! The case was heard m Wellington. — "Bobcat" Hukarere): There is no allowance.—"Had" -and "A.D.C. ': Answered m other columns. — "Spokeshave" (Wellington): You did not quote correctly. The lines are from Shakespeare's "Cymbeline," Act IV, Scene 2. Guiderius' sings:" Fear no more' the heat o' the sun, Nor the furious winter's rages; , Thpu thy worldly task hast done, ■ Home art gone, and ta'eri thy wages: Golden lads and girls, all must, As chimney-sweepers, come to dust. [Owing to the wide use that is. being 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."]