INQUIRERS' CORNER

NZ Truth, Issue 1001, 31 January 1925, 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. Inquirers must write m ink.

Mhrriage and Divorce: Q.: Can a girl, aged 20, who has no, mother and whose father has been missing for 7 years, marry before she becomes 21? If not, whose consent to the. marriage must she obtain? — "Tip Top" (Wellington). , A.: You must obtain the consent of your guardian, say, an uncle or whoever has been looking after you. If none or if refused you would have to apply to a Judge. Q.: An illegitimate child not registered m his father's name is brought up by his father's parents and has assumed their and his father's name. (1) Can he marry under his father's name thus assumed? (2) Does he need to show m his marriage papers that he is illegitimate? (3) What particulars ie he required to give? — "Curious" (Inver'cargill). ' A.: (1) Yes; (2) No; , (3) These are contained m the notice of marriage for which. -a form is provided. Write to the local Registrar of Marriages for one of the forms. - Q.: Wife for many years has refused' to come from England to husband m &ew Zealand. Can husband get a divorce and how long would it take and what would be the cost if undefended? — "Worried" (Hamilton).. A.: Husband can obtain divorce on ground of desertion. , Proceedings would extend over twelve months and cost would be not less than £ 50. , Q.; War widow m receipt of pension's for herself and child becomes enceinte to a single man. (1) Can her pension on this account be cancelled? (2) Does she lose her pension by remarrying? (3) Is pension of child affected?—" Sling" '(Hawera). A.: (1) Yes, if knowledge comes to the Department. There are many similar case's where the pension has been cancelled or at all events suspended; (2) Yes; (3) No; child's pension continues. Maintenance: Q.: Can a daughter over 21 m illhealth live away from home and compel her father, who is m a good position, to pay maintenance? If so, would it be enough to support her? — "Worried" (New Plymouth). A.: Yes, if she is unable to maintain herself, i.e., if she is destitute. The amount awarded would not exceed one guinea. ' Q.: What is the greatest amount that a wife may claim for maintenance? — "Anxious" (Nelson). A.: £3 per week is the maximum under the Destitute Persons Act. The practice m the Supreme Court is said to be to give the wife approximately a third of the husband's income. Q.: Wife left husband on account of his cruelty and drunken habits and Court would not make separationorder. She still has charge of child and is now m. impoverished circumstances. (1) Can wife sue husband for child's maintenance? (2) If husband not m position to support child, can she sue husband's mother? (3) If husband maintained child, and wife got divorce m three years could husband force wife to hand child over to htm? — "Anxious" (Oamaru). A.: (1) If wife was granted custody of child she can sue for maintenance. If husband is entitled to custody he can insist on child being returned to him before he contributes to its support. If you want to keep the child you had better not take proceedings unless order was made against husband; (2) Yes, if mother and father are unable to support it; (3) The Court makes orders for custody and custody is awarded to the parent who can best promote the child's welfare. Mortgages: ' ' Q.; Person paid off mortgage and requested the return of his insurance policies, which has not been . done. Can he cancel the existing policies and have new ones issued m his name? i — "Doubtful"' (Otago). , A.: Yes, but you *can call upon the mortgagee to hand * over the policies. Your simplest course would be to cancel the existing policies and take out new ones. It may be best to, wait for the expiry date before doing this. Q.: Person bought a house, paying £200 down and gave a first mortgage for £450 and a second mortgage for £150 which is now due. The interest arid rates are all paid up. After the expiration of the moratorium, can the second mortgagee foreclose under the mortgage? — "One of the Boys" (Feildicg). A.: The mortgagee- can call- up the mortgage after the moratorium expires this year. You cannot force him to' let it run on for ever. If you cannot get a loan elsewhere to repay it with,you risk being sold up. Property Rights: ■_, Q.: (1) Can 4 a pig or poultry trespassing but not doing damage be destroyed? (2) If a dog. is m a paddock where sheep are depastured but is not interfering with •, them,' can it be destroyed? (3) Must owner be notified before animals are destroyed? — "H.8.A." (Nelson). A.: (.1) Yes. Power to do so is conferred by the Impounding Act. You must notify owner at once to remove carcases and if they are not removed arc: to be buried;' (2) If it is a stray dog and not under control and likely to disturb the sheep it can be destroy-' cd. '<:'.< A dog, not offending m any way' nor likely to should not be destroyed as the Act hardly justifies ruthless slaughter; (3) No, Tjut if possible do so. Q.: Excavation of section causes adjoining- land to fall down and to damage fencing and by endangering house piles depreciates value of property. Excavator refuses to build retaining wall unless neighbor affected pays half cost of construction of wall. What is best course to adopt? — "X.Y. Z." (Wellington).. & ' • ; A.: As the excavating has^ caused a subsidence and' damage you have a right of action against the excavator for removal of the lateral support of your land. * Consequently if the adjoining owner is himself the excavator you should refuse to contribute to ' the cost of the retaining wall, but intimate that unless neighbor erects same you wilY bring an action for damages which of course— would amount to not less than' half the cost of the wall. If the adjoining owner is a successor m title of the excavator theft your best course is to erect the wall on the best terms you can make with the adjoining ownor and then sue. the excavator for the ccst as damages. . Cj;: Son m New Zealand buys house for :father m Old Country. Father pays purchase price, costs, etc. Son says he could not put the house m his father's name. ;(1) Is this correct? (2) Would a declaration of trust m the form of an agreement and stamp with I/- be legal or is it advisable and necessary to have house transferred to father's name? — "Jock" (Christchurch). . v - ■■'■■ . „ „ A.: (1), Cannot say without knowing facts. If the papers had to :be signed by the purchaser and • the father was absent, the son's action might have been, reasonable; :(2) A declaration by the son that he holds the. property, m trust would be legally sound but further stamp duty would be payable equal to half the duty on a conveyance on sale as declarations to carry

the smaller duty of 12/6 must be. made contemporaneously with the signing of r the transfer. ■ Wills: Q.: Father leaves all money and property to daughter who has been away from home nearly all her life; but to son and daughter who have helped him run the place he left nothing. Can the will be upset ?— "Dick" (Invercargill). A.: If the testator had no moral justification for disinheriting the son and daughter who looked after him, proceedings to have the will altered -could be taken, but the merits and circumstances m life of all the children are taken into account. Wages and Pensions: , Q.: Man engaged by the week as timekeeper from July 24 last. There was no written agreement, but he received a wire confirming the engagement. One week's notice was given, to expire on November 28, ' but after expiry of notice he compiled firm's paysheets, and on handing m the same, he was asked ifr-he had worked out cost of allocation of labor. He pointed, out that he had been asked to do only the paysheets. Firm then said that his wages would be held back until he did so. He was paid by the month. (1) Has he a good claim against firm and (2) win or lose, what would be an approximate cost of action? (3) Can he claim for wagos from end of November to date? (4) Could he claim for the three, weeks' wages prior to the avising of the dispute? — "Stanley" (Auckland). A.: (1) Yes; (2) Cannot say as the cost would depend on amount of legal time and labor involved; (3) You can claim only wages to time of actual termination of employment; (4) Your claim is limited to wages up to time of leaving the job. Insurance: Q.: While benching -timber sawmill hand had his hand- caught m the saw, his 1 hand being badly cut and the little finger being cut off at the second joint. What compensation is he entitied to? — "C.F.R." (Dannevirke). A.: You are entitled to compensation for the time you are off work at the rate of 58 per cent, of your average , weekly earnings at the time of the accident. For ,the permanent partial incapacity you are entitled to 8% per cent. of the amount that is paid 'for complete incapacity. You should get a solicitor to attend to "the matter. Q.: (1) Can an injured worker damand progress compensation payments? (2) Can he add a claim for damages for hardship whilst standing out of same owing to employer's refusal to pay? — "X.Y.Z." (Taihape). A.: (1) Your remedies are prescribed by the Workers' Compensation Act, 1022. If employer does not recognise your claim to compensation and pay you the amount 'laid down m the Act j'ou will have to take him to Court; (2) No. It is your own fault that 'you have not exerted pressure. The law has a maxim that it is for those who are awake; If you sleep on your rights' although you are not deprived of them, you cannot claim for losses which result during sleep. Replies m Brief: „ "Once Bitten" and "W.M." (Wellington); Answered m another column.— "M.R.H." (Richmond): Youi*' inquiry was answered- earlier. You were referred to any solicitor to arrange finance. — "Mother" (Wellington): Afraid there is no award covering the employment, but advise you to call and sco the Inspector: of Factories, Labor Department, Te Aro Post Office, Wellington. — "N.D." (Thames) : Engage a solicitor.— "A.P." (Waiau); Pay only what, the Court orders and nothing bej-ond that. If you were ordered to pay the guinea you have no alternative.—"Procrastination" (Waimate) : Know nothing about the concern. Advise you to see their 'showroom, then read the circular carefully, and decide for. yourself. Personally would , not enrol.— "War Widow" (Napier) : ,You have no alternative but to take or leave the terms of renewal. Unless you can arrange the finande elsewhere you risk being sold up. If the mortgages were executed prior to October 24, 1919, you can claim the protection of the moratorium. 7 per cent, is a reasonable, cate under the circumstances.—"E.M." (Patea): Issue petition for divorce on the ground of three years' separation , under the order. Costs wo,uld be. somewhere about £30 (not less).— "l.B.M." (Matamata): Write M. Mason, Box 505, Wellington. — "W.H." (New Plymouth): We have taken this matter up with the Department. [Owing tp 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."]