INQUIRERS' CORNER

NZ Truth, 7 February 1925, Page 16

INQUIRERS' CORNER

(Conducted by "INTERPRETER.") Answers will be published as early as possiblo 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.

Marriage and Divorce: Q.: In 1911 husband and wife separated by mutual agreement. Husband has received one letter from wife (about eight years ago) stating that she had no intention of returning to New Zealand. Her whereabouts are unknown. Could he obtain a divorce, and how would he get the petition drawn up? What approximately would be the cost of suit proceedings? — "Anxious" (Dunedin). A.: You can petition for divorce on th 6 , ground of three years' mutual separation. A solicitor would draw up the petition, As your wife is not m New Zeajand the papers might have to go abroad and thus the costs would be greater, but under the circumstances the Court would probably permit substitute service by advertisement. You must reckon on not less . thai £50, probably more. Housing and Rates: Q.: If wife leases a place for a term of years is her husband liable for ar r rears of rates when owner has taken the place over ?— "R.D.B." (Pahiatua). A.: Not unless he has expressly or impliedly agreed to hold himself responsible for payment of same. Wills: Q.: If a man left half his property to his wife and the other half to a friend, could his children upset the will after his death?— " Constant Reader" (Wellington)'. ■•'.■;■•"' A.: If the testator has overlooked his children for no sufficient reason they could take action under .the Family Protection Act to have provision made for ' them. The circumstances of the children .are taken into consideration and all the facts of the case. Q.: (1) Where can a copy of will of a deceased Canterbury runholder be seen? (2) What would a solicitor charge to peruse same? (3) Would the death of a beneficiary prevent his relatives from claiming any amount that may .be owing? — "Anxious" (Waimate). A.: (1) In the Supreme Court office nearest place of residence or where property is situated if testator lived abroad; (2) Depends on length of will and time engaged m perusal— from one. to five guineas; (3) They could claim for any moneys due and owing to the beneficiary up to the time of his dearth. Q.: (1) .Brother and single sister were joint owners of house and section. Brother died - and , left all his possessions to married sister. . The single sister still occupies house and has paid all outgoings on premises. Can single sister claim half of the outgoings 'from married sister, and, if so, how should she go about it? (2) Public Trusteee compelled single sister to increase insurance. Can this be reduced, and how? — "Rose Stitch" (Palmerston North). A.: (1) The married sister as new joint owner by succession . can be called upon to pay half the outgoings, but as only half the house and property belongs to single sister she has no right to occupy the whole free of charge, so that any claim for half the outgoings would bemet by a claim for rent of "the" married sister's half. (2) Ybu can refuse to pay more than half the amount of what you consider to be sufficient insurance rates. Notify the insurance company that you propose only to pay such and such an amount as your share. " > Q.: (1) If father who has been missing for nine years is declared dead by the Court, how is his property divided ? He leaves a brother and four sisters; (2) If solicitor's bill for divorce is. excessive what steps can be taken if a reduction is ref used ?—" Alex." (Christchurch). A.: (1) Property is divided equally between his surviving brother and sister if no nearer kin; (2) You can have it taxed .before the Registrar. Q.: 1 Is it necessary to appoint an executor when making a will?— "J.A. P." (Westport). ■',■••"" A.: Not necessary to the validity of the will but it would mean that some relative or next-of-kin would need to step m and apply for letters of administration with will annexed — an expensive, and inconvenient matter; Property. Rights: Q.: During winter water collects on A's property and its natural overflow 'is on to Bs land. There are no drainage rights on A's title. (1) Can A dig a drain and cause all water to flow on to Bs land? (2) Can A prevent B from building a wall (on Bs land) whereby the water on A's land is kept at its original, level? — "Anxious" (Wanganui). A.: (1) No. (2) B can build' the wall so long as he is not interrupting any well denned channel, ilf the water is merely storm water B is quite justified m preventing it flowing on "to his land. Q.: Apple tree is growing on A's property right on division line, and its branches overhang Bs property. Can A without asking Bs permission enter upon Bs land and pick' the. fruit off the branches overhanging that land? Tr whom does the fruit on (branches overhanging Bs land belong 1 ?— " A.8." (Dunedin). A.: A is a trespasser if he enters on Bs property without permission. The fruit on the overhanging .branches belongs to the owner of the tree. Q.: Landlord agrees to let piece of land jto tenant' if tenant agrees to clear it of blackberry and to fence it at his own expense. Ground is ploughed by landlord and tenant plants onions. Later a dispute arises over a bill of. £4 presented by the landlord for rent, etc. Agreement was that rent, grazing, etc., should be paid when everything was squared up. Tenant refuses to pay £4. Can landlord turn them out?— " Hounded" (North, Wairoa). ■■■'■-.-'. ' ..'" A.: The tenancy appears to bie ; a monthly one unless a longer term Hvas agreed upon. There cannot be a verbal lease for a tenancy' that lasts longer /than a year. The landlord can terminate the tenancy only by notice Which; in this case would need, to be one month's notice. If there was a gardening contract; then if the landlord broke the contract without good cause he would be liable for breach of contract. Legal: ■ ; ! Q.: A goes security for B for ,£IOO for some cows on. condition that corhpapy paid A 15 per cent, of cream cheque every month. Company turned' cows over to Bs father without consulting A,, who has not received any money for 8 months. How does A stand m the matter? — "Subscriber' (Gisborne). A.: lf the comnany v/as a party to the contract you can force it to. carry put its undertaking. From the particulars supplied it is impossible to gain an idea of the exact rights and' liabilities of the parties concerned. '•''.■., Q.: A man gave traveller an order for goods at 15s 6d per case. Later m the month the goods arrived but they were invoiced at 17s per case. Purchaser having received no advice from the vendors of an increase m price, pays for goods at 15s 6d per case as quoted to him. Vendors demand payment at 17s per case, saying that the increase was advertised through the

press, and they threaten to take Court proceedings to recover the difference between 15s 6d and 17s per case. What is the correct course to take? — "Constant Reader" (Rorigotea)". A.: Refuse to pay increased price and defend if proceedings taken.. You must be sure that the price first quoted was not "subject to alteration" and that the contract was unconditional as regards the price quoted. If the offer and acceptance at 15/6 was unconditional refuse to pay the extra price. Q.: Person is accused of writing letters and is not guilty of the offence. "What action can he take? — "Constant Reader" (Feildihg). A.: Sue for damages for slander. Insurance: Q.: Person fractures leg and after three operations, hospital treatment, etc., etc., limb is permanently shortened. (1) If negligence, can be. proved, can claim for damages be brought against Hospital Board ? (2) What amount could be claimed? (3) Would a good lawyer take case without payment m advance? (4) If not, what deposit on account costs would be required? (5) What is the'time limit for bringing the' claim?— "7G 9.81" (Te Awamutu). A.: (1) Yes, but you will probably find it a difficult matter to prove your case; (2) Actual loss sustained and £500 or £1000 for general damages; (3) Only if he was sure of obtaining the verdict" and securing damages; (4) £10 to £20; (5) Six years from the time the cause of action'arose. General: Q.: What would bs the procedure and cost of retaining one Christian name and dropping the rest?— "D" '(Masterlon). A.: No cost need be incurred. Just drop the surplus names you wish to discard. This is all that is legally necessary. By years of disuse the [others would sink into oblivion. But if you want to have the change legally recorded then it •will be necessary to file a formal deed m the office of, the Supreme Court nearest to where you are residing and to advertise the change, say, once m a local paper. The cost would-be about £5. Q.: A person is desirous of dropping one of his Christian names. How does he go about it? — "Inquiry" (Wellington). A.: He can merely cease to use it, but- the usual legal course is to 'file a formal deed setting out the change of name.- This document is filed m the office of the Supreme Court nearest to where he resides. It is usual also to formally advertise the change m a local newspaper. i Replies m Brief: "5.A.8." (Wellington): We do not. Extremely doubtful whether the guarantee would be worth anything. — "Stalls" (Palmerston North) : No.—. "Ignorance" (Auckland) : You are wrong. We , are aware what the Red Flag stands for — quite as well as any railway employee is.— "Father" (Gisborne): Sorry we can't advise you about the lad's career. An early interest m politics does not necessarily make him a potential statesman. However, it is a profession that is by no means overcrowded. — "Xmas" (Stratford): Thank you. Many happy returns of the word fully spelled out.— "M.R." (Greymouth): Can you give us the date to facilitate inquiry? — "Admirer" (Nelson): No. "C.H.0." is not "a member of the fair sex," though 'probably an admirer of it m a paternal I way.— "C.J." (New Plymouth): If by "m this town" you mean New Plymouth we do not know of one. M. Mason, 208 Lambton Quay, is a wellknown private detective in/Wellington. —"Protestant" (Gore): Write to Salvation Army authorities m Dunedin.— "Fair Play" (Pukekohe): If you took over the books that were outstanding sue for the return of the books or the value thereof and damages fqr detention. — "L..J.A." (Dunedin): Refuse to pay and defend if sued. — "Mrs. W." (Christchurch): (1) Not if wife actually owns it; (2) by suing for the return of it. — "Sparks" (Greymouth) : Instruct, solicitor to sue for full amount owing to you for price of wireless set, moneys disbursed, and work and labor k performed. The order submitted is sufficient to prove your case if the set was up-to-date. — "Cockie" (Kiwitea): Sale and purchase agreements and mortgages are protected if entered into before October 24, 19i'9. — "Anxious" (Palmerston North) : Sue for amount payable to you. Summons would be issued m your own town. The loser pays the costs. — "Hard Up" (Wanganui): -Sue for latter amount as he did not accept your previous offer.— "Urgent" (Clinton): (1) Give trustees notice that you desire to terminate the engagement. If they do not act, consult a solicitor; (2) yes, if the expense is unavoidable and if youhwe notified trustees of your intention; (3) yes, if you have been underpaid.— "H.W.E." (Wellington): The number of entrances has nothins- to dp with the, rates. The rates are based on the capital, unimproved or annual value according to which system has been adopted. The Wellington system is comptsite. Your rate demand, if carefully 'studied, will supply you with ail the information you desire. — "Worried" (Hamilton) : Answered elsewhere m this issue.