INQUIRERS' CORNER

NZ Truth, Issue 1030, 22 August 1925, Page 20

INQUIRERS' CORNER

(Conducted by "IN/TERPRETER.") Answers wl!l be pubMshed 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 postInquirers must write m ink.

Maintenance : Q.: Can a mother who is m receipt of the old age pension claim maintenance from one son (the only one whose whereabouts aro known) and from her 1 four married daughters? — "Anxious" (Nelson). A.: You can certainly claim maintenance from them, but your pension would be taken into consideration if! the cases camo before the Court m determining the amount they would be ordered to contribute. Q.: Wife and husband legally adopted an illegitimate child. Husband is now dead, and only income which wife has is a pension of £1 per week. Father of child is comfortably o,ff. Can wife compel father to contribute towards the support of the child? No premium was paid m connection with the adoption. — "Anxious" (Putiki). A.: The D.P. Act expressly provides that the liability of the father of an illegitimate child to contribute to its supovt is not affected by the adoption ,of the child. You should take proceedings against the father. Housing & Rates: Q.: Person m anticipation of renting a house bought furniture from landlord and paid deposit, but later found it impossible to enter into occupation. Can landlord retain deposit? — "Constant Reader" (Wellington). A.: Yes.. If money is paid under a contract by one party thereto, and the contract is not completed by that party, he forfeits the money paid unless the other party is responsible for the non-completion m some manner or other. Wages & Pensions: Q. A Government servant retires from the service as medically unfit. He receives the usual pension,,^ year or so later he dies, leaving a widow and children. (1) What pension is his wife entitled to? (2) Can she draw the widows' pension under the Public Service? (3) What is the pension allowed, m both cases, to wife and each child?— "lnterested" (Waipiata). A.: Write to the Secretary, Public Service Superannuation Fund, Wellington. (2) Yes, (3) For the Public Sei-vice pension write as above. For widow's pension the amount payable is £26 per annum to a widow, with £26 p.a. added for each child under 16. (No account is taken of other income or of property m quoting 1 the rate). Q.: Inquirer was engaged by contractor as a scrub-cutter, but when he later left the job the contractor gave him a note to the manager of the station who refused inquirer his wages as he (the manager) had no money m hand for the contractor. Can inquirer compel manager to pay him his wages? — "Scrub" (Martinborough). A.: The wages are payable by the contractor and not by t^e manager, unless there was any arrangement to the contrary. If there was no such arrangement and therefore no liability on the manager to pay the wages, he could not be compelled to pay the wages especially when he was not holding any moneys .payable to the contractor. You would, however, if not too late, have a claim under the Wages and Protection and Contractors Liens Act. Q.: A ploughman having been called home owing to illness of his -parents, leaves employer without giving notice, and employer holds back eight days' wages. If he does not return to the job can he claim the wages retained? — "Full Team" (Christchurch). A.: If there was no arrangement as to giving notice, reasonable notice must be given. If you fail to do this, you are liable to forfeit your wages. It is not easy to say whether one day's notice or one week's notice would- be reasonable m your case, as you give no details of the employment. However, you should point out that the retention of eight days' wages cannot be justified. Q.: Is a Maori, aged 75, who owns 30 acres of land, \yiho is m receipt of an income of £4 per annum from leased lands, and who is dependent upon his two married daughters, entitled to receive the old nge pension? — "Anxious Daughters" (Waitara) . A.: You must state the value of thp land before the question of eligibility can be decided, but if the value exceeds £390 he will not be eligible. However, call and see the Clerk of the Court m yo.ur town. Q.: Wife was granted a pension when her husband was admitted to a mental hospital. Husband escaped from the mental hospital without his clearance. Is wife entitled to receive the' pension until husband obtains his clearance from mental authorities, or does pension cease on his escape? — "D.G." (Invercargill). A.: You do not say whether your husband has rejoined you. The pension is payable only to a woman whose husband is "detained" m a mental hospital. However, call and see the Registrar of Pensions m Dunedin. Q.: What amount of cash or property is a widow with three children entitled to possess without its affecting her pension? — "Kia Kia" (Lower Hutt). ■■:'■ A.: Property does not include furnitui'e and personal effects, nor property used as a home up to £520 m value. Q.: Husband, wife, and child landed m New Zealand m July, 1921. In June, -1925, husband died. Is his widow entitled to the widows' pension, and, it not, can she get any assistance of any kind from the State?— "B.B." (Wellington). A.: As only three years' residence m New Zealand prior to husband's death is required, the widow m this case is eligible. Call and see the Registrar of Pensions, m Whitmore Street, behind the Govt. Buildings. Mortgages: Q.: Two years ago inquirer signed an agreement to purchase a property. A deposit was .paid, and the balance of purchase money remained on mort- | gage at 7 per cent. As inquirer is not now desirous' of completing the purchase, can he m any way rescind the agreement? — "Mortgage Puzzle." (Murihia). A.: No, or rather you lay yourself open to a suit for specific performance or damages if you do. Wills: Q.: (1) Can stepchildren claim a share m • stepmother's estate, which. Avas left to her own children? (2) There were three .trustees of an estate, and one- of them died. Must another be appointed, and who appoints him? (3) If another trustee is needed, can any of the beneficiaries have the Public Trustee appointed instead of another private person? (4) Is it illegal for an auctioneer to keep throwing m bids when he is conducting a sale? (5) What commission are land agents allowed, to charge?— " Anxious to Know" (Lake Waikaremoana). A.: (1) They do not participate m their stepmother's estate, as they are

not children of her blood. (3) The beneficiaries are entitled to an equal voice, and if they cannot agree the Court would settle the matter. (4) Unless the auctioneer has been authorised by the seller to bid on the seller's behalf pursuant to a right to bid previously reserved, suoh bids, by the seller are of no effect, unless of course the auctioneer may be bidding on his own personal behalf. (5) This is a matter of agreement. In the absenco of agreement, the Chamber of Commerce or Land Agents* Association scale is followed, 5 per cent, on the first £200 and 2% per cent, on the balance. Property Rights: Q.: iKquirer leases a piece of land for grazing purposes from lessor, who later lets a contract for the formation of a road through the land. Can the contractor be held responsible for the wandering of inquirer's stock?— "A.N.A." (New Plymouth). A.: If the lease has not .been terminated the landlord has been guilty of a breach if he has authorised the formation of the road during the existence of the tenancy. If this is so, your claim is for damages. If the contractor had no authority to interfere with your occupation of the land you can treat him as a trespasser, and sue him for damages. Replies m Brief: "R.T.F." (Day's Bay): Purcell, of the American "House of David," and his evil deeds under the cloak of religion have been shown up on several occasions. — "Lodis" (Gisborne) : Thank you for favorable comment. There is much to commend your suggestion, which, however, is not a new one.- — "Matakitaki" (Auckland): The facts may be as you state, but we have no opportunity of verifying them. Too dangerous. — "Endurance" (Christchurch): A six days' race between a man (C. W. Hart) and a horse (ridden by A. Nightingall) was held at the Crystal Palace Football Ground m August of last year. The man won, having covered 345 miles 880 yards, against the horse's 337 miles 1618 yards. — "Distressed" (Dunedin) : You are only permitted to earn £78. If your earnings exceed this sum your pension is reduced accordingly. The unfair discrimination between war and civil widows has been pointed out m "Truth." — "Hammer" (Palmerston North) : (a) The official rule says: "The handle shall be a single' unbroken length of spring steel wire oneeighth of an inch m diameter. The length of the whole hammer shall be not more than 4ft and the weight not less than 161 b complete." (b) So far as is known according to. the above specifications. — "A.H." (Wanganui) : Yes, provided no gambling is going on. — "Anxious" (Martinborough) : Answered m issue of August 1 m property rights section. — "P.M.", (Wellington): (1) Call at the Labor Department (Te Aro Post Office) and place the facts before the Inspector (Rent Restriction Section). The increase is somewhat startling, certainly. (2) The month's notice must be given to expire on a monthly day conforming to the date the tenancy commenced — i.e., if it began on the 10th June, then notice would have to be given on the 10th day of one month to expire on the 10th of the following month. (3) Pay the same rent that you have been paying. — "Bunny" (Carterton): (1) You should not have signej* without ascertaining the price. You would have to prove that the agent took an unfair and unjust advantage of you m the matter. In any case, see the vendor and arrange to have the price reduced. (2) This can be done, arid it is the usual practice. — "R.E." (Wairoa) : Such a rent could probably not be sustained, as the landlord is entitled only to a return of 8 per cent, on the capital value m 1914 after allowing for depreciation and repairs. See the local Inspector of Factories^ — "Perplexed" (Hunterville): If the right to a title is involved, you will require to produce stronger proof than statutory declarations. The matter would be decided by the English Courts upon proper proceedings being taken, and not simply by the production of statutory declarations. The persons, of course, to establish your claim are your father and mother. — "Anxious" (Murchison) : Write demanding return of photo and of deposit. If refused, see a solicitor. — "F.H.8." (Dargaville) : If the gift can be proved, sign no agreement ' and pay no percentage. You canot claim for upkeep if the horse has always remained yours since the date of the gift. — "Over the Odds" (Karori): (1) Your remedy is a claim for damages. (2) If he is subpoenaed he must attend at Court but if his evidence is not likely to be favorable to you he may do more harm than good. No replies can be made by post. — "Kia Ora" (T'emuka) : (1) It is too late now to. apply for such war pension. She may be eligible for the old age pension. See the Clerk of Court, who is usually Deputy Registrar of Pensions. (2) Sections 39 and 40 of the Factories Act, 1921-22, provide that the occupier of the factory is liable to a fine up to £100, part of which can be ordered to be> paid to the injured person. Your best course is to call and see the local Inspector of Factories or obtain a copy of the Factories Act, as space does not permit of setting out m detail the contents of the two sections referred to. —"Anxious Mother" (Stratford) : If the children were committed to one of the industrial schools you cannot take them away from there. If they are m a "foster" or "receiving" home you could g-et them if you are m a position to maintain them properly. — Douglas Forbes (Auckland): Sorry we cannot devote so much space to the subject- which should come more within the scope of the local dailies. — i "Prospective Tourist" (Auckland): write to Thos. Cook and Son, Melbourne, for recent copies of the "Ans? tralasian . Travellers' Gazette." It costs twopence. fOwin? 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."! ANONYMOUS. It must be distinctly understood thai m future we shall not answer any inquiries that are sent m anonymously. Inquirers MUST, send their full names and addresses, and should we deem it advisable these must be subject to verification.- Anonymous inquiries will not be answered and the inquiries will not be preserved.