INQUIRERS' CORNER

NZ Truth, Issue 1062, 1 April 1926, Page 18

INQUIRERS' CORNER

(Conducted by "INTERPRETER.") Answers will be published as early as possible after receipt of questions and as far as possible m order of rotation of receipt. All letters must be written m Ink and be addressed, "Interpreter,' c/o "Truth," Manners Street, Wellington. While we take 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 fey post. No anonymous inquiries will be answered, and inquiries of this nature will not be preserved. Frivolities and questions not of general interest will not be answered.

Legal Q.: Person applied for and -was allotted shares m a company, and through financial difficulties wished to cancel the shares, but the company refused. Is he still liable to pay the «rlls? — "Anxious" (Palmerston North). A.: As a binding contract has been made, you cannot cancel it without the consent of the company^ Tour best, course is to try to sell the shares, but m the meantime you will have to pay up. Q.: What is the death duty on estates of from £1000 to £15,000?— "S.W.M." (Tmaru). A.: The estate duty is at a percent-, age varying according to the amount. At £1000 to £2000 the rate is 1 per cent., increasing to 7 per cent, at £10,000 to v £ 15,000. In addition, each beneficiary may. be liable for succession duty, the amount varying according to the relationship of the beneficiary to the testator and the amount of the legacy. Q.: Is it legal to play housey housey vith the public m a shop m the main street for a small stake with prizes? — "Anxious" (Marton). A.: No. Housey housey being a pure game of chance is prohibited, being on the same basis as pakapoo, fan -tan, etc. Q.: Wife purchased a musical instrument on a time payment system without husband's consent or knowledge, and under the agreement signed by her the agents may, m the event of: the instalments falling into arrear, srjze the instrument and sue for arrears to date of seizure. (1) Is the husband m any way liable for payment of the instalments?. (2) What is the position should the wife be sued? -"S.Y." (Auckland). A.; (1) A wife has no authority, by virtue of the marriage alone, to contract on behalf of her husband. To make him liable the contract must be n'ade with his express or implied authority. In this case, as the instrument is not a "necessary," there could bo no presumed authority, and so the husband is not liable. (S) If the wife io sued she must pay the arrears or allow judgment to be entered against her. Any judgment will bo limited t q her separate estate, which alone can be levied on. No order on a judg- „ ment summons ' can be mad c against a married woman. Q.: If garage proprietor takes inquirer's car to his garage to effect repairs to it, and leaves it pxpbsed to the weather for five months before repairs are made, is tho proprietor liable for any damage caused by the weather to the car? — "Ford" (Central Otago). A.: You should succeed m a claim for depreciation and Ucuiuigo to the car, as the garage proprietor was guilty of negligence m leaving the car exposed. Marriage and Divorce Q.: In 1912 a New Zealancler married an Englishwoman m England. In 1922 passages were booked to New Zealand, but for good cause wife's passage was cancelled and husband came out alone. After two years the wife not having joined her husband, the latter arranges new passage for her and children, but wife again fails U- come. Parties have now been four years apart, and there has been no correspondence since one year after the last failure of wife to come, and no maintenance has been paid her. If hvsband sues for divorce on the giound of desertion when will the desertion commence from? — "I.M.S. ' (Christchurch). A.; Desertion begins when the intention to desert is complete, the question of intention being one of fact or cf inference from facts necessarily \srying with the position of the parties. In this case the desertion would appear to have begun when the wife declined to make. the trip on the last occasion of booking passages. . Q.: A woman lias illegitimate children which are registered under their father's name. She later marries another man and has children by him. (1) In what relationship do the illegitimate children stand to the legitimate ones? (2) What steps must bo taken to have the illegitimate children's names changed to the mother's maiden name and the cost of same?— "W. de T." (Karori). A.: (1) They are half brothers and sisters. (2) There is no provision for doing this as the children were presumably correctly registered m their father's name. The mother's name figures as well on the birth certicate as it stands at present., Q.: (1) If the mother of an illegitimate child afterwards ' marries a man oLher than the father of her child does the child become legitimate? (2) If the father has. custody of his illegitimate child, would his subsequent marriage to a woman other t::an the child's mother enable him to secure its • legitimation? — "Inquirer" (Dunedin). A.: (1) No. The best course 'm. a CciSe of this kind is for the mother and her husband to legally adopt the child. (2) No. Subsequent legitimation can take place only when the parents marry each other. Q.: Twenty-six years ago inquirer let her husband on account of . his cruelty. She did not know his whereabouts for six. years, and then 14 years ago she heard he was dead. Nine years ago she .married again. She now hears that her first husband is alive. What should, she do? — "Westport." A.: It would not be advisable for you to do' anything unless you desire to terminate the present alliance by obtaining a ; declai'ation of nullity of marriage.' Wages and Pensions Q.: Husband is m receipt of Government superannuation amounting to a> 330 16s per annum. Can he and his^ wife draw the Old Age pension?— r "Superannuated" (Greymouth). A«: The sum of the pension to each, this 1 the total . incomes of both, is not ro exceed £143. It would appear therefore that the pension of 'each v ill be £ 6 2s, but as the amount may bo affected by other circumstances not disclosed,, refer, to the local Registrar of Pensions. Q.: A widow with three children remarried. Is the pension to the chiltlie.n- stopped on her re-marriage?— "H.H." (Greytown). • A.: Yes. Her second husband then becomes liable to support the children.

Mortgages Q.: I sell a house on a small deposit and take a second mortgage subject to the first mortgage. The buyer walks out. What is my posltir.n if I take no action m the matter? —"Reader" (Auckland). • A.: The first mortgagee will' no doubt sell the property. If after payment of his principal, interest and costs there is a surplus it will go to you on account of your security. The buyer remains liable to you on the covenant of the second mortgage, and j.cu can sue him at any time before ycur claim becomes statute barred, i.e., within 20 years, from the date of the last payment. : . Q.: Inquirer keeps interest on second mortgage paid up to date. Can the sec ond mortgagee at the expiration of the term demand repayment of the rvortgage, although the mortgagor has offered her the place?-?-" Workman" (Shag Point). A.: The mortgagee is not bound to accept the place either on account or m satisfaction of the mortgage. She oan sell and sue the mortgagor fox' any deficit. General Q.: When' prize money from "Tatts" is sent to New Zealand, does the New Zealand government, receive a certain percentage of it? — "Koorong" (Hastings.) A.: No. Q.: Have the parents of; a girl aged 16 the right to prevent her from-earn-ing her own living if she wishes to dp so? — "X.Y.Z." (Temuka). A.: Not if she is not m. need of their supervision. I . Q.: Inquirer lent a sum of money to a friend on the condition that it was to be repaid within one month. The money has not yet been repaid. What steps should inquirer take to recover the sum?— " Constant Reader". (Woolston>- *'■*„ A.: Demand repayment and it refused sue Q.- Inquirer wishes to breed Pomeranian dogs, but his property is situated m a city area, Must h e obtain the consent of the City Council? ~ "Bengal" (Ponsonby). A.: Interview the town clerk and ascertain if the by-laws prohibit you from doing so. Apart from any .muioipal prohibition, you are entitled to carry on as long as your operations do not constitute a nuisance to your neighbors. Q.: What is the Arbitration Court's definition of "private hotel"? — "J.W.P." (Wellington). A.: The award does not define " private hotel," b u.t only those employers mentioned m or added to the award are bound. The question appears to be one of degree. Q.: Inquirer is annoyed by the barking, at all hours of the day and night, of ' a Pomeranian dog kept by his neighbor. What steps should inquirer bike to have this nuisance abated? — "Nuisance" (Auckland). A.: Your remedy is to apply for an injunction to restrain your neighbor from continuing the nuisance. Replies m Brief "Hit" (Oamaru): Sue for damages for breach of contract. — "F.P." (Hokitika): The Police Offences Act prohibits working at a trade or trading or doing business on a Sunday, but does not affect works of necessity. — "Inquirer" (Auckland) : You are entitled to a pension but not the maximum amount. Interview the local R<?r gistrar of Pensions. — "J.8.R." (North Auckland)': Wages are one of the preferential debts but they are not paid until secured debts (mortgages- or debentures) have been paid m full prior to wages. — "Constant Reader" (Manurewa): If you are under a covenant to pay this sum, i.e., if you actually signed the first mortgage when you wen. into partnership with your step-father you are liable to the mortgagee, but as you sold out to your step-father he *s liable to indemnify you again3t all claims.— "Worried" (Wellington): Interview the Infant Life Protection Officer, Education Department, Government Buildings, Wellington.—-"lnter-ested" (Palmerston North): (1) This is a matter of construction of the contract, i.e., whether there was an express or implied term that the nurse was to devote exclusive attention to the one patient. Prima facie there was no term as to exclusive attention but it would m that case be held to be the duty of the nurse to appoint a suosti- 1 tute. (2) Such a charge could not be susta'ned m the absence of an express agreement to pay. — "Cautious" (Geraldine): (1) Five per cent, on the first £200 and 2% per cent, on the remain^ der up to £2000. Over £2000 2% per cent, right through. (£2OOO is not a fixed amount m all localities). The above are the rates on land; other classes of property such.- as businesses are of a higher rate. (2) If you are next- of -kin of the deceased the informatiqn may possibly be correct. Assuming that the thing is genuine you should know whether you are related. It is. however, ' mbVe likely to be a hoax. — "Anxious" (Christchurch) : It is doubtml whether the £600 was a gift from the legal point of view. ' That question depends on what was m your fathei's mind at the time he made the payment. But whether a gift or not it wouJd appear that there is no possibility of your being deprived of the money as m the event of your father or anyone Claiming under his will demanding a refund you wouM be entitled as a matter of equity to set off the value of! what you have given to your parenis. — "Compensation" (Auckland) : The time limit for bringing a claim for compensation is 6 months from the date, of the accident, but a failure to commence the action within that time shall be no bar to the action if m the opinion of the Court the failure was due to mistake, absence from N.Z., or any other reasonable. . cause.— "A.L.D." (Dannevix-ke) : The last infoi-mation received by "Truth" was through Mr. Salek, junr., of the finn of Salek Bx'os., Wellington. This was a cable stating that the Commonwealth authorities had accepted Dr. Smalpage's serum as a cure for T.B. A letter addressed c/o the 8.ft1.A., Castlereagh Street, Sydney, would undoubtedly find him, or c/o the Federal or N.S.W. Health authorities. We have no idea of the cost.