Listen in Theres Lots to Hear

NZ Truth, Issue 1078, 22 July 1926, Page 20

Listen m Theres Lots to Hear

ffSSSIK^SSS^ by "INTERPRETER." Ci^inmunmimnmSmmm"!"""""-^! - = ■ - ' ■ / ■'.■Mi || Answers will be published as early as possible after receipt of || II 1 questions and as far as possible m order of rotation of receipt. || II -All letters miist-be written m ink and be addressed "Interpreter" || || c/o "Truth," Manners Street, Wellington. While we take no re- || H sponsibility for any answer given m these columns, every en- || 11 deavor will be made to see that they are absolutely correct. y II Answers to legal queries must be accepted merely as a || If : guide as to whether or not it is worth white going to the expense y |1 of placing matters inquired about m the hands of a solicitor for || II further action. .•'• . . II U . No replies can be made by post. No anonymous inquiries || II will be answered, and inquiries of this nature will not be pre- §| || served. Frivolities and. questions not of general interest will || If not be answered. || = TiiiiiilTiiiMiiiiiiiliinMiiitiiiiiiiiuiiiTiiiiiciiiiiii'iMitititiiiiiiitiiiiiit iiritilitit ti 111 unti nun ii uriti ii|n< m nun ii r MIM11 " Ml111 11I(I1IM IlM '' l ' ' 'V ""llMllllniMnlM'n'il'i! m'ii'ii'iii' iii'ii! iil'iitiTiP

HOUSING AND RATES . Q.: (1). When a tenant makes an application to determine the capital value of a house does the onus lie on him to prove the capital value m 1914? (2) If another person purchases a property subject to ah existing tenancy does he take over all the responsibilities •of his predecessor, m title? (3) After next August will it be possible to institute proceedings under the Rent Restriction Act? — ..Sam (Wellington). A.: (1) The onus is on the party who is seeking to establish a favorable capital value to prove it. The Court itself does not adduce proof or evidence. (2) Within limits, yes. (3) This is a matter which will be settled by the Legislature m continuing' or discontinuing the Rent Restriction Acts. WILLS ' - v Q.: Inquirers father died some 30 years ago, leaving a will directing that on his 'sister-in-law's death his property was to be sold, arid the proceeds to be divided among- his thrco children — two sons, and a daughter. The daughter and one son are now deceased. Have the children of the. daughter any claim to deceased uncle's share?— " Constant Reader". (Hastings). A.: Assuming th£.t the deceased brother left no will, the next of kin take. If there are no' living- .parents or children, but, as m this' case, a surviving brother, then the' children of the .deceased sister take the share which the parent, if living - , would have taken. Q>: Grandmother died 58 years ago and the estate went into Chancery. What steps should grandchild take to obtain a copy of her .'will and to make acclaim to the estate arid What would be the costs of doing so?—^'Grandchild" (Dunedin) . ; ■ A.: .Instruct, a local solicitor to obtain a copy of the will for you. Cannot, give, any idea of the costs of an application, to the Court of Chancery. LEGAL Q.: Inquirer left some photographs at her mother's which were later taken by her sister, who will not, after repeated demands, return them. Can inquirer sue sister for the return of the photographs and if so what will be the cost of Court proceedings? — ,l Fhotos" (Palmerston North). . ' A.: An action will lie against the' sister. Sue for possession and dam.-., ages for wrong- ;■ ' •■ ful detention. The •■' -■■'■■■■ costs would be one or itwo guineas according to the time involved. Q.: What persons are prohibited from entering a racecourse, and if a person has been convicted of drunkenness :ca ( n he be ordered off a racecourse 7 — "Subscriber" "(Tolaga Bay). A.: Each racing club ; has power to make its owri rules specifying, what persons are. excluded from' racecourses. . ■ Q.: (1) What is the greatest amount that can be claimed m an action, for damages m the Magistrate's Court? (2) Is it a fact that before an action for damages for more than £200 can be heard m the Supreme Court the plaintiff must find £50 for costs ?— "Rutherglen" (Papanui). A.: (1) £200 "or up to £500 if the parties agree to the jurisdiction of the Magistrate's Court. (2) No. Q.: Inquii'er was employed as a farm hand and was allowed the use of a -cottage rent free. 1 He then purchased some turkeys' and kept them on employer's : property. Twelve; months later inquirer left, but did not take the turkeys with him and about six months later, when inquirer called to collect them the employer would not hand them over. What steps should inquirer take | to recover the turkeys ? — "Square Dea 1" ( Wariganui) . A. : ' Deiriand that f hey be handed over and if not restored to you 'sua for their possession. _ Q.: Several telegram's addressed to inquirer, care of another person, were opened by that person Who was able to give no excuse for so doing. Has Inquirer any remedy? — "Pioneer" (Hastings). A.: Report 'the matter to the P. and T. Department as this constitutes a breach of the P. and T. Act. .. If they will not take action it is open to you to bring a private prosecution. Q.: Inquirer's wife signed an order for a certain book without inquirer's knowledge and then wrote cancelling the order. The firm replied saying that the order could not be cancelled and are now 'threaten in er to sue. What is the position?— "TD." (Buunythorpe). A.: Send a duplicate copy of the order for perusal to see if it complies with the requirements of the Book; Purchasers' Protection Law. . WAGES AND PENSIONS ■ ' .' * , Q:: (1) What is the greatest amount a pensioner can earn and still draw the full pension? (2). Must pensioner notify Pensions , Board that he sublets a room? (3) Would the winning of any art union prize money interfere with the pension? — "H.J." (Dunedin). A.: (1) £52. (2) ;Yes. (3) Only if m excess of £50. Q.: (1) A widow" with four children wishes to place them m an' orphanage or m a private home. To whom should she apply? (2) If she kept the youngest one with her "would she still be entitled to draw her pension?— " Widow" (New Brighton). , A.: . (i)'.'As regards . <• the orphanage apply to the orphanage institutions direct. In the case of a private home apply to the Infant Life Protection Officer, Education Department,. Government Buildings, Wellington. (2) Yes. PROPERTY RIGHTS Q.: Inquirer has received notice from his neighbor, of neighbor's 'wish to erect a rabbit-proof dividing fencej but inquirer is unwilling to go to the expense of this as there are 'not sufficient rabbits oil inquirer's land to warrant 'the ere.ction : of 'such a fence. What should inquirer do? — "Runholder" (Waimate). ' A.; Section 15 of the Fencing Act, 1908, does not apply to the South Island so that although you can objoct your objection is , lihnited to the kind of rabbit-proof fence to be put up. Part 11 of the second schedule specifies .3 kinds of rabbit-prodf fences.

MORTGAGES Q.: If mortgagor is unable to raise the amount required to pay off the mortgage, can the mortgagee seize his furniture ?— "Widow" (Ponsonby). A,: The mortgagee cannot do this unless he sues, obtains a. judgment and then issues a distress warrant. Even m this last case you are allowed an exemption for furniture, etc., of £25. If the security is 'there you ought. to ba able, to arx-ange new loans on -first and second mortgages to pay out the £1100 owing. - GENERAL Q.: (1) Can a borough councillor tender'for the grazing rights of a council section? (2) Can the councillor's son tender when it is known to be for the councillor? (3) Can . the, council let grazing' rights to a minor, aged .17, the son of .a councillor? — "Cows" Feaiherston). ' A.:. (1) Section 40 (h) of the Municipal Corporations Act dealing with disqualifying contracts provides 1 that an interest m any lease granted by the council is not a disqualification. ' In any case as the payment is to and not by the council the ' disqualification clause, does not ..operate. (2) If the contract, as appears above, is not one that is barred, there is nothing objectionable m the son's tendering. (3) .At-mo'stthe contract would only be yoidable.at the option of the infant and there, is nothing to prevent the council distraining. : Q.: (1) Some time ago a married, couple legally adopted a child. Are' they not entitled" to receive, a copy of the order- • from their solicitor? (2) The child was an illegitimate one. Will there be anything on his birth certificate to show that he was illegitimate and that he was adopted?— 'JBonny Boy" (Hawera). ■ , AY: (1) Yes, It all legal costs' have been paid. ' (2) On ., application and | payment of 1/,- the Registrar of Births will supply a form of- certificate specially designed to prevent ;the disclosure of the fact of dllegitimacy. < Q.: (1) If It was the young .man's fault" that his engagement was broken off, has he the right to claim the engagement ring? (2) A young lady lent her fiance a' sum of money and the only evidence of the loan is promises to repay contained m letters ■ written to th 6 yotihg lady; What steps should • ■; she take to rek coyer thigamourit? | — "Anxious" (S. = Dunedin). | .A,: (1) The ring | was a gift con - | ditional on the = fiancee carrying 1 out the marriage i contract. If sh e i is not to blame m i any way and^is 1 ready and willing | to carry put the | contract ( the ring i cannot be recov- | ered from her. i (2) Write deraand- | iirg repayment, i and if .no result I ■ issue summons.. i Q.: (1) Is a far - I mer required ; to furnish a return of income derived from farming? (2) Is. succession, duty payable on money received under father's will? — "F.G.C." (Mothvyn). A.: (1) No.. (2) A very large exemption is,, allowed. REPLIES IN BRIEF "Fair Deal" (Waharoa) : These questions can be answered by answering, the _ following questions: Were the terms as stated agreed upon between you verbally independent of the agreement? If not, can they be implied as terms of the contract from your conduct or from the ( cuslom followed m share-milking contracts ?— "Mack" (Southland) : You can resign if you wish, but unless authorized you cannot appoint another trustee. iWithout knowing the' exact terms of the trust it is impossible to advise you on the other questions.' — "W.Z." (Dunedin): To sell the articles would be .i technical conversion and would render .the boarding-house keeper liable m damages to the extent of the value of the goods. ■ A claim for damages could be met by a counter-claim for board owing. The boarding-house keepei should sue for the board due arid levy distress on the goods after obtaining judgment. .The other .party should m the meantime pay what is owing. — "P.L.T." (Wanganui): The matter comes within the jurisdiction of the Native Land Court and your best course is to employ, a solicitor to watch the interests of your friend. The powers of the Court are very wide and include power to sell. — "Cyrena" (Wanganui) : You must prove fraud. i.e., that the builders knew the timber was not heart timber. As they will most assuredly deny the imputation the onus of proof will be on you. You can, of course, refuse to-pay the balance and on being sued, counterclaim for damages for fraud.— "Mug" (Opotiki): This paper does not advise as to . particular investments.^-"No. 24" (Timaru): No:— "Pensions" (Christchurch): Yes.. Apply to the Clerk of Court or Registrar of Pensions for a form of application— "Worker"' (Palmerston North) : Refer the matter to the. lnspector of Factories m Palme--ston.—"Painter" (Whangarei):. Apply to ; the nearest Inspector of Award. 1 ? who probably will be the sergeant of police m your town. — /'Anxious" (Taihape): No.— "Urgent" (Petone): ! You must ' pay.— "Enquirer" (Frankton) . Interview the local sergeant of police on the. matter. — "Devon" (Palmerstor North): You i are not eligible m any case as 25 years residence m N.Z. Ip necessary. — "Interested" (Milton): The Municipal Corporation Act 1920. confers greater powers on the council. 1 ? than-on. individuals and you may bring a hornets' nest about your ears by talking compulsion. You should refer the matter tactfully to the sanitary inspector as a first, move. — /'RegiilaReader"' , (Palmerston North): Write a"gain stating whether you refer to a creditor's or to a debtor's petition. .For household use, we recommend Stockton Screened Nuts to those whr require a clean, well -graded coal, o m'ce uniform size for easy handling They make a; clean; v bright and' longlasting fire, with a very small amoun of -ash and other waste. Reasonabl< m price. What is more, they an made from the famous WestportStockton coals, the best steam coa bar none, and which is mined righ : Here m New Zealand, ac Ngukawau Westport. One of the best-kno<vi characteristics of this coal, from th' furnace users' viewpoint, is its smai ash residue, meaning almost, complet. combustion.*