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NZ Truth, Issue 1079, 29 July 1926, Page 18

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INQUIRER'S CORNER

i'!S:Z!=!!:!!!!:!:!!!:i!!:!I!r Conducted by "INTERPRETER." <£SSSZSKSS?j| 1 1 '■■ ■ : 1 1 i| Answers will be published as early as possible after receipt of I II questions and as far as possible m order of rotation of receipt. I II All letters must be written m ink and bo addressed "Interpreter" | || c/o "Truth," Manners Street, Wellington. While we take no re- I If . sponsibility for any answer given m those columns, every en- i If deavor will be made to see that they are absolutely correct. | jji ' Answers to legal queries must be accepted merely aa a' § || guide as to whether or not it is worth while going to the expense s| || ,of placing matters- inquired about m the hands of a solicitor for || H further action. .... ll 11 No replies can be made by post. No anonymous inquiries || l| will be answered, and inquiries of this nature will not be pre- §§ If served. Frivolities and questions not of general interest will ,§| || ' not be answered. ' . • '§| iiiiimiiiimiiniiiiiHiiiinmiiiiiiiiiNiiwiiiiiiiiiiiiiiiuuiiiii iiiiiiiniiiiiiuiiiiiiiiiiitiiitiiiiiiißHiiiiiiMiiniiiiiiißniiiiitiMfniiniHiiiiiiiiiniiMiHiiiiiiiiiiwmmniMHH^mßiimii^imun i fiinuimuiimimilmmimimm imiiimimimimniiimmiMiitiiimiimiiii iiiiiitiiuiiumii iii|imiiiiiiiimimimimmHiuimiiiimmu«inmiuiimmiimflmMimmipiiimimiiiiHiiiiiirt

MARRIAGE AND DIVORCE Q.: Husband deserted wifo and children 38 years ago. Eight years ago he obtained divorce from wife and cohabited with another woman, having a second family by her. Whether he married her is not known. He left a will m favor of second woman and second family. Have his first lot of children l a claim on his estate? — "Anxious" (Auckland). A.: Under the Family Protection Act children if . unjustly overlooked can bring a claim for provision to be made for them out of the estate. Q.: How could a person find out if a divorce had been, granted his wife against him?— " Gisborne" (Kaiti). A.: Search the Supreme Court records m the registry where the proceedings were taken. ■ WAGES AND PENSIONS Q.: Can penniless widow aged 24 years claim the widow's pension? — "A. McM." (Waipukurau). . A.: Not unless she has children.' Q.: Mother of deceased soldier receives 10s a week pension. If she saves some of her allowance will her pension be -stopped? — "Mrs. A." (Wellington). . , A.: No. Q.: What conditions must a New Zealand-born person fulfil before he is eligible to receive the old age pension?—"J.R.H." (Wellington). A.: They are too numerous to set out m these columns. Apply to the Registrar of Pensions, Government Buildings, Whitmore Street. HOUSING AND RATES Q.: Is it compulsory for a landlord to put. a cupboard m an unfurnished room? — "Rewa" (Lower Hutt). • A.: No, unless he has agreed to do so. PROPERTY RIGHTS Q.: Is there any by-law to prevent a- person erecting a brick wall between his property and that of his neighbor. Neighbor's house is 18 inches from the boundary. — "Safety" (Wellington). ' A.: Refer to the Building Inspector, Town Hall, Wel-

lington. Q.: Years ago. t w o neighbors agreed each t o keep their separate halves of the boundary fence m order and repair. These men are now deceased, and . the present occupiers know of the agreement. Some time ago A. planted gorse on his half; now he wants 8.. to renew his half. (1) Is this agreement legal though not m writing? (2) Can A. plant gorse without consent of B.? (3) Can A. compel B. to renew ha 1 f of fence at his own expense? » (4) Is it legal to have a gate m a boundary fence? — ■ "Constant Reader" (Milton). A.: (1) The agreement is

legal as between . the immediate parties thereto, but net beiifg registered m terms of the 'proviso to Sec. 7 (b) of the Fenci.ig Act, it would not be binding on the assignees, A. and B. (2) Sec. 26 sub-sec. (1) sub-clause (a) provides that "no person shall . . . plant or sow gorse or trees "on or alongside any boundary fence without the previous written consent of the occupier of the adjoining land. (3) B. is liable to renew half of the fence or pay half the cost of renewing "the whole, but the notice referred to m Sec. 32 (1) of the Fencing Act must be first sent. (4) Not unless both owners consent.. MORTGAGES ' Q.: What are the legal costs on a land transfer mortgage for £2400?— "Ajax" (Riverlea). A.: £15 4s 6d, plus disbursements. LEGAL Q.: If a person advances £200 on loan to his brother to purchase a house and takes an I.O.U.'ia he fully protected m any eventuality? — "Frisco"' (Wellington 1 ). A.: No. You would be only an ordinary and not a secured creditor m case of bankruptcy. Nor have you any security other than the purely personal security of your brother's contract to repay. You hay©/ no charge over his property. Q.: Within what time must a person institute proceedings to recover a loan made over 12 months ago?— "G.M." (Auckland). A.: Within six years from the time tho right of action accrued or within 6 years from the time of any later acknowledgment of the-dnbt. Q.: Is an elder brother liable for debts contracted by younger brother? Both are over 21 years of age.—^"Anxious" (Featherston). A.: No. : Q.: Can an auctioneer, having failed to sell. furniture, claim storage for it? — "D.R." (Seatoun). A.: Not m the absence of any agreement to pay such. Q.: In our small little country paper I am the sole reporter, and column after column of my news is being, lifted verbatim and reprinted by four big claily papers as "From our own correspondent." Have I any remedy?—-"Re-porter" (Temuka). A.: You have copyright m "news" that is m the literary composition or form of expression by which information relating to current events is conveyed. In one English case it was held that even the general custom among journalists to allow one newspaper to copy from another on certain conditions—e.g. of acknowledging, the source— was no defence to an action for; infringement of copyright. The P.i;ess Association , claims copyright, why not do' 1 the same yourself? Your remedy is to proceed against each of the big dailies for adequate damages. Q.: Is husband liable for small debts owing by wife through failure m her business? Husband receives small wage. — "Anxious" (Christchurch) . A. : Not unless he has expressly or by implication held himself out as being liable or has m effect been a partner.

Wills Q.: Mother m her will appoints a manager and executor of estate at a salary per. annum. Can the person appointed charge commission on the sale of a farm, stock and implements? If so, what is the rate of commission that can be charged?— "J.J." (Palmerston N.). A.: Unless it appears from the will that the salary is to be m full of all claims, he is entitled to petition for commission, but the remuneration provided m the will would be taken into consideration. The total amount iB not to exceed 5 per cent, of the value of the estate, but. that total is rarely awarded. Q.: Do the trustees of a will know the contents before the testator is dead?— "Papakura" (Auckland). ; A.: Sometimes. COMPENSATION Q.: What compensation .is awarded for the complete-loss of the index finger of the right hand?— "lnquirer" (Te Awamutu). A.: A weekly payment of 20 per cent, of 58 per cent, of the average weekly earnings or a lump sum assessed by the Court. • . GENERAL Q.: (1) If a returned soldier ha's once had assistance from the Government can he obtain aid a second time (Government took over the farm m the first case)? (2) Can Government assistance be obtained to purchase a house? (3) If returned soldier is a pensioner can he get any money out of the canteen fund?— "E.J.H." (Hawera). A.: (1) As a general rule assistance, is not granted oh a second occasion, but if the. circumstances are exceptional full consideration would be given. (2) Only through the State Advances Department and this Department grants loans very sparingly on places of any ; age. (3) The canteen funds have not yet been made available to returned men. Q.: Inquirer wishes to obtain a loan from the Government m order to build on his farm. What are the conditions under which the Government advances I money and the maximum and minimum amount of

advances? ls there any money available at present for above purpose? — "Kla Ora" (Westport). A.: Ask %t the> local post office for the State Advances booklet containing full Information. Applications a r e considered on their merits. , Q.: (1) Can a neighbor prevent a butcher from running a marchine up till 11 and 12 o'clock at night? The butcher's customers use the next door fence for a bicycle rest and are damr aging the fence. Can owner pre* vent this?— " Hard Worker" (Invercargill). A.: (1) There "must be substantial discomfort or inconvenience. If the discomfort is

!-."■■ only occasional 'there -would be no remedy. Even if frequent the noise must be more than a reasonable resident , of the locality can be expected to endure. The whole of the circumstances must be considered. The butcher has a right to make his sausages. In a word, the question of nuisance is one of degree, and. depends upon the whole of the circumstances of the case. (2) If the riders do not desist after being warned you can probably recover at all events nominal damages for trespass. Q.: Can a. grandmother who has brought up .her granddaughter from birth prevent her from leaving home and earning" her own living when 18 years of age? — "Anxious" (Oturehua). . A.: No. REPLJES IN BRIEF "Anxious" (Wanganui): You are en-, titled to participate m the distribution of the estate. Place the matter m the hands of a solicitor for action. — "Interested" (Wellington) : B can leave title deeds for C to lift. when C is ready to take title. C pays the bulk of the costs but B is liable for a smaH"direction" fee. About £6 (£1 being for a new title if the land is Land Transfer land). — "Anxious" (Petone): (1) Not without the landlord's consent (2) If .person takes possession withput owner's consent he becomes a trespasser and can be ejected on appropriate proceedings being taken.— "Enquirer" (Te Mata): The son if he can establish the contract of sale has •a good equitable title and he should call on the administrators ■to. l'ecognize same and give a legal title. — "A.G.W." (Dunedln): Depends on the value of the coin, and the requirements of collectors. Write Director, Dominion Museum. — "Tomahawk" (Otagro) : There appears to be nothing m this to which exception can be, taken. — "Chancery" (Christchurch) : As the results of Chancery suits are so notoriously speculative it is most improbable that any solicitor would undertake the work on a commission basis; You can only ascertain this by interviewing some.— "Footprint" (Cross Creek): Write to the Marine Department, Wellington, for full particulars. — "Enquirer" Motueka): Although not disputing that such an arrangement was made the company does not :Say that it was authorised by them. In fact /they could not authorise such an arrangement. Your claim then would be against the representative unless you can obtain an admission by the company that such an arrangement was authorised by it. You could then bring an action against the company. WOMEN SUFFERERS OPERATIONS UNNECESSARY Many women suffer the agonies and intense discomforts' of Piles. This distressing ailment can be permanently relieved with Zann Double -Absorption Treatment, without any operation Hundreds 6f New \Zealanders testify to efficacy of remedy. Guarantee given with each course. Money refunded if not satisfied. • A generous^ trial treatment of Zann will be sent on receipt of nine penny stamps to cover packing and postage. Address: Lady Manager, Zann Proprietary, Box 952, Wellington.* J