"N.Z. TRUTH'S" INQUIRY CORNER

NZ Truth, Issue 1103, 20 January 1927, Page 16

"N.Z. TRUTH'S" INQUIRY CORNER

_ 1 MARRIAGE AND DIVORCE Q.: Nearly three years ago wife left husband who had never supported her and who was persistently cruel to her. He . has not supported her since. Can she sue for divorce when the three years have expired? The wife had previously left her husband and committed adultery, but had returned.— "Woz-ried" (Rangiatu). A.: ' As the husband knew all about the previous adultery, when cohabitation was resumed that offence is condoned. If the wife can show that she was justified m leaving her . husband on the last . occasion then his failure to support her. will amount to desertion 1 and she can petition on that ground. ' Q.: A. man deserted his wife seven--1 teen months ago. I am desirous of i marrying the woman and would . like Ito know what steps she could take to secure a divorce. (1) Could she secure a decree for restitution of conjugal rights? (2) What. would be the position If the husband obeyed the decree? (3) The husband is at present m Australia, would the wife have to pay to have him brought back? — "Farmer" (Taranaki). A:: The court will only grant; a degree for ■'restitution ,upon being satisfied that the wife is acting bona fide and is really willing to cd- habit again. (2) If the husband obeys the decree the wife will.be guilty of desertion If she refuses to live with him. (3) It is not necessary to bring him back. Q.: How can I obtain a divorce from a man from whom I have been separated nearly three years. Ido not desire to face court proceedings.—."lnquirer" (Wellington). A.: You cannot obtain a; divorce without going to court. In any case there must.be three clear years' separation you have any ground, for divorce. t Q.: (1) My husband and I have been separated for nine years. There was no legal separation. We are both agreeable* for divorce. Could we, L under the circumstances, obtain a divorce by reason of separation by mutual agreement? (2) Who should file the petition? (3) Would the other party have to defend, the case? (4> Who would have to pay the costs? — "Urgent" (Auckland). A.: (1) Yes, provided you can prove that there really was an agreement. (2)- Either party may file the petition. (3) No. (4) As soon as you have entered an appearance you should 'obtain security for your costs from your husband. LEGAL Q.: A company declared a dividend of 20, per cent., but instead of making a cash payment made an allotment of further shares. Is this legal?---"Shares" (Auckland). A.: /Unless the Articles of Association provide otherwise, dividends must be paid m cash. Obtain a copy of the articles from the offlce of the company, and see what the position Is. Q. (1) How much per cent, does the law allow a- moneylender to charge? (2) What per cent, is 30s on £14. for three months? — "Subscriber"' (Hastings). . A.: (1) There is no restriction, .but the Court' is given power to reopen the transaction where it appears that the interest was excessive. (2) 42 6/7 per cent, per annum. Q.: Inquirer while m an hotel fell into a lift well and' injured his ankle. Has he a cause of action against the publican, . and if •so what amount of damages should he claim? — "Unfortunate" (Wellington). A.; If there has-been negligence on the part of the publican you can sue him for such. You may claim whatever you like, but the damages actually awarded will be what the Court or jury consider reasonable compensation for your injury. Q.: A*i apprentice is bound down for five years. What, would be the penalty for absenting himself before the term , had ended ?— "lnquirer" (Hastings). A.: If you leav.e the apprenticeship your master may force you to, serve an extra '■term to make, up for any time lost. Q.: (1) Has a parent any remedy against an officer appointed under "The Child"- Welfare Act, 1925" who makes false defamatory allegations against the parent m respect of his l care. of his children?. (2) If the parent places children m a registered home where they are properly cared for, may the children be removed to become wards of the State?— " Donald and Norman". (Takapuna). A.:> (1) 'No servant of the! State is exempt from the law of libel. You can sue the offiper for for defamation but as she made the state-, merits m the performance of her duties she will have the great advantage, of the defence of privilege. She will have to prove not that her statements were true but;, only that she bona fide thought they were true. .Further as this is a case, of slander you will have to prove special damage. (2) The magistrate has only jurisdiction, to make an order if . the children are neglected at the date of the application.. Former neglect since remedied is, not sufficient. Q;: I .left a motor-cycle at a garage m order, to have certain named repairs carried out. The , garage proprietors did other work on the machine without authority. ' They also damaged the tail Hght. s Am. l liable for the cost of the extra work, and can I force them to repair the. light ?— " Anxious" C^imaru).' A.: need only pay for the work agreed upon, and the garage proprietors are prima facie liable for "the damage. ; Q.: A sues B and. m his evidence commits perjury. What remedy has B ?— :" Justice" (Carterton) . A.: :B should lay an information. But to secure a conviction there must be at least two witnesses to the crime. Any judgment obtained by perjured evidence can be set aside.

■__) L«HiainiimHMiiniiniiiiimuiiiiiiiitim i /»-._ j. ._*- j v.. UIMTCDDDPTPR " /Bm"""""'"""""™""""""'"""^ C I juuiiiniuiiiiiiiin imimiiummiiimmiii' -'OnuUCtea Dy IIN I CnrRCI en. -, lm iiunniiiiiiuni mm iinmimi'jj ■ II Answers will be published 89 early as possible after receipt of If 11 questions and so far as possible m order of rotation of receipt. f| II All letters must be written m ink and be addressed "Interpreter' || II c/o "Truth," Manners Street, Wellington. While we take no re- || |1 sponsibility for any answer given m these columns every en- || II deavor will be made to see that they are absolutely correct. §§ H Answers to legal queries must be accepted merely as ■ a || || guide as to whether or not it is worth while going to the ex- _ || || pense of placing matters inquired about m the hands of a || If solicitor for further action. || ll No replies can be made by post. No anonymous inquiries =| 11 willbe answered, and inquiries of this nature will _not.be. pro- || || served. Frivolities and questions not of general interest will || || not be answered. .11 1 _uiiiiinimiitiiinmiiiiiiimini)iHiimiimNiiiiuiiiiiiiiiiiiniMmnii«iiiiiiiimiiiim^ .^iiitimumiiiimmitimiMiiiiHimuMiiiiiiiiiiiumiiiniiimtmiiiiiiiiiiiinm

PROPERTY. RIGHTS Q.:,An infant' was persuaded at the Dunedin Exhibition to buy a. share m a \ timber company. He is unable to complete the transaction. What is the position? — "Kaingaroa" (Ormondville). -, ■...•'■ ..'■'■! A.: An infant is bound only m contracts for necessaries,, such as food and lodging. Contracts other than for necessaries may be avoided by the Infant at his option. The infant's pareint is under no liability. Q.: A fencing notice is served on a person who agrees .In writing to pay a certain sum as his share. Subsequently the person serving the notice discovers that the fencing cannot be done for the amount agreed upon, and seeks to extract.; payment for the extra amount from the person served with the fencing notice/ Is such last named person liable for the extra sum? — "Muddle", (Christchurch). AT The written agreement is the only evidence which may be brought of the terms of the agreement, and therefore liability for any sum over the amount agreed upon cannot be proved.

COMPENSATION * — — > Q.: May an employee claim compensation under the Workers' Compensa* tion Act, 1922, m respect of an injury received 18 months ago? — "Old Subscriber" (Mataura). - A.: Delay, is not a bar provided the employer is not prejudiced m his defence by such delay. As you spoke to the employer about the accident he has received due notice of the injury. • Q.: A employed B to sink a well on the property of C. A supplied food and rope windlass, B only pick and shovel. The work was to be paid for at per foot. During the work B had an accident losing an eye. In an action against C for compensation the action was dismissed on the ground that B was a contractor. Can B now sue A? — "Constant Reader" (Waimate). A.: If it has been decided m one action that B is. a contractor, the court will most iikely come to the same conclusion m the action against A, but B may be able to adduce additional evidence. " 'i

i OF GENERAL INTEREST

Q.: In what year did Parliament pass an Act prohibiting bookmakers, arid did it come irito force at once? — "Curious" (Makaranui). A.: 1910. Immediately. Q.: A man was: convicted of a crime and has served hiß TBentence. If defamatory words relating to the conviction are spoken of him has he the right to iristitute proceedings? — "Inquirer" (Wellington). A.: The mere fact that a man has been m prison does not exclude him from the right to institute proceedings. The defence of truth, however, would be a good defence to civil proceedings. In a criminal prosecution for criminal defamation you would have mdre chance of succeeding, for the defence would have to Drove public benefit as well as truth. * Q.: A married couple without children are employed '.at a weekly wage. (1) What amount can they earn without having to' pay income tax? (2) Do they pay tax on their separate incomes or on the combined amount? (3) If the wife passes herself as a single woman; does this affect the position ?— "Ancipltal" (Wellington). A.: (1) £300 per annum each. (2) The tax is assessed separately. (3) •No; ... ■.-'■. ■''„■•. : Q. : Are bushf elling contractors, m hilly country, entitled to surface meas- i /_. , '

ureirient or only to vhorlzontalTrneasurement?—"Contractor"/ (Great Barrier)^. . -7" - : , y ■ / . ■■ ■■.■•■..■.•• ■, 'A.: This depends on the terms of the i contract. • If no special provision has been made for surface measurement, payments will be on the basis of ordinary land measurement. Q.: Can ,a person marry his mother's cousin's daughter and what relation is .she?— " Wager" (Dargaville), A.: Yes. Cousin once removed. •■ : Q.: What legislation was passed , during the last session of Parliament as to, the qualifications of veterinary surgeons? — "Gential" (Napier). 7 A.: The Veterinary Surgeons' Act, which comes into operation on January 1 next, constitutes veterinary surgeons a quasi-closed profession with a registering board, a registrar and an annual list In the Gazette , of registered persons. Unregistered veterinary surgeons of ten years standing may continue to practice, but may only use the name "veterinary practitioner." Other unregistered persons are not j forbidden to practice/ but _it appears that they must avoid using' any titles that suggest' registration such as I'veterinary surgeon" or "veterinary ' practitioner." /■ '„"■•■!

Q.: A single woman boarding with some friends with whom I was staying has circulated a report and when challenged flatly maintained that I had maintained that I had made an Immoral proposal to her. I have an unblemished charaoter. What can I do? — "Wrongly Accused" (Mercer). ! A.: Flatly deny the charge and rely I on your character. You have no legal redress if the statement is untrue as this is spoken defamation* and to recover damages you would have to prove special damage. Q.: Can a woman legally marry her mother's sister's' husband (i.e. , her aunt's husband by affinity) ?— "J.K." (Tapanui). A.:. No. Q.: Two years ago I sent my wife arid family to reside m another town to get her health back. I now find she is friendly with another man, to whom the children also are attached. My savings of £200 were banked m her name and she refuses to part with them. I can prove that the man kisses her and goes out Walking at night. What should I do?— "Fidelity^" (Ashburton). A.: As you do not to have sufficient evidence of ' adultery, and your object is to obtain the children also your savings, your best . course iis to obtain a decree for restitution. :■-..:' ' " — ~ —^

That will be disobeyed and you' can then apply under Section 9 for an order that the £200 and any other property your wife may have be settled on 'you. If she still refuses to return you can petition for divorce on the ground of her refusal, but you would stand a better chance of obtaining- the children if you could base your petition on misconduct. . .' .- • ■ Q.: Can I apply for Government loan to build while I have small half share' iri another property, the 'share being £200. — "Inquirer" (Wellington). A.: To be a "worker" entitled to a loan under Part 111. of the State Advances Act* you must not be the owner, of any land other than the land which you offer 'as security. You would riot be technically debarred if you. were prepared to include the half 'share by way of additional security m your worker's mortgage. ■ » .■ • Q.: I desire to leave /home because the climate does not agree with' me. Can my husband take the children of the marriage ?— "Depressed" (Invercargill). ■*', A.: The matter is m the discretion of the court, which will take into consideration above all else, the^ welfare of the children. ,'

>- — — : *~- WAGES AND PENSIONS Q.: Widow (63) who has resided m New Zealand for 26 years has property on which she resides, m respect of which the annual out-goings are £50. Her only income is £4 per , week from boarders. Is she entitled to an Old Age Pension?— "M.M." (Auckland). A.: As you reside on t}i© . property the value of your equity of redemption will hot be taken into account. It is necessary to determine your income which will be the net profit ' from the boarders less & 50. If the difference, does not exceed £52 you will be entitled to the full pension to be reduced by £1 for every £1 m excess of £62. Q.: (1) What age must a person reach before he is eligible to receive the old age. pension? (2) Is it necessary to produce a copy of birth certificate when applying for the above pension? (3) What amount of money may a person have m the bank and still draw the full pension? — "Query" (Mar ton). A.: (1) 65 if a man; 60 if a woman. He or she becomes entitled five years] earlier if there are two children under 15 dependent on him or her. (2) A statutory declaration. may be made as to age. (3) He may have property of a value not exceeding £60. j Q.: Is a widow who has no children entitled to draw the widow's pension, and if so how much per week? — "Shipka" (Abbotsford). A.: The widow's pension is payable only to widows with children. Q.: Is a widower, aged 60, with less than £50 m the bank, and living m a house, valued at £1300 eligible for the old age pension ?— "Croesus" (Sprey- j don). , A.: Yes. So long as the house is used as a home its value is not reckoned as accumulated property, but the applicant would have to account for income derived from the .house as e.g., by let? ting rooms. / MAINTENANCE ' „. , Q.:. My mother is a widow m receipt of a pension. Am I under any legal obligation to hand over my wages to her and am I obliged to keep her?— "Miserable" (Hastings). A.: If your mother is unable to support herself she may obtain an order under the Destitute Persons Act, 1910, for the payment by any near relatives of a certain sum towards s her maintenance. In the absence of any such order your mother has no absolute right to be maintained by you. Q.: If a man deserts his wife, leaving her with a few pounds which she holds m trust for him, can she sue for maintenance? — "Worried" (Christchurch). A.: The> husband is liable for provision of maintenance despite any small sum left m your possession. Obtain an order immediately rather than use the money you hold for him. V Q.: The mother of an illegitimate child marries. Can she claim maintenance from the father, and is she entitled to j past maintenance? — "Inquirer" (Greymouth). A.: Yes, the father still remains liable. The husband of the mother is also liable, but h»is liability is only supplementary, ©n the making of an order, past maintenance lip to £50 can be ordered. Q.: Husband is arrested and committed under warrant issued for nonpayment of maintenance for children. Will he be released on payment before expiration of term of Imprisonment?—" Constant , Reader" (Christchurch), A.: Yes. , Q.: Is there \any way m which a girl may compel the payment of maintenance m respect of an illegitimate child without going through the publicity of court proceedings? — "joe" (Lyall Bay). , > A l .: No.. The court is the only authority which has.the power to compel payment. Q.: Maintenance proceedings have* been instituted against me by the mother of an illegitimate child born m September, 1925. In December, 1924, she was keeping company with another, whom she subsequently compelled to marry her. She is not anxious to proceed with the matter, but is forced to go on by her father who, at the point of a revolver, forced me to make a written statement to the effect that I was the father of the child. Can I be sued for maintenance after the marriage of these two persons?— "A.C." (Gore). A. : The marriage of the two is not, of course, a bar to proceedings against you, but unless she has very definite evidence of misconduct with you, her case is very weak. The written statement was obtained by duress and would not be admissible against you, if you deny the truth of its contents. HOUSING AND RATES I Q.: A tenant vacated a house but did not hand over 'the key. Can the landlord charge, rent up' to the time the key is handed over? — "Woodend" (Dunedin). A.: So long as the key is m possession of the tenant he has access to the house and is liable for rent due. Q.: Can a county council alter the boundary of a riding with the result that a ratepayer becomes. liable for the payment of special rates, levied as security for a loan.— "lnquirer" (Dannevlrke). y . ' '' " A. : No provision is made m the Counties Act for consulting ratepayers before altering the boundaries of the ridings. WILLS Q.: A man died intestate m 1880 leaving a property, and also a wife and family who continued to reside on the place until the wife died m 1910, by her will purporting to leave the place' ,to the two y.oungest children. Is this will effective.? — "Inquirer" Owhango). A.: 'As the property was jointly occupied length of occupation gave the mother no prescriptive rights. Her will will operate m favor of the two youngest children only as to the share In the property which devolved on her on her husband's intestacy. Q.:My father disposed of his property by .will. After his death a letter was discovered which glave certain effects to one daughter, contrary to the provisions of the will. The letter was signed and witnessed by pne witness. What is the position ?,-r"Pa'rmer" (Waipawa). *A.: A testamentary disposition must be signed by two witnesses. Therefore the letter is not operative as a codicil tb"t\he will and the executors can take no notice of it. .