INQUIRERS' CORNER

NZ Truth, Issue 1105, 3 February 1927, Page 16

INQUIRERS' CORNER

| |7"SSm"S.rSZZ I !!li' Conducted by "INTERPRETER." C,:!mm"nM!m!"m!!!"""!m!""mm""!"|| II Answers will be published aa early as possible after receipt of || || questions and so far as possible m order of rotation of receipt. =§ || All letters must be written m ink and be addressed "Interpreter" e| if c/o "Truth," Manners Street, Wellington. While we take no re- || 1= sponsibility for any answer. given m these columns every en* || jj! deavor will be made to see that they are absolutely correct. U §| Answers to legal queries must be accepted merely, as a || h 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 || || , solicitor for further action.. , . §1 1| , No replies, can be made by post. No anonymous inquiries =1 §1 will be answered, and inquiries of this nature will not be pre* || §| served. Frivolities and questions not of general interest will || || not be answered. || y jiiiiiiiiiHiiiiTiimitiiMiiiiiiriitiiiiniitiMtiiuiHiiuiiniiiiiiiiiiiiiiiiiiiiiimiiiiinlimiiliritiirittiriiiliiiiiiiiiiniiiiintiiiiiiMiiirililtMtltliiiliniiniillt^niiiiiuiiiiiiinin '""""'"""""'.ir.'.', I .!^^ iinmimiminmurammmnrimiuHiiminnrwmnimuniiciiiniiraniitinnniuummiiumiirwiiiiiirniHiiiHnniMiiiiiiiit/iiiiiiuiiiiiiHiiiiiiiiunv 1 " 111 ' 1 iiiiiiiimiiiiiiiiiiiimmiimimii»i»

HOUSING AND RATES Q.: A man agreed to rent my house , for three weeks. The terms were £4 per week, £4 to be paid upon clinching the bargain and the' remaining £12 upon taking possession. The first £4 was paid and then the transaction was cancelled by the man before he took possession. (1) Who is entitled [ to the first £4? Can I extract payment of the remaining £12. — "Interested" (Timaru). A.: The first £4 will be forfeited to you. (2) The remaining £12 has not I become payable because the payment of such sum was not due until possesion was taken, but you are entitled to reasonable damages for breach, of contract. ' t ■ Q.: Owner purchased a house six I months ago for £1300 and let it to me I for 30/- per week. He now .proposes to increase the rent to 35/- per week. Can he do this, and if I refuse to pay j can I be ejected? — "Fair Deal" (Dan'nevirke). . 1 A.: As the law stands at present the landlord is entitled " to charge a rent that will yield him 7 per cent. ' of the capital value of the dwellinghouse as at August 3, 1914, after paying average annual outgoings m respect of rates, insurance and repairs and allowing such sum as the magistrate thinks fit m respect of depreciation of the building that cannot be made good by repairs. After August 1, 1927, the capital value to be token Is to be the value not m August, 1914, but at the date of the application to the magistrate. In your case the owner appears to be well I within the limit; and if you do not pay you will be ejected. LEGAL , Q.: (1) What is the penalty for making a false declaration as to a girl's age for the purpose of obtaining a marriage certificate? (2) Is misconduct with a girl under the age of 21 an offence punishable with imprisonment? (3) Where misconduct has occurred between two persons, have the police power to compel their , marriage? — "Battling Siki" (Taranaki). A.: (1) Two years' imprisonment with hard labor. (2) Not unless the girl is under 16. (3) No. Nobody can compel their marriage. • Q.: Can solicitor who has a deben-

ture over a manufacturing concern wind it up without notifying the other creditor? Can the other creditor obtain a statement of the realisation? — "Creditor" (Dunedin). A.: /The secured creditor is only bound to account to the' mortgagor; he owes no duty to the other creditors. If they want to challenge the security or to obtain particulars i f refused their course is to have the debtor made bankrupt. ■ \

Q.: A woman doing a half-day's work m neighbor's house meets with accident. Can she claim compensation under the Workers' Compensation Act, 1922? — "Inquirer" (Napier). .A.: No. This is not employment within the meaning of the Act. Q.: If a husband and wife cannot agree, with the result that the wife leaves home, can she take the children with her?— "lnquirer" (Nightcaps). A.: The matter is m the discretion of the court which will, m making an order for the children's custody, have regard to. their best interests. Q.: A woman paid a £1 deposit on a coat and later a' further instalment of 10/-. She then left the matter for 5 months. At the exph-y of this period she tendered payment of tho balance, . b'tit' was informed that the coat had been sold for a small sum as it was deteriorating. What is the position as to the deposit paid?— "E.R.B." ,(Masterton). ' L A.: The action of the storekeeper was a reasonable one and you cannot recover the' 3o/- paid as a deposit. Q.: A salesman sells whisky on commission. Is he entitled to his commission m a case where the customer receives the whisky, but fails to pay for it? — "Wjhisky" (Auckland). A.: No. The commission is a percentage of the money brought m, not of the value of the goods sent out. Since m this case no money has been received you cannot get your commission. . COMPENSATION , Q.: An employee receives an injury m the,course of his* work and is laid up for 6 months. What compensation should he claim from his employer? — "Subscriber" (Spreydpn). A.: He may claim 66 2-3 per cent, of his average weekly earnings at the time of the accident, but the employer shall not m any case be liable to pay more than £ 4 per week. WILLS Q.: My grandmother died m 1912 leaving some' houses m . trust to pay the "rentk to my mother for life, the houses on my mother's death to go to the Church of England. Owing to my fathers recent death my mother is un-, able to live on the rents. Can anything be done to upset the will for ncr? — "Constant Reader" (Southland):* A.: Yes.. Applications tinder the Family Protection Act can now be made at any time— not as formerly, witriin one year from the date of r>ro- ■ bate. 1 Your mother should at . once lodge an application. If the facts are as, stated, very possibly the church will I not resolutely oppose the application. WAGES AND PENSIONS Q.: Does a widow receive a widow's pension before she is sixty; if so, how much for herself? I have 4 small children; how much do I receive for them? — "Argument" (Dunedin). A.: There is no age restriction as to the wi.dow. The' pension is 10/- per week for each. child plus an additional 10/- provided that no pension is to be granted of such an amount that the total incomes of the widow and her children together with the pension will Exceed £2 per week plus 10/- for each child. ' Q.: I have a son 18 years old who has lost the sight. of one eye completely and has poor vision' with the other. He was formerly m the institute for the blind, but is now helping on a farm. Is 1 he entitled to a pension?— " Holm" (Te Kuiti)^ ;."■-. - : ; A. :* Applicants to be entitled must be of the full age of 20 years and must be totally -blind. As to your own right to a pension oh the figures you give you' appear not to be entitled, but as they are incomplete. apply to the local Registrar of Pensions.

MARRIAGE AND DIVORCE Q.: In consequence of my wife's misconduct I deserted her and did not pay maintenance for my child. (1) Can my Wife take any action against me? (2) If she obtains a divorce, am I still liable for maintenance? — "A.8.C." (Manawatu). A.: (1) She cannot divorce you if you defend the petition. She can obtain maintenance from you. (2) Yes. Q.: A widow is left an annuity by her deceased husband. There is no provision re remarriage. "Will the allowance be altered or reduced on her remarrying?— "Avenal" (Invercargill) . A.: No. MORTGAGES Q.: I signed a blank mortgage form which was afterwards filled m by the solicitor. The terms included were materially different , from those agreed upon. Is the mortgage binding upon me ? — "Borrower" (Wanganui). A.: No. You may get it rescinded. Q.: My husband is dead and I desire to marry again. Would the second marriage be legal if contracted m my maiden name?— " Puzzled" (Dunedin). A.: This would not render the marriage void. G.ENERAL , ' Q.: A crossword puzzle advertisement m an Auckland paper stated that £55 had been deposited with the editor thereof for prize-money. It appears that a valueless cheque for that amount was actually deposited. The promoter is unable to pay the amount of the prize that I won. Have I any claim against the editor of the paper. — "Interested" (Auckland). ' A.: No. Your only claim is against the promoter. « : 1 "Competition" (Mt. Eden) : See answer to "Interested" (Auckland), above.. , Q.: A merchant supplies an undischarged bankrupt with goods for some years. In the event of a dispute arising can the merchant recover judgment?— "Knowledge" (Waipukurau). A.: Yes. Q.: I rented a house and instructed a plumber to clear the drains and to send the account to the owner. This

was done, but the owner, who had paid a similar account before, refused to pay on this occasion. What is the position as between ■' the plumber, the owner and myself? — "P erp 1 c x cd 11 (Palmerston N.). A.: You are liable to the plumber, but you may be able to recoup yourself from the owner on the ground that he has agreed by conduct to pay such accounts. Q.! I am one of a party of shear-

ers who worKea for a certain farmer, last season, the arrangement then being that we were paid individually by the farmer. We returned to the same mart this season and commenced work without any new arrangement being entered into. At the completion of the shearing we applied to the 1 farmer for payment, but were. told that the work had been let on contract to the head of the gang. We then applied to him but were told that he had no money. To whom are we to look for payment? — "Inquirer" (Otaki). A.: The onus is' on the farmer to inform you of any new arrangement, and since you had no notice of any such arrangement, you should look to the farmer for payment. ■ Q.: A person states to people m influential positions that I am unfit to pursife my occupation, i.e., to drive a motor-lorry. . What redress have I?— "Anxious" (Wanganui). A.: This is slander actionable per se, and you may sue for damages. , Q.: I was engaged to a man, who gave me several presents. He broke off the engagement and now claims the presents. Is he entitled to do so.?— 1 "Thinking" (Christchurch). A.: No. The presents were given absolutely and not conditionally upon the engagement subsisting. REPLIES IN BRIEF "Anxious" (Hawera) : No. — "Subscriber" (Frankton Junction) : (1) Yes. (2) Yes. — "Widow" (T.hames) : You would not get into trouble for this. Everyone is at liberty to change his name. — "Speculate" (Christchurch).: No. — "Owen Deed" ■ (Auckland) : (1) Yes. (2) No. (3) From.<£ls to £80.— "Egmont" (New Plymouth): This is quite m accordance with custom. — "Kiwi" (Wanganui): Get a solicitor to bring an action for the recovery of the furniture.— -"Constant Reader" (Auckland): Yes.— "lnquirer" (Dunedin): •Of course they can claim, but it is impossible' to say on the information forwarded whether they will succeed or not. They would have to prove a contract to v pay.— "Inquisitive" (Kaitangata): (1) Yes. (2); No. (3) Wages have > preference. — '"Handy Man"' (Westland) : "Write to the Commisioner of Pensions, Wellington. — "Live and Let Live" (Awarua) Plains): (1) Yes. (2). No. — "Constant Reader" (Bluff): Unless a special agreement has been made. one week's notice will be sufficient to terminate the tenancy. After that she is entitled to take her furniture. — "G.H.W." (Omarama): ,Carr and Halley. 31, Hunter Street, Wellington, are the agents. — "Russellite" (Wesport) : To ascertain whether any pension, is payable, add the capital value of the two houses let to £300, the bank deposit and for every £10 of the total deduct £1 from the full .pension, £45 10s.— "Interested" (Dunedin): He is looking at his own photograph.— -