INQUIRERS' CORNER

NZ Truth, Issue 1126, 30 June 1927, Page 16

INQUIRERS' CORNER

ihiiii iiiiimimiimiiimmiiiii /*_. J-1..-J.,. j v.. IIIMTCDDDCTCR » .imimimiiMiiiiimmiiiiimitmiiiii iiiuiiiiiiiiiimmummimiimmiiii' wOnCHICteCI 0/ IIN I C n r IMi I un, •iimimmmnmmiimmmmimim Answers will be published as early as possible after receipt of questions and so far as possible m order of potation of receipt. All letters must be written m ink and be addressed "Interpreter e/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 ex* pense of placing matters inquired about m the hands of a solicitor for further action. <■■''■'..- No replies can be made by 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.

COMPENSATION . Q.: Are the dependants of a work- ! man who acts with wilful disobedience I and •' suicidal negligence, entitled .to compensation for his death under, the | Worker^. Compensation Act?— "Eh Timi" (Paeroa). A.: No. The , rule is that where the employee acts with deliberate disobedience, he is acting outside the scope of his > employment, and .no compensation is payable m respect Of his injury or death. WAGES AND PENSIONS Q.: Is a mother receiving ...the military pension of ii)/- a week entitled to ! the f lill old age. pension without re- 1 duction from theyformer?— "Subscrib- i er" (Ha velock North). A.-: Yes,, provided she' has^no other rrieans. MARRIAGE AND DIVORCE Q.: A. married couple have been separated for 15; years and have not seen nor heard of each v other, during that period. Can either party rer marry without obtaining a divorce?-— "A'nxioTis" (Te Aroha). A.: If one party has no reason to believe that the other is alive and has not heard of him or her for at least seven years, he or she is not guilty of bigamy m re-marrying, bu.^the second marriage will void if the first spouse reappears., . "••■••••

r : Q. : A witness m a divorce action malltes serious charges . against me m her evidence. Can I steps to secure an apology or withdrawal? — "Anxious" (Wellington). A ".' . A,: What the witness says m cSurt is absolutely privileged. -Unless you can prove perjUry you have np remedy. Q.: A woman, marries and gives her husband to believe she is a widow and has a grown-up daughter also married, but after marriage husband finds out she was never a widow nor even married, but married under the girl's supposed father's name. Is marriage legal?—"lnquirer" (Christchurch). A.:' The marriage is a. ul l c legal, Q.: (1) Would the fact that a married man kee p s company with a. girl be sufficient y ground for his wife's ob- , taining a (livbrce? (2) Ifj he was to leave his vv ife p.rmlrl lie nhtain a

divorce after three years ?— "lnciuirer" (Wellington). A.: (1) Not of itself, but it might easily lead to a separation and thus to a divorce. (2) No, the guilty party cannot sue for divorce on. the ground of desertion. ' ' Q.: (1) Can a respondent m a divorce action move to' have a decree nisi made absolute? (2) Can the parties, resume, their, relationship as husband and wife after the pronouncement of a decree nisi ?t— "Subscriber" (Auckland). , ; A.:7(l)7Yes, if the petitioner fails to move' for one 'month after date fixed. The decree majC; be made absolute without the petitioner's- consent. (2) No.TThe marriage is dissolved. Q.: I am destitute and desire to obtain a divorce on the'ground of desertion. How shoUld :I proceedi?-1--"Periniless" (Christchurch). .'A,;. Obtain the, opinion of a barrister.'on the 'case/ Alf he' is of opinion that you have reasonable grounds for proceeding m forma pauperis7applica7 tion should be made 'to the Court for permission to proceed m 'such manner.

g'IIIIIIIIIMIIIIIIMIIIMIIIIMIIIIMIIMIIIIIIIMIIIIIIIIIIIIIMIIIIIIIIIIIinIIiIIIIIIII Il''|, | TO YOU I | ANLY those questions .to 1 | " vhich the yvriter's narpe | | and . v II address are attached | | be answered m this column. §■: | The information is not neces- | | sarilyvfor publication, but is = = required as a token of good | 1 faith. If you don't want your i | name mentioned, you've only | = got to mention a norn de (.lume. = | So, don't forget to sign. '<. § | Sporting queries and ques- § = tions relating to recipes and | | fashions are not answered m | | this column — the' former are re- | | plied to on the sporting p-^es, I ;=.. the latter on the , womiH'i | ,| pages. ' I

OF GENERAL INTEREST

Q.: Husband ■ advances money to wife to pay off mortgage on her private estate, 7 She no.w. repudiates the liability. There isno written acknowledgment, but he has witnesses to prove tthat 'she received the advances and that she was going 1 to pay him back from rent received. Has he any legal claim?, — , "Inquirer" (Christchurch); > A ; A-: Prima facie' such payments by husband op account of wife" are as-, sumed to be. gifts, but if sufficient. evi-' dence can be called to contradict that presumption the- wife will be held ■ a trustee and compelled to repay. % 7Q.: I lodged my coat and scarf with the ; cloak room attendant at a dance recently, and >paid the sum of 6d7tq h^ye'it looked after. At the conclusion of the dance, the attendant was unable to produce the articles and; I have not yet recovered them. Have I an - action ajgainst. the dance committee?— "C.RlJ."„ (Newtown)..— '.'•;, , A-t'-'Yes. The fact that the committee charged a certain sum to take', care of the coat, imposed upon it the duty, of keeping it m safe custody. ' 'QV: If a man breaks off his engagenient to a 'girl, who is entitled to the ring?— "lnquirer" (Marton). A.: Where a gift' is made m consideration of marriage, and the mar-, riage .does' not eventuate, the, general rule is that the gift is not valid, and > 'the subject matter of it reverts to the? donor. ; Where, however, the donor is ithe party who has broken off! the engagement, he rriay lose his right tb the .si«s. 7" ■ " . , „ .- Q.: A contractor during his opera-; tions undermined my property causinig •it. to slip. He is' -now dead. Is his', estate liable ?t— "Anxious'? (Napier) . 7 ; A . A;: Yes, provided the, slip occurred within six months of the contractor's^ death.'.'-': 7 7. . .-■'■ „ • - 7;' AqV: A firm which had carried out cer'-' tain work for me, rendered an account, for- the lsanie. Several payments were made off this amount, arid then a fur-, ther account for an increased amount I'wa.s rendered, the .firm stating that a mistake; had been Tnade, m the first ac-. count/ . • Is the : firm entitled to render a second^ account m 'thisminneii!?— Reader" (Ashburtoh).. .'^ ■ A.: The: account is only a demandf6r'payment- and is not a" binding . statement of' the amount owing. It may.'-bfe. altered if a mistake has been made m >; Qi: Is an Undertaking' entered' into with a Roman; Catholic priest at the time of imy marriage, that I would bring: up my children m the Catholic faith,- binding?— " Bern; Adoree" (Tim-, aruV ' '„■■ ■••' '■■ ■ y 7n c '"■ ' " ■■'■7 ' A,: TNo. Such a .'contract is void '..-as, being contrary to, public pohcy; > ■ ',v V Q.rTHas.a buyer any remedy if the seller misrepresents his f arhi by making untrue statements to the, quality of the soil, etc,-— "lnquirer" (Nelson), A.: If , the statements ; we're mad.c. fraudulently the bujver can recover full damages. If the statements, 1 although; untrue, .were ' bona . fide believed to be -correct. . tlje; buyer's remody'ls. confined; 'tpijiiescissiori of - the coptract prior to, vA-- A ; ' ; -. .A;, -v. ■ „

I WILLS Q.: I have no children and my husband has not made : a will. Would I be entitled to his whole estate on his decease? — "Burnside" (Dunedin). . I A.: If your husband has neither mother, father, brothers nor sisters, J you would take the whole estate. If he has any of these relatives alive you will take £500 plus two-thirds of the! remainder. . j Q.: Can a* mother make a will m favor of certain daughters: without! making any c provision for one particular daughter? ■Is a „ gift to another daughter on condition'^hat she marries J a certain man arid li v %.with and looks after a deaf sister, vidid?— "Anxious" (Orohgorongo) •_ A.: In each case application could be made under the Family; Protection Act, for an alteration of the will. If, however, the ■, final distribution has taken place, it will be too late to obtain such an alteration. MAINTENANCE Q.: Three.: sons are allowing their widowed ; mother so much per weekCan a fourth son m a better financial position be: compelled to contribute?^— "Airman" (Christchurch). A.: Yes. Lay an. information under the Destitute Persons Act claiming contribution. .

Q.: I intend to start proceedings against my husband for separation and maintenance. Who will have to pay lawyers' and Court expenses?— " Penniless" (Wellington). A.: If you win ybu will be awarded the usual Court costs against your husband; but apart from ' that you are destitute and entitled to pledge his credit tor the whole legal costs of the proceedings.

Q.: A man charged with being the father of- an illegitimaite child agrees to pay 12/6 per week and pays for two years, although he has doubts as^ io his responsibility. Being now unable to pay owing to other responsibilities can he be made to pay without an order, and is it too late to take the case to Court? — "Subscriber" (Tuatapere). " ' A.: No. It is not too late for the moth er to lodge a complaint. Having:., paid .for so long it seems

' :. ha.rdly possible that he could successfully resist -an ordei. '•.•■ : . -'• 7' ;■■?!' | Q.:-My husband .turned ,me out of the home aiid left me money. Have I any claim for maintenance? — ' '/Anxious (Napier). ' '""A.: Yes, apply '^or a maintenance and guardianship order under the Destitute Persons Act, 1910. Q.: I have an illegitimate child m ■Scotland 14 years of age. His 'father is here m a good position. . Ca,n I compel father to support him until he is [sixteen?— "Rosie" (Wellington). A.: Under Section 14 of the Destitute Persons Act a complaint may be made wherever the child, is living. Your remedy may be barred, however, j under Section 8, which provides that no order shall be made unless complaint is made within six years after the birth of the child unless within the 12 months before lodging the complaint the father' has paid something on account or cohabited with the mother. But any. period during which the father has been absent from New Zealand is not to be counted m the periods of six years or 12 months.

-Q.: What is the maximum penalty for b'obkmaking? — "H.J.K." (Wellington). / A.: £500 or two years' imprisonment. (1920. No. 10, Sec. 2). -Q.: Within what period must an application for an affiliation order be made?— -'' Constant Reader" (Levin). A.: The. complaint must be lodged within six years from the date of birth of "theAchild.- ; Q.: Is it an offence to make a bet on. a sports ground? Can a constable who "Witnesses the transaction interfere ?- : -"lnquirer" (Wbolston). V A.: It is an offence punishable by a fine 'of £20. A constable may warn such persons to desisti and on their failing to dd so, may remove them froni the ground. Re-entry on such ground on the same day would render such persons liable ,-. to arrest without warrant.:. •■'•'■ 7" REPLIES IN BRIEF "Puzzled" (Dunedin): Twins. — "Tn - quirer" . (Tuakau): Yes. — "Maori" (Morven): No. The right of action passes, to the official assignee.—"lnquirer" (Newtown) : (1) it is not legally len titled to either name. (2) Not m the* ; : absence ; .o£ an agreement.— "Most Anxious" (Wanganui) ':' You Are entitled. Apply for security for your costs. -^'Mother" (Wellington),: No.—"Worried Mother" (Dunedin): She can obtain a maintenance order. — "Worried Mother" (Caversham): He is'? not liable, but if he pays the account he may recoyer the money from his people-— "Anxious" (Blackball) : If he deserted you, you are entitled to a divorce.— "Omega" (Greymouth): You may apply immediately, provided you have made a* sincere ' request for her return. See a solicitor.— "J.S.D." -C 7 ): You are not* entitled. — ".Constant Reader" (Whakatane): Yes. — ''Birth" (Wellington) : • You- must prove ypur' age unless it has been admitted inflie .policy . : — "Farmer" (Ngakawau): You are liable' for the payment of | rates.— "Hard Up" (Ohai) : The 'child itself can change its name. You qanriot.^A"Anxious" (Christchurch) :. See a solicitor and arrange to ! sue them.