CORNER

NZ Truth, Issue 1128, 14 July 1927, Page 18

CORNER

.MARRIAGE AND DIVORCE

PROPERTY RIGHTS

INQUIRERS' |'!!!Sa==rrJi"K Conducted by "INTERPRETER." I====^ \ . Answers will be published as early as possible after receipt of || I questions and so far as possible m order of rotation of receipt. =| 1 All letters must be written m ink and be addressed "Interpreter ll !c/o "Truth," Manners Street, Wellington. While we take no re- || sponsibility for any answer given m these columns every en- || deavor will'be made to see that they are absolutely correct.- |l = Answers to legal queries must be accepted merely as a j| I guide as to whether or not it is worth while going to the ex* =| i| pense of placing matters inquired about m the hands of a || 1 solicitor for further action. • ♦' ■ ... gi No'replies can be made by post. No anonymous inquiries |1 will be answered, and inquiries of this nature will not be pre- g = j served. Frivolities and questions not of general interest will || | not be answered. §1 . I i.,„',,,i,iiiii imiiiimuiiiiiiiiiiniiiiiiiiiiiiiiiiiiniiiiiiiiilililli tiinmiimiluiiiumliKi ■iiiliiniillHlliinuilllllllllMllillllllllllll tltl•««,"""*""!IS";""";"IIl:ii;" JKljim ' r <iiilmiiiiiiiMMimiiiiimimimiiiiiiiiuiiiiMi iiiiiiiiimm minim iiiiuiiiiiiiiiiiinwwitiiiiiiiniiniiiiiiiiiiniiiiiiiiiimiiiiiiHiiHi iiiiiiiiiiiimiiiiiiii iiiiiiimim"i«H"

' Q.:„ I deserted my husband many years ago in England. How can I find out whether he has divorced me or not? — "8.E." (Mount Albert). A.: You could write, and ask him. IC you cannot get into communication with him, employ a London solicitor to search the divorce records. Q.: (1) If my wife secured a divorce from me could she obtain maintenance also. (2) Could. I conduct my own case in -an undefended action? (3) Would it be possible to prevent the papers publishing details of an undefended action?— "G.H." (Christchurch). '".••'' A.: (1) Yes. (2) There would be ho case to conduct. (3) No. WAGES AND PENSIONS Q.: Does the fact that an old age pensioner is provided with food free of charge operate to diminish his pension by the value of the food?— "A.M.Z." (Waimate). A.: The Pensions Act, 1926, provides for diminution only where money in excess of £52 per annum is obtained*. Q.: My wife and^ have been in New Zealand for 14 years. Can we claim the old age pension? — "Hard Up" (Dunedin). A.: No; 25 years' residence is necessary. . "'-,'■--..'' MAINTENANCE Q.: I am in arrears with my maintenance. My wife is willing to return to me. If she, does so arid then, we separate, again will the arrears 'still" be owing?— "Digger" (Martinborough). J A.:, The wife by returning would .waive her right to the maintenance, and the separation' would no longer b% in force. LEGAL Q.: (1) Ik it legal for- local bodies to clear noxious weeds on public roads through private property out of rates. (2) What, is , the position under the latest Art, re sowing gorsc on Crown icifißG?— "Tasman" (Nelson). • .'■ "', i A.: H) Yes. (2) Steps must be ! taken to eradicate gorsr both on free-! hold and leasehold land. (f fin nncfDTiinsil

Q.: Troi the/ holder promissorj r note for ' the : sum of = £72 payable at a | certain date. Is | the note enfoVcc- § able ?—r"ln. Doubt" | (Taihape). 1 A.: Yes, pr o - 1 vided you attach - | a?nd cancel a 2d. | stamp. The draw- I er, of the note is | liable to a penalty 1 of £50 for failing 1 to attach a stamp. | Q.; A gold mm- | ing company is § 'threatening to sue 1 me fo r 't he' | amount of calls | due. How can I | ■evade payment?; — | "Anxious" (Wan- § ganiii).< |

A.: So. long as vunniiiiiiiuiiiiiiiiriiiiuiiiiiiiiiiiijiiiiiii the company is hot on the "no-liability" basis, you are absolutely liable Tfor the payment of calls. Forfeiture of the shares will ' not free you" from liability for calls due before the! date of forfeiture if th.c articles of the company so provide. ', Q.: I ha:ve evaded military training m New Zealand, and have been informed that this fact will prevent my leaving the country. Is this correct? — "Ignorant" (Auckland). A.: No. You are liable to punishment, but not to be detained m New Zealand 7 Q.: My tender to do certain work was verbally accepted and I made all preparations to commence the job. Afterwards the owner of the premises stated that he had found a cheaper workman,: and s th at he not require my sei^'ices? Is he liable for breach of contract?— " Plumber" (Taradale). ■A.: Yes, sue him Tfor damages for breach of contract. . MORTGAGES .-.- ■ .-j . ■.'*:'-. . \ . Q.: 7 My husband mortgaged the household furniture shortly before he died 7Am I responsible for the repaymentof -this money?— " Widow" (Kari:tane)7 . I'lf: •; '\ '. -■ A.: Whoever succeeds to the furni-' ture will take It charged with the repayment; of the money secured by it. '..' Qi'f What is the cost of extending a mortgage of £ 650?— " J.T." (Christchurch). ; A.: £3/3/-. 7 COMPENSATION . ,", &.: "Under the recent 'Workers' Com,pensatlon Act what- percentage of. wagesMs allowed during the period: of incapacity?"— " Reader" (Kopaki). ■■', ; A.: 66 2-3 per' cent, of average, weekly earnings, also reasonable medical and surgical expenses not -.exceed-: ing,£6o.. ; ':".7 7-7:7: '''.■■■ Q.: (1) Would compensation received by dependents under the Workers Compensation Act go to diminish a widow's pension? (2) What is the amount of 'the . widowfs pension ?— "Ronabuist" (Christchurch), . A.: Xi),;Yeif. (2) 10/-' per week with an extra '"10/ -\. m respect of each child, with' a! total .of £4 per week. 7;

Q.: I am troubled through having my neighbor's dogs trespassing on my property. Could I compel my neighbor to pay half-cost of a 6ft. iron fence, between tho properties? — "Constant Reader" (Timaru). A.: You could serve him with a fencing notice and if he refuses to comply, you can have the dispute settled by a magistrate. GENERAL Q.: A parent wrote to the Education Board which employs me; stating that by reason of nervous disability, 1 was incapable of teaching children. Have I any remedy ?— "A.E.R.V (Temuka). 7 A.: Although prima facie libellous, yet as the statement was made by one person to another having a common interest, you can only recover if you can prove express malice, i.e. for example, not only that the statement was untrue but that 'it was known to be untrue. • Q.: I am a member of the local power board, and am also the local agent, for the State Fire Insurance with wnlcn I the board has decided to insure Its I property. Will this disqualify me from | holding my seat on the board? — "Inquirer" (Huntly). A;: Any member "interested" m any contract made with the board is. disqualified. Apparently you arc- so- interested m the contract of insurance. The board should deal with the State Fire Direct and not through your ■agency. ■ ' Q.: How old must a' boy be before he if- onf.itled to leave home?— " Fair Deal" ■'(.Wellington); A.: There is no definite age within which a boy must remain at home. If he can support himself and lives a respectable life, he cannot be compelled to return to his home. ■: Q.: I instructed a man to obtain an article for hie on approval. He purchased it out right - ; Am I liable for the p"ic:e of this article?— "lnquirer" (Auckland). AY: If the agreement between yourself and your agent was definiio, yo:i .arc not liable, since the outright pii.chase was unauthorised. • .

iiiiiiiiiiiiiiiNiiiiiiiiiiiiiiii.iiiiiuiimii.n perty saved and the i merit of the services. If you can show the 'repairs... were necessary to keep the boat afloat you can include that item m the salvage claim. Q.: I have been charged by a moneylender what is* m my opinion an excessive rate of interest. > , threatens to sue me for such interest. Will he be likely to succeed?— " Constant Reader" (Avonslde). A.: No, the transaction may be reopened, by the Court and an equitable settlement of the matter made. There is no fixed rate of interest allowed by the Court. It altogether depends on the risk taken. * Q.: Can a girl 18 years old who does not agree and is not happy at homie be compelled to stay at home by her parents if she earns an- honest living and leads a good life elsewhere? —"Perplexed" (TeKulti) . A.: No. Q.: What is the remuneration of members of ; Parliament? — "Inquirer" (Auckland). A.: 78500 per annum. There is no extra remuneration for keep. Q.: Is a husband liable for calls on shares held by his wife m her own name?— " Puzzled" (Hawera). A.: No. . , .-.'■• Q.: Can a wife's will be upset In favor, of her husband ?— "Trustees" (Tltahi Bay). A.: Yes, provided the final distribution of the estate has not been made and provided there are good grounds. Q.: Can a trade union enforce a fine on a member for non-attendance at union meetings? — "In Doubt" (Brooklyn). A.:. If the union rules provide tor such a payment, apparently it is enforceable. INSURANCE An insurance company insures a boy under 21 years of age. and the boy pays a certain number of instalments. He is unable to pay any further premiums and wishes to) annul the contract and recover the money paid. Can he do so?— " Fair Play" (St. Albans). A:: No, the L,ife. lnsurance Act, 100S makes special provision for the validity of policies taken out by. minors;

Q.: I found a boat which had broken loose, and after keeping it for' three weeks the owner claimed it after I had put m a new side and two new ' boards to tli c bottom. Have- 1 any claim? -^"Constant Retid--er " ( Cjhr is t - church). A.: As you saved the boat you have under the law of salvage a lien for fair remuneration. Th c amount is fixed by the Co v rt, which acts on tho value of the pro-