INQUIRERS' CORNER

NZ Truth, Issue 1136, 8 September 1927, Page 16

INQUIRERS' CORNER

fZSSZZSSZESSS. Conducted by "INTERPRETER." <Z=l!:=i==Xn I Answers wNI ba published as early aa possible after receipt of [| ij questions and so far as possible m order of rotation of receipt. a 1 AM letters must be written m ink and be addressed "Interpreter" 1 | c/o "Truth," Manners Street, Wellington. While we take no re- || = sponsibility for any answer given m these columns every en- l| | deavor will be made to see that they are absolutely correct. - || I Answers to legal queries must be accepted merely as « I |l guide as to whether or not it is worth while going to the ex* || 1| pense of placing matters inquired about m the hands of a || || solicitor for further action. . • |1 || No replies can be made by post. No anonymous Inquiries || || will be answered, and inquiries of this nature will not be pre- if |1 served. Frivolities and questions not of general interest will || || not be answered. |I

AHiMimmmiiiiimiimiiiimMimim iiiimiiiimiiiiii iiiiiiiuhjiiiiiiihiiiiiiiii jnr LEGAL Q.: Does the fact that an innocent man has served a term of imprisonment remove the liability of the real criminal to punishment? — "Anxious" (Feilding). A.: No. Q.: I entered into a i contract to do certain work for a certain sum. After having completed part of the work, I found that I could not continue on the same basis. The other party refuses to pay anything until the job ia finished. Can I compel him to pay for what has been done? — "Anxious" (Invercarglll). A.: No. He has an action against you for damages for breach of contract. So far as you are concerned you cannot sue as the contract was an entire one and you must complete it before you can sue. 1 Q.: (1) Can two trustees of an estate make payments from the trust account without the concurrence of the third trustee? (2) Are these trustees entitled to appropriate part of the trust funds as wages? (3) May these trustees purchase stock from the estate without consulting the third trustee? (4) What steps should the third trustee take to obtain a fair share m the management of the estate? — "Subscriber" (Auckland). A.: (1) No, but they may make payments if authorised by the third trustee. (2) The trustees are entitled to an amount not exceeding 5 uer cent, on the assets realised by them, the amount to be fixed by the Court. (3) The trustees cannot purchase trust property m any event. (4) In the circumstances, the duty of the third trustee would be to secure the removal sSiMiiiiiiniiiiiiiniiuiiiiiiiiniiiiiimiiiii

of the other two 1 by application to | the Supreme 1 Court. 1 Q.: I recently 1 obtained a loan. § The solicitor who I obtained it for me i acted for both | parties and I did | not uplift the = money from him. I The lender now I demands the pay- 1 ment of interest. | Am I bound to | pay it, since I § have never made § use of the money? I — "Burry" (Auck- I land). 1 A.: Once the 1 solicitor has ob- ?

tamed the money and notified you that he holds it for you, he must be taken to be your agent and you are therefore responsible for the payment of interest. Q.: I have given a bill of sale over my furniture to a moneylender. Can' my landlady seize it for non-payment of board and lodging? — "Troubled" Palmerston North). A.: Money due for board and lodging is not like rent; it cannot be distrained for. Claims for rent take priority to registered bills of sale except m bankruptcy where the priority is reversed. Q.: If a man givos his property to his family, how soon could the family claim it and how much duty would be charged? — "Dunmore" OOamaru). A.: The assignees would be entitled immediately the deed of assignment comes into effect, but the donor can reserve to himself a life interest or charge the property with an annuity for his life. He can also reserve m the deed a power of revocation. The present rate of gift duty up to £500 is: Under £1000 no duty; exceeding £1000 but not exceeding £5000 — 5 per cent, of value of gift. Q.: Is a man responsible for his wife's debts contracted before marriage and without his knowledge? — "St. Kilda" (Dunedin). A.: No; except as to any property acquired by him on marriage m right of his wife. Q.: Are a solicitor's books tools of trade within the meaning of Section No. 121 of the Bankruptcy Act?—"lnquiry" (Levin). A.: Yes. WAGES AND PENSIONS Q.: I was employed at £5 per week and received my wages m full, for a certain period. After that I was not paid for two years. My employer has now paid me a sum equivalent to £4 per week for the two years. Can I claim the balance.? — "Constant Reader" (Mount Cook). A.: Yes. Q.: (1) My husband is an inmate of a mental hospital. Can the Government draw the amount of fees which az*e unpaid at the date of his death, from his estate? (2) Am I entitled to a widow's pension? — "Inquirer" (Riccarton). A.: (1) Yes. (2) If you have one or more children under 15 dependent upon you you are entitled to the pension while your husband is m the mental hospital.

GENERAL Q.: Can a man engaged as a gardener on a station be required to do any other kind of work not connected m any way with the garden?— "lnquirer" (Wellington). A.: No. The contract Is to act as gardener. Q.: I lost a wallet and advertised a reward for its return. Am I bound to pay this sum to the finder? — "J.Me." (Dunedin). A.: Yes, your offer becomes binding immediately the wallet is returned. The fact that the finder should have returned it without reward makes no difference. Q.: Could I accept a bill of sale over furniture given by the wife when her husband states that part of the furniture is his and he refuses to agree to the charge? — "M.S." (Auckland). A.: You would acquire no title to the furniture which does not belong to the wife. No moneylender would advance m such a case without both signatures. q!: What are the duties of a godparent? — "Conscientious" (Napier). A.: Their obligations are of a purely moral nature and there is no duty on godparents to provide for the physical welfare of the child. Q.: (1) Is it necessary to have a license to sell or take orders for any article manufactured by one's own self? (2) Can a person collect things for repair without permit or license and be within the law?— 'Tedlar" (Napier). A.: (1) If the objects are taken from house to house a hawker's license is required. If orders are booked this is not required. (2) imiiimmmm«mimmmimmmnnw| y eg# ip^ere is no

| particular statute | dealing with the | question. | Q.: I recently = purchased a I watch from a I fancy goods store. 1 The watch was 1 not guaranteed, = but -was marked 1 "reliable." Next § day the watch re- | fused to go. Have = I any redress? — | "Curious" (Kil- = bimie). | A. : No. There is i no warranty of | quality upon | which to take § action. j ijl Q.: I paid a de-

po^it on a bicycle, which I subsequently discovered, to be hired only by the vendor "What is the position? — "Worker" (Glenray). A.: The original owner is entitled to the article, but you may sue the hirer for the deposit. Q.: A boy 17 years of age has left home; he is able to keep himself, pay board, etc., and is behaving himself. Can the parents force him to return home? — "Curious" (New Plymouth). A.: No. On the other hand, however, the -parents will cease to be responsible for his upkeep. Q.: Have ratepayers any redress when loan money raised for a specific purpose, is devoted to other work by the council? — "Ratepayer" (Gisborne). A.: The members of the council will be personally liable for moneys which are misapplied. The audit office will deal with, the matter. Q.: My daughter was seduced by a fairly wealthy man. Can he be made to pay damages for seduction as well as maintenance for the child? — •"Fair Play" (Christchurch). A.: Yes, you can sue him for dam- \ ages for seduction if you can prove loss, however slight, of your daughter's services, due either to his keeping her away from you, or to her confinement. MAINTENANCE Q.: Is there any obligation on the members of a family to support a father who is m good health, but who refuses to work? — "Inquirer" (Dunedin). . A.: If he is able to support himself by his own labor he is not a destitute person and you as near relatives are not bound to support him. Q.: In a separation deed between husband and wife, is it usual to provide for payment of fixed maintenance for the remainder of the wife's life? If so, what protection has the husband m the event of ill-health or old age? — "M.A.F." (Dunedin). A.: Such deeds usually provide for payment of a fixed annuity during the joint lives, not during the wife's life, but it is all a matter of arrangement. Both husband and wife' can be protected by special clauses against a change m circumstances necessitating an alteration m the amount, e.g., it can be provided that m such case there be a variation m the annuity the amount to be settled m default of agreement by an application to the magistrate under the Destitute Persons Act or otherwise as may be agreed.