INQUIRERS' CORNER

NZ Truth, Issue 1144, 3 November 1927, Page 16

INQUIRERS' CORNER

Conducted by "INTERPRETER. 1

II Answers will be published as early as possible after receipt of || II questions and so far as possible m order of rotation of rece'pt. g. II All letters must be written m ink and be addressed Interpreter || II c/o "Truth," Manners Street, Wellington. While we take no re- || 11 sponsibility for any answer given m these co umns every en- y II deavor will be made to see that they are absolutely correct. y II Answers to legal queries must be accepted merely as a y II guide as to whether or not it is worth while going to the ex- y 11 pense of placing matters inquired about m the hands of a || 11 solicitor for further action. ... ll II No replies can be made by post. No anonymous inquiries \\ 11 will be answered, and inquiries of this nature will not be pre- || 11 served. Frivolities and questions not of general interest will || ll not be answered. II

MARRIAGE AND DIVORCE Q.: I obtained a decree nisi for divorce with costs against my husband, but the costs are irrecoverable. My lawyer now refuses to seal the decree unless I pay him his costs, stating that my proposed marriage must be put off. Can I re-marry without paying the costs? — "Inquirer" (Nelson). A.: Yes. While it is your duty to pay, there is nothing to prevent you sealing the decree nisi yourself. WAGES AND PENSIONS Q.: Are there any conditions whereby an applicant who has not resided m the country twenty-five years and who is not of the stipulated age, 65 for men and 60 for women, can obtain an old age pension? — "Inquirer" (Ponsonby). A.: The qualifying age is reduced by 5 years m each case if the applicant is the parent of 2 or more dependent children under 15. As to the 25 years' residence required there are the exceptions set out m section 8 of the Pensions Act providing that continuous residence shall not be interrupted by periods of absence not exceeding 2 years and m certain other cases. The Old Age Pensions Reciprocity Act, 1913, provides that anyone resident m New Zealand for at leas.t 12 months can apply for a New Zealand pension and take credit for residence m the Commonwealth of Australia as if he had lived m New Zealand. HOUSING AND RATES

Q.: Can I claim one week's rent from a tenant who was paying m advance and left without notice?— "H.M.S." (Wellington). A.: In the case of weekly tenancies it has been held that notices must expire at the end of a current week of the tenancy. If the tenant left and you took possession on the weekly rent day and you were then paid for the ensuing week you would have n o claim to anything more

Q.: Landlord accepts a sum of £3 for two weeks' rent, and enters m rent book each week separately and initials same only. Is he liable under the Stamp Duty Act for not using a stamp? — "Tenant (Napier.) A.: At least two magistrates have held that that is not an offence. Giving split receipts is only penalized if it is done with the intention of saving the stamp. Here the landlord gave separate receipts because he was giving receipts for two separate weeks' rent. Q.: I rented a house at 12/6 per week. In May last I complained to the Labor Department and they advised me that the fair rent was 10/---per week. I have recently been served with notice to quit and have left the house, the landlord recovering judgment for the rent owing at 12/6 per week. Can I recover the excess?— "Constant Reader" (Dunedin). A.: Section 18 of the Housing Act, 1920, which first gave the tenant the right to recover over-payments is still m force. Assuming that the Labor Department is correct, you can bring an action for sums actually overpaid within six months prior to the date you file your summons. Tou should have set the excess payments off against the rent whilst you were m occupation, or. if that was not advisable, you should have set the claim up m the landlord's action for rent

WILLS Q.: Can members of family not mentioned m testator's will claim equal share with those who are? — "Fairness" Dunedin). A.: They have no such right. The court has a discretion to grant allowances to the widow or children of a testator under the Family Protection Act if it is thought they are not adequately provided for, regard being had to all the circumstances. The object is not to insure that all the children should have equal shares. It is m the public interest that the testator should | not leave any of his family destitute. JMAINTENANCE

Q.: Can a son and daughters m England and sons m U.S.A. be made to help to keep mother and father m New Zealand? — "Daughter" (Wellington). A.: As to the children m England, apply under the Maintenance Orders Act, 1921, which empowers a magistrate here to make a provisional order. This order is then transmitted to England and if confirmed by the proper authorities can be enforced m the English courts. As to the . sons m U.S.A. no order can be made here that will affect them. As to what, if any, steps can be taken m U.S.A., you should consult some solicitor m the State where the sons are living.

GENERAL Q.: Is a verbal promise without consideration that a person may have the use of land binding? — "E.G.H." (Auckland). A.: No, the promise is made without consideration and must be made by deed to be binding. Q.: Can a cycle dealer sell a machine which was left with him for repairs about a year ago? Nothing has been heard of the owner during that time? — "Inquirer" (Wellington). A.: He may dispose of the machine to defray his expenses. The balance must be held for the owner. Q.: What tax would a man be liable for with an income of £440, being composed of £270 interest on deposits and £170 earned income? Should dividends from income-tax paying companies be returned ? — '"Taxpayer" (New Plymouth). A.: Assuming that the taxpayer is only entitled to the general exemption of £300 and not to any of the special exemptions, the amount payable under the Act of 1926 would be 7d. m the £ on £140 or £4/1/8 less 10 per cent, of so much of this sum as represents tax on the earned income. Dividends from companies that have paid income-tax are not assessable, but nevertheless should be returned. In certain cases the commissioner must pay allowances to such shareholders and if the dividends are not returned the" allowance cannot be claimed. Q.: I work for a limited liability company and have recently acquired a few shares m it. Can the union to which I belong compel me to remain a member? — '"Screw Jack" (Invercargill). A.: If you were required to be a member before the acquisition of the

shares can make | no difference. You | cannot say that I you have, become 1 an employer. A = company is m law I an artificial per- | son — g ui t c di s- \ tinct from the \ shareholders. 1 Q.: A friend | came and asked = me for the loan of I £10. He left a 1 horse, saddle and I bridle as security. I Six months have I gone past and I I hear nothing from § him. I do not 1 want the articles. 1 What remedy i ha.ye I?— "C.H.C." i (Tologa Bay). 1 A.: Write to = him and tell him I that you will sell | the articles unless I he redeems them I within a certain 1 time. 1 Q.: Can a Couni ty Council withi hold ' a license \ from 4 driver who

has held two previous tickets and has not been convicted? — "Interested" (Blenheim). A.: The council is under a legal duty to license everyone who is qualified. If they act arbitrarily application for relief should be made to the court. Q.: Have managers of dairy factories the power to change their time of starting from say 7 to 8 a.m. so as to deprive their employees of any benefit under the Daylight Saving Act? — "Butterfat" (Levin). A.: Yes.

LEGAL Q.: A friend of the licensee's family on leaving an hotel was intercepted by the police and prosecuted for being on the premises. ' The constable serving the summons asked the defendant to see him before seeing his solicitor and at the interview persuaded the defendant to write to the magistrate at the same time promising 'o state the facts as lightly as possible. The defendant had to work, did not attend and was fined. Was the conviction correct and was the conduct of the constable right? — "Fair Play" (Wairarapa). A.: As he was the guest of the licensee's family that was justification forbeing on the premises. In interfering with the defence the constable acted improperly and no doubt prejudiced the defendant who, however, should have attended and given evidence. Q.: A building dispute is settled by private arbitration. Would it be legal or illegal to publish the award m the press? — "Flax Stick" (Huntly). A.: It can be published, but it is not within the list of matters entitled to qualified privilege as set out m the Law of Libel Act, 1910, nor would it appear to be protected at common law. If, therefore, it contains anything libellous your only defence if sued will be to show that it is true. Q.: I entered into a contract with a party to act as guide and to supply horses for a trip into the back country. In anticipation of this trip I refused similar contracts, but at the last minute the party decided not to go. Can I claim damages from them? — "Inquirer" (Dunedin). A.: Yes, you can claim the damages to the extent of the loss suffered.