INQUIRERS' CORNER

NZ Truth, Issue 1147, 24 November 1927, Page 16

INQUIRERS' CORNER

HOUSING AND RATEB

-SSSS**^^ Conducted by »INTERPRETER/'r===^^ H

Answers will be published as 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" o/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 expense of placing matters Inquired about m the hands of m , solicitor for further aotion. ■ No replies oan be made by post. No anonymous inquiries will be answered, and Inquiries of this natur© will not be preserved. Frivolities and questions not of general Interest will not be answered.

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Q.: My landlord has decided to raise the rent, and as I have given notice can he still demand the increase? I have a written agreement of three months' notice on either side.—"C.F.E." (Kohimarama). A.: Your rent cannot be raised until three months' notice of intention to raise lt has been given. ,

Q.: I agreed to rent a house for twelve months; no lease was signed. After a few weeks I noticed borer m house and now wish to vacate It; oan I do so? Am I still liable for rent for 12 months without having signed anything?— "W.T.K." (Auckland).

A.: The Property Law Act expressly provides that . a lease for a term not exceeding one year may be made either by writing or verbally. You are therefore bound for the year. Your taking possession turns the transaction into a lease as distinct from an agreement to take possession at some future time. Such an agreement would have to be m writing whatever the term. LEGAL

Q.: I am 18 years of age ana living a very respectable \ life. "My mother and other relations have been sending all sorts of threats to me to get me to them. Please tell me if I can

be forced to go against my will. I am earning my own living and m a good home. — "Ignorant" (Green Lane).

A.: No,

Q.: I owe a tobacconist an account. About four months ago I left a watch with him to send away for repairs. Can he hold the watch until I pay the debt I owe him?— "R.B.E." (Mayfield).

A.: No. He has no lien and is liable m damages for withholding the watch.

Q.: (1) In the event of an unmarried girl dying intestate, how is her property disposed of? (2) Can a brother of the deceased claim gifts made by him to the deceased during her lifetime? — "Reader" (Feilding).

■ A.: (1) If her father is alive it will go to him. If she has no father, her mother will take one-third and her brothers and sisters will divide the remainder. If there is no mother, then the brothera and sisters will take all. (2) 'The brother will have no claim on property the subject of an absolute inter vivos gift to his deceased sister. Q.: My child was charged with theft but the case was dismissed. The Child "Welfare Officer, however, took the child and placed him m a home with-

informed me of his intention. The child is of good character. HOW can I get hi m back? — "A Broken Mother" (Temuka). A.: You are the victim of modern New Zealand legislation, which has little regard for the rights of parents. You will have no chance cf recovering your child until the superintendent of Child Welfare thinks fit to release him

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Q.: Can I sue ; m Sydney for an amount lent on p.N. note here m New Zealand? — A Constant Reader" (Hamilton). A.: Yes; if the party liable on the note is living m Sydney.

Q.: About 5 years ago I bought a property, the same solicitor acting for both parties. The property was subject to a re&iatered lien m favor of the local authority who had installed the drainage on the instalment system. Through an error the solicitor did not discharge the lien out of my purchase money and I am now called on to pay. What is my remedy?— " Scot (St. Kilda). A.: You must pay to clear the title but you can recover all sums paid from the vendor, also from the solicitor who was clearly guilty of negligence. Such an imposition though spread over a period of years must be regarded as an Incumbrance and not as m the nature of a rate.

Q.: Where an engagement is broken off by a girl who has received many presents from her fiance, .intended to furnish the home, can the man reclaim the presents?— " Urgent" (Wellington). A.: The Innocent party may claim the presents made m contemplation of marriage. The presents were made eubjeot to the Implied condition that the marriage would eventuate.

Q.: Would I be guilty of any offence m impressing by means of a rubber stamp, a small trade .advertisement on the back of all bank-notes which come into my possession, and, then recirculating them?— " Advent" (Pahiatua). ■ A.: You would be liable under the provisions of the Banking Act 1908, to a fine of £5 both for impressing the stamp and for circulating any note which has been defaced. You are the absolute owner of the note and there is no general law prohibiting you from defacing or destroying notes sucli as there Is .m the case of coins. It has been held that it is not illegal to divide bank-notes for the purpose of securing safety m transmission. But, although' generally speaking, you can do as you like with a bank-note, the Legislature for obvious reasons has ; specifically prohibited advertisements.

Q.: May a solicitor oharge extra for making out a detailed bill of coats?. A solicitor proposes to charge me £30 for commencing a divorce action not proceeded with and when I asked for a detailed bill said m .that case it would amount to £40.— "D.0.T." (Dunedin).

: A.: No. You are entitled to the detailed bill and when rendered to have it taxed. The charge at the lower figure seems excessive. ,

PLEASE READ

While endeavoring to give correspondents every assistance within its power, "New Zealand Truth" cannot turn the "Inquirers' Corner" into a column for settling personal bets and arguments over trivial matters that are not of general interest. These will not be answered, "Interpreter" will answer all ' legal questions and also those questions which hold more than passing interest and which are a help to readers. All others will be relegated te the waste-paper basket.

WAGES AND PENSION?

Q.i (1) I receive a blind pension. May I bank anything I can save out of It? (2) How much may a pensioner have m the bank before it will affect the pension?-— "South Islander" (Oxford). A.: (1) Yes, but such savings will ultimately affect the pension. (2) The pension is diminished by £1 per year for every complete £10 of accumulated property.

Q.: What is the earliest age at which a man may claim the old age pension? —"Anxious" (Dunedin). A.t 65 years, unless he ls the parent of two or more children under 15 dependent upon him, when the qualifying age is 60 years.

INSURANCE

Q.: I receive a wage of £7/10/- per week. I recently suffered an accident and since I am insured under several different policies, one insurance company with which my employers had insured me, refused to pay out on the ground that my wages and Insurance combined amounted to more than £8, and that, therefore, I was not a worker. Are they entitled so to do ?—"Combination" (Hastings). A.: No. Insurance moneys cannot be added to wages for the purpose of putting the insured outside the definition of ''worker" within the meaning of the Workers' Compensation Act.

WILLS

Q.: My mother died leaving her property to my lather for his life and after his death to me. My father disposed of the property by will. Ca» I have the will upset?— "G.M.H." (Hastings). A.: The will, so far as it purports to deal with the land is of no effect and the property becomes yours automatically on 'his death.

PROPERTY RIGHTS

Q.: I was unable to discover from any source . whatever, the identity of the owner of the land adjoining mine. I therefore proceeded with the erection of a fence. On 'subsequently discovering the owner of the next section, I endeavored to obtain half the cost of the fence from him. He refused payment on the ground that no fencing notice had been served on him. Is he justified m so d6ing? — "Section" (Auckland).

A.: Yes. The service of a fencing

1 A.: Tou may sue fiiiiimiiiiiimmiiimiiiiiiiiimmiiHih^ for damages, or,

if you can catch the cattle actually doing the damage, you may retain them and refuse to return them until the damage is paid for.

Q.: A certain lane has been ln continuous use by the public for about 50 years. An adjoining property owner now seeks to prevent access to It by erecting fences. Is he entitled so to do?— "X.Y.Z." (Temuka). .A.: No, the public have acquired the right to the lane by prescription.

BANKRUPTCY

Q.: In a case where a farming partnership files m bankruptcy, are the assets of the partnership liable for the payment of private debts on the part of one of the partners? — "Fair Play" (Ohoka).

A.; If there is any surplus after the partnership debts are paid, it may be applied to the payment of private debts.

GENERAL

Q.: An article m a shop window is marked at a .certain price. Can a boria-flde customer demand same, and ls a vendor compelled to sell same at marked price ?— "Wager" (Blenheim). A.: There is no obligation on the vendor to sell at the marked price.

Q.r(l) I hold a mortgage for £600 on property but do not own either house or furniture. How will that affect me In my application for old age pension?. (2) What is the maximum amount of accumulated . property from all sources I am allowed? (3) At what age is my wife entitled to the pension? (4) In the event of both applying for pension can the amount of accumulated property be- reckoned conjointly or does each have to account separately.—^'lnquirer" (Dannevirke).

A.: (1) This 'Will extinguish the pension. (2) The pension of £45/10/- per annum is diminished by £1 for every £10 .of accumulated property m excess of £50. (3) 60, or m certain cases, 55. (4) The amount of accumulated property each possesses is deemed to be half the accumulated ' property of both.

Q.: A boy found a £1 note on the street and handed lt to the headmaster of his school, who being unable to find the owner, passed H on to the school committee! The committee added it to the library fund. Is it entitled so to do?— " Fair Play" (Paekakariki).

A.: No. The money should have been handed to the police and not to the schoolteacher. If the true owner cannot be found, the boy ls entitled to the money.

sory. Service m this case should have been effected by affixing the notice on some conspicuous part of the section. You would then have been, protected. Q.: Cattle licensed to graze o n the roadside continually break into my property and. damage lt. What remedy have I? — "Householder" (O p v - nake).