INQUIRERS' CORNER

NZ Truth, Issue 1175, 7 June 1928, Page 18

INQUIRERS' CORNER

jSmmummmimmmmmmmmimmmn!!!; 1 Conducted by "INTERPRETER." SSnIRSiIZSSSSIIS is .-..■... ■ • . il || Answers will be published as early as, possible after receipt of || . 11 questions and so far as possible m order of dotation of receipt. |§ 1| All letters must be written m ink and be addressed. "lnterpreter" || || c/o "Truth," Manners Street, Wellington. While we take no 1| II 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 if If solicitor for further action. II fjj No replies can be made by post. No anonymous inquiries || - |1 will be answered, and inquiries of this nature will not be pre- || If .served. Frivolities and. questions not of general interest will \\ If not be answered. ||

. ■Tin'iMMM mimiiiimtiimnmiiiiiimiiim iiiiiiiiiiiiniiiiMl iiiiiiiiiiiuii Minium WAGES AND PENSIONS. ;Q.: The ownership of 1 the business where, we ax-e employed is changing hands 'at the end of this; week. Th< new proprietor agreed to keep us or but now states that she has obtained new employees. . Are we entitled tc a week's wages m lieu of- notice?— "Anxious" (Waipukurau). A.: Yes. Q.: (1) Is It a fact that the minimurr age a,t which an old age pension ma} be obtained has been raised to 65 ir the: case of a woman and 70 m the case of a man? (2) To whom is application made for the pension?— "Columbine" (Auckland). A.: (1) No. The ages are 60 and 65 (2) To the Commissioner of Pensions MAINTENANCE Q.: My husband deserted me and ] placed my child with my mother, paying her 10/- per week for it. I now desire to get the child back, but mj mother will not part with it. She threatens to ,sue me for maintenance Can she do so?—^"Worried" (Putaruru) A.: No. You can demand the custody of the child and obtain it througr the court if necessary. See a solicitoi and get him to write to your mothei about it. ' ■ ; ■ LEGAL.. Q.: I purchased' an old second-hanc car on the hire purchase system, tht price of the car being £40. I now re■ceive a letter from the owner stating ] am obliged' to pay a; premium of £ 6 or an accident insurance policy of which t knew nothing. (1) Can he compel m* .to pay the premium? (2) If I refuse to pay it can he take possession of the car?— "Contant Reader" (Marton). . . A.: (1) Yes., (2) Yes. Q.: (1) Is it possible for the fathei of an illegitimate ch/ld (who has married the mother of the child some years after the birth of the said child) tc ha.ye.the child legitimized? (2) Coulc the . child be . legitimized .without . th« mother's Signature .or consent? (3] Could -the mother still .claim . main> tenance for the child after divorce prp : ceedings (although she' has promisee not to do so providing the child -i: legitimized? — "Worried" (Manga:tainoka). ■ ' A.: (1) Yes. (2) Yes. Her consent vis nowhere required. (3) She could stil claim, but if you obtain custody of -the child you will not have to pay maintenance' for it. . - ;■ Q.: I entered' into an agreement witl a man.4hat he should manufacture me an inpupator .of,, 300- egg capacity When it "was completed it-turned out te be only 120-egg capacity. I agreed te give it a trial. in order to decide whether I should keep 1 it or not. It did noi

work satisfactorily' and hatohed no eggs. I returned it to the mariu- , facturer for adjustment. Since then I h.aye' had no. communication with him. (I) Ani I bound to take the machine? (2) Can I reclaim the deposit paid? (3) Have I any other remedy?— '-'Al- •; bany" (Dunedin): ,'A.r (1) It appears.' that the letter- * accom- : . panying- the machine' when it was returned for adjustment < constitutes .an accept^

ance of it... •■■ .If,' 1 ,;!;!;;; 1 ,""""""";""!!"™"!!!'!""!!!™!!!! after discovering •*"" . -.'■• ■ ' all the defects : m the-: machine, you ac - .cepUit, you will be 'bound by : your acceptance and you cannot therefore refuse to take it. (2 and 3) You can re^ cover either by set pff against the price or by independent action full compensation -for the machine not being according to order. ■ • ' '• Q.: 'A native holding areas of lands, leases -to Eui'opean and receives rents monthly. The said native owes considerable sums of 'money. One creditor issues -an order, of attachment against' lessee f rom ,'native. Tlie magistrate, will, not. make order of attach-ment-on griounds. that native land rents cannot be attached; The expenses ' of native and solicitoV's .charges vf or defending and : objecting- -to „the .^attach -■ merit- run to over £3. On the order of attachm.ent being- struck, put. by. the magistrate no costs were allowed. . Can an individual action be;.taken by native against creditor who issued attachment order .;&»•■ 'legal ■; expenses incurred?— "Arohunui'V (Hastings).- '• ';■':■. ; '■•f'A.:'. 'No." • This is a matter which should l)ave ; been- ..disposed at the hearing and cannot be reopened. . Q.: , A' firm; . obtained' judgment against me.' Since •, the date, .of the judgment I, have .been unable to pay as I have had considerable illness 'm my family and other expenses. Is -it likely that a magistrate would make an order on a judgment "summons against nie?' —"Twisted"' (Stratford) . •■ -V.f .. A.: If you can prove 'that you have insufficient :: money:- to pay. .no order will be- made. „■■■•■ p Q.: T desire to commence business I as. a, battery.' service station. .'Are there any' formalities, necessary, before doing sb?-^"Storage" (Otago).' A.V If .you employ labor* you will have to register 'the place as a factory.^ This,is all that is necessary. ■Q.: I gaye.a dress to a rein'Gsentati.ve of a cleaning Und dyeing works be renovated. SinCe the dress was not returned' I made inquiries and . discovered that /the '■traveller : .had ■ disappeared. Is the .' firm, liable for the value of the dress and for the amount I paid for the .cleaning to be. done?— • "Anxious" (Auckland) .'...' ; . ■. . " A. ■'.■■ Yes.,:. .■,:.' \ •'.; '■'.:• .' -."'.. . .'. ."^Q.:"! left -my car standing on the street the other evening^ It was on the correct . side of ,the road and the lights' were oh. pttring my 'absence, a bpy rpde into trie back of the car oir a bicycle.' Am ' I liable -ior ' the injuries received by the boy and the bicycle?— "Pajr'play" (Wellington). '- • ' .. , ;A.:»Np.. '■ . ■ ■■•'." '■ ;; ; :/".-. " PROPERTY RIGHTS, j ,Q.: A owns . a building built 1 7or 8 feet- off the, boundary line .of adjoiniiig section owned byr^B. >This building, has vviTjclows on thp side facing the boundary line. Sotnetliirie aftei" (m.; 1927---28) B erects, a- building dead flush -on the aforesaid boundary and also has. wiridoWs on that side;. (1) Can A ex^-' tend his. premises to the. common boundaVy line a"d construct facing Bs win-, dows; a solid: brick wall which has the effect vof completely eliminating- the light, '^.h^ air. which --B, enjoyoil, but which '.were", really -.derived from A's-section?,(2)-,Can A' foi-pe B to coat his •briek 1 ' wall >vith./a syitnble' refleriting •:cdmpquiid;.so'as : ,to'restore to' the maxi r .mfini^the ' light, which has been- diminiShei- by, ■ ; '.>B*£v-. il'ew; ; : building ?-r-''Light Air' 1 ' (Auckland);; ,; ; . . . • . ■ ,VaV:. .(i)'^esV' ; (2.^ : No; ', ; .^ ; ■- ;. .:■ ."'■ .

|| Still Liable % || Q.: I was ordered to pay 15/- || \l per week for the support of an if II illegitimate child. This child || || has now been adopted. As I if |l have since married I find it diffi- || ii cult to pay. Am I still bound II 11 to pay?— "S.W.J." (Lyttelton.) \\ || A.: Under the present Desti- || l| tut© Persons Act the 'making of || If an adoption order does not m || II itself affect an affiliation order || || already made. The father is || II .still liable to pay, but m prac- || 11 tice such orders generally lapse |f 11 on the" adoption, the adopting || ' if parents generally being able if 1 || and willing to support the child. ||

iMiiHiHiiiniiiMiitMMiiiiriiuiiiiiiiiiiiiiiiniHMMiiiiiiiiiiiiiiiiiiniitiiiiinmiiiuniiiiiiiiinMiiiiuiiiiiirTs iiiHiiniiiiiiiiiiiiiiiiiMijiiiuiiiuiiiiiiitiiiiiiiiiiiiniiiiiiitiiiiniiniiiiiiiiiiiiiiiniuiiiiiiiKliiilimnirHiiit^ MARRIAGE AND DIVORCE. i ■ Q.: I married some years ago and my i husband has since died. Recently I i married again using my maiden name. i I did not inform my husband of my i previous marriage. Is my present > 'marriage legal ?— " Anxious" (Wang*- - nui). ■ A.: Yes. • Q.;i If I marry under an assumed i name, would my marriage be void? — r "Mix-Up" (Hastings). » A.: No. • ! WILLS. Q.: Is the appointment of a woman as trustee under a will valid?— " Reader ' of Truth" (City). ' A.: Yes. Q.: (1) Is a will drawn up m England [ valid m New Zealand? (2) How long . after her husband's death should a r widow have to wait before receiving r her share m the estate ?^-."l)ilemma" 5 (Palmerston North). ' 'A.: (1) Yes. The law relating to \ wills is the same m New Zealand as .' m England, so that a will valid . m one i country will be valid m the other. * (2) This depends on the nature of the : estate. If it consists entirely of money, there is no reason why it shduld not be paid put immediately the debts are paid. If. on the other hand, it con- , sists largely of real property it may be years before the estate can be wound ; up. . ."•'•■ [ MORTGAGES. i ' • ■ : . i Q.: The mortgage on my property is ; now overdue. The sub -mortgagee is > selling up the mortgage. Will the puri chaser be entitled to force me to repay the principal or exer.cise his right of sale since I have paid the interest regularly ?— "Hugo" (Thames). . A..: He will be entitled so to do, but ' if you are paying interest regularly he 3 will .probably be willing to grant, you a j,- renewal of the mortgage. • 3 ,'&'■: 'Does the fact that I was a few }, dajp3 overdue with ,my insurance preS. miuitr entitle the mortgagee of my pro- . ■ 'perty to call up the principal sum? i iflnjt^e'pmv reimbursed the mortgagee 3 the.ainbunt of the premium. — "An- -■ MojisV (Wanganui). ■V',."^;:'';This is always a ground entitling 3 tjie, mortgagee to call m the principal l"arid m;- default to sell. . \ GENERAL. .. Q.: I am a shareholder m the com - i>. pany. m which. I am employed; my J salary being fixed by resolution at the • annual general meeting of the company } three years ago. I have voluntarily, at ) the suggestion of the managing direc- - tor, allowed wages and dividends to t accumulate, receiving interest thereon,

until they now exceed three figures. (1) Can my salary now be l'educed by the managing director 'at his will or must it be done at the annual general meeting by rescinding the former motion? (2) Can I compel the company to pay me all back wages and accumulated dividends before accepting a reduced salary?- (3) In the event of my joining, up with an opposition firm who are willing to buy my shares m

"!!!mimi!!m!!i'il"ii!i!"uM"!!HminMMi'i!m!n= order to secure the company refuse a transfer of my shares? — "Puzzled Finance", (Palmerston North). A.: (1) The matter can only be dealt \yithby the meeting- unless the articles of association provide otherwise. (2) Subject to any agreement you have made you can compel them to pay whether your salary is reduced or not. (3): Unless there is. a restriction m the articles you can transfer ■•; the shares to wh6m you like. . . Q.:\Why is" it that Mouatt, who' was charged some years ago m- Christchurch with the murder of his wife, was sentenced to imprisonment and hot ' hanged ? — "Curious" (Gisborne) . '.A.: Because he Avas found guilty of manslaughter only.- --' Q^:. 1 1 entered into a contract m a small business 1 1 carried on and lam now unable to fulfil it. Is my husband Liable" for the" money I cannot pay? — "Curious" (Devonport). <• "A;. I- No. ;. '■■■:■'■.'_ O..J' (1) Is a man who sees a dog worrying his sheep entitled to shoot it? (2) Can bprbugh council levy rates at their own discretion or is there a limit, set by statute ?— " Red Bus" (Waiapoa). . . - , • A.: (D'Yes. (2). There is a limit. REPLIES ;W, BRIEF :- ., "Argument" (Wellington): TS[o.—"h. W. )L .(Waltham) : Write Librarian. Turnbull Library, WelHngtoriu-y'Brook-lyn" (Wellington) : if the last payment was made within the s.lx year's last past, you. can be-sued^ and judgment can be obtained, for the fulj amount now pw'ing.—"Worker 11 .-- (Dannevirke) : It is not necessary to prove where the -money came :: from. You should : pay nothing until the xhouse is /completed. .To do so would be oriiy thr'p\y;jhg moneyi away. A. contract to build/a house; for an entire sum is an entire contract,^ ana the builder must completely perform it bof ore he can sue.— "Worried" (Palmerston): If .the sons have agreed m writing to guarantee 'their father's'; rent .or' if they agreed to, be directly liable to the landlord they will have to. pay.— -'lAn-* xious" (Shannon) • -You i can claim the balance:— "Constant Reader"/ (Northcote): You cannot ' be compelled to place spouting ; on'. the side, of- a- roof such ,as yours>— ''EX.-' (Masterton) : You 'are not entitled under tiie : general provisions of the Act, but yours seems to be a case m, which special applica-tion-might be'made under section 26, of the. Pensions Act.— "Worried" (Auckland): You are liable.— "J.H;G." (Oto-r rbhanga) : There is a sliding. scale according to , the value .of the land or mortgage. . \No definite answer can be given unless the amounts are sent.-?— "Constant Reader" ',(- ) : No answer ■can 'be given unless, you, specify the nature :. of the, injury-.-^— "Mother's Interest" (Tokorpa): You. should employ a solicitor to write t;o them asking what has been done: If nothing is- done Issue a writ ' claiming to haye the: trustees rempyed and tHe estate wound up by the, cpurt.^-V'W.F.R." (Dunedin) : Puke of York. ' '' ..,' •■' ' ; ; . " •'"