INQUIRERS' CORNER

NZ Truth, Issue 1198, 15 November 1928, Page 22

INQUIRERS' CORNER

IlilMMllllllilllJlllllllJilll^lllllllllllllllillilllilUlllliConducted by 'MNTERPRETE'R/^!i!l!!!!!l!!!!!:!!!i!!r!:!!!:!"m!::umM!"""!""|| || Answers will be published as early. as possible after receipt of || il questions and so far as possiblo m order of rotation of receipt. I| I All letters must be written m ink and/be addressed "Interpreter, || 1 c/o "Truth," Manners Street, Wellington. While we take no || reßbonsibility for any answer g'ivpn m these columns, every || endeavor will be niado to see that they are absolutely correct. || Answers to legal queries must be accepted merely, as a U i euide as to whether or not it is worth while going to the ex- || j pense of placing matters inquired about m the hands of a || j solioitor for further action. . : ... ' li No replies, can' be made by post. No anonymous inquiries if i will be answered, and inquiries of this nature'v/ill not be pre- ||. i served. Frivolities and questions not of general interest will || i| . not be answered. ' ' : ' : •-■ -.-■., '■• ' . ■- ■■'■.■■ ■■ ■ 11. . I '. ■ ■ ; '.-'.■ ■■•■ ■ ■• : - '■.■•■■■.•• ■'■-..■■ ■ " ■ ■■ '■ ■■•■'.•■■■ li •

§r,uimNimiiiiiHiiiMiiiiliiiiiiiiniiiiiiiiimiimitmmiiiiiiiiiiiwmiiiiiiiiiiiiiiiimiiimiiiiiimiii. . ftlimmi mitiwimimimiiimimimiinmmmimii miiiiiHitiiimiiOiiiliiiimini i MARRIAGE AND DIVORCE. Q.: If a stop-daughter marriesjin her slonfather's name is the marriage bihcllng?—"Aiixip.us" (ChHstchurch). A.: The marriage is absoiutely. bindInfif, If, as she proposed, she disregards it. ancl remarries she will get into seriOU3 trouble. '■'..>■, '■■■•.. .' '■' ; PROPERTY RIGHTS. 1 ;Qi ; _ Tiiere. is a miie of :post and wire fence between me and my neighbor, which is kept m repair by bbth of us from 'end to ! ertd. , Through a f few. wired getting broken his 131111 gets on to my land and' causes damage. Can I re-cover?—-"Constant Reader" (Southland). ;:•..;■ .■ •-■■•.•.: . •; A;: As ; you were equally with your neighbor under a duty to , repair, the fence;,you cannot recover. ." Q.:I paid a! deposit on the purchase of -a property;' but subsequently rescinded for misrepresentation. The deposit was paid to the vendors' agent, r have' been refunded the deposit: less the agent's', commission.— "Had" (Wellihgton). .. .':' . /. '-'- A. : There is no. contractual, relation between you and the vendors' agent. You can sue only the vendor himself. The agent 'is quite justified as against his employer m paying him9elf out of the. deposit. ' , MAINTENANCE. Q,: Is gi-andfather liable : for maintenance of son-in-law's children? The son-in-law has .Had an orderimade out against him; ; but .th^y : are unable, xo find hup. The daughter is unable: to pay.— "Constant Reader" (Hastings). ■;A.:. .Yes.' '!.-' ■ ; . , . ;■,.'-.'; legal. ■....■.- ■■"__ ;■■■■■•■■ , ■'■"•'. . ■;' ..\ Q.: • (1) Within what time ,after birth must a child be' registered?,- (2) 'lf" a child is bdrn m Auckland -can -I have it registered m Hamilton? (3)i Must the date of marriage be filled m the certificate ?^- < 'F..5." (Auckland); , A.: (1) Within .62 days under penalty of a fine not exceeding £10 but the fine may be remitted. if the birth is registered within six months. (2) You must register the. tirth. m the! registration disti-lct.ari which .'lt 6ccurs : uni^ss you can satisfy ,ihe registrar ' of some 'other

""•••■ •!■!■•" ■! iittititiu'iMMi'ti tin ■•■•■'•■•'■• i ■uii'ii" »»!•■■••■ mi ■■•••uumitiMtnitititninn iiti n ii»i»'E_ WAGES AND PENSIONS. : .• Q,V Has the .law been recently ' amended -'to provide that an old age pensioner can earn more than £1 per week?— -"Constant -Reader" . (Ne\ytown). ( . ;''. ,.. ; a.-: No. "■.. • ;..■•'•: .■.•",..'.-.■ . "' r ,Q.: Is i'a woman ivhose husband is m the Old People's Home, and therefore unable to pay' maintenance entitled to a- pension; for- herself and child three years old ?'— VAnxious" (Wellihgton). : A.: No., It is only m the caso of the husband's committal to a mental hospital that the wife' i-anks as a widow for- the" purposes of the Pensions Acti \Q.: I, am "a widow with two children and am drawing the- widows' pension of 30/ i a week. I also receive from the Public Trustee: an income of £6 a month. What ambunt of money can I have m the P. 0.5.8. without afCectirig my pension ?— "Mother of Two" (Hbkitika)'. . . A.: For two children you are allowed£l.s6. per> annum. You are receiving. £78 plus £72, or £150. You can therefore have m the bank such sum aa will yieldnot more than £6 per annum. Q.: I am a sharemilkei* receiving 1-3 of milk cheques received by my. employer from a cheese factory. He is a shareholderMrt the company and I. am not; is he entitled to deduct sharemoney from my 1-3 share? — "Sharemilker". (Wairarapa). ■ Al: Ifby share money you mean calls on his shares which the company collect by deduction: then as the shares "are the employer's, property; it. is plain that he cannot deduct the amount as against you.. -. GENERAL. Q.: Requiring a £500 loan, application was made to a solicitor, who knew of a person with this sum available m the bank, and he completed the transaction. Am I liable to pay a procuration fee of 1 per cent, m addition to his charges?— "Z" (Gisborne). A.: Except m some few places such as Auckland, it is not customary for New Zealand solicitors to charge procuration fees. The New Zealand Law Society's scale allows a solicitor who has special trouble In 1 raising- a loan' to make an extra ehargtt for the work

district that .that, . WOUld involve COnsiderable 'delay or' expense;: (3) Yes. ©There an neaxed m I: 'iocal paper an advertisement _ calling for scenarios for a comedy and offering, a£s prize for, , the best, -^^e^jl were no condi-1 tibns. I competed and my production was. .submitted to the judge, who. has written me that mine was the only one bearing. any resemblance to a seen r ario, but that, it had to be rejected , because of th c cost of production.—"Scenario" (Waiuta). A.: The prize WaS tO be given

i done—not. on tne | Commission . basis but on the basis of payment for the- extra work, pTour. remedy is tor for the fee ™\ %°r f IJJ, '"■ fluntad" His only defence is i°os- °£?* c £ aiow-that S'4? Fe s ar undpr fhf custom of the f^ v. stom or tne ■«"«"«• .. „ • Q.: I'consigned sheepskins an d cowhides to a w°ol "br ? k \J} ? flrra fol' ssa le.- T^ c m"m m addition-to. 5 -per cent, claim to de d u,c t the trimmings and also tare of 41b. on each .hide. Am I bound by this alleged trade cust<O ift ? — "COCky

to. the, best. There . was no condition that it was to be suitable for production. You .should sue; the people insetting the advertisement.. . '.■'. . , Q.: I have had an amount sent to me with collecting 1 agency tee added. Am I liable for the. fee?— " Doubtful" .(Christchurch). • . . . A.: If the creditor sues you will be liable, for legal .- costs as per Magistrate Court scale.: Under no .circumstances are you bound to pay fee 3to the agency. Q.: I paid a lawyer £5, the' sum ihe -asked, to take out a summons, hut the defendant cannot be fburidJ Am I entitled to any refund?— "T.W." (Wellington). .■-'■■ ■■■-..■ , A:: You are entitled to an itemised bill of costs setting out exactly what the solicitor has done, and you have the ; right [to have the bill taxed. The solicitor must refund any excess. Q.: I married- a woman many ..years ago; • I knew she then had a husband living, and lie is : still alive. I tendered for a section m her. . name arid built a • house . on it with .my own money. We: have now separated. Have I ..a claim to the house for the. money spent?— " Very Perplexed" (Utlku). . . ...'A. :'. Such payments as husband and wife ."'are" presumed- ;' to be gifts unless ••.-the' contrary can be proved> .If you, attempt to meet this by ■setting up that the marriage was really Void, j'ou'will.be met. with the answer that r . you : paid, -the .], money "for ah : immoral ' gbnsideratlpn and the law will riot , help you to> recover it; ','.''..'.- . , \', , .Q;: What is the /estate . succession arid any, 'other ; duty chargeable on an estate ; of .£4922;05.; 3d.?—'^Yery;;Puzzred" (Palmerstori North) ; , ■'-„ ' ■ r A;: "i'he estate ,' duty .'is 4 per : cerit. The fee on sealing, probate ,is■ £5. The succession duty' cannot' be calculated without ; knowing ': the : shares of the,. legatees •and their '■'relationship' 1 , to the ; testator: ' ; . /''."'■' ,\ •-':-"' ' '

.•. r (Mas.terton)'. ■ A.: In the, case of. 1 wool tare and draft to cover the weight of the pack is proper but it is hard .to see how it. can be justified m the case of hides and skins. In. any case, .41bs. is obviously excessive.---•If as you say no allowance was made to the buyer you are entitled to a refund. The trimmings belong to you. In the London wool'-.- sales; sweepings and samples are always credited to the y.e.ndpr. . . : . Q.: If a man has signed cards for iquor to an hotel; proprietor can the hotel" proprietor sue him for amount? — , "Takten DojvnV (Wellington). ; .'A.: If the liquor has been supplied for consumption on the premises the proprietor cannot recover. But if the [ person supplied is a bona fide lodger m : ; the house, the proprietor can, under i Section 169 of the Licensing Act sue s for and recover "the value of liquor supplied m moderate quantity with , meals." Except as stated the licensee [is prohibited, from selling, on credit m [ the same way as he is prohibited from - selling payment m advance. • ':'<&.: Is i it legal for hospital boards to i-. Inquire . direct from a patient's : em- ' ployers the amount of wages he is receiving T-^-'^Annoyed" (Dunedin). A.: There is no legal objection. . Q.: What compensation can be claim- • ed if a man cut the upper part of his •' left thumb ' off just the joint whilst at: his work?— "C.P." (Palmerstori North). :'• A.:; 15 per cent. 'of the amount that would bepayable if he.hadbeen totally 'incapacitated.'" "'■"■ ''. ' ' / ' ' . ' .' . Q. :' ; How ■ c'd n' I change my name.legally and without publicity?— "J.A.H." (Kiripaka). '■; . ? -' A.: The' usualmethod is to file a deed m the nearest.-,. Supreme Court bfHce stating, the ; fact of the change and to advertise the alteration. But as the advertisement is not necessary it can be dispensed with. ■" • . ■■'■ ' •:■■:- ■:■ ■ •;-."• '■.■'-••■ '■'• ; f ' ' ' '