BRIEF REPLIES TO CORRESPONDENTS

NZ Truth, Issue 1199, 22 November 1928, Page 22

BRIEF REPLIES TO CORRESPONDENTS

"Anxious" (Waltham): Widows 1 , pensions are only payable whilst the widow is residing m New Zealand, fcfut the child's portion ought to be paid. If necessary) apply to the magistrate under section 26 of the Pensions Act.— "Slaughterer" (Waiotira); No. He acted with the consent of the owner. — "Barman" .(Auckland): You have no claim against anyone. — "Anxious" (Ashburton.) : The father is mno way responsible. .Unless the cycle was a necessary, »which is unlikely, you would not succeed against the boy. — "Constant Reader"- (Hunterville) : (1) The marriage certificate will be sufficient. (2) 1 No.— "Sammy" (Wellington) : It is not clear that you have any Claim for* misrepresentation.- As it waa»a patent article you should have known the patent would expire some time. — "Hadlow" (Tlmaru): On the facts your wife is guilty of desertion. You cannot force her to return. Your remedy is to refuse to support her whilst thd desertion continues. You can sue for restitution of conjugal rights, and .if not complied with divorce her, m which case you should be awarded cust6dy of the ' child.— "Pax" (Gisborne): He can call a special general- meeting under the power m the articles and have the matter discussed at the meeting and the directors questioned. The directors are personally liable for losses arising from loans m excess of powers and a writ can be issued.— "Stoney Broke" (Hawkes Bay)': The filing fee is £6. Apply at office of Supreme Court. There is no limit as to amount wijere the debtor files. The exemption for furniture, tools of trade and clothing is now £50. — "A.H." (Palmerston North): 25 years m New Zealand, In the case of a woman the age Is 60 years or 55 years if she has at least two children under 15 dependent on her.— "A.S." (Gisborne): *You are entitled to two-thirds wages 'during the ten weeks plus £1 medical expenses plus an allowance lor the permanent injury to your thumb and finger. The allowance is .based on two-thirds of the difference between your earnings before and after the accident. Had you lost your thumb or finger or part of either you would have been entitled to the fixed percentage under the second schedule. You must show some loss of earning power. — '■ "CD. Anxious" (Riverton): You are liable for the account. Tne iast sittings were July 31 and the next November 13. — "Puzzled" (Brooklyn) : The will is quite good subject to any right the wife may have to an allowance under the Family Protection Act. In <the circumstances it is not likely she would be awarded anything. You can dispose, of the property as you

like. — "Lonely" (Christchurch): -\ You will .have to | •wait two years : more.— "B.S.O.F." ,| (Picton): If you . j can establish that | she disregarded ! your instructions 1 you have a good i right of action for } | what you ha ye I l\o St. — ''B.H. " i (Wellington): If I the .^agreement I were that, you I were to be repaid j you can s uel-r ] "Quandary" (Wa- ' j nga n v i ) : You j must serve a j fencing notice un- f der section 12 of f the Fencing Act i specifying t.he f kind of f c n,.c c I ybu- want erect- »

cd. Each of the _ other owners has ,21 days m which to' object. If you ,cannot. agree the question must be referred to, the court. There is no standard fence. — "Wanganui" (Wanganui) : Although legally liable it is very improbable the magistrate would make s an order.— "Safety First" (Petone) : Unless you had a permanent engagement he was entitled to give you notice without giving a reason.— "Wellington 303" (Wellington): The will is quite m order. — "Old Subscriber" (Morrinsville) : Injunction is not the correct remedy. ■ Warn them to keep away and if necessary apply for sureties of the peace. — "Veracity" (New Plymouth):' Write direct to the authorities m Australia.— "lnterested" (Waipukurau) : Yes.— "Shearer" (Darfield): W. Higgins holds ■ the New Zealand and world's recori with 406 sheep, shorn m nine hours; also holds the record of 23 sheep shorn m 20 minutes. — "No Dividend" (Lower Hutt): Cannot say without more in-, formation upon the subject.— "Avron" (Parnell): Both arguments are wrong so far as elevation is concerned. The tail rudder (and not the wings) is used for climbing or' descending.— "States" (Dunedin): Your best plan is to write to the High Commissioner, Straits Settlements,- Smgapdre.-^'X.L.." (Kawkes Bay): You can demand the particulars. — "S.C." (- — ): .Although; .you pay inadvance you : must still, give' a week's notice. You cannot therefore reclaim the money— "L.M."" (Wellington): The police will not. help yqu. What you complain ot is a legal nuisance. You are entitledtd an injunction and damages, but you will have to 'take . action yourself. —"lnterested". (Hawera): (1) You can hold the dbg until paid. Sue for. the amount due and have the dog* "sold under, distress /warrant on the judgment. . (2) There, is no liability .— "Aussie" ' (Mastertoh) : . If the Australian law is the same /as ours she can sue for alimony after the decree. She is also able to recover ' the arrears on the maintenance order up to date of divorce.— "W&ingake" (Gisborne) :■ 3t is quite legal.— "Middie"' (Christchurch) : Write to .the Naval Intelligence Officer, Customs Building, Wellington.—"Clarence" , (Inyercargill) : If the first mortgage contained the now usual .clause requiring -a purchaser to sign" a deed of covenant the charge will be payable by you. — "S.G." (Rahgataua): You are '..bound- to pay the rent at the landlord's office. You will have to le.ave at'^he end pf the notice or go on paying the increase of rent The rent ' restriction legislation does not apply^- ; -"Justice" (Nelson) : It . was admitted" that the accident arose but of .the employment and. if you can prove that your earning power has been; reduced as a result of the acci•deht you seem ; to have a good claim for . adlaitibnal, com pensation. Medical evidence also iwoul.d ;be necessary.— "Old Subscriber" (Dunedin): ■'. The children being practically grown up the actions complained of do not amount ■to harboring. ' The other matters are irregularities merely-^-you have no cause of action.— "R.B." (Cheviot): As •she bought it m, her own name, you are riot liable. : If they attempt #0 take your o.wn things? consult a solicitor.^"Uncertain" (Christchurch) : You are m no way liable.— -"Horseshoe", (M-ata-reki): The partnership before dividing pvoflts should allow you the same wage as tliey would hayo to pay a

stranger doing the same work. You cannot very well claim for paHt years. —"Curious" (Clive) : It is , quite In order to adjourn as suggested. The retiring chairman must preside until his successor is elected. — "CKB." (Greymouth): By a survey at. the expense of both parties. — "Voter" (Gisborne): No. — "D.8." (Tangarakau) : If you leave your husband cannot force you to return, but if he can show that your withdrawal is not justified he will be excused from supporting you and ultimately will be able to divorce you.— "Anxious One" ( — — ): Sue for the arrears and for possession. — -"3d. a Week" (Christchurch) : . In the . circumstances you would not be penalized, See th© police. j-"Alf." (Christchurch) ; If your wife has deserted you you are not bound to maintain her and should defend the claim. If you wait another year you can petition for divorce, not on the ground of separation, but for desertion. You can also sue at once for restitution of conjugal rights. — "Bill" (Taranaki): If the legal place for payment is the solicitor's office exchange must be added by the payer; otherwise not. A solicitor transmitting money to his own. clients woul^l not' add exchange. — '"Cliff." (Napier): It is quite legal and quite usual for a husband or wife to appoint the other executor . and beneficiary, as well. — "M.P.N.0." (Oamaru): On your statement of the case the widow has a right to a refund^ Before the solicitors could maintain their position they would have to show a clear agreement preferably m writing and that it was understood by the client. The onus would be on them. If the transaction had been a deposit at call the solicitors WOUld have given a .proper receipt and have invested the money m their own names. — "Subscriber" (Gore) : Make a list verified by a witness and send her a copy asking her to give directions as to disposal of the goods. — -"Constant Subscriber" (S^enham) : Only the petitioner will have to appear, but it is usual to call at least one witness to corroborate - the separation. Costs about £30 altogether.— "H.P." (Port Chalmers): No. Repealed . several years ago.— "Puzzled" (Wellington): If theglasses were necessary the boy is- liable. — "Student" (Hawera): JAny untrue statement made knowingly is punishable.— "Third Party" (Winton): Death duty must be paid. .. The wife will oniy take the whole if> there are no children, father, mother, brother or sister of the deceased him surviving. If there are she will t only receive a varying share. — "Wondering" Lawrence) : It is not compulsory. — "Blowhole" (Te. Uku): 75Ibs. per square inch, providing the tyre would stand it—

"Akarana" (Auck- "| land): Unless II there is anything il m the terms of || your tenancy to :| the contrary the || liability- to replace ;1 the windows is II yours, not th : e 1 1 landlord's. il . only .remedy is to ;| proceed against if the children, 1 1 trusting: to their i I parents paying. — [| "Ho v s e>vi f c": \l (Wellington) : Un|l less •' the ■ agi-ee-\l me n t provided II that you could i v eII turn the eleanor, || they can sue you || for the whole i| amount.- — "Anxil| ous" (Masterton) : || She can vote In '"? the man's name.

— Anxious Fred ' (Christchurch): You are legally liable if the . vendor or an agent notified you that * your reduced offer was acd'epted.* However, as you paid no deposit, it is not likely that they, will proceed.— "lnquirer" (Auckland): (1) You can have no claim for slander- as you cannot prove the words. (2) You can have no claim without showing that the matron knew of the defect and even then your right would be doubtful.— "Good Advice" (Palmerston North): It is impossible to say without "a copy of the statement. 'Such a document to be a valid declaration of trust should be m the form of a deed and would be liable to stamp duty.— "Mrs. J.C." (Mount Eden): AH'- the family , if able are bound to contribute. You should issue a.summons 1 against the two sons. If you have no money the clerk of the court will probably issue the 'summons. If the sons want to settle but of . court they should sign consents to orders and therfe will be no publicity. — "Peaceful" (Hastings): The position of fowlhouses may be regulated by the local by-laws. As to this, consult the local authority. If there is no by-law, the. rule is that a man can erect a fowlhouse anywhere he likes 'as long as he does not cause 'a common law nuisance to his neighbor.— "N.S." (Mauriceville) : Yq.ur neighbor is entitled to do as, suggested, but he cannot compel you to remove your bull. — "Constant Reader" (Petone): You are not responsible for breakages caused by the contractor.— "Worried" (Wellington): You are not bound to attend m court unless you like, but if you do not the magistrate will probably refuse 1 to make an order. It is unusual for the complainant to have to attend where a consent has been filed. — "Tired" (Fernhill) : If your husband is living m a foreign country a New Zealand separation-order would be of no use to you. It could not be enforced. If your husband wrongfully .deserted you m New Zealand, the New Zealand, Supreme Court apparently would have jurisdiction, to give * you a divorce/ or a judicial separation.^— "Annoyed" (Palmerston North): Your landlady must give you one week's notice.— "lntax" (Wellington) : Unless you are certain you can prove nonliability your best course would .be to payVithout prejudice' and under protest T,he object. of suing, in the High instead- of the/ Coun.ty Court is no cloubt to be able to file a duplicate of the "judgmein(: s in; the Supreme Court here, and this may involve you m heavy costs.— "B.M.": (St. Kilda): It entirely depends on the terms of the sale agreement. If this provided that you were to take the: tenant over yoji \yili be entitled to the rent. If not, and you have been wrongfully kept. out of possession^ it is not fair .that you should pay intei'est on the balance purchase: money whilst kept out of possession. — - "Anxious" (Dunedin) : You .do not state sufficient facts for a definite opinion. If you yourself cut down the bank originally, you are liable to support his land, but if some prior .owner did the work your neighbor's remedy would be- generally against him.— ''Victimised" (Rotorua) : As. to sheep,, you are entitled to grazing, but it is doubtful whether you can recover fur.ther. As to the, cattle; if yon -can prove the vendor's guarantee anrl that it 'applied to all. the heifers you have a good claini, , V J