INQUIRERS' CORNER

NZ Truth, Issue 1200, 29 November 1928, Page 20

INQUIRERS' CORNER

I'|!"::":!!!:!:!:;:!::i:::::!:!!:!!!!!!i!i!!!!:!lCo nducted by"INTERPRETE FL. t "SSSSS^SSSSSSSSSSZ^. 11 ' ■ ■ ■■■■.' .■ ■ ■ ■ ■;• ■ 1 1 || Answers will be published as early as possible after receipt 'of- || || questions and so far as possible m order of rotation of receipt. p. 1| All letters must be written m ink and be addressed "Interpreter,' \ j|. II c/o "Truth," |Vlanners Street, Wellington. While we take no || 11 responsibility for any answer given m these columns, every || 11 endeavor will be made to see that they are absolutely correct. || || Answers to legal queries must be accepted merely as a || 11 . guide as to whether or not it is vvorth, while going to the ex- g | If P ense ■•°f placing matters inquired about m: the hands of a || || solicitor for further action. ' . . > || i| No replies can be made by post. No anonymous inquiries jl 11 will be answered, and inquiries of this nature will not be pre- || If served. Frivolities and questions not of general interest will || || not be answered.' V • •. 'II = Jr.uitiritir i iitiniiititiririMitiiitiririllMilliiiliillliliiMriltlilllillgriliiiiliiit nllllliililtllilillMlilltliritriilltiMiiL i[|lllllllllililillMiriiniiiiirimtinrimtitii[MtiiiliiiPililllill|J'l||>i'<'i'['"i'l'r. 5 • : imiiiiiiiiimiiiiiiiiiimiiiimiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiiimiiiiimiiiiiiiiiiiiiiwiiiM.niiiiiiiiiiiiiii m tit mmim niilimitiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiimiiiiiiitiiE

WAGES AND PENSIONS. Q.: Can an Old Age Pensioner receive the Widows' Pension?- "E.H." (Ormondville). . "'_■' A.; No. Section 84 of the Pensions Act expressly provides that a person receiving a pension under one part of the Act shall not receive a pension under any other part, except that a military pensioner may receive an old age pension and except that the restriction is not to apply to miners', pcn r sions. ' '■-.'•■ ■'■■:. . COMPENSATION. f ' Q.: A man is ruptured during the course of his work. Is he entitled to compensation under th'e TVorker's Coriv pensation Act as for permanent injury? • "W.C.A." (Palmerston North). A.: As the rupture arose out of and m the course of the employment he is certainly entitled to compensation, but he will have Xo show that the rupture is incurable before being entitled to claim as for permanent injury. ' MORTGAGES. Q.: I am being charged 9/- per annum for Mortgagee Indemnity Insurance. Is such charge m order? "M.S." (Caversham). A.: No. This system is now superseded by the Government system of charging a•- small additional stamp duty on the mortgage or release. PROPERTY RIGHTS. . Q.: My neighbor's house is built right on my boundary arid the windows look into my property. Can I block these windows? Must the obstacle be a: certain distance: from the windows? "Privacy" (Otago Peninsula). A.: As long as the windows are not ancient lights you can erect an obstruction on your boundary line blocking them out.

■■ Q.: I have jusi taken up some sections' of Crown Lands. Am I supposed to pay hali the , boundarj fence of a neighbor that has been erected for some years, or am ] .1 us t to do my share m keeping the fence m repair? — "Anxious Cockie" (Opua). A.; The land hitherto vested m the Land- Board becomes subject to the Fencing Act as soon as you take up the lease. Under Section 16 the adjoining owner can compel you to pay your half share of the value of the fence at the time you take up your lease; If, however, the length of your term does not exceed ten years you liave the' option of paying him interest all 10 per cent, on such half value for the period of your occupation instead of paying the half value. *' . LEGAL. . Q.: A womani living apart from her husband for five yearsiis about to have a chHd to ahotWer man. Can she register it under her husband's name? If she does can he claim it and can the State Welfare control it? "Constant Reader" (Palmerston North). A.: To register under her husband's name, irivolves a false declaration. If she does, such, registration will not prevent her setting up the true facts' m the unlikely event of the husband ever claiming the child. If the object is. to defeat the' powers of supervision and inquiry as to ; the birth of every illegitimate child now vested, m the Child Welfare Department, then no doubt registration m the husband's name will render it difficult for the Welfare Officer to prove the illegitimacy. Q.: What is the scale of fees chargeable by solicitor for preparing lease of shop for 5 years at annual rental' of £182 payable monthly? — "T. 8." (Hawke's Bay). : A.: Lessor's solicitor £3/3/-. If the iessee employs a. separate solicitor his fee will be. £l/ll ; /6. . , M .. Q.: I bought a section "as fenced" and paid a deposit. I now find that L have to give, up 15 feet for street, widening inside the front fence. Can I recover the deposit? — "Constant Reader" (Christchurch.) A.: You are entitled to rescind and to recovery of the deposit with interest and costs of investigating the title.

HOUSING AND RATES. Q.: A tenant .rents a- flat at so much a week, but, 'there are no other terms agreed; on. The tenant gives iio'tice |on a Saturday to leave on the followingTuesday, but stays to .the following Saturday. What rent is the tenant liable, f or? "Justice" (Auckland). ; A.: A weekly tenancy must be. terminated at the end of a week of the tenancy. The tenant must pay to the following Tuesday- week. .,.:•;. GENERAL. - Q.: Can a wealthy son-in-law be' compelled to contribute to the support of his father-in-law?— " Anxious" (St. Albans). A.: No; he is not a. near I'elative as defined by the Destitute Persons Act but his wife is. Q.: B. signs a contract with A. to stump a paddock at so much per acre. B. starts but refuses to carry on. What remedy has A.?— -"Cocky" (Te Popo); • A.: He should let the contract to someone else and sue B. for any extra sum he may have to pay the other contractor.- He is not bound of course to pay B. for anything he did do. Q.: I have had certain relations with a girl who is now m trouble. She has written me a letter stating she does not blame me. Is that sufficient to keep my name out of a case which the girl is bringing against another man who. may try to pass the blame on to me?— " Anxious" (Wanganui)." A.: It will certainly not keep, your name out as long as the other man knows about it. The question is whether it will not get you, m for the whole liability. Q.: i sold a fat cow at 30/- per lOOlbs. "on hooks." t The purchaser drove the beast to' his slaughterhouse and killed it and . paid me. Who owns the hide?— "Puzzled" (Reporoa). ■ A.: He does. The arrangement as to weight -was only a method of fixing the price of the cow. You sold and delivered it as a whole. Q.: My partner ■ had her coat stolen from the ladies' cloak-room at a dance. There was»no attendant. When I informed the proprietor he said he would replace it if not found. Can my friend sue? — "Magpie" (Dunedin). A.: ' Tne rule is that the proprietor is liable for the value, if he fails to take proper care. Here he has admitted liability by his promise, so your friend is justified m suing. ' Q.: What is. the solicitor's charge for i transfer of land under L..T. Act,.consideration £2000? "M.S." (Caversham>. A.: £12/12/-. ■ Q:: I wish to sell some shares to my wife, the transferred to be registered m her maiden name, she not yet having assumed her married name. Should I be made bankrupt, will the ti'ansfer be void by reason of the maiden name being inserted? "Romeo" (Christchurch). A.: The transfer will not be avoided simpiy by the adoption of the maiden name. If you disclose the marriage, to the creditors at all the validity of the transfer will be tested by the ordinary rules applicable to dealings be- I twecn husband and wife. Q.: I bought from a lady who has since left for EJngland furniture and paid her the price,, £40. A local firm rare trying to get me to pay £27 still owing, to them by the lady. What is my position ?-^"Carnui" (Clevedon). A.: Tf the firm have a proper security over the furniture you will have to settle with them or lose the furniture. Any excess you have to pay is recoverable against the vendor if you can find her. If the furniture were unencumbered the firm can have no claim. Q.: The owner of a valuable horse that had been badly gored gave, it to B to destroy or do. as he liked with. B then gave it to me. By employing a veterinary surgeon and incurring other expense, I cured the horse. The owner now demands it. Have I a claim? "Puzzled"" (.Dunedin). A.: By delivering the horse to B with liberty to do as he liked with it, the owner transferred the property m the horse to B, who made a gift of it to. you. You are therefore the owner.

I Copyright Law | Q.: lam secretary of a public 1 ( hall committee, who believe that | ' when they buy the music they = acquire the copyright. They § cannot understand why they, | have to pay a fee every year be-.* i sides to be able to play m the I hall. Is payment compulsory? | _"R.p.» (Tahakopa). | A.: If the music is copyrighted | they must pay the fee. Other--1 wise they may be sued for an 1 injunction, and damages.