INQUIRERS' CORNER

NZ Truth, Issue 1204, 27 December 1928, Page 16

INQUIRERS' CORNER

II Answers will be published as early as possible after receipt of || |i questions and so far as possible m order of rotation of receipt. y || All letters must be written inink and be addressed "Interpreter, || U c/o "Truth," Manners Street, Wellington. While. we take no n || responsibility for any answer given m these columns, every || || endeavor will be made to see thai they ace absolutely correot. || || Answers to legal queries must be accepted merely as a |= |l guide as to whether or not it is worth while going to the ex- || if pense of placing matters inquired about m the, hands of a n ll solicitor , for further action. ;' • . . || 11 No replies can be made by post. No anonymous inquiries if II will be answered, and inquiries of this nature will not be pre- || || served. Frivolities and questions not of general interest will || 1| . not be answered. . :". ..-.. ■ , . ■; |l = r.iiitiiuitiiin ii i iiiiiiiiiiiiiiiiiiiiiiiMMiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiniiiiiiMiiiiiiiiiiiiiiiiiimiiimiiiiiiiiiMiiiiiiiiiiiuiiiii "i'"""'"""" 1 " 11 """"""""™""!"!;""""!!"!!!!]!!!?,! -jiiuiuiiiiiiiiiiiiinuiiiiiiiiiiiiiiiiiiiiiiniiiiuiniiiiiiiiiiiiiiiuniiiiuiiiiuiiiiMiiiiiiiiiiiiiiiiiiiiiuiiiMuiniiiiiiiiiMMiiiniiiiiiiiniiliiiiiiiuiiiiiiiiiiiiiiiiiiiHMn

MARRIAGE AND DIVORCE. . • Q.: A girl is about to have a child of wniori lam the father. We are both 18. I desire to marry her, but our parents will not consent. Can we marry without 'their consent ? ; — 'iAnXious" (Gisborne). , . ; . A.: You can each apply 'to the court for to marry. ;-. . \ Q.: -Can a. boy, r a few months under the age of 21 years, get married without' tne consent of his father? He ims his mother's consent.- If s.o, what procedure couid bo adopted?— "Anxious-' (.Dunedin). ■) ;','./.. A.: Trie consent of the mother alone will be sufficient only if she has been deserted by the, father or separated from hini. If the father's consent is necessary and he refuses, application can be made to a : judge of magistrate. ■ MORTGAGES., v Q.: I hold a second mortgage over farm property. When this; fell due; I agreed orally to, allow the , mortgage to run oorn r at a higher rate of interest. No memorandum of- extension has been executed. Do I stand to suffer any disadvantage through the absence of this document V— "G.F,." (Deyon'p'ort). A.: You still retain your rights under the original mortgage, but you, have no lejjar claim to the, increased rate of Interest Unless the agreement is incorporated m the necessai-y document. ; maintenance; , ' :; Q.: Can I claim maintenance from the estate of the father of my; illegitimate child, which was born- m 1915? The father -was' killed at the: front and paid nothing. — "Anxious Mother" (Lyall Bay.) ' ',-. ,;■ . : ; v : ; ,v •' A.: No. Affiliation proceedings cannot be commenced after six years, front the date of the child's. : birtti. : iQ. : Can a mother who is left, at the death of her husband entirely, without a home or means, compel a married daughter to help support her, and what is the average amount to be paid by 1 her to the mother ?— ." Worried" (Napier). •'■ ■ ' ' " " A.: If the mother is destitute she, can claim maintenance from her children under the provisions of the Destitute Persons Act. ! . 1 , ll , 1 ,,,, ril ,;, 1 , mimil , imilll i m j, 11 ,i imimllim , The amount will depend on the circumstances, butWill not exceed £2/2/- per. week. Q.: I divorced my first husband and obtained cus-' tody of the chii- ; . dren. My second husband has pro-, vided for t h em ever siheei I now-, propose to leave my secon d hus - . band: Will he fte responsible for the support of my children .by my first; husband? — "Anxious" (Christchurch). A.: Yo u are primarily liable, but your second husband has, by consent, rendered himself liable' for their maintenance and under the Destitute Persons Act he is expressly declared to be liable. ,Q.: Is a man liable for maintenance of his wife if on probation from a mentai hospital and- entrusted to relations for 'the;' time, being?— " Digger" (DunUUu). , '.-•, '.-■- ■ ; ;."-,'. A.: In the circumstances it is very unlikely that any court would make a maintenance order against- him. < , . .Q.: (1) Can a widowed mother com-' pel her -son-ih-law; to maintain her wheh she has two.---siiijjrle.Y..'duUsjn fcord.' who are of age, butiwill hot keep her? (2)7; Can the daughters .be 'forced^ to maintain her and what steps, if any, can she take?— '' Anxious' 1 (Welling-? tori), .y ■ ,: ; .'. ',}:■■- .;,-' v ;' ; 7 y , ■'.■'■,■ .':-,■ A,: (1) The son-in-law is not liable for her suiiport'ih any case. • (2) ■.-ill' they, aretof' sufficient. financialV ability, they can. Sec a solicitor about it. COMPENSATION^ V .■'.'■ ■ -' : : — : — ;.■■■ . ■■ . ■•■ . ■-.-'»■ '■ ■;' . Q.:- Has a territorial a claim for corn-, pensatiqn against the Defence I>epa.rt-: nient if injured m a military camp? The injury, solely .due to military duties, was such that treatment at the hospitals was necessary and he could not work for . : several,-: months. No treatment was received from^the doctor m camp— the territorial being allowed •to suffer 1 for some days until being sent home?— " Curious" (Kawhia). A.:.- Claims can; be made against the Crown. .Write to', the adjutant Vof the ■unit concerned. „■ . . '

PROPERTY RIGHTS. Q.: I am m possession of a property which I took over from the mortgagor. I have never had. the property transferred to me. A man has now taken possession of a piece of this land and challenges my right to remove him. Can I do so?— " Worried"/ (Whangarei). ■ A.: As you are m exclusive possession of the land, you have a right to eject the trespassers despite the fafct that; a formal transfer has not been signed. . • '.,' . ' . . : " ■•.'; Q.: If I purchase a house and section and pay cash same, and the owner neglects to ■-.'• give me the title deeds until ".three, years have elapsed, ami liabie for .rates and taxes, i'rom the .date of purchase?^— '.'Constant Reader" (Ktiwee). :, ■ A.:. If you have been m possession you are liable for the rates. Your remedy .-for- non compilation of the title is an action' for specific performance. LEGAL. : ■.■_•:■;•■■■ '' . •:' ,-■'- . Q.i Is it legal for 'an owner to charge royalty for rabbit skins trapped on his property?— " Trapper" (Nesdale). A.: Yes. He is .perfectly entitled to keep trappers off the property altogether and if he lets them on, he. may charge them for it. . Q.: Can a person born m New Zealand, whose father was a German and whose mother was Scottish, have his name on the electoral roll, and vote m New Zealand?— " Puzzled" (Lawrence). A.: Yes. ' He is a British subject by birth. , . : :•■■■•.■■,: Q.: Another woman walked into my house and caused mischief after she has been told, to keep away. Sho made a hit at me and then I gave her a thrashing. What can she . do m the matter ?- r -"Merely Curious" (Levin). < - '■ A.: Oh your version it is unlikely that she can take any proceedings. Q.: Are the parents of the father of an illegitimate child liable for th« child's support? — "Anxious" (Addington).; "' :.: ' '■...- ■ " ,;:■'".■■, . : " -, '" ■ :'• , A- IE the father fails to support the child, his parents' become liable. :Q.: (1) My mother; an Englishwoman, married ah American. They ' , have resided for ' ""'"""" """"""""""'•""•| 30 -years m New ! Zealand, but my I father has been { refused naturatizI sition. I was born I m New Zealand, j but married a | German - Swiss 1 who is not naturI alized. Is either j my • mother. or I myself, entitled to i registration on the I electoral roll? (2) 1 Can my .husband ! and my father | hold real property I m. New Zealand? } — "Anxious"' (Mt. [ Eden). f A.: U) Only 1 British subjects | are entitled to j vote. Your moj ther, by marrying | an American, lose 1. -her' British, na'- ! nionality and be- | came an American, while you, although a British subject .by birth, acquired your husband'.s nationality .on your marriage. Thus neither your mother .nor ■ yourself is entitled to vote. (2) Your father' is perfectly entitled to hold. land m New Zealand: Your husband is also entitled to acquire and~ hold land m New Zealand. T;.he- restriction on enemy aliens was removed by :an Act passed last year.- -■ '■ ,■ .'■■. ■ .■■ ■■' /.■••. '. ■ ' . Q.: In the case of bankruptcy iwoulcl arrears, under .i maintenance order be wiped but after payment of a final dividend,' although such dividend did not pay full amount of arrears ?— "Hamilton" (Hamilton). ' v . .A.: No; The arrears, constitute a tieV.t prbyable m the bankruptcy, but the .bankrupt is not released from personal liability. . ■ ; • . ; , . . GENERAL., ■ ■ ■• "' • ■■[''■'■■ ■■' : ' : ,, ■Q.: I was divorced m England ar><\ was- granted alimony and a small house in' England for life by the couri.* ■Ciiri'.-Ii sell this house and come to.Nnv 'Zealand and ■'- obtain one hei'e without ivy husband's permission ?--"Daughter" (Lower Hutt)., ■ ■.;■•-';■' ';';■ : ■:■■ A. :, This cannot be* definitely answer-' ed without precise particulars, but it is ; lihlikely that any alteration can be made without the consent of your husband or the order -of the court. A life tenant can -always sell, .but. the. settled land legislation precludes the re-investment /..of the purchase money m a different jurisdiction.

Q. : What is the proced ure to have.an illegitimate child legitimized bn^ the subsequent: marriage of the:' parents? Is the effect to altier the child's name to the father's? iTo confer the father's name, is . it .' necessary Ifor him to adopt the child?— M Duty": (christchurch),.: ■:.,." ■ A.: The father should attend /before the Registrar, of Births, sign the register and make the declaration set out m the second schedule of -the _ Legitimation Act. The child is thereupon deemed to have been legitimated from birth .and. sha|l- be entitled to all the. rights. of a child born m wedlock, including the right to the father's name; Adoption is unnecessary. ...%'.