INQUIRERS' CORNER

NZ Truth, Issue 1206, 10 January 1929, Page 18

INQUIRERS' CORNER

IgSZSS^S by 'MNTERPRETER/'liiillSSEiZ^S iS si || Answers will be published as early as possible after receipt of || s| questions and so far as possible m order o<! rotation of recoipt. |§ ll All letters must be written m ink and be addressed "Interpreter, || || c/o "Truth," Manners Street, Wellington. While we take no || i| responsibility for any answer given m these columns, every || 11 endeavor will be made to see that they are absolutely correct. 3 || Answers to legal queries must be accepted merely as a =| guide as to whether or not it is worth while going to the ex--1! pense of placing matters inquired about m the hands of a || solicitor for further action. II ,No replies can be made by post. No anonymous inquiries 1| will be answered, and inquiries of this nature will not be pre--11 served. Frivolities and questions not of general interest will if not be answered, i II I I r.iraiiiiirainiir iiiuuui imimimniiiiminii i i i iiS |

WAGES AND PENSIONS. Q.: My son, aged 16, was employed on a farm at 15/- per week. He has worked for 12 months, but has received no wages. His employer claims to have bought him clothes and advanced him small sums for pocket money. It is admitted that clothes to the value of £11 were supplied and £1 15s. m cash. Has he a ' claim for the wages ? — "Anxious Parent" (Invercargill). A.: Your son is entitled to the full wages less any sums paid to him m cash. The deduction by the employer for clothes supplied is illegal under the Wages Protection Act, J9OB. If m the circumstances you may be under a moral obligation to credit the employer with the fair value of the clothing, you are .certainly not legally bound. Q.: Does the fact that a person is m receipt of the old age pension prevent his applying for maintenance from his relatives under the Destitute Person's Act?— "A.S." (Wellington). ■> A.: No. MORTGAGES. Q.: A mortgage due to me has been paid off through my solicitor who wants me to pay £1 is. for calculating the interest, etc., and has deducted it from the money received. Am I liable? —"Constant Reader" (Timaru). A.: The charge is most unusual. The charge paid by the mortgagor on release covers all -work' done by the mortgagee's solicitor m connection with the release. Insist on a refund. ■ . MARRIAGE AND DIVORCE.

Q.: (1) If petitioner m divorce against her husband does not claim costs and maintenance when judge grants decree, can she claim when applying for decree absolute? (2) If respondent, who offers no defence, is an old age pensioner and has only an odd job or two a week, would the judge be "likely to make an order against him for maintenance? (3) If the petitioner marries again would respondent still have to pay alimony if an order had been made? — "Sixty-Six" (Kaiwarra). A.: (1) Yes. (2) It is unlikely. (3) He would still have to pay for any children, but not for the wife

Q.: (1) My wife married me under an assumed name. Is the marriage binding? ; ■ (2) I have not seen my wife 'for ten years; how can I get a divorce? — "Anxious" (Wellington). A.: (1) Yes. (2) If your wife de-. ■serted you, or if you separated by mutual consent, you may petition on the ground of desertion or separation. If you deserted her yo u cannot obtain a divorce.

Q. (1) If the pc- fMuiimiiiiiiiiiiuiiiiimiiiiiiiiiimiimiii titioner m divorce proceedings fails to have the decree made absolute, can the respondent do so? (2) What is the procedure and cost? (3) What period must elapse before the parties can remarry? — "Ignoratio Legis" (Wellington). A.: (1) Under the old Act, the respondent may do so if the petitioner fails for one, month to so do. Under the new Act which comes into force on January 1, 1929, the parties have equal rights m regard to having the decree made absolute. (2) It will be necessary to employ a solicitor. About £5. (3) The parties may remarry as soon as the decree is made absolute but not before. ' MAINTENANCE. ' Q.: I have a maintenance order m rospect of my wife against me for £2 per week. She has recently been m hospital, but refuses to pay the account. Am I Uable for it? — "J.H." (Waihi). ' » A.: Only to the extent of the maintenance order. PROPERTY RIGHTS. Q.: I purchased a section which is divided from the next property by a live hedge. I desire to. have a fence erected, but my neighbor refuses to consent. How should I proceed?— "Settler" (Tory Channel). A.: Serve a fencing notice on him specifying the type of. fence required. ]£ he does not consent, he can serve a cross notice on you. If no agreement is reached, the mattei" may be referred to the Magistrate's Court and determined by the magistrate. Q.: I have a small stream running through my property. The owner of the land below me has planted trees m the creek bed and allowed it to become blocked with weeds. The result is that the creek does not flow away but floods ray land. Have I any redress? — "J.D." (Invercargill). Ai: You may claim damages m the Magisti-ate's or Supreme Court for the damage done to your land.

yiiiituiuuiunnunnuinnuiiiniiuiiniiiiinniiiiniiiiniiiiniiiiuniiiiniiiii | Negligence ?

1 Q.: Some time ago the school 1 committee put up boat swings | for the benefit of the children. | After several accidents they = were taken down as dangerous. | A few weeks ago they were | again put up and several other = children were hurt. While the | teachers (about a dozen) were | all having morning tea and. the | boat was very much overloaded, | the chain broke and the boat--1 load of children fell on my | daughter aged 9, who was push- | ing them, and broke her leg. | Can I claim expenses, .and from 1 whom?— " Disgusted" (Reefton). | A.: You can proceed against | the members of the school comI mittee for negligence.

HOUSING AND RATES. Q. : I am a weekly tenant of the Otago Harbor Board, and pay a weekly rental. The Harbor Board pay no rates. The corporation have issued a notice stating that I will have to pay rates for the building I occupy. Am I compelled to pay rates? — "Anxious" (Dunedin). A.: Since you do not come within the definition of an "occupier" as defined by the Rating Act, 1925, it does not appear that you are under any liability for rates. LEGAL. Q.: What is the scale fee chargeable by solicitor for preparing lease of shop for 7 years at annual rental of £208? — "Pair Play" (Picton). A.: £5/15/6. Q.: A dog was annoying my. small daughter as she was walking along the road. As she has a weak heart and was greatly distressed by the animal. I kicked it and unfortunately killed it. Am I liable to the owner? — "Digger" (Auckland). A.: In the circumstances the court would probably hold that your action was reasonable under the circumstances and that the death of the dog was an inevitable accident for which you incur no liability. GENERAL? Q.: I am the father of an illegitimate child. I have found people who are willing to adopt the child. Can the girl's parents prevent me from having the child adopted and force me to maintain it?— " Anxious" (Waimate). A.: The child cannot be adopted unless its mother consents. If, however, the mother does consent, her parents cannot prevent the adoption taking place.

Q.: I drew a sum of money from the post office savings bunk m. Dunodin. This was sent to me by registered letter. The letter was collected by a boy from the station who handed it to another farm hand, who took the money and left. Have I any claim on the post office? — "Back Blocks'. (Wanganui). . 'A.: No. The Post and Telegraph Act, 1928, provides that- the department shall be under no liability for the loss of a registered postal packet.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiniiiiiiiiiiC: car were sold on hire, purchase or outright. In the latter case you can be sued for the whole price. Q.: I sold a section and received a cheque for the deposit. Before the cheque was presented, the purchaser was drowned and the bank refused to cash it. What is my remedy? — "Anxious" (Greymouth) . A.: The estate of the deceased remains liable for the purchase price. Communicate with the executors or administrators and claim the amount as a debt due to you. Q.: I have a confectionery business and an automatic machine which delivers various sixpenny articles. Am I acting legally m placing- this machine outside my shop on Sundays? — "Christchurch" (Christchurch). A.: No. According to a recent magisterial decision such action is illegal and amounts to keeping your shop open. Q.: My daughter-in-law, yielding to the persuasion of a canvasser signed an agreement to buy a desk, delivery to be at Christmas. She did not con-, suit her husband. Can he be forced to take it or pay for it? — "Worried" (Lower Hutt.) A.: No. He is not m any waj' liable. Your daughter-in-law, if the document she signed complied -with the Sale of Goods Act and apaW from misrepresentation, will be liable. She cannot be forced to take the desk,, but the vendor can sue her for damages for not taking delivery, i.e., he can resell it at her risk. Any* judgment against her must be m respect of her separate estate. If she has none, she has nothing to fear, An order on a judgment summons cannot be made against, a married woman. • Q.: My husband is an undischai-ged bankrupt. I have saved enough out of my Avages, paid me by my husband since his bankruptcy, to purchase a motor-car. If I do so can my husband's creditors claim the car? — "Rat Trap" (Taneatua) . , A.: No, provided the payment of the wages is bona fide.

Q.: I purchased a .car and paid a deposit. I am m arrears with the instalments on it. Can I, by returning the car to the vendors, avoid liability for the instalments already clue? — "A.J.C." (.Havelock North). A.: No. You remain liable for them whether the car were sold on