INQUIRERS' CORNER

NZ Truth, Issue 1220, 18 April 1929, Page 20

INQUIRERS' CORNER

winraiiimiiiiimiiiiiiiiniuinnm mi mmiinr* _._J.._.t_._l L... IIIUTCDDD CT C D iMiiMiitmminuimmHmimtimmHmn^tmmij^ | oiiwiiiuuiiimiuiiiiiiiti iiiiminmiiiiiL'O nd UCted by INTERPn tT fc K, miiuiiininiitiinniiniiiiiiininnninninmmiiiiß | _I . , li |l Answers will be published as early as possible after receipt of || 1| questions and so far as possible m order ov rotation of receipt. y |= All letters must be written m ink and be addressed "Interpreter, N || c/o "Truth," Manners Street, Wellington. While we take no |g II responsibility for any answer given m these columns, every || if endeavcr- will be made to see that they are absolutely correot. || I"I Answers to legal queries must be accepted merely as a ii | guide as to whether or not it is worth while going to the ex- |i || pense of placing matters inquired about m the hands of a || |i solicitor for further action. |l Ii No replies can be made by post. No anonymous inquiries -*§ I will be answered, and inquiries of this nature will not be pre- |i I served. Frivolities and questions not of general interest will || I not be answered. il c wMtmitmmtHmiiitiHmiiiMimMiiiHiimiriiiiimiimMfimiiiiiimim^^ wiiimHmniniuiniiimHmiMiMimiMiininmnmtiimirtHiiiiMitfmmifMtitiiuniiiHuiira^ **

MARRIAGE AND DIVORCE. Q.: I recently left my husband. I now And that he has a housekeeper to look after him and the children. Does this entitle me to obtain a divorce? (2) I have been offered a position as housekeeper, to another man. If I accept this will my husband be able to obtain a divorce from me? (3) If I can get a separation order, can I get a divorce m three years? — "Worried" (Christchurch). A.: (1) Only if you can prove adulters' against him. (2) The same applies. (3) Yes. Q.: I have obtained separation, maintenance and guardianship orders against my husband. Will this entitle him to petition for a divorce at the end x of three years? — "Anxious" (Christchurch). A.: Yes, but if you defend and show that the .separation was due to her default the petition will be dismissed. Q.: I married a man aged 20, who, being unable to obtain his father's consent, gave a wrong age and was married, without it. Can his father annul the marriage or have my husband punished? — "Anxious" (Masterton). A.: He can have your husband prosecuted for making a false declaration, but the marriage is not invalid. Q.: Would you tell me (1) where would 1 have to apply for a poor woman's divorce, as I have got good evidence for a divorce? (2) And what the cost would be? if possible. — "Anxious McK." (Wellington). A.: Consult a barrister and get him to give his opinion on the case. If he considers it a. proper case for m forma pauperis procedure, you may then apply to the court for permission to petition m this way. (2) The cost will be purely nominal. WILLS. Q.: My mother dfed some years ago without a will; I went out to work and my brother aged 7 was sent to some people to be looked after. I do not know what arrangement was

made regarding payment for his keep. My father has now died, leaving no will. (1) Am I liable to these people for my brother's board during the years that he has been with them? (2) I am my brother's only, surviving relation. He is now - 12. Can I claim custody of him? (3) My mother died some years .ago, leaving money m the Post Office Savings Bank. My father never discovered this. As he is now dead, can my brother and I claim the money? (4) Are the people who have had my brother entitled to any-

thing my father had m payment of my brother's board? — "Worried" (Wellington). A.: (1) No. (2) Yes. (3) You are entitled to the whole subject as to the one-third that went to your father on your mother's death to payment of his debts. (4) If he had agreed to pay them and the payments are m arrear, the amount owing will be a debt payable by his estate, but the estate must be finally wound up and the money paid to them by the administrator. They cannot simply help themselves to his property. • Q.: I am a divorced woman. I have two children over the age of 21 living with me. If either/ died intestate would their father be entitled to any of their property? — "Hard Working" (Newtown). A.: If they die unmarried, he will be entitled to all of it. MORTGAGES. Q.: I am mortgagee of a property. The mortgagor is m arrear with his interest. .He is receiving rent m respect of the property. Can I prevent the rent being paid to him while the interest is m arrear? — "P.W.E." (Auckland). A.: Yes., Immediately on default every mortgagee by notice to the tenant can require all rent to be paid to him. PROPERTY RIGHTS. ~ Q.: The owner of adjoining section has asked me verbally to pay the half cost of a. jarrah fence which will cost £21/12/- to erect. Am I compelled to agree to such a fence, and, if not, what is the cheapest legal fence that may be erected? — "Constant Reader" (City). A.: No. Any fence that is agreed upon by the parties is a legal fence. Failing agreement, the cheapest legal fence is a post-and-wire fence. You are, ' however, under no obligation to fence unless you are served with a fencing notice under V'The Fencing Act, 1908.

WAGES AND PENSIONS. Q.: A widow m receipt of the widow's pension lost her pension on giving birth to an illegitimate child, although her legitimate children continued to receive their pension. Is thia m order — "Constant Reader" (Wellington). A.: Yea. MAINTENANCE Q.: I am the mother of an illegitimate child whose father has left New Zealand and gone to England. He states that he is coming back after six years have elapsed. Will I be able to take proceedings against him then or will he be entirely free? — "A.M." (Amberley). A.: Any period during which the defendant is absent from New Zealand will not count towards the period of six years from the birth of the child within which the complaint must be laid. Tou will be able to take proceedings within six years from the time he returns. You' will be able to claim past maintenance amounting to not more than £50. LEGAL. Q.: My husband borrowed money by verbal agreement over seven years ago. He is now a cripple. Can the lender sue me for the money?— -"lnnocent" (Kelburn). A.: No, you are not liable. Unless your husband has acknowledged the debt m writing during the last six years no action can be brought to recover the money from him, either. Q.: (1) I have known a girl for two years. She is now nineteen. She is not very happy at home. Could she leave without her parents' conrmnt? (2) Could I marry her if I can prove that I can keep her? — "Looking Ahead" (Wellington). A.: (1) If you mean that she intends to live with you, her parents would be able to compel her return. (2) Provided she and her parents consent. Q.: Is it compulsory to have a light

burning all night over the door of any licensed hotel, whether m town or country districts ? — "Lights" (Canteiv bury). A.: It is only required if the hotel front is not sufficiently illuminated by street lights, etc. Q.: I have been engaged to a girl for some months. I now desire to break off the engagement on account of her unfaithfulness. If I do so, can 1 recover the pre - sents I have given her? — "An OI d Subscriber" (Upper Hutt). A.: The rule is that presents given m consideration of the

approacning marriage, such as furniture, etc,., may be recovered if the marriage goes off through the fault of the donee. This would apply to the engagement ring, but possibly not to small presents such as photographs, which might be given to any friend. Q.: I gave a post-dated cheque, which the bank cashed before due date; I also gave another cheque, not knowing the bank had cashed the first. This left me short and the other cheque was dishonored. What is my position, have I any claim seeing that my credit was damaged? — "Anxious" (Christchurch). A.: The bank were negligent. They have wrongfully dishonored your cheque and you are entitled to sue for damages. GENERAL. Q.: I am engaged to a man who drinks too freely. Could I take out a prohibition order against him? If not, who could, and what is the procedure? — "Anxious" (Wellington) . A.: No. The only thing you can. do is to get him to consent to take out a prohibition order' against himself. . Q.: (1) There are a few fruit trees growing on property that I am renting; the owner of house has been taking plums off trees. Have I thf power to stop same? (2) The owner of house is living only, half a mile from me; am I compelled to take rent to him, or can J compel him to call for same? (3) Can a landlord compel a tenant to pay rent when landlord won't undertake to do repairs which are badly m need, such as windows, hearth and doors, etc.? — "Curious" (Invercargill). A.: (1) If the ti'ees are on the property let to you, and the fruit has not been, excepted, the plums ' are yours. (2) You are bound to take the rent to him. (3) TTie fact that the house is not m repair does not release you from the obligation to pay rent.