Answers To Correspondents

NZ Truth, Issue 1228, 13 June 1929, Page 11

Answers To Correspondents

(CONDUCTED BY "INTERPRETER ") Questions of all' kinds (except on sporting matters) are answered here. Correspondents must state names and addresses, as well as nom-de-plume, not for publication, but as a guarantee of good faith. , No anonymous or verbal Inquiries per telephone will be answered. Questions should be written clearly In Ink or typewritten, and addressed to "Interpreter," c/o "N.z. Truth," Wellington. While we take no responsibility for any answers, every endeavor will be made to ensure that they are correct. ' ..

Marriage and Divorce Q.: I subsequently married the fatner of my illegitimate child. He died without having made application for, the legitimation of tnis child. Can I now apply to have the child legftimated?—"Rectify" (Wanganui). ' A.: Yes, the Act of -1921 makes provision for application by the mother where the father is dead. Housing and Rates , Q.: (1) Is the Rent Restriction legislation still m force? (2) If so, what is a method of calculating the annual rental? (3) Can the rent be raised for work ordered to be done by a health inspector? — "Anxious Parent" (Dunedin). . v A.: (1) Yes. (2) Seven per cent, of the capital value of the property, together with outgoings, such as rates, repairs, . taps, etc. Under the amended, legislation the capital value is to be taken ; as the value at time of application — i not as at one time the value m 1914. (3) In certain circumstances. The landlord is entitled to 7 per cent, over and above the average annual outgoings for repairs. Legal Q.: I am at present residing m a private hotel next to which there has been recently erected a refrigerating plant. On numerous occasions the plant has been kept going the whole of the night, resulting m loss of sleep to the boarders and m ,several cases loss

Of guests to the proprie tor. (4) Can the proprietor apply to the Supreme Court for an injunction restraining the use of the plant to certain hours? (2) If so, what would be the approximate cost to commence such action? (3) Could the proprietor claim damages for loss of business? — "Constant Reader" (Nelson). A.: (1) Tes. (2) Perhaps £25. (3) Yes. Q.: I sent notices to debtors stating that if they do not pay their debts by

a given date I will display their names In- my shop window. Is it Illegal so to do? — "Radio" (Christchurch). , A.: No. However impolitic from a business point of view, it is not illegal. Q.: Is an 1.0. U., stamped, signed and dated a sufficient acknowledgment of a debt from a debtor going to another district? — "Cam" (Otorohanga). A.: It Is good as evidence of the debt. Why bother with an 1.0. U. when you can take a promissory note? A note can be sued on and consideration is presumed. Further, it is negotiable passing from hand to hand like a bank note. A creditor holding an 1.0. U. must sue on. the original debt, setting out and proving all the circumstances, and can only use his acknowledgment as corroboration. Q.: A canvasser came to my house and told me that my child was one of fourteen chosen from the . school on account of their special intelligence to undergo a free course of tuition m a certain musical instrument. Influenced by this I purchased an instrument from him. I afterwards found that his story was absolutely untrue. Am I compelled to "complete the purchase? — "Academy" (Auckland). A.: No. If action is taken against you, you should defend on the ground that you were induced by wilful misrepresentation to purchase the instrument. Q.: A landlady keeping a common boarding-house agrees with a traveller to supply him with board and'residence for one week. He commences the week with lunch on the Monday. When does the week finish? — "Traveller" (Whakatane). A.: The law does not take into account parts of a day, so that the week wiil end oh Sunday night. Q.: I sold a motor-cycle to a youth 18 years old. Having paid about. half the price he now finds he , can't carry on with the payments. By reason of his minority, am I liable to refund what he has paid?— "Ajux" (Wellington). A.: No.

Property Rights Q.: (1) We have just been re-valued by Government and we consider valuation excessive. Can we compel Government to take the land at their valuation? (2) In such case who pays cost of transfer — vendor or buyer? — "G.A.iS." (Christchurch). A.: (1) Provided that you have lodged your objection by the date appointed by the Valuer-General, and that the case has been heard by an Assessment Court, and that within 14 days of the judgment of the court being delivered you have given notice to the Valuer-General requiring him to reduce the valuation to your figure, he must either reduce or- acquire the land at your valuation.? (2) You will not incur any costs. General Q.: Can a doctor sue me for an amount that has been owing for over 9 years? — "Anxious" (Paremata). A.: Unless you have acknowledged the debt In writing during the last six years he cannot sue you for the' amount. Q.: A large dairy factory is polluting drain which flows through my property for a considerable distance, causing bad odors and preventing stock from drinking water from same. Can I get an injunction and also claim damages ? — "Drain" (Cambridge) . A.: Yes. Q.: About fiye years ago I bought three shares m an afforestation company, being told that each share represented a planted acre, valued by the

Government Valuer at £ 1000 per acre and that the timber would be ready m 12 years. I paid £9 and then wrote about four years ago to the company cancelling. They remained silent until some months ago,- Am I liable? ": -^"Returned Soldier" (C am - bridge). A.: You will be liable unless "you can prove that you were induced to take up the shares by fraudulent misrepresentation. The onus of proof will be on you. The delay on the Vpart o£

the company , is somewhat m your favor. Q.: I built a motor shed on my mother's property, with her consent, the shed being nailed to the nouse. (1) I wish to remove same. Can she prevent my doing so? (2) If so, can I claim payment from her for the shed? (3) Can she prevent me from keeping it permanently locked, preventing others from using it? — "Motor Shed" (Christchurch). A.: (1) Yes. Because she consented to your building the^shed it cannot be inferred that she consents to your removing it. (2) No. You built the shed knowing that you did not own the land. (3) Unless she has agreed m writing to allow you the exclusive use of it, she can turn you out at win. Q.: What is the "unimproved value" of a piece of land? — "Forgetmenot" (Okau). A.: The sum which the owner's estate if unencumbered by any mortgage, etc., might bo expected to realise if offered for sale on reasonable terms and if no labor or material has been expended by the owner or occupied for the improvement of the land. * Q. : My neighbors are very disorderly, having concerts and dancing until late hours, Sunday nights included. Sleep is impossible. Have I any remedy?— "Anxious" (Port Chalmers). A.: If the disturbance warrants it, you can apply to the Supreme Court for an injunction restraining, them from such behavior. Q.: Can Interest be charged , on an account which is being paid off by instalments where no mention was made of interest when arrangements were made for the payment by instalments? — "Reader" (Featherston) . .. A.: No. Q.: If a child is born at sea,/ what nationality does it take? — "Arguer" (Wellington). . A.: The question is a complicated one and cannot be answered m a general form. If the ship was a British ship the British courts will deem the child to be of British nationality.