Brief Replies To Correspondents

NZ Truth, Issue 1258, 9 January 1930, Page 16

Brief Replies To Correspondents

''A.F.D." (Waitara) : Wellington first ' class return round, trip. £7/13/4: West - port £1/15/- extra.— "Tennant" (Mt. Al bert): (1) If there was no agreement a to notice you will be entitled to on calendar month; (2) The proceedings ar [ quite valid. You have no prior claim b being a Returned Soldier.— "Constan ', Reader" (Wellington): If you are unabl 1 to work for six months you will be en 1 titled to a lump sum of about £100 fo 1 that period alone, while if you sijfEe partial Incapacity after that you will b . entitled to more.-r-" Anxious" (Duiiedin) Probably the order is invalid. You shoul< consult' a solicitor and see whether i complies with the provisions of the Mer cantile Law Act.— "Fair Go" (Soutl Dunedin): They are entitled to give yoi , notice. You have no redress. If you tenancy is determined you are not en titled to compensation for the garden."Hard Up" , (New ; Plymouth); Yes."M.A.J" (Palmerston North): (1) Yes (2) See a solicitor.— "lnterested" Hast ings): You should have a search made o the marriage register at the Registrar. Office. The cost is 2/6.— "High Syce' (Hawera): No. The order cannot be en forced after the child reaches the age o 16.— "Inquirer" (Ashburton): She cai only claim the pension while, she woul< have been dependent on the deceased.-

the policy be forwarded. They are bound to send you the policy rather than refund what you have paid. —"J.W." (Timaru) A The, estate duty is £1680. Particulars of the succession duty cannot be given unless particulars of all those entitled to share are given. In N.Z. there is no difference between real and personal property as regards succession.—"Beer" (Auckland): (1) Yes; (2) There is no restriction.—"Pioneer" (Auckland): The matter is one between yourself and the N.Z. Government, as the British Government no longer has control over land m N.Z.—"Hardship". (Auckland): You can apply for some concession as to time, but it is unlikelythat you will get it.—"Pater" (Bay of Islands): (D.ftTes; (2) Apply to the local registrar of pensions,, or ,go to the Postmaster for information.—"Query" (Ashburton): If it is merely a benefit payable by the lodge and the amount exceeds £2, you must affix a 2d stamp. If the amount payable is by, way of wages no stamp is necessary. —"Stung" (Auckland) : .You can write that unless the book is forwarded within a certain time the money must be forwarded. There is no doubt that the firm will forward the book when it is available. —"Worker" (Hamilton): Ordinarily you can arrange repayment. If you have any money it is usually wise to repay: —"Roosters" (Ponsonby): You can sue for damages for any loss you have sustained. —'"B.A.R." (Midhurst): £3/3/0 plus disbursements about £2/15/-.—-"Fair Play" (Ashburton): The trustee is entitled to reasonable time, but he certainly seems to have been unduly dilatory. He is under a duty to give you full information. Write him demanding accounts and threatening an order m default. If not supplied your only course will be to issue a writ.—"J.S.M.R." (Hastings): . No.—"Puzzled" (Nelson): Since you have no evidence at all, except the doctor's statement, it would probably not be worth while taking action against them for assault. On your statement you have a legal claim for damages for assault provided you can procure facts. —"Anxious" (Auckland): No. —"A.&." (Wellington): The amount may be claimed at any time within six years. — "Digger" (Kurow): 5/- per year.—"Constant Reader" (Greymouth): Yes.— "Cockie" (Auckland): The usual charge would be £42/10/-.—"M" (Taupiri): If he is actually discharged, he is free from the date of his discharge. If,-however, he is merely out on leave, he does not become free by. mere lapse of time unless he escapes from the control of,the person m whose charge he Is, m which case he becomes free after three months.—"Worried" (Birkenhead): (1) The marriage is legal; (2) It^ is very unlikely that he would have registered the change. You can only find out by "having a search made at all the Supreme Court registrys m N.Z. —"Twa Scots". (Island Bay): You can sue him for the amount. —"Blank" (City) :A You can apply for a divorce ohi the ground that the. separation dates from November, 1926. You should sue m forma pauperis. See a solicitor.—"Worried" (Wellington): If you have any accumulated property lf> will be deemed to return you at least 5 per cent, income. If you only receive 5/,- now your pension wijl be diminished by the amount of any further income you may receive. — "Battler" (Otane): The only thing you can do is to defend the action on the ground that the' amount has been paid. Give notice that you intend to defend. You cannot sue yourself. —"Anxious" (Christchurch): If the boundary is already fenced, you are under no further liability.—"Southern Cross" (Auckland): The- 1 general rule is that the claim! must be made within six months from the date of the injury, but the court will generally allow action to be taken later if there are'i reasonable grounds for so doing. —"Anxious" (Rotorua): You will have to wait three years. —'•Fruit" (Nelson): The fee is quite legal.—"Constant Reader" (Christchurch): (1) Unless there is any agreement as to notice, you are entitled to one calendar month's notice,;' (2) If this. Is given you will have to gb; (3) She is not entitled to put up a notice while you are m possession. —"D.C.M." . (Backball): Landscape gardener specialises m lay-out of public and private grounds.— "0.T.0." (Wellington): Mascott (Sydney), Point Cook (Victoria), Adelaide. — "T.E.D." (Mokotua): Not known.—"Anxious" (Kaikoura): (1) No; (2) Yes.— "Cousin" (Dunedin): No. He is at liberty to take proceedings and,to name your cousin as co-respondent.-r-"X.Y.Z." (Christchurch): (1) You can petition, but if your wife defends and .can establish that the separation was brought about by your wrongful conduct your petition will be dismissed; (2) £20 to £30.—'.'Enquir- . er" (Kaipoi): The general principle is that boundary fences cannot be interferI ed with without both owners consenting

or being given an opportunity of being heard. You should therefore serve your neighbor with notice of what you intend to do. If he objects the matter can then be referred to the magistrate. Your contention that a live fence should be.restricted m .height is reasonable and the court would probably give you relief. The timber must be divided between, both owners.— "Wolseley" (Wellington) : Anyone who does anything' the effect of which is to concentrate on to his neighbor's property the natural drainage from his own land Ais liable for the resulting injury.— ''Perplexed" (Dannevirke):. If the, vendor contracted to give you vacant possession then you should serve notice on^him requiring him within a reasonable time to eject the tenants and intimating that on default you will rescind the contract. If he fails within the time limit you * will be entitled to repayment of the deposit plus expenses and interest.—" Argument" (North Canterbury) :(1) Any publican who refuses, except for some valid reason to supply travellers with lodging, meals or accommodation, is liable to a fine of £10; (2) No. — "Alien" (Timaru): (1) You are deemed to foe a British citizen; (2) No. — "Aussie" (Hinuera):, (1) -They can place her m the care of the Child Welfare Superintendent; >. (2) . No. — "W.R." \(Alexandra): No.— "Unlucky" (Westport): Five per cent, for the first thousand pounds, 2% per cent, for the next thousand, and 1 per cent: on any further sums.—"Anxious" (Waimate): No. You have to advertise the application, and serve notices on the creditors, and this involves expense. It is Ajisual to employ a solicitor to prepare , the. documents arid to appear m court— "Curious" (Auckland): (1) It is not illegal unless there is any local bylaw prohibiting it. (2) No. whether you notify the owner or not. — "Hard Up" (Stratford): You are liable only to the extent of any property which you have acquired through her by your marriage.— ''Curious" (Weber): Yes.— "Fowls Nui-v sance" (Auckland) : An action for damages. — "Worried" (Newtown): No* — "Suit Case" (Otaki): Not unless she obtains the consent of a judge or magistrate. — "Eltham" (Eltham): It is at your option. — "8. J.F.N." (Ngaio): It is a fixture and passes on the sale unless excepted by the vendor. — "P. and J." (Newlands): No— "D.J." (Lower Hutt).— Yes, provided she Is able to earn her own living and lives a respectable life. — ''A.G." (Wanganui) : .. (1) Yes. (2) Full pension of £45/10/- per annum will be diminished by £1 per annum for 'every complete £10 of accumulated property (other than dwellinghouse, arid furniture) m excess of £60. — "Anxious" (Dunedin): As the existence of the borer ,was disclosed to you you were put on inquiry as to the. extent. You cannot avoid the sale. If you abandon the place you will forfeit what you have paid and the improvements effected and will -remain 1 liable ori the contract if the' vendor chooses tp enforce it— ''Fair Deal" (Warea): Yes— "Client" (Johnsonyille): Twelve.— "J.A." (Balfour) : No. It may Abe a reason for the iriagistrate granting" the tenant a longer time when making an order of ejectment. — "J.T.C." (Featherston): (1) Application may be made to the court to have the dog destroyed. -You will "be liable to pay the price of the sheep. (2) ' He will be liable to pay the cost of renewing the fence. — "C.D.X:" (Auckland) :. No. Application for the family allowance must be made by the father.— "Anxious" (Kaipoi): They may be compelled to contribute" to its support if its father has been adjudged the father of the child, and they are of sufficient financial ability. — "Anxious" (Southland) : Twenty-six and , a-half ; per cent, of two-thirds of your weekly earnings'for 208 weeks, or a lump sum equal to the present worth of that amount. — ; "Anxious" (City): No. In the circumstances you ' have good • grounds for refusing.— "Motor" (Nelson): Yes, you can sue him for damages for negligence. — "Curious" (Christchurch): No. You have nb control over .the matter: It is for the testator and not for 'you to appoint the j trustee.— "Curious" (Christchurch): Onethird to husband and tWo-«,hirds to the, children if the parents are tenants in] common. If they are joint tenants, which j is less likely, the husband would take the whole.— "lnquirer" (Southland): If the youngest son is alive nothing can be] done; If he had been thought to be dead the proper course -would have > been toi make all inquiries and then to 'apply to the court for leave to presume that he died unmarried and intestate. If an order were made the property could then be divided. If the other children have claims as creditors there is no reason why those claims should not be paid at once. — "A.N." (Hawera): (1). Yes. (2) Yes. (3) Yes.— "Constant Reader" (Rangiora): You. are still liable unless the mortgagee by some act of his own such as giving time'to your son without your consent has discharged you. The mortgagee was justified m taking possession arid was not bound to give you notice. If you pay the guarantee you are by law entitled to have all securities held by the mortgagee transferred to you. As soon as you hold the mortgage you can sell under it to a third party or by buying. in at a Registrar's sale yourself "become the owner. — "Parehura" (Whakatane): It is lawful for the Governl or-General to proclaim "districts m which such sales are illegal. If you live m such a district you cannot procure liquor for consumption off the premises.— "Worried" ( -): There is no legal duty on anyone to disclose that a crime Is being committed.' Mere non-disclosure is no crime. You cannot be said to be aiding and abetting. You are merely an employee and are not participating m the gains and he does not confide m you the true position. You should be careful to strictly confine yourself to your duties as book-keeper and not to do anything furthering or promoting the fraud. — "Lucifer" (Wanganui): A stamp is not necessary.* He owed you only £1/19/6. That was the amount of the debt at the time of payment.—"Cocky" (Darfield): (1) No. The boards have statutory authority to erect ' lines over private property. (2) Yes.— North Pier*' (Hastings): The fact that the hirepurchase agreement is m your name will preclude the creditors from claiming the car as being m the order and disposition of your father at the time of bankruptcy. — "Highlander" (Dunedin): He is liable m damages for all sums lost through his negligence.—"Anxious" (Waihi): No. — "Earnest" (Invercargill): The restoration of the medal is entirely a matter of discretion, and you have no right to demand 'it. (2) It is unlikely that you would get the periston on your .return to England.— "Digger" (Kurow): No, so long as one is not a gardener by occupation. — "Window Gazer"- (Gisborne) : No. He cannot be made to sell even for 32/6.— "Constant Reader" (Tangarakau) : No. You are not a butcher, and the fact that the cattle are wild will not justify the sale. .