"TRUTH'S" SERVICE BUREAU

NZ Truth, Issue 1272, 17 April 1930, Page 22

"TRUTH'S" SERVICE BUREAU

WILLS Q. : Can a will" be made on a form purchased from a newsagent? Must the will be deposited? — "Worker" (New Plymouth). » A.: It is not necessary to deposit the will with an outsider, but the will must be signed m the presence of two witnesses, who must then sign m the presence of the testator and of each other. As long as the formalities of execution are complied with the will can be written on any form. Q.: My uncle (single) died without making a will. He has a brother living m New Zealand. As his nephew, have I any claim on , deceased's estate, or does it all go to his brother? I have an idea he was worth four figures or perhaps over. What amount does the Government take when no will is made? — "Interested" (North Auckland). A.: You have a claim if your parent, who is either the brother or 1 sister of the deceased, is dead. The death duty is the same whether a will is left or not. There is an exemption up to £1000 for estate duty, so that very little can be payable. Q.: I; sold a piano, the price of which was not fully paid up at the' purchaser's death. By her will; she left the piano to her sister. Have I any claim? — "Piano" (Auckland). A.: If the purchaser left no other estate the piano must be sold by the executor, and your debt paid out of the proceeds. All debts must be paid before legacies. < PROPERTY RIGHTS Q.: Can the City Council take my land if I do not wißh to sell. Can they take it at their own valuation? — "Rex" (Wainui). A.: They are entitled to take It If it is required for local works. You are entitled to claim compensation for the land taken and to have your claim determined by a Compensation Court. Q.: My neighbor has. a hedge on my boundary about 12ft. highi which shuts out sun from my bedrooms. Can I force him to cut it and' to what height? — "Taranaki" (Hamilton). A.: If you mean that the hedge is on the boundary and constitutes a live fence then you are joint owners of the hedge and you can insist on its being trimmed to the usual height of a boundary fence. s ' Q.: My neighbor has planted several wattles 2ft. from boundary which are now 15ft. high, unsightly and take all the goodness out of my soil. Have I any redress? — "Taranaki" (Hamilton). A.: You can cut- the trees back to the boundary line. As to the roots it was held m the New Zealand case of Rose v. Hannafln that an action does not lie for damage done by roots from a neighbor's trees even where actual injury has been caused as, 1 e.g., destroying drains. INSURANCE Q.: I ani insured on my own account against accident. I am working as a blacksmith for a man who has me covered under the Workers' Compensation Act. If I meet with an accident m the course of my 'employment am I entitled to claim under both policies? — "Troubled" (Putaruru). A.: You can claim full compensation under your own policy according to its terms. Irrespective of that your employer' must pay you the statutory compensation under the Act. You have no direct claim against his insurance company at all other than a k statutory Hen on the polioy, moneys m the event of his bankruptcy or insolvency.

MARRIAGE AND DIVORCE Q.: Can a person stop a marriage, the girl being under age also under Government protection? The man holds the licence, the magistrate having given consent to the marriage? — ■ "Rainbow" (Richmond). A.: Not unless you know of any ground upon which the marriage would be void if performed. WAGES AND PENSIONS Q. : What pension would a woman receive who retires voluntarily after serving 26 years m the Government Post and Telegraph Department? — "Banjo" (Wellington)." j A.: The amount will depend upon the sum paid into the superannuation fund. Q.: For what periods can an applicant for an old age pension have been absent from New Zealand and not forfeit the right to. pension? — "Pension" (City). A.: Continuous residence m New Zealand shall not be deemed to be interrupted by absence for a total period of two years or where the total period of all such absences exceeds two years, but does not exceed that period by more than a period of six months for every year of residence m New Zealand m excess of 25' years provided the applicant has been resident m New Zealand for ; twelve months immediately preceding the date of the establishment of claim. : COMPENSATION Q.: Being injured m an accident I am claiming compensation under the Workers' Compensation Act. I am a member of a Friendly Society. Can the insurance company deduct from the amount they pay per week, any benefit I receive from the Friendly Society? — "Constant Reader" (Palmerstbn North). . > A.: No. MAINTENANCE Q.: I have ' five small children and my husband's earnings average £4 4s. per week. Am I entitled to the Family Allowance? If so, how much?— "Family Allowance" (Levin). A.: You are entitled to 2/ 7 per week. Apply for it at< once. LEGAL Q.: My daughter, aged 12, was the chief Crown witness m a recent prosecution for indecent assault. The: accused had admitted his guilt to me and to my husband, but at the trial he denied everything and was acquitted, la there any redress as the accused made all sorts of untrue allegations against the girl? — "Anxious Mother" A.: You have no redress. What he said m his defence is absolutely privileged. Publication : of the facts will not help you. No sensible person accepts a jury's acquittal as necessarily conclusive as to the truth of the facts. Q.: We promoted a public dance and engaged an orchestra f?om a neighboring town. The dance was given m a public hall the proprietor of which had refused to have the hall licensed by the Australian Performing Rights Association for the performance of their copyrighted music. Are the promoters liable seeing that the orchestra selected their own music Z — "Music" (Southland). A.: Yes, if they played without permission music the copyright of which is vested m the association. There being no license for the hall, it is the legal responsibility of the promoters to obtain advance authority for the use of the copyright music. Q.: Are persons m England still liable to be hanged for sheep stealing? — "Argument" (Te Aroha). A.: No.

GENERAL Q.: Is there any rule preventing the wife of a man employed m the Post and Telegraph Department from working and making a charge for same ? — "ln . Doubt" (Norsewood) , A.: There is no such rule. • Q.:,On an adjoining freehold section to my freehold property is a huge pinus insignis tree which m the winter practically shades my residence all afternoon. Can I compel the owner of the section to suitably top same?— "Nlcodemus" (Cromwell). A.: You, have no remedy. Q.: I had a lad of ten years boarding with me, and his • father let -. the board fall into .arrears to the sum of £6. The father is now serving a life sentence on a murder charge. Can I claim the money?— "L.R.C." (Invercargill). ' ' . A.: Your only chance is to sue the curator of the prisoner's estate. Q.: I rented a flat. The wash harifl basin which was previously | cracked and leaking was accidentally completely broken by me. .The landlord expects me to pay the full cost; £3/5/-. The rent' book issued to me contains fKe condition that I am to repair all broken windows and any wilful damage. Am I liable?— "A.E.M." (Kilbirnie). A.: If the clause m the rent book is agreed to by the landlord then you are not liable as the damage was not wilful. Q.: My neighbor works practically every night, Sundays included, In his motor garage from 7 till 11, making so much noise that I cannot sleep. He has also a dog which causes annoyance through barking. Have I any remedy? — "Neighbor" (Auckland). A.: If you can show that your neighbor's action amounts to a legal nuisance, you are entitled to sue m the Supreme Court for an injunction and damages. It is all a question of degree. The test is whether any reasonable person having regard to all the circumstances can be expected, to put up with the discomfort and annoyance. . . ' '< ; Q.: I sold through, an agent my-in-terest In the balance of a native lease for £1500. "What is the correct commission? — "Scale" (Waiwera). A.: The correct charge Is £45.