"Truth's" Service Bureau

NZ Truth, Issue 1274, 1 May 1930, Page 16

"Truth's" Service Bureau

1 3g)»KgBBaBaBasB<g;gi»»iK«»8Wi«sEa»sira^ ■*—»■■■ Questions of all kinds (except on matters relating to finance, sporting, or cookery, which are answered m their respective columns) 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 Correspondents must state names and addresses, as well as nom-de-plume, not for publication, but as a guarantee of good faith.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 teleDhone will be answered.

PROPERTY RIGHTS Q.: A neighbor lent me a farm implement. While m my possession it got broken; am I legally liable to pay all expenses? — "Farm" (Auckland). A.: In default of any agreement to the contrary, you will only be liable for the damage if it was caused through gross, misuse or negligence. , WILLS Q.: My husband died recently and left a Avill which has not been proved because there were no assets, except the furnishings of a cottage. Have the trustees any power to hold documents relating to my husband's past business from me? I was given his personal effects. — "Widow" (New Brighton). A. : .Probably they have. Documents would not necessarily pass under a bequest of personal effects. 'They may be necessary to enable the trustees to collect other assets — e.g., book debts. Although, owing to the smallness of the estate, it has not been necessary to prove the will, it is yet operative m all respects. Q.: I was appointed . by my sister executor under her will to administer her affair's and also an Interest under my father's will. He died eight years ago, leaving trustees with whom I am not on friendly terms. . They will not reply to inquiries. What recourse have I? Can I have! their trust account audited by the Government? — "Puzzled" (Newtown). » . A.: As executor you are entitled to full accounts and statements of their administration of your father's estate. Employ a solicitor to demand accounts. If these are wrongfully refused your only course is to Issue a writ claiming accounts. The trustees will be ordered to file accounts and ordered to pay the costs. There is no provision for Government audit of private trustees' accounts. GENERAL Q.: A company has not paid a dividend for ten years. Can a minority of shareholders who wish the company to be wound up demand that the remaining shareholders pay them out the amotmt of their shares? (2) If not, have they any remedy? — "Concerned" (Wellington). ■ A.i (1) They are not entitled to be paid the amount of the shares. t (2) The. fact that no dividends have been paid' will not of itself be sufficient grounds for winding up the company, but if the shareholders of the company, who are. also owners receiving the rent of the company's building, refuse to wind up, the minority may have sufficient grounds to make an application to the court to order liquidation. Q.: What age does a girl depending on herself have to be before she can get married without her parents consent?—"lgnorance" (Miramar). A.: Twenty-one years) unless she obtains the consent of the court. Q.: I have a man working for me who lives m a whare, • a permanent structure, but has his meals m my house. He has been m the district over three months. Is he able to vote at a householders' meeting?— " For Old Dad's Benefit." A.: A householder m relation to the election of members of .a school committee means: — Every adult male or female who has for the period of three months next before the day of election resided m any dwellinghouse within the district as owner or tenant thereof. He is resident m the whare although he has his meals elsewhere. ' Q.: I was employed as a farm laborer, and on July 9, 1928, I went out m the afternoon £ or a ride on my employer's hack and was thrown on the main road and broke my. leg. Have I any claim ? — "Fracture" (InvercarA.V Apart from the lapse of time, there is the fatal objection that the accident- happened when you were out riding for your own pleasure. The accident did not arise out of and m the course of the employment. Q.: A wife after failing m a claim for a separation order leaves her husband. Can she claim the furniture and effects, all of which have been paid for by the husband?— "Wager" (Dunedin). A.: Even if she had won she would have no claim. Q.: Could you please tell me the best way to find my mother, believed to be m New Zealand, who was divorced from my father . when I was three or four years of age? I am now twenty-four. — "Important" (Levin) . A.: By advertising m "Truth," stating full particulars, you will be following the example recently set by a judge m the Divorce Court, who after consideration adopted advertisement m this paper as the best means of substituted service.

COMPENSATION Q.: My daughter while pillion riding with a boy met with a serious accident. The boy gave us an assurance that he would not take her pillion riding, and it was contrary to our expressed wish. The cause of the accident was that he pulled out of the line of outward traffic and met a car coming m the opposite direction, head on. Can I recover under the third party risk, and if not, against the boy? — "Anxious Mother" (Wellington). A. : Your daughter will have a claim under the third party risk only against the driver of the motor-car and \only. if he can be proved to, have been guilty of negligence that was the cause of the accident. On the facts, the driver of the motor-cycle seems to have been to blame. If negligence can be proved against him, your daughter can sue. You yourself have no direct claim except as your daughter's guardian ad litem, she being an infant. Q.: Ami liable for damages amounting to £9/10/.- caused through a cow not calving when due? — "Enos" (Palmer ston North.) A.: If you mean that you sold the cow with a warranty that it was m calf or that it .would calve within a certain time you will be liable to pay the purchaser all damage he has sustained being the natural and proximate result of the breach. . MAINTENANCE ( Q.: Can a woman leave her husband and, e ( ight years afterwards, claim maintenance if she is sick and not able to work and is destitute? — "Anxious" (Dunedin). . • <, A.: The scheme of the Destitute Persons Act is that m every case the relatives must pay before the public are called on. A husband must therefore always pay for a destitute wife, even although she has deserted or committed adultery and notwithstanding the lapse of time. His : remedy is to divorce her. Q.: I got a -single woman into trouble and left, the' country seven months befor.e thet child was. born. I returned seven years and one day later. Passing the woman, m the street, she recognised me. If she takes proceedings against me for the maintenance Of the child, am I liable? —"Robin Adair." , . ' A.: She is entitled to sue. you because although the Statute provides that claims can only be made within' six years after birth, yet periods of absence from New Zealand are excluded m the computation. So far, therefore, as lapse time is concerned you have no defence. Q.: My husband deserted me two years ago and went to Australia. Can I take proceedings for the maintenance of myself and children without having him brought back" from Australia? — "E.S." (Makarpwa). A.: If you know where he is you. can obtain an order here and by the appropriate procedure have it enforced m most if .not all of the Austalian States. ..'■/■ j v INSURANCE Q.: I am working for an employer who is insured under the Workers' Compensation^ Act. I am also insuredin a private insurance company against accident. In the event of my getting injured, am I entitled to full compensation from both insurance companies? — "Scriber" (Rai Valley). A.: Your employer must pay you full compensation under the Workers' Compensation Act and his insurance company" indemnifies him. He can claim no reduction because you are privately insured. You are not directly concerned with his .insurance company - except that you have a statutory lien on the insurance moneys m the event of your employer's' bankruptcy or insolvency. As to your private .policy, you should read it to know its contents'. Probably it provides for benefits irrespective of payments under the Act, but possibly it does not. MORTGAGES Q.: I have purchased a house and land on the -hire-purchase system. The vendor holds a mortgage for £600. Can I sell my. whole or part before complete payment? Can I build on the land or pay m a lump sum before the date mentioned in. the agreement? — "Lawyer" (Dunedin). A.: Land is not usually sold on the hire-purchase system applicable to goods. You mean, no doubt, that you have bought on the usual instalment system. If so, there is no reason why you should not sell the whole or part; you can also build, and no doubt the vendor will accept prepayment if it is not provided for m the contract.

Questions should bo 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.: My husband deserted me 18 months ago. If I sue for divorce can I succeed if husband doesn't defend case? — "Anxious" (Christchurch). A.: No. Three years' desertion must be proved. ' . ■ LEGAL Q.: Whilst being given a lift home on the rear of a friend's motor-cycle, we came into collision with a motorcycle going m the opposite direction. I sustained terrible injuries, but am too poor to take action. The other cyclist was travelling at an unreasonable speed and swerved to avoid another vehicle and struck us. The .only independent witness, a boy of 12,' corroborates the other driver that we ran into him. — "A.J.T." (Wellington). A.: You have a good fighting case. Although the boy sides with the other driver, yet they will be contradicted by yourself and your driver, and the circumstantial evidence corroborates you. Notwithstanding your poverty, you will have no difficulty m. obtaining legal assistance; if necessary, sue m forma pauperis. If the other rider were negligerit he is... covered by the statutory indemnity. Juries know this and are accordingly ready to give liberal damages;. • Q.:>A girl bought clothing, and after paying part of, the bill got married. The , draper now demands payment from the husband. Who ' is liable?— "Anxious Mother." - s A.: The husband is not liable for his wife!s pre-marriage debts, except to the extent | of any property that he acquired with her on marriage. ~ The girl will herself remain liable, but any judgment now pb'tained against her will be limited to her separate estate. Q.: A. sends to B. a telegram, addressed care of C. C. opens and destroysi the telegram. Has" A. any reniedy? — I "Radio" (Wanganui). A.: Under Section ,114 of the Post and Telegraph Act 1 ' every person who contrary to his duty opens or procures or suffers to be opened a postal packet (which includes a telegram) or procures or suffers, the same to be detained or delayed, is liable oh indict? ment to Imprisonment for any term not exceeding two years, with or without hard labor, "or to a fine of £50, or to- both: There is also the; civil liability, to pay to either the sender or to the addressee or to both. any damages that may have been sustained. Q.: Four, brothers were equal partners m a ilaxmill business. One died over, 20 years ago. The wife of the deceased was advised that she would never want and has 'apparently signed herself out of everything. She has now died ; can her family recover her share from the other partners? — "Hard Done By" (Invercargill). . . A.: Employ a solicitor to ascertain exactly what your mother signed and its validity. No doubt an account was stated and she was paid. But if there were no settlement ,it is not too late to claim accounts. >. '