"Truth's" Service Bureau

NZ Truth, Issue 1286, 31 July 1930, Page 16

"Truth's" Service Bureau

INSURANCE

Q.: If I sell my car which is insured under a comprehensive policy as a taxi and I get the buyer to insure it as. a private car, am I entitled to a refund for the unexpired five months of the policy? — "Nosey" (Dunedin).

A.: The company will make you the usual refund on cancellation of your policy.

DEBTS

Q.: A firm operating m NeAV Zealand m 1927 left for Australia owing me £60 for wages. They are now carrying on the same line of business m Australia. Have 1 any claim on them for the money and what is the procedure?—"l.H." (Wellington).

A.: You can sue them for the money. You have the option of either suing m New Zealand, the contract having been made and carried out here, or of suing them m Australia. If you sue here you should proceed- in the Supreme- Court so as to be able to serve them out of the jurisdiction. Having obtained judgment here you can have the judgment transferred to the Supreme Court m the. State where the defendants are residing and have execution issued there. PROPERTY RIGHTS I Q.: I purchased a section which, although subdivided in' l9oo, had no'survey pegs m when I purchased and took possession about a year ago. A question has now arisen between the vendor ahd myself as to the correct line for a new fence. Who is responsible for the cost of survey? — "Spreydon." A.: On a sale the general rule is that the vendor must define the larj.d he is selling; consequently the cost/ of survey falls on him. But that rule m practice is confined to new subdivisions. Here you are buying a section subdivided m 1900, and the peg;s have disappeared. Unless you are prepared to accept the lines of the present occupation, the cost of a new survey should fall or. you. Q.: (lj-Is a sub-tenant occupying furnished rooms and paying weekly m advance obliged to give notice before leaving or is he entitled to any notice to leave from his landlord? (2) Is the landlord responsible if any of the subtenant's belongings disappear or are s stolen? (3). In. case of a distraint for rent, can the sub-tenant's belongings, if he owes nothiner, be sold by the bailiff?— "C.W." (Wellington). A.: (1) Notice is necessary m each case. (2)' No, unless he himself stole them. (3) No. " MARRIAGE AND DIVORCE Q.: (1) Can a girl, of eighteen be married by cohsent of a magistrate without her parents' consent or knowlodge? (2) If a girlof eighteen marries, stating her age as twenty-one, and her husband is unaware of the deceit, what proceedings can the law take against him, or her? — "T.W." (R.)

A.: (l).If the parents ref use . their consent application can be made to the magistrate, but this cannot be done witnout the knowledge of the parents. They are entitled to notice of the application and to appear and state their objections. (2) She is liable to the penalties for making a false declaration; he is not liable to punishment.

LEGAL

Q.: A owes B £30. A repays by instalments of £3. B does not give a stamped receipt for each instalment, but on each payment gives a statement of the balance due upon the account. Is it necessary that this statement be stamped by B?— "H.S." (Westport).

A.: Yes, if the statement acknowledges the amount paid or purports to do so, and shows the balance owing, it is liable for stamp duty.

Q.: My child, who is attending a public school, has a slight cast m one eye. The school doctor states that unless I take the child to a specialist she can prevent his attending school. (1) Can I be compelled to consult the specialist? (2) Has she the power to prevent his attending? — "Worried" (Palmerston North). A.: (1) Under the Education Act if after two notifications you do not obtain suitable treatment you may be deemed' guilty of cruelty towards or neglect of such child and proceedings may be taken accordingly. • If you are not willing to accept the school doctor's advice you should obtain some other medical opinion, so as to be prepared for any proceedings: (2) No.

Q.: I asked a friend who was storing furniture for me m Auckland to send it to me. He consigned it through an express company, who are charging more than the value of the things. Have the company the right to retain my furniture until payment as I did not authorize them? — "All Alone" (Rotorua).

A.: Yes. They have a lien on the furniture for the amount of their charges. If you can show that the charges are unfair your best course if you want immediate possession is to pay under protest and sue for the excess.

Q.: I am a member of a co-operative building society the rules of which provide that members may by notice withdraw from the sbciety m certain events m which case they are to be paid all subscriptions paid m such repayment to be made by the society when it has sufficient funds. As it is often a long time befoi-e such repayment is mnde, can I claim interest from the date of notice?— " Shareholder."

A.: No. The rules are express, and make no provision for adding interest. On the contrary they provide that from the actual subscriptions paid m by you the society may deduct all interest due by you to the society at the expiration of your notice.

Q.: Two years ago T joined a syndicate to float a mining company. I paid ih £10 and agreed on incorporation to take certain shares ; if the company was not incorporated I was to receive my money back less 10 per cent. The company has not yet been registered and is not likely to be. What is my position under the contract? — '"Shares" (Auckland). A.: Although no time was mentioned it must have been an implied term that the company should be incorporated within a reasonable period. Serve the syndicate with notice that unless the incorporation is" completed within a fixod reasonable time you will consider yourself at liberty to sue for the refund. If, however, the company is incorporated within the time limited you will have to take the shares.