"Truth's" Service Bureau

NZ Truth, Issue 1305, 18 December 1930, Page 22

"Truth's" Service Bureau

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 Correspondents must state names and addresses, as well as nom-de-plume, not for publication, but as a guarantee of good faith.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 telephone will be answered.

UNEMPLOYMENT TAX Q.:' I (have been an inmate of a hospital for several months. Am I liable to pay the first instalment of the unemployment levy? — "Uncertain" (Napier). A.: No; everyone who, on the due .date of any instalment of levy, is an inmate of any public hospital under the Hospitals and Charitable Institution Act or any Mental Hospital within the meaning- of the Mental Hospitals Act, 1911, is exempt from the payment of that instalment of levy. Q.: I am a chronic tuberculosis patient and am unable to work. I am receiving charitable aid for my wife and child. (1) Am I liable to pay the Unemployment levy? (2) If I do not pay, am I entitled to any relief from the Unemployment Board? — "Worried" 0— ). A.: (1) Yes, the Act provides no exemption for such cases as yours. (2) No. Q.: I am totally incapacitated by tuberculosis arid am maintained entirely, by my brother and sister. Am I bound to pay the Unemployment levy?— " Perplexed" (Stratford). A.: The Act does not provide any exemption for you. COMPENSATION Q.: While undergoing an operation m a public hospital, my spine was injured to such an extent that I may be crippled for life. Have I any claim against . the hospital? — "Rupture" (Christchurch).' A.: If the injury was caused through the doctor's negligent performance of the operation, you are entitled to sue for damages. Q.: If a man, working m the bush as a contractor, meets with an accident, can he claim anything from the man who lets him the contract? — "8.H." (Nelson). A.: Ordinarily an independent contractor has no claim under the Workers' Compensation Act. He does not come within the definition of "worker." But an exception is made m favor of contractors to cut standing bush including scrub or to clear land of stumps or logs; such a contractor if he does not sub-let or employ wages men, or if employing wages men actually performs part of the work himself is to be deemed a worker and entitled to .claim compensation accordingly m respect of accidents arising" out of and m the course of the employment. , GENERAL Q.: Is it necessary to obtain a land agent's license m order to let houses? — "J.T.8." (Birkenhead). A.: It is not necessary to obtain a license to let one's own property, but every person shall be deemed to be a land agent whose business it is to act as agent m respect of the sale or other disposal of land or interests m land or the purchase or other acquisition of land or interests m land or the letting of houses and all such agents must hold a land agent's license m order to carry on such business. Q.: Owing to a. misunderstanding my son's birth was not registered. He is now fifteen years of age. Can he be registered now? — "Mother"' (Christchurch). - A. : Yes, provided {hat satisfactory evidence upon oath and such other proof as the -Registrar-General may deem necessary., of the fact, time, and place of birth, and of the particulars of the parents shall flrst be received by the Registrar-General. On application to have such birth registered a fee of five shillings shall be paid to the Regis-trar-General. Registration m this manner does not relieve any person from "liability to a fine not exceeding ten pounds for the failure to give notice and particulars of birth within sixtytwo days from the date of birth. WILLS Q.: I intend to make a will, cutting one of my family out. Have I to leave him anything, and how 'much? Can my' son-in-law sign it as witness? — "R.W." (Wellington). A.: If you make a will without having made provision for one of your family, being husband or child, the will is quite valid, but the person omitted may have a right, under the Family Protection Act, to ask for provision to be made for him out of the estate. To be entitled, he must show more than the simple omission; he must prove special grounds, such as incapacity to support himself, etc. Your son-in-law may sign as a witness provided that neither he nor his wife is a beneficiary under the will. It is very undesirable to have relatives as witnesses. LEGAL Q.: My boat drifted out to sea, and when it came ashore was held by the finder for three months and then sold. Can I claim the boat from the purchaser?—"A.G." (Hikurangi). A.: You are entitled to recover from the purchaser, as the finder had a good title to the boat against everyone but yourself. As against you, he had a maritime lien on the boat for salvage, but to that claim he must take proceedings to enforce his lien. He Shad no power of sale. Q.: An article is marked m a shop window at a certain price. (1) Is the shopkeeper bound to sell at that price; (2) Has there been any case settled by the court -on this question? — "H.M.R.8." (Huntly). A.: (1) No, The price is only an indication that the shopkeeper is prepared to sell at that figure. The article may already have been sold; (2) Not as far as is known, but the matter is clear on general principles. , Q.: A Domain Board leases a portion of a Domain to a Racing Club for a one-day meeting. Is there any obligation on the part of the Domain Board to advertise m the newspaper, circulating m the locality, the letting of the ground and the exclusion of the public without payment of the admission charge demanded by the raoing club? Is there any limit to the charge, which may be imposed upon each person desiring admission to the ground? — "X.Y.Z." • (Dunedin) : A.: (1) The Board are not bound to advertize the fact that they intend to let the grounds; (2) There is no specified charge that should be made. Q.:; Does an order given against me m the Magistrate's Court 12 months ago for a debt still hold good? — "N.Z." (Auckland). A: You can he committed on the original order; a fresh order is not necessary.

MARRIAGE AND DIVORCE Q. : My husband has been m a mental hospital three years as a voluntary boarder, and according to the doctor there is no chance of recovery. (1) Is it possible for me to get a divorce; (2) What is my best way of applying- for the divorce; (3) Also the costs of same; (4) As, through my husband being an inmate of a mental hospital, a*nd ill health, I have been left m poor circumstancea, would it be possible for me to obtain a divorce -without cash. — "Anxious" (Oamaru). A.: In order that you can petition on the grounds of insanity, your husband must have been continuously of unsound mind for a period of seven years and for at least for the last three' years of that time have been an inmate of an institution registered under the Mental Defectives Act, 1911; (2) You had better consult a solicitor; (3) The cost will be between £25 and £30; '(4) You can petition m forma pauperis. In order to do so, you will have to obtain independent counsel's opinion that, you have reasonable grounds of succeeding and obtain an affidavit that the case contains a true statement of the fa£ts. You will also have to make an affidavit that after payment of your just debts you are not worth £50. These will have to be laid before the judge when application is made for leave to petition m this form. Q.: I was granted a decree nisi m 1929. I paid my solicitor m full for the work, but he refuses to apply to have the decree made absolute. (1) Can I demand that he moves to have the decree made absolute? (2) My husband desires the custody of the children, who are at present m a home, but he is not fit to have them. What course should I take? — "Anxious" (Wellington). A.: (1) If you have paid for the work you can demand that he completes the work or refunds the money. If he does not do so, consult' another solicitor. (2) You should apply for an order for guardianship of the children when application is made to have your decree made absolute. . LEGAL . Q>: Is a, girl of 17 whose father has been dead six years forced to help keep her mother's illegitimate child? — "Anxious" ( — ). A.: No. Q.: I left my car at a bowser station with the owner's permission. He used it without my permission, and when 1 made enquiries it was missing. The police found it, but the engine was damaged. Have I any claim against the owner of the bowser station?^— "Anxious" (Levin). A.: Yes; taking out the car without your permission constitutes intentionnl wrongdoing, and he will therefore be liable for all subsequent damage.

Questions should be written clearly In Ink or typewritten, and addressed to "Interpreter," c/o "N.Z. Truth," Wellinaton. While we take no responsibility for any answers, every endeavor will be made to ensure that they are correct.

WAGES AND PENSIONS Q.: I am a woman and have resided m New Zealand 26 years. (1) If Igo to Australia will I be entitled to the old age pension there? (2) If I cannot draw the pension m Australia, can I still draw it if I return here after a number of years? (3) What is the age at which I can draw it and what is the amount? — "E.H." (Tauranga). A.: (1) It is impossible to say. (2) In order to qualify the applicant must have resided for not less than 25 years continuously. Provided that continuous residence shall not be deemed to have been interrupted (1) when the total period of all such absences does not exceed two years, or (2) 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 a period of twenty- five years if the applicant has been actually resident m New Zealand for the twelve months immediately preceding the date of the establishment of his claim. (3) You must have obtained the age of 60 years, or if you have two or more children under the age of fifteen dependent upon you, the age of 55 years. (4) The full pension is £45/10/-, diminishable by £1 for. every £1 of income m excess of £52 and by £1 for every £10 of accumulated property m excess of £52. HOUSING AND RATES Q.: I agreed to rent a boardinghouse at £2 a week for six months, the rent to be then £2/10/- a week. I now find I cannot pay £2/10/- a week as, business is very slack. Am 1 bound by my agreement to take the place for six months? — "Enquirer" (Mamaku). A.: Yes. If the term of the tenancy is less than one year a verbal agreement is binding. PROPERTY RIGHTS Q.; I purchased a house, paying a deposit, and giving a mortgage for the balance. I resold at an increased price and took a second mortgage. Thid mortgage is overdue and the mortgagor is unable to repay it. What steps are open to me? — "H.N." (Johnson ville). A.: If you are not prepared to renew the mortgage, and the mortgagor cannot arrange a new one, you can exercise your power of sale through the Registrar of the Supreme Court. If the property is sold and does not realise sufficient to pay off both mortgages, you can sue the mortgagor personally for the balance. Q. : I own a section of land and am now divorced. If I were to marry again, would I have to get the section transf erred to my new name? — "Section" (Wanganui).. A.: Yes. It will be necessary to register a transmission. t.