LEGAL INQUIRIES

New Zealand Herald, Volume LXXIV, Issue 22774, 7 July 1937, Page 7

LEGAL INQUIRIES

MANY PROBLEMS SOLVED

This column appears each Wednesday. Care -will bo taken to ensure that the legal guidance is sound and accurate and as complete as poesiblc on the facts supplied, but no responsibility is undertaken for the advice or information. Send questions to " Advocatus," care of Editor, New Zealand Herald, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona lido addresses. Initials or a pseudonym must also be given for purposes of reference in the column "Worried, Matakohe. —The tenant of a house is not entitled to cut down trees on the property and will be responsible to tho owner of the property for any damages if he does so. Ho is not responsible to anyone else. 4.X.—Unless a person is engaged in the business of buying and selling shares the profit made on a sale of shares is not regarded by tho Income Tax Department as income. Where, however, there were very numerous transactions, tho department might well contend that tho taxpayer was engaged in such business. R.L.—lt is a matter of agreement. An employer is now liable for accidents to his share-milker in tho course of employment. A share-milker is liable for accidents to anyone employed by him. Insurance is not compulsory, and therefore tho parties may 'agree as to who insures and as to who pays tho premium. Stamp duty on a share-milking agreement is Is 3d. Centals.—lf you wish to raise tho rent, in order to be safe, you must either apply to a magistrate to fix tho fair rent or come to an agreement with the tenant which is approved by an inspector of factories. Otherwise yon will not be safe even if tho increased rent is paid to you since the tenant can claim any difference between tho fair rent fixed and rent paid for a period of six months back. A magistrate, in fixing a fair rent, allows from 4 to 6 per cent on the capital value, rates, insurance, repairs, and a sum for depreciation, if any. Hamilton.—(l) Business premises, no matter how small, do not come under the Fair Rents Act. The tenant has the option of paying or vacating. (2) A lessee has as an incident to his interest a right to assign or alienate that interest. Ho may part with his whole term by assigning or lie may alienate part of his interest by subletting for a term less than his own. But it is usually a specified provision in a lease that the lesseo will not assign without the landlord's consent. Doubtful.—Continuous residcnco in New Zealand for 'JO years is necessary for the old-ago pension. Continuous residence is not interrupted by absence not exceeding two years. An additional six months period of absence is allowed for every year in excess of tho 20 years' residence provided the applicant has resided in New Zealand during the 12 months immediately preced-

ing tiio dato of application. Even with this modification you still cannot qualify. F.A.B.—See answer to Doubtful.

C.M.—lt is very doubtful whether you have any redress at all. Tho road authority has a right to enter private properties to construct drains to take stoimwater or surface water from tho road. Compensation may ')e claimed within a specified time (12 months) of tho completion of the work. Tho authority no doubt must use reasonable care in selecting the location and forming the drains. If there is negligence there, the cause of action would probably continue for six years, but the onus of proving negligenco would bo on the owner of tho adjoining land. Libra.—You are not responsible for your wife's debts unless they are for necessaries or ,vou have in some way authorised the contract or agreement which gave rise to the debt. It is clear in this case that tho books arc not necessaries, and equally clear that you did not authorise their purchase. You are therefore under no liability. Your wife, of course, is. WAV.—Unless you have acknowledged tho debt in writing within the last six years you can plead that tho same is statute barred and the creditor cannot recover through tho Court. Anxious. Whakatane.—(l) The company can at its option either forfeit tho bond or enforce payments of instalments to dato. (2) They cannot sell the fully paid up bond in the same company, to meet the arrears on the other bond, unless you have given some charge over the fully paid bond. Such charge may be contained in either of the original agreements to take bonds. However, if the company sued for the arrears and obtained judgment it could no doubt sell the fully paid bond in execution of such judgment.

Claybank.—Tho hours of work of farm hands are not fixed either by the Agricultural Workers Act or by any industrial agreement. They are still a matter of agreement between employer and employee and this appears also to relate to work on Sundays and statutory holidays. By Order in Council the provisions of tho Agricultural Workers Act were made to apply to the employment of agricultural and pastoral workers on farms and stations as from May 3, 1937. This Order in Council fixed the minimum wage and the minimum holidays and also makes provisions with regard to board and accommodation. The provision for holidays is that IS days must be given in each year. The year would of course commence from May 1, the holidays to be taken at the employers' convenience. There is no specified condition that, the

holidays must be continuous. It, therefore, appears ,ope i to argument although not very reasonable that a man who receives every Suaday off has received more than IS days holidays and cannot ask for an additional holiday. This no doubt is a mattor which will be fought out at some date or qualified by further legislation. Tenant, —If your rent is paid up to date the owner of the premises cannot put you out since you are protected by the Fair Rents Act except on tho grounds specified by that Act, none of which apply here. In any case you would be entitled to one calendar month's notice in writing and can disregard a week's notice.

F.E.B. —Permanent not temporary incapacity is a qualification for tho invalidity pension. In your case the incapacity does not appear to be permanent, consequently you would not bo entitled to tho pension.

Fair Play.—lf the article was sold to you as new and in fact has been used and such use has materially affected its value, you can refuse to take it or you can return it and demand any money that yon have paid.

Interested.—Upon divorce the relationship of husband and wife ceases. Orders made in the Magistrate's Court under the Destitute Persons Act are dependent upon that relationship subsisting. A wife, therefore, must make a fresh application for maintenance or alimony within a reasonable lime of the decree absolute. It will then be for the Supreme Court to decide whether she is entitled to alimony or not.

Pensioner's Niece.— Legacies not exceeding .CoOO expended in the purchase of a home, or improvements thereto, or to pay off tho mortgage thereon, or for any other purpose the Commissioner deems reasonable are not included as incomo and therefore' do not affect the old age pension unless they bring the net accumulated property of tho pensioner over £SOO. tvj tt Since "A" has sold the mortgaged ' property he now becomes a guaranunder the Mortgagors' and Lessees Kchabilitation Act, and since notice was given to him before the end of December and he has made no application for relief from the personal covenant, ho will remain liablo even if the Commission grants relief to "C." the. present owner and mortgagor. Finance. —The Reserve Bank is now entirely State owned, the Government having taken over all privnto shares. It is governed by a board of directors, who, however, must give effect to the Government s policy as enunciated by the Minister of Finance. Scatterbrain. —You receive a part of your wages. A reasonable rental should be estimated and you shouldpay wages tax on this, in addition to the actual money you receive.

Anxious. —You would not be entitled to get possession of the house for your' married daughter. Tho Fair Kcrits Act provides that a landlord may obtain possession if ho reasonably requires the property for his own occupation. " His own occupation would include that of his family ordinarily living with him.

Wiriti. —A married couple can have <by wa> of income and pension £IOOPP r I linn UJ?;i„,j you make application you will be entitled to exemption from both levy and employment tax on income other than salary or wages, iou can have £SOO in the bank without your pension being affected, provided you have no other assets, which aro taken into consideration. Neither land, nor any interest in land, nor a mortgage on land, any furniture or personal effects are taken into consideration.

J.S.K. —Notwithstanding the fact that no actual wages aro paid 1o the companion the relationship of master and servant exists, mid under tho amended Act of n936 the companion would have a claim for compensation for any damage suffered by reason of an accident arising out of or in the course of her employment. Before the 1.030 Act the Workers Compensation Act did not apply unless tno employment was part of the employer s business, or one of certain specified occupations set out in the schedule to the Act. but now tho scope of tho Act has been enlarged to include almost any occupation if within a period of 12 months of the date of tho accident in respect of which a claim for compensation is made the worker lias been at any time engaged or employed for not less than three consecutive days by tho employer by whom 110 was employed at the time of such accident.