LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXII, Issue 167, 17 July 1941, Page 9

LEGAL INQUIRY COLUMN

(By BARRISTER-AT-L AW.) [Letters of inquiry will be answered every week in this column. As far as possible they will be dealt with in the order in which they are received and replies will be inserted with the least possible delay.J WORRIED.—Your case is worthy of further investigation. The question whether compensation is payable depends on whether considering all the circumstances it was negligent to leave the quarry so poorly guarded as it was. The age of the child and nearness of the quarry to the road are also relevant factors. ALLOWANCES.—The earnings of your child who is over 10 will not be taken into consideration in fixing your family allowance. The amount he pays for board will not affect the allowance. You should get an allowance of 8/ per week. FAIR.—The girl is entitled to a wage of 15/ per week, plus an additional 4/ per week for every six months of her total period of work, whether for you or for another employer. if you have paid her less than this amount she is entitled to recover it from you, no matter what wage she agreed to take. WORRIED.—You should write formally demanding a proper statement of account, but on the figures you supply it appears unlikely that there is any balance due to your brother. TOLICY.—You could obtain the probate from the solicitor who acted and forward it to the company as requested. So far as the company is concerned, your father is the person to whom it owes the moneys, and accordingly it requires probate to be produced so that it may be sure payment is made to the person entitled as his executor to receive all moneys due to him. ENGINE DRIVER.—The legacy that you received is deemed to be income for the purposes of your age benefit. Thus in the past twelve months you have had an income in excess of that permitted to recipients of age benefits. One year after the receipt of the legacy you may apply for an age benefit. SEAWARD.—You may erect a wooden fence on your own property to protect it from wind, even though the fence may deprive your j neighbour of sunlight. ANXIOUS. ONEHUNGA—The value of free boarrl ! and lodgings will be taken in account in assessing the amount of any family allow- 1 ance to which you may be entitled. I H.S.W.—No doubt it could be arranged wi ,v > » landlord to return the stove and so save the rent of it. The fact that the tenant has , been paying rent for the stove In the past j indicates that the payment of stove rent 1 one of the terms of the tenancy, and accordingly without the landlord's consent the pay- : ment of the stove rent cannot be discontinue i It is usual for the tenant to pay for the excess water used. MRS. B.—lt does not appear from your letter that you have any remedy against the owner of the dogs. OLD PIONEER.—The faus you mention are not likely to affect your age benefit. You do not supply sufficient details to enable me to assess what age benefit you should receive. PLUMBER.—You are liable for the doctor' 3 account. Your disability did not last three days, and accordingly y6ur employer is not liable for medical expenses or compensation. | M.J.. EPSOM.—I am afraid that it is too late j to reopeji the question of the amdunt actually owing on your mortgage. IN DOUBT.—Any lump sum to which you might I have been entitled has bee' l more than \ absorbed by the weekly eomnftnsation already" r&A to you*