LEGAL INQUIRIES

New Zealand Herald, Volume LXXII, Issue 22045, 27 February 1935, Page 16

LEGAL INQUIRIES

MANY PROBLEMS SOLVED Legal inquiries are answered in this column every Wednesday. Every care will be taken to sure that the legal guidance given is sound and accurate and as complete as possible on the facts supplied, but it is to be understood that no responsibility is undertaken for advice or information published in this column. Questions should be addressed to "Advocatus," care of The Editor, New Zealand Herald, Auckland, and must bear the inquirer's name and address as a guarantee of good faith. Initials or a pseudonym must also be given for a purposes of reference in the column.

■ Remuera.—lf you can prove that the keeping of the fowls amounts to a nuisance and that you suffer actual damage, you can take action for damages and to have the nuisance a"bated) but it appears to me you have a weak case. Before doing anything in the matter it would be advisable for you to consult a solicitor. Twenty-eight Years' Subscriber.— Minors under the age of 21 years require the consent of both parents to their marriage, unless the parents are separated. If the parents are separated, they require the consent of the parent who has guardianship. If such consent is withheld, a minor may apply to the Court for consent. Pater. —Theoretically a father retains control over his children until they reach the. age of 21 years, except where, being daughters, they marry under that age; but, practically, his qontrol becomes progressively less as the ohild grows up, so that when a child has reached an age where it can support itself and is presumed to be able to think for itself„ ho will rarely receive any assistance from the Courts in enforcing his authority. There are, of course, certain statutary encroachments on the father's right of control. Happens Frequently.—(l) You are entitled to keep the deposit paid on the flat, sinco the tenant lias repudiated the tenancy. (2) Such a tenancy is enforceable, although verbal, unless for a term of more than one year. (3) If you retain tho deposit, you are thereby treating the agreement as at an end, and are entitled to no further notice. J.T. —(1) There are certain securities authorised by law for the investment of trust moneys. The _ list is too lengthy to be set out in full, but it includes Government securities and first mortgage on land up to twothirds of the value. There is no fixed rate of interest. (2) An audit of a deceased person's estate is not compulsory, and the method of individual auditors vary. (3) If any person wishes to contest a will he should act promptly and before probate is j granted. (4) The date of distribution of money or property under a will depends on the terms of the will. Executors are usually allowed ono year in which to distribute the property if no time for distribution is specified in the will. Two Duds.—Upon the expiration of a lease the lessee or tenant must give up possession to the landlord. No notice by the landlord is necessary. If possession is not given up, the lardlord may enter forcibly. Only such force as is necessary to effect the entry is permissible. A. lessee may apply for relief, but relief will not take the form of an extension of the

term. Share.—The work a share-milker can be called upon to do depends upon the terms of his agreement. The words "employer shall control the labour',' refer to only such labour

which the share-milker has agreed to do under tho agreement. Bee.—Where husband and wife both apply for the pension the joint property, excluding tho house they occupy, is reduced by £SO and the balance halved, and £1 for every £lO of every such half deducted from each pension. The total income cf the married couple must riot exceed £127; £1 for every pound in excess of this amount is deducted from the pension. Moneys held in trust by either applicant are not included in the assessment of their property. Since you do not say what sum you have in the Savings Bank, I cannot estimate yonr pension. Chain.—You are not entitled to any compensation for the loss of your dog killed while worrying sheep, and must make good the value of the sheep. You are entitled to claim for damage done to your property through your neighbour's sheep trespassing thereon, unless such trespass is the result of your own negli-

gence. Honest.—l. If the property in your name genuinely belongs to your mother, it should not be taken into account in an application for relief by you in respect of a mortgage on your own property. It would, however, be advisable for you to state the position. 2. The question of granting relief is a matter for the Relief Commission, which takes into consideration the financial position of the mortgagor and the mortgagee, the nature of the security and other

matters. It appears probable you would get relief. S.J.C. —If your property has depreciated in value as a result of alteration in the level of a road or street you are entitled to claim compensation, but-you must bring your action within 12 months of the completion of the work. ~ Mac,—l. A husband is not liable for the debts of his wife contracted before marriage. 2. Your letter shows you have entered into a binding contract to purchase the furniture) and are accordingly liable thereunder. M.A.T.—It is regrettable, but you have no remedy against your neighbours in respect of fires lighted on their lands until the same spread on to your land and cause you actual damage. Sunshine.—The method of changing a surname is by deed poll registered in the Supreme Court; approximate

cost, £5. Farm Hand.—lf it was agreed between you and your employer that Sunday was to be your day off, you are entitled to refuse to work on that day except, possibly, in the case of emergency, and if your employer dismissed

you as a result of your refusal you are entitled to a week's wages in lieu of notice. Inquirer.—The Auckland City Council follows the procedure of applying to the Minister for confirmation of the 12J per cent reduction in the rates on lands on the Urban Farms Lands list. Upon receipt, of such confirmation the ratepayer gets the benefit of the reduction, This procedure is being followed in your case. H.S.L.—You must pay the unemployment emergency tax on the net profits from running your business which

appear in your case to be about £IOO. Quandry.—lf your mortgage was in existence on April 17, 1931, or in substantial replacement of such a mortgage, the mortgagee must give you written notice before exercising his remedy, and you can within one month apply for relief, when the commission will take all matters into consideration^