LEGAL INQUIRIES

New Zealand Herald, Volume LXXII, Issue 22139, 19 June 1935, Page 20

LEGAL INQUIRIES

MANY PROBLEMS SOLVED

Legal inquiries are answered in this column every Wednesday. Every care will bo taken to ensure 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 " Advocatns," caro 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 purposes of reference in the column. Francis.—The debt being over six years old nnd no acknowledgment or payment on account having been made within the last six years, it is 'statute barred, and the creditor cannot recover through the Courts. „ Farmer. —There is a provision in the Fencing Act thai the planting of trees "on or alongside" the boundary fence constitutes an offence, for which there is liability to a fine not exceeding jC2O. Also, if there is a conviction, the adjoining owner may enter on the land 1 and cut down, uproot and destroy such trees. It lias been held that trees, planted two feet away from the boundary are not "on or alongside" the same and that nction must bo commenced within six months of the planting. The only other remedy available to the adjoining occupier would i,e an action at Common Law for nuisance if the trees encroach on his property to such an extent as to interfere substantially with the same and cause actual damage. As to your second question, you should consult a solicitor. Wager.—lf a petitioner in divorce can show that he or she after payment of debts is not worth more than £'so, that in the opinion of independent counsel he or she lias good grounds for a divorce, and the Court is of opinion that 110 other party to the proceedings is in a position to pay the costs, leave may be given to proceed in forma pauperis, in which case no solicitor's costs will be payable except for a sum of i's allowed to cover ofliee expenses. Enquirer.—See answer to "Wager."' Victim.—A passenger in a motor-cnr who suffers injuries in a collision with another motor-car is entitled to claim damaces against the driver of either car who is negligent or against both if they are botli negligent, and such damage may include medical expenses, clothes and compensation for shock nnd suffering, nnd such claim comes under the compulsory third-party insurance.

Information.—All persons are entitled to make reasonable use of public roads and highways, but "yelling and singing" to excess on a. road at night is an abuse of such right and can bo restrained by the appropriate procedure. Settlement.—The death of either the mortgagor or the mortgagee does not exclude a mortgage to which the Relief Acts apply from the benefits of the provisions of the same.

Plume.—An occupier of any fenced or unfenced land may impound the pigs nnd claim the special rates allowed by the Impounding Act. If your land i'b fenced and is in artificial grass or is under cultivation you may destroy the pigs trespassing on such land, in which case notice within 24 hours must be given to the owner, or if unknown, to the nearest police station, and if the carcase is not claimed within 48 hours you must bury the same. Fair Play.—See answer to "Plume." Inquiry.—There is no award governing domestic servants except those employed in restaurants and hotels. Accordingly, such questions as hours, rates of pay and holidays are a matter of agreement between the employer nnd servant.

' Just Me.—See answer to "Inquiry." The position is the same with regard to farm hands. Pine Tree.—At most you will have a right-of-way. and you are not entitled to fence off such right-of-way, or to prevent the owners of other land from using the same. If the land is under the deeds system you can establish your right by appropriate measures, hut it will be necessary to do this before the land is brought under the land transfer system, otherwise such right, unless put on the title, will be lost. The right to the Co acres can be ncquired in the case of deeds J land by adverse user i'or 20 years. ! Curious.—lf the rent is fixed by reference 1 to the capital value of the lands comj prised in the lease from the Gpvernl ment and exceeds 5 per cent of such j value, the 20 per cent reduction provided ! by the National Expenditure Adjustment j Act applies. I Insurnnce.—The eldest son is not entitled | to hold the insurnnce policies as against | the other members of the family, who, on intestacy of both father and mother, are equally entitled tr, share in the estate, but as the eldest son resides in England, and the policies are English policies, any litigation with regard to the matter would bo expensive, and although costs must be allowed against the eldest son, he might not be able to pay them. Tax.—Unless you pay your wife wages under an agreement to thnt effect you are not entitled to deduct the same from your income to arrive at the assessable amount for taxation purposes. X.Y.Z.—If the first wife of the man wns living and no decree making a divorce absolute had been made, the second lady who went through a form of marriage with the man can treat such form of marriage as an absolute nullity, without taking any proceedings. Timber.—When you bought the farm nnd completed your title to the same, yo.u bought also the standing timber on it, and you are not, bound by any agreement to the contrary of which you had no notice. Your neighbour, therefore, who has an agreement- *o cut timber, is left to his remedy against the former owner for breach of contract. Annoyed.—Firstly, you are entitled to cut overhanging branches back to the boundary. Secondly, if you can show that the overhanging trees from your neighbour's property so seriously interfere with the enjoyment of your property ns to cause you actual damage, you can take action against your neighbour for nuisance. Tiny.—Any payments you make in connection with the improvement of your section of land or the purchase of it do not affect the assessment of your income for income tax purposes. Sinee your salary is under £2lO. you need make no return ns to income. Until the land returns to you something it is not necessary to make uny return in respect of it, but as soou ns it does show a return it will bo necessary to make income tux returns, nnd also a declaration in respeot. to unemployment tax. Will.—lf the testator is dead and probnte has been granted, you can obtain a copy of the will, but if the testntor is alive there is no way in which you can obtain a copy of the will. But. with the testator's consent, you can see the original, if it can be found. Tf the testator has any doubt as to where the will is he should immediately make a new one. Grass Land.—(l) The position depends entirely on the terrfn of the agreement between the lessor an,l the lessee. (2) A weekly or monthly tenant is responsible for repair of premises where the disrepair is caused by the tenant. lie is also responsible for the repair of fences. Railroad.— (1) It is the duty of your wife to live with you in the home you provide for her. If she refuses you can sue for restitution of conjugal rights, but she may still refuse to obey any order the Court makes in which case your only remedy is to petition for divorce. As to custody of your children, the Court will decide what i" in their best interests. (2) Your wife cannot compel you to live with her under her mother's roof. (.')) You have no grounds on which to npply for a separation in the Magistrate's Court. Adda.—(a) Emergency unemployment tax is payable by males tinder the age of 20 up to November 12. 19,' M, unless subsequent to the passing of the amending Act of 19.T2 they were tinder the age of 16 years, (b) The principle "no taxation without representation" has not the force of law, nor can it over-ride a specific statute imposing a tax on persons under the age of 21 years who have no vote. Avondale.—You are not entitled to any refund of unemployment tax.

Curious.—Since you are tinder the nge of 20 you can claim a refund of any tax you have paid since November 12, 1934,

Trust.—A beneficiary may be a trustee in nil estate and collect rents, but he will not be entitled to remuneration unions this is provided for by the instrument creating the trust. He iH entitled to apply to the Court for an allowance as commission, and in a proper case the Court has power to make an allowance up to 5 per cent. X.Y.Z.—(I) If a debtor by tardiness in payment of an account makes it necessary lor the creditor to employ a solicitor, the creditor can properly request payment of tho solicitor's reasonable charges in addition to the amount owing. Compound interest cannot be charged on a debt unless there is nn agreement to that effect. (2) Any building use/l for public meetings or entertainment within a borough mnst be registered under Part 25 of The Municipal Corporations Act, 1933.