LEGAL INQUIRIES

New Zealand Herald, Volume LXXII, Issue 22145, 26 June 1935, Page 16

LEGAL INQUIRIES

MANY PROBLEMS SOLVED Legal inquiries are answered in this column every Wednesday. Every care will be 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 ill 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 purposes of reference in the column. Dry.—A licence for a hotel cannot be moved more than half n mile within a borough or onti mile outside a borough. A new licence, may be issued upon application in the form prescribed by the Licensing Act and in the circumstances therein set out. The procedure is lengthy and subject to very many conditions, and you should consult; a solicitor. Anxious,—The Mortgagors' Relief Acts apply ; to agreements for sale and purchase. You can give notice calling up the be,lance purohase money. Unless the mortgagor applies for relief within one month, you can proceed with your remedies. If the mortgagor applies for relief, the question of his ability as a farmer and the balance of hardship will be considered by the commission before granting any relief. Octogenarian.—There is a clause No. 1G in the provisions contained in a Post Office Savings Bank book to the effect that any depositor of the age of 21 years or upwards mny nominate one or more persons to receive the whole or any portion of the deposits standing in the name of such depositor at the time of. his decease. There is a special form of nomination n-hich is obtainable from the Post Suvings Bank and which has to be filled in and signed by the depositor. Kiwi.—Old-nge pensioners are not liable for the general unemployment levy. No doubt you will be able to get a refund if you make application for it. E.M.—any tree is likely to cause damage to any electric line 14 days' notice may be given by tho proper authority to remove the tree or any part thereof, and if such notice is not complied with within Beven days the proper authority may enter upon the land and remove the tree or any part thereof, but 60 that no unnecessary damage is done. Compensation may be claimed where the tree was growing before the erection of the electric line. If the authority cuts down trees without observing the above procedure an action for trespass and damages would lie. De Soto ; —lf a wife deserts her husband there is no method by which she can obtain a divorce, unless the husband Rives her oiiher grounds. Hard Hit.—There is no restriction on the amount of interest which may be charged you, but if the interest is such an amount as_ to make the bargain harsh and unconscionable you can apply to the Court to have the transaction reviewed. Loan.—The Mortgage Corporation is under no obligation to advance moneys to anyone—it is a matter of agreement with it. It has power to advance up to 80 per cent if the Government agrees to guarantee the advance over 66 2-3 per cent. For further information obtain a copy of the booklet issued by the Government from the nearest post office. X.Y.Z.—Since you are under 20 you ore not liable for wages to* from November 12, 1£134, and can apply for refund of any tax paid since that date. Tenant.—Until you receive one calendar month's notice in writing to quit you can continue your tenancy at the rent, agreed upon, but if you do not pay the extra rent the landlord can terminate your tenancy by giving ypu the above notice. Porouringi.—Sixpence stamp duty is payable on every promissory note up to i'2s. The answer to the rest of your nuestion is purely arithmetical. It depends on the rate of interest and method of calculation. As to insurance, this will depend upon the horse-power of the car and the amount insured. New Chum.—You are liable _ for the emergency unemployment tax if you are ordinarily resident in New Zealand. You need not make a return of income for income tax purposes unless your income exceiids £2lO per annum. Anxious L.—You cannot re-marry until the divorce is made absolute. If the petitionnr does not get the decree made absolute you can yourself apply. If you are refuned reasonable access to the two boys you can apply to the Court. Pauper.—An undischarged bankrupt may be eligible for the old age pension if he Idas the other qualifications necessary. S.V.K.—The loan, having been raised for it specific purpose, must be expended _ for that, purpose within a reasonable time, and if the council does not do so the ratepayers may take action to force it, "but in the meantime they are not excused from paying rates in connection

•with this loan. John.—You are in the position of a riparian owner, and as such are entitled to the continued flow of the stream uncontaminated. If there is contamination either from your neighbour's pig sty or cowshed you can take action at common law. Perhaps a more immediate remedy would be to get in touch with the nearest health inspector. Fair Play.—Buildings erected on a leasehold property become the property of the owner of the freehold upon the expiration of the lease unless there is an agreement to the contrary. Your other questions invcJlve a search of sTour5 T our title and you should consult a solicitor. J.B.—Your neighbour cannot object to the erection of the garage even if it does obstruct his view. T D.—lf a trustee under a will does not wiuh to continue to act he may appoint anyone as trustee who is capable of acting as a trustee, but the beneficiaries under tho trust should be consulted. Trust moneys can only be invested in "trust securities unless additional power is given by the instrument creating the trust. There is no restriction on the rate of interest, but Q> trustee must act reasonably. Compensation.—You do not state the nature of the work nor other facts on which an answer could be given. The general rule is that the contract of employment must expressly or impliedly _ cover _ the time taken by the worker in getting to ana from his employment before a worker is entitled to compensation for an accident occurring during those times. Query.—The trustee's power to advance money will depend upon the terms of the document creating the trust. If there is no power to advance money, or the trustee exceeds such power, he will be personally responsible for any loss. The latter Part of your question cannot be answered ns you do not state the nature of the document. Chess —Since you were 16 when the amending act of 1932 exempted persons under that age it is clear that you are not entitled to claim any refund of emergency unemployment tax on your w a £ e9 UPto November 12, 1934. but you will be entitled to a refund of any tax you have paid since November 12, 1934. up to date, and you need pay no tax until you reach the ago of 20. Be Prepared.—The Mortgagors (Relief Acts apply to agreements for sale and purchase in the same manner as they app*y to mortgages. P.M.R.—The wages tax is now lOd in the pound and as from November 12, 1934, persons under the age of 20 are not liable. Unless security has been given over household furniture, the mortgagor of the property is not entitled to sell the same, and no security can be given over the property belonging to others, such as boarders. Urgent.—-Any person may give away up to £SOO a year free from gift duty. Since the . value of the property is not this amount in your case, there will be no gift duty, but you will have to pay stomp duty and other costs, which would amount in total to approximately £lO. Share-milker.—lf the insurance is against claims under the Workers' Compensation Act it only applies to accidents arising in the course of and out of a worker s employment, and the insurance company is entitled to refuse to pay a claini for an accident to a worker caused by striking a match to light his pipe. U; "\V _lt is true, that qualification for the old-age pension is dependent upon good conduct and character, but no magistrate would consider revoking the pension for a single conviction for drunkenness unless there were special circumstances. Rabbits.— Notwithstanding that you pay rates to the Rabbit Board, you are liable for the cost of clearing your land from rabbits, and may be sued for the same if you do not pay. Hard Hit.—Although your lease was signed after March 31, 1932, you are still entitled to the benefits of the National Expenditure Adjustment Act with regard to the reduction of rent, since the contract to. lease and the actual tenancy commenced before that date. The method is to fix a rental which would have been paid on January 1, 1930. If the parties cannot agree, this rental may be fixed by the Court. Then such rental is reduced by 20 per cent, and the rent payable as at March 31, 1932, will be reduced to. such amount, except that the rent payable as at March 31, 1932,' will in no case be reduced more than 20 per cent. You can recover excess paid within three months.