LEGAL INQUIRIES

New Zealand Herald, Volume LXXII, Issue 22193, 21 August 1935, Page 19

LEGAL INQUIRIES

many problems solved Legal inquiries are answered in this column every Wednesday. Every care will be taken to ensure that the Jecal 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 purposes of reference in the column. Pension.—ll a woman remarries she is no longer a widow within the meaning of the Pensions Act, and cannot qualify for the widow's pension Widow.—Where a pensioner's own residence is used partially for her owe occupation and partially for letting of rooms, it is open for the department to assess her either on income or on an apportionment of capital value. She is exempt with regard to income up to £4l per annum. She.is also exempt with record to the capital value of any assets she owns, other thsm the premises actually occupied by herself, up tu £SO. Poultry.—Under the Impounding Act you may destroy poultry, which includes fowls and ducks, found trespassing upon your land. The method you adopt to destroy them is immaterial, but this right is dependent upon your lend being fenced with u sufficient fence under the Fencing Act, and the land being in artificial crass or under cultivation. Apart from this, you have no right to destroy the same, and no notice to your neighbours will give you the right. Worried.—The fact that you have been paying your rates by instalments does not preclude the council from issuing a summons and obtaining judgment against you. If there is a possibility that they will be debarred from _recovering the rates, unless they obtain judgment within three yearn of their being due, this may actuate them to issue a summons. M.0.8.—1f a widow is resident in New Zealand and has a child or children under the are of 15 years dependent upon her, she will be entitled to a pension at the rate of 10s per week for each child, provided her income, together with the pension, does not exceed £2 a week, together with 10s a week in respect of 'each child. South.—You have no right of action against your neighbour for the erection of a hoarding on his own property, even though the same blocks your light and view. Prizzled.— (li Payment of _ rates is not in itself sufficient to establish your title to land. It is, however, evidence of adverse possession, and if such possession has continued for 20 years and the land is under the deeds system you can obtain the title. (2) If you are in occupation of the land you can serve the adjoining occupier with notice to fence under the Fencing Act. If he fails to comply you can erect a fence and recover half the cost. (3) You can prevent anyone, excepting the real owner, from taking firewood from the section. J.B.—The 20 per cent reduction ol rent applies to tenants of native land, but your lease, the nature of which you do not give, may come within the exception to this Act referring to Crown lands or other lands administered by a land board where the rent- is fixed by reference to the capital value of the lands, and does not exceed 5 per centum of such capital value. Hard Up.—On an application for the family allowance, the Commissioner of Pensions may assess as, income 5 cent of the value of anv property held by any member of the family other than the property on which the family resides. Enlightenment.—lt would be necessary to prove that the dog actually did worry the sheep before a claim for damages against its owner could succeed. Under section 27 of "The Do?s' Registration Act, 1908." it is provided that:—"The owner of every dog shall be liable in damages for injury done by his dog. and it shall not be necessary for the party seeking damages to show a previous mischievous propensity in such dog. or the owner's knowledge of Biich mischievous propensity, or that the injury was attributable to neglect on the part of the owner of the dog." Sixty.—Your neighbour is bound to receive the general natural Sot of etormwater from your property, but is not bound to receive anv portion concentrated by artificial means. Yon can claim damages and an injunction taking appropriate proceedings Fair Play.— As a beneficiary id an estate you are not personally liable for any costs of any action which is taken by or against the trustees, unless you have agreed to pay the same, but it may be to yonr advantage to agree, since, otherwise, it might be necessary to make a forced sale of certain assets. It is quite impossible to advise you as to the price at which the property should be, sold Adsum —Ton ca_ require payment o! the wages due to yoa notwithstanding that you have received a cheQue which you "have now lost, since you have taken all reasonable precautions to have the 6ame stopped ana to prevent it being acted upon, but you must give the drawer a reasonable indemnity. The indemnity, a copy of which you have forwarded, although it goes a little further than is usual in these cases, would probably be held not unreasonable, Collateral Security.—The drait for £SOO hae been honoured by the bank. It will be included, if the security is drawn in the ordinary form, by the bank's charge over the companies' assets, but if you took over the bank's security before the draft was honoured it may be excluded- The position is very complicated, and you cannot do better than consult your solicitor. Ratepayer.—The matter is one entirely of proof. If the lady can prove that she has paid the bill and that the receipt was handed to the executor of the deceased creditor she cannot, be held liable E.A.—lt is somewhat curious that an insurance company will refuse to cover a worker on account of liis age. It is in_ any case doubtful whether yoa would be liable under the Workers' Compensation Act, as the man is employed by you as a gardener, but he may c.orne within the provisions relating to a domestic worker. If so, you will be liable. It is, of course, open for any insurance company to decline any risk without giving any reason. You should try another company. Always n Loser.—lt seems probable from your s. itement that you could prove a lease in writing for three years, in which case yo'i could hold the original tenant or lessee liable for rent throughout that period. It is, of course, open to you to release him, but unless you do so his liability can be enforced notwithstanding the fact that he finds a. sub-tenant. E.H.—Subject to certain exceptions which do not affect this particular case, an adopted child is in the same position as a natural-born child, and on an intestacy will take the property of its parents. Therefore, if anyone dies leaving neither n. widow nor a widower, such adopted child takes the whole share, to the exclusion of brothers and sisters and more remote next-of-kin

444.^ —Your question requires a knowledge of a technical nature relating to wireless eeta. Briefly, the legal position is that if the set was misrepresented to you, you could, if yon acted promptly, return the same and require your money bark. Alternatively, you could sue for damages for any representation wrongfully made. In matters of this kind there is always a dispute as to whether the radio f-et was defective, or whether there was some negligence on the part of the person installing or operating t. It is a matter of fact and proof. Wheelbarrow.—You will not be entitled to relief, unless yonr mortgage, or the amount by the HCTcement for Bale and purchase, is in substantial replacement of a mortgage, or any amount secured on tfee land which was in force on April 17, 1931.. Legal Advice.—A man ie under no obligation to maintain his mother-in-law. Reader O.—A hire-purchase agreement over cars, motor-cycles or bicycles, if given to a dealer, comes under the heading of customary hire-purchase agreements, and doer, not require to be registered, but is liable to a stamp duty of Is 3d. if of a value of £2O or over; under £2O it is exempt

P.J.L.—The cost ot releasing the existlriH ttoricage and re arranging one of £iso, if the lynxi is under the land transfer system. would be approximately £ll. As to whether such new mortgage would be required to be paid by instalments or otherwise is a matter for agreement.

Y.—lt is perfectly legal for a husband or a wife, or anyone else, to be Hole trustee or executor of an estate and Bole beneficiary yr one of a number ot beneficiaries

Ultra 11 if..— ]f your broker iB a member of the Stock Exchange, lie will be governed by tlie rules which regulate the dealings of members. Under these rulee broker contract# with broker as principal, but, if y ?' II L broker is not a member of the btock Exchange the ordinary law applicable to agency applies, and your remedy J'ouid tie ajrainet. tie purchaser who has lailed to pay for tee shares.