LEGAL INQUIRIES

New Zealand Herald, Volume LXXII, Issue 22247, 23 October 1935, Page 7

LEGAL INQUIRIES

MANY PROBLEMS SOLVED Legal inquiries nro 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 bo understood that no responsibility is undertaken for advice or information published in this column. Questions should bo 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 bo given lor purposes of reference in the column. Domestic. —Wages do not take priority over the amount due to the holder of a bill of sulo with regard to the proceeds of a sale of the furniture covered thereby. T.R.—AVherd trustees are dead other trustees must be appointed to take their places. The power to appoint trustees will be contained in the deed creatine the trust. If not. there is a statutory power. You should consult a solicitor. Farmer.—The rate of interest payable on a bunk overdraft is not governed by legislation, but by agreement between banker and customer. Ownus.—Under your share-milking agreement you have given the use of'the cottage to the share-milkers, and, presumably, their families, but they arc not entitled to hnve anyone staying with them without your permission, unless the contract is rather more widely drawn than is usual. Inquirer, Putaruru.—lf the lease with the purchasing clause has been registered, you can obtain particulars of it from either the Deeds Registry Office or the Land Transfer Office upon payment of the necessary fee of 2s. Cockles.—You may appoint your son your sole executor notwithstanding the fact that he may be a beneficiary. Your son-in-law would have an action for slander, or, possibly, libel, if he could show that the statement you refer to had been published to others than his solicitor. Communications between solicitor and client are in general privileged. No action for slander or libel can arise unless the same was published to some person other than the person slandered or libelled. J.C.M.—A company in general acta through its directors who are equally entitled to participate in the management, with the exception of special directors appointed for special purposes, as, for example, a managing director who might combine the position of director and manager. A chairman is merely a convenient head of the directors. Generally his special powers are restricted to a casting vote. He might be given other special powers by the articles of association. A chairman cannot refuse to allow business, which should properly be dealt with by the directors, to he brought before a meeting of the directors. Concerned.—There are nine different types of fences which are legal. These are set out in the second schedule to the Fencing Act, 1908. To attempt to detail them would probably fill this column. You can obtain a copy of the Act from the Government Printing Offico. If you and your neighbour cannot agree on the particular type of fence you can refer the matter to a magistrate for decision. P.N.—A renewal in writing of an On Demand Promissory Note is necessary within six years of the daU, otherwise to protect 'yourself yon must take proceedings through the Court within the six years or your claim will be statute barred

Inquirer.—Notwithstanding mistakes in the account you must pay the storekeeper the amount due to him. The onus is on him to prove the amount, but he will he allowed costs if he is substantially successful. You can avoid these by paying to him the amount actually due. Old Age.—Xo deduction is made from the old age pension for the home resided in and owned by an applicant. If you receive payments of money these will bo treated as income in the "first place, and your ; pension will be adjusted for the pension year accordingly. This is so whether you spend the money in the purchase of a home or not, but if yon do not spend the money it will be taken into consideration as accumulated property until it is spent.

Hopeful.—Although the father of the child was your first husband, yet since you married your second husband before the child was born, your second husband is responsible for its maintenance, and the child takes his name The child having been so registered, its surname cannot be altered except by a deed poll when it comes of age. There is, of course, nothing in the meantime to prevent the child being called by another name.

Scotty.—ilf a man leaves a will, his second wife, if she is not satisfied with the provision therein made for her. may apply under the Family Protection Act for adequate maintenance. If the man has left no will, she will take her share according to the provisions of the Administration Act, and will not be entitled to make any application for maintenance under the Family Protection Act against her husband's estate. .

J.T. —It was held in a recent decision in Chriatchurch that a City Council haa power to make a by-law fixing the maximum end the minimum rates for taxi fares, nnd that such a by-law is not unreasonable. If a City Council makes a by-law limiting the number of taxis in a city it will do so under the Municipal Corporations Act, 1920. It will then become a auestion of whether such a by-law is within the scope of the provisions of that Act. and, if so, whether it is reasonable, or whether it can be attacked as unreason-

able. Old Soldier.—lf your daughter can prove that after payment of her debts she is not worth more than £SO she can apnly for a divorce in forma pauperis. She would also have to state her husband's financial position. If she is unable to trace her husband and has no knowledge of his whereabouts or financial position, she will have to state this. If she is permitted to petition in forma pauperis the cost to her will be about £5. She _ should consult a solicitor whose duty it is to advise her. Contrib.—The Court in which probate was granted will supply you with a copy of the will if they are satisfied that you are properly entitled to euch copy. In nil probability, as the person died in Stirling, Scolnnd, probate will have been granted out of the Court of Sessions at Stirling, and your best course is to write to that Court, giving full particulars. A fee will be paynble for the copy of the will, the amount of which depends ufon the length of the will. Hard Up—(l) It is the duty of the administrators, executors or trustees of an cntate to furnish any beneficiary in the estate with such accounts as may be reasonably required. If the trustees fail to do so, appropriate proceedings can be taken througn the Const to force the trustees to render accounts. It is also their duty to nr.iwer reasonable inquiries with regard to the position of the estate. You should write to the trustees again, insisting upon a statement of accounts. showing what the moneys paid to you represent. (2) The Mortgagors' and Tenants' Relief Act is still in force, nnd has now no expiry date, the section dealing with this date having been repealed by the Rural Mortgagors' Final Adjustment Act. This matter will, no doubt, re-

ceivo legislative attention in due course. (3) That a mortgagor is able to purchase a new and expensive car is a matter which undoubtedly the commission would take mto consideration in considering the merits of any application for

relief ho might make. Trustee. —You should give notice to the mortgagors nnd tho guarantors that you propose to call up the mortgage moneys. The onus will then be on them to arply for relief. Since you are a trustee in a deceased person's estate, and the amount involved may be substantial, you would

be well advised to consult a solicitor. Fog.—You should have a power of attorney from your mother to deal with the properties, including the insurance. If you consult any solicitor he will draw a power of attorney for you, which you can then Bend to England for execution. Gilinor.—A shopkeeper who allows a small account to be outstanding for some four years should prove to the customer that the amount is owing. You nro entitled

to demand particulars. The onus of proof ia on the shopkeeper. N. 5. You have no remedy, except to cut overhanging branches, The occupier of adjoining land who plnnts trees "on or alongside" the boundary can be compelled to remove them if action is taken within nix months Hp also commits an

offence by such planting, unless he has the written consent of the adjoining occupier. Trees planted four feet away from the boundary, it has been held, are not "on or alongside" the boundary, notwithstanding the fact thfft they mny grow into trees with branchns that, subsequently overhang the boundary. (This question of trees "on or alongside" a boundary and other obstructions of jight seems to bo a prolific cause of ili-feeling between neighbours. Tho. legislature probably meant to alleviate the position by Section 20 of the Fencing Act, but the Courts have now placed such a strict interpretation on this section as to render it practically abortive. You might do well to make representations in the proper quarter to have the legislation amended. Since the inauguration of this column this query has been one of thft molt often repeated.)