LEGAL INQUIRIES

New Zealand Herald, Volume LXXII, Issue 22259, 6 November 1935, Page 22

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 in this column. Questions (should bo addressed to "Advocatus," care of the Editor, Nkw 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. A.X.—Tho owner ol a farm may fish in a trout stream running through hie property without a licence. 'He may with the consent of the Acclimatisation- Society transfer this right to one individual,_ but he thereby deprives himself of the right. He can forbid strangers, whether they have a licence or not, to como on to his property, whether they come on to the banks or the bed of the stream. Prospective.—(l) You can give security over your herd to secure an advance made to you. and this is usually done through one of the stock arid station agents. It may be done through the Rural Intermediate Credits Board. (2) The purchaser of a farm must pay the Stamp Duty, which is lis for every £SO or part thereof. W.S. —A weekly tenant cannot withhold rent on the ground that the house reeds painting. A landlord can take action both for rent and possession if the tenant does withhold payment of rent. It is, of course, always open to the landlord at any time to give notice to quit.

Lud.—.A shareholder is not entitled to demand a dividend on shares. Payment of a ' dividend is a matter for the directors, and (Upends on the financial position of the company. Calls are made in accordance with the articles of association, but there is no obligation upon a company to advise a purchaser of shares that he may be liable for calls in the future. If you wore informed that the shares were fully paid, you would probably have some right of redress from the vendor.

J.J.M.—'The residential qualification for the Old-age Pension is twenty-five years continuous residence in New Zealand, which is not broken by absences unless the total of the same exceeds two years, or if exceeding two years doos not exceed »ix months for each year the applicant has resided in New Zealand, in excess of twenty-five years. These provisions would apply to your case, and consequently you would bo entitled to a very considerable period of absence from New Zealand. There is a further provision.. however, which you should remember if you want to make application for the Old-age Pension when you arc sixty-five, and that is that you must have been actually resident in New Zealand for the twelve months immediately preceding the date of tho establishment of your claim to a pension. If you wish to make application as soon bb you are sixty-five, you will only be able to remain away from New Zealand for four years.

Digger.—A lower neighbour is not bound to receive tho water from a drain on to his property, unless there is some drainage easement or right. You should consult a solicitor, who will examine your title, and advise you of the position.

Patch. —Your wife should take action under the Family Protection Act if she can show that her father has failed in his duty to provide her with adequate maintenance. T cannot advise you further than that, since the circumstances of everyone entitled to apply under the Act would Rave to be examined and also the financial position of the estate. You should consult a solicitor.

X.Y.Z. The provisions relative to family allowances do not apply to illegitimate children, but the remedy in this case is simple, since the parents have subsequently mnrried they can put in a declaration in the required form to have the child legitimated

.<0.—(1) The Supreme Court has jurisdiction over the custody of children, and in general regards the interests of the child as paramount. The parents of the child are legally entitled to the custody, except where the Court interferes. If necessary, thoy can take action to enforce their rights, hut the simplest method would be to take the child. If tfc-sre is a difference between parents, the husband is entitled to the custody of the children subject to any order the Court may make in favour of the wife. (2) You would probably be entitled to claim maintenance for yourself from your husband, but the fact that he has offered to return might cause a magistrate to refuse to make an order, unless you can show good reasons why he should not return. Insignia.—lt c>uinot bo said that you grow trees for profit or that it forms part of your ordinary business. The trees actually formed part of the freehold. The proceeds of the snlo of the trees, therefore, is not income, and would not bo assessed either for Income Tn* or Unemployment Tax Sarah.—-it you lease one of the sections the Pensions Department ( will take into consideration the rent you receive or the value of the section. For every £1 o v « £52 income is deducted from the Old-age Pension, and £1 for every £lO over £SO value of property. Sunny.—(l) Write to the health inspector, c.o. the Borough Council or the County Council as the case may be. (2) A husband may petition for divorce on the grounds of a separation order made against himself at tho expiration of three years. The wife, however, could defend tho suit if she wished to on the grounds that the separation was caused by the husband. The wife, of course, can petition herself. In either case an order for costs would be made against the husband, and the wife can apply for maintenance for herself and any children

Brighton.—Leases and tenancies are matters of agreement. If there is no agreement as to determination, one calendar month's notice, in writing is necessary. If there is an agreement, even though it is verbal, the parties will be bound by such agreement. If there is a weekly tenancy, it may bo determined by ft week's notice, which need not be in writing unless written notice wbs stipulated. Quest.— Although it is possible for you to register the illegitimate child in your own name and that of its real father, nevertheless, there is a presumption at law that such child is the legitimate issue of yourself and your husband. This presumption is Rebuttable by independent evidence, but not by the evidence of yourself or your husband. The mere birth certificate itself doos not alter the position of the child.

Alug.—.Notwithstanding the lapse ol 12 months, you can return tho bull and claim the prico back. This right you appear to havo kept open provided you can prove tho vendor's request that you keep him on trial for 12 months from tho sale. Since there appears to havo been no fraudulent misrepresentation, it is extremely doubtful whether vou can recover any damages.

Miner.—The holder ol a ilium, while ho continues to bo the holder thereof, is entitled to the exclusive occupation thereof for mining purposes. The adjoining owner of a claim, therefore, is not entitled to orect i crushing mill or make uso of tunnels through the claim, and tho owner of the claim may by appropriate action prevent him. Kendul.—Trustees are bound to use reasonable caro in the administration of an estate. If it can be shown that they have incurred expensos unnecessarily, the amount of these can be recovered from them, tho onus of proof being on the person who allegeß that tho expenses were unnecessary. If 'ho trustees have committed a breach of \rust in incurring the expenses they may bo recovered whether tiiero has been negligence or not.

Inquirer.—Any porson making a payment of £2 or over is entitled to demand a receipt for the flame stamped with a twopenny stamp. Failure to comply with such demand renders the recipient of the payment ljable to a fino up to £lO. X.O.X.—(a) Under tho Administration Act tho administrator of a deceased person's estate may. with the leave of the Supreme Court., muko payments to a minor out of his or her share or interest in tho estate for tho maintenance or advancement of such minor, (b) Sinco in general a minor is not hound by his contracts until ho is 21 years of age. no ono could safely advance money to a minor on tho security of tho minor's interest in an estate. Tho difficulty might, of course, be overcome by someone of »ge rruaranteoing the advance. J.K.—Stepsons do not come within the definition of a "near relative" under tho Destitute Person.' Act, and are, consequently not. bound to mnintain their stepmother. Minor.—lt is the duty of the registrar of marriages or the officiating minister to require the consent of both parents of any party to a marriage who is under the age of 21 years, and certoin penalties are provided for the breach of this duty and also against the parties to the marriage. There is provision for application to the Court if the consent of the parents ib unreasonably withheld, but if a girl of 16 gels married without such_ consents, it is, nevertheless, a valid marriage, and her parents cannot require her to leave her husband. X.Y.Z.—If the Registrar of the Supremo Court is satisfied that you are reasonably interested, you or someone representing you, can search your uncle's will in the Conrt where probate was granted.