LEGAL INQUIRIES

New Zealand Herald, Volume LXXIII, Issue 22405, 29 April 1936, Page 7

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 Find 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 uldress as a guarantee of good faith, [nitials or a pseudonym must also be ;iven for purposes of reference in the column. Ratepayer.—TJjere are three systems of rating in Ivew Zealand, namely, on the unimproved value, on the eapitnl value, and on the annual value. For the first two systems the Government valuation, i.e., the valuation shown on the valuation roll supplied by the Valuer-General is taken; for the third—rating on annual value—the local authority appoints its own valuer or valuers. iVidow.—A widow is under no liability for debts contracted by her husband during his lifetime. Where nn action has been commenced and ceases on account of the death of the plaintiff, the plaintiff's estate would be liable for costs up till the date of death. The death of a plaintiff does not of necessity abate an action. Generally speaking, it may be continued by an executor or other representative. This, of course, only applies to such actions where the cause of action survives the death of the plaintiff. Trespassing.—There is no legal procedure to prevent trespass. Trespass gives a right of action at law, and it also gives the occupier of property the right to put a trespasser off with reasonable force. As to the practical measures which may bo adopted to keep trespassers off a property, this depends upon the nature of the property. Walls, locks, barbed wire, and various other matters suggest themselves. Bpring guns are now furbidden by law. Juery.—The rent and interest reduction came into force on April 1, 19112, and is a 20 per cent reduction, not 25 per cent. It npplies to ground rents, except rent payable under any lease or licence of Crown lands or other lands administered by a land board, if such rent is fixed by reference to the capital value of the land comprised in the lease, and does not exceed 5 per cent of such value. Broke.—A bankrupt may at any time after adjudication apply for discharge. Notice of the application has to be given to the official assignee and all creditors, and advertised 14 days before the hearing of the application for discharge. Creditors or the official assignee are entitled to object. Alpha.—Trustees although registered as owners are not entitled to shoot on land without a licence. Any person in bona fide occupation of land, or one son or daughter of such person, or a person appointed in writing by such person, may during any open season take or kill on that land without a licence any imported game or native game that may be lawfully taken or killed under a licence in ths district. Jap.—Under "The Immigration Restriction Amendment Act, 1920," it is necessary for any person of foreign nationality to apply in form for a permit to come to New Zealand and reside there. Application is usually made before the person leaves his own country. The granting of e permit is m the discretion of the Government, and at the present time practically no permits are being granted to persons of foreign nationality to enter and reside in New Zealand, so that in the event of a person of Japanese nationality applying for a permit to come to New Zealand and settle it is quite likely that he would be met with a refusal to grant such permit. There is, however, no provision for the payment of poll tax in respect to a Japaneso settling in New Zealand. Argument.—-(1) A native, i.e., a Maori, includes a half-caste and a person intermediate in blood between half-castes and persons of pure descent from the Maori race, (2) If a Maori marries a half-caste, their children are three-quarter castei. (3) If a half-caste marries a half-caete, their children would bo half-castes. J.T.T.—Under section 121 of The Publio Works Act, 1928, a road board (which includes a local authority) may cut drains and ditches from any road, and keep such ditches an I drains open at all times for the flow of water. Where an authority has done this, and allowed the drain or ditch to become blocked up and material damage results to an adjoining owner from flood waters, such owner would have a right of action. Thanks.—lf the money you have in the bank definitely bears no interest, you need make no reference to it in the income form you have to fill up. The money in the bank represents capital, and if it bore interest it w.ould be the amount of interest earned that you would have to show, not the amount of capital. August 10.—The tenancy was determinable by one calendar month's notice in writing. If the tenant left before the expiration of such notice the landlord would still be entitled to rent until the expiration of the notice, but it is open to a landlord to waive these requirements of notice, and it would appear that to stme extent this has been done, in that a shorter notice was given and the tenant left before the expiration of such notice. In these circumstances, the landlord is at least entitled to rent up to the expiration of the informal notice he has given, but this right again may be waived if the landlord, for instance, re-let the premises. Tbic would constitute a waiver as from the time of re-letting. Fair Play.—(l) Any right of action that the beneficiaries might have had against the trustees arose over eix years ago, and is therefore barred by the Statute of Limitations. The fact that the beneficiaries could not ascertain with precision th* amount of damages which they allege to have suffered by reason of the resub division until the whole of the land had been sold does not prevent the operation of the Statute. (2) Trustees are not entitled to demand a release from all obligations before they will pay money which ib due to beneficiaries. They are, of course, entitled to a receipt. Huron.—On the facts as given by you, you should obtain the full pension, since the value of any property you own seems to be more than exceeded by the liability on it and your incom» does not exceed £52 per annuja. Newcomer.—Males over the age of G5 years and females over the age of 60 years, whose income from all sources does not exceed £lO4 per ann'-im, can apply for exemption from the emergency unemployment chnrge of Sd in the pound in respect of their income other than salary or wages. The amount received in the instance you quote is in excess of £304 per annum, and therefore the person would bo liable to pay the emergency unemployment charge. Subsidy.—The subsidy received on the building of a house does not form part of anyone's income. If the business of the person receiving the 6ubsidy is the building of houses and Belling them, the subsidy would naturally affect the cost of the house and increase any profit made, and such profit would be taxable income. Kimhia.—Since 1892 upon the sale of Crown lands a reservation not less than 66 feet in width along high-water linea of the sea, margins of lakes exceeding 60 acres in area, and banks of rivers of an average width of 33 feet or more is made. This doeo not apply to native land, to land under the Land for Settlements Act, or to land which the Crown sold before 1892—in fact, ia subject to many exceptions, and whether such reservation actually exists in the case of property adjoining the Waikato River can only be determined by a search of the title. Actually there are relatively few portions of the Waikato River which have such a reservation. Wondering.—Divorce does not affect the relationship between child and parent and the responsibilities of the parent toward the child, except in relation to custody and guordianship. Whero the divorced wife has the custody of a child, and the husband marries again, and has further children by the second marriage, and Bubsequently dies, the first child is equally entitled to sharo in his estate on an intestacy. If ho loaves a will he may exclude the first child, but euch child -fould have a claim under the Family Protection Act if it could ehow that the father had failed in a moral obligation to make adequate provision for it. Uncertain Maiden.—Theoretically your mother has control over you until you are 21, but if you are supporting yourself and leave home and lead a respectnble life, it is unlikely" that the Courts would interfere to assist your mother exercise her rights. If your mother unreasonably refuses to allow you to marry, you need not necessarily wait until you are 21, but can apply to the Court, -which will consider the circumstances, and if it is satisfied that the refusal is unreasonable, will dispense with your mother's consent. At law she has no rights against the young man. Urgent.—Since you have a compensation claim coming up for consideration in the Arbitration Court, you presumably have a solicitor acting for you, and should be guided by his advice since he knows all the circumstances, and is in the beet position to give you the best advice. In general, it is a mistake to call the other side's witnesses—for obvioui reasons.