LEGAL INQUIRIES

New Zealand Herald, Volume LXXIII, Issue 22543, 7 October 1936, Page 6

LEGAL INQUIRIES

MANY PROBLEMS SOLVED This column appears each Wednesday. Care will be taken to ensure that the legal guidance is sound and accurate, and as complete as possible on the facts supplied, but no responsibility is undertaken for tho advice or information. Send questions to "Advoeatus," caro of Editor, New Zealand Herald, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona fide addresses. Initials or a pseudonym must also be given for purposes of reference in the column.

Carpenter.—ln the absence of special agreement a landlord is not under any obligation to repair premises. It follows, therefore, that tho tenant is not entitled to withhold payment of rent until repairs are done. Even if the landlord had agreed to make a repair, all that tho tenant would bavo would bo a counter-claim Perplexed.—Notwithstanding any agreement to the contrary a husband remains liable for the maintenance of his wifo and tho children of tho marriago under tho Destitute Porsons Act. Tho agreement come to between you and your wifo and the provision you made for her when you separated will bo taken into consideration by the Court, as will also your present circumstances. Urgent.—(l) The Fair Rents Act does not apply to any dwelling house originally" built to bo let as two or moro flats. (2) Thero is no law or legislation as to the time that you can keep a wireless set going. It is either a matter which may be agreed upon between yourself and your neighbours or any other person, or in tho absetico of agreement can bo controlled only in relation to the law relating to nuisances. (3) Tho Fair Rents legislation applies to a bach. A.U.S. —Tho period of residence in New Zealand has by the recent Pensions Act been reduced from 25 years to 20 years. The present full pension is £52 per annum. This will bo increased to £SB 10s as from December 1, 11130. If your income from any source does not exceed £52 you will bo entitled to the full pension. £1 for every £ I of income in excess of £52 per annum will ho deducted from the full pension. You can havo £SOO in the bank without the pension being affected. If the amount you havo exceeds' £SOO, £1 for every £lO of such excess will bo deducted from the pension. War Widow.—Ton would not bo entitled to apply for and obtain an old-age pension in addition to the war pension and economic pension you already receive. In arriving at any old-age pension payable to an applicant, the Pensions Department deducts from the full pension £1 for £1 of income received by tho applicant in excess of £52 per annum. As you have, £ll6 10s per annum by way of war and economic pensions, any pension that might be payable to you is wiped out by the excess of your income over and above £52. Von do not state your husband's rank in the late war, so it is impossible to advise you whether you are receiving tho correct amount of pension. If he was a private, bombardier, la rice-corporal, trooper, gunner, driver, sapper, trumpeter, bugler, nblo seaman or equivalent rating the amount of £0 ins you drav by way of war pension per month would be correct The amount of economic pension granted you is in the discretion of the War Pensions Board. Deka.—A person employed for milking only is entitled to tho full rate of pay prescribed by tho Agricultural Workers Act for dairy farm workers.

Curious. —A hall erected on a Government section cannot be mortgaged without the special consent of the Crown. As to the mode of payment, etc., this is a matter of contract with the Crown. Novo.—The personal covenant contained In a deed of mortgago or memorandum of mortgage is good for 20 years. If, therefore, the money due under the mortgage was duo within the last 20 years, you can tako 'proceedings. The above is subject to the new mortgage legislation which deals with the personal covenant. This legislation contemplates dispensing with the personal covenant unless certain formalities are observed. Old Subscriber.—-A "money-lender" Includes every person (whether an individual, a firm, a society or a corporate body) whose business is that- of money-lending, or who advertises or announces himself, or holds himself out in nny way as carrying on that business. There are certain exceptions, the main of which is that any person bona fide carrying on the business of banking or insurance, or any business in the course of which and for the purposes whereof ho lends money at a rato of interest (including any payment or deduction by way of premium, fine or foregift) not exceeding 10 per centum per annum, is not included ia the definition. Tho latter part of your question cannot bo answered until the new Mortgagors' and Lessees' Rehabilitation Act is availablo. Tho bill provided that solicitor's fees might bo fixed by Order-in-Coun-cil. In tho previous Act the mortgagor's or lessee's solicitor's fees were fixed, but not the mortgagee's. E.R. —Neither land nor any interest in land (including a mortgage over land) is taken into consideration in computing tho property of an applicant for tho old-age pension. This applies whether tho applicant lives on the land or not. Furniture and personal effects belonging to tho applicant are also excluded. Other property, including money in the bank, not exceeding £SOO, does not affect tho pension. A deduction of £1 for every £lO over £SOO of such property is mado from the pension. Incomo from land, however, is included, but if your total incomo does not exceed £52 per annum no deduction will be made. You would appear to bo entitled to the full old ago pension.

r.H.—Rut for tho Fair Rents Act you would be entitled to give the tenant ono calendar month's notice in writing, and determine tho tenancy. You might also be entitled to suo for damages to tho garden. It would appear that tho tenant by her conduct has lost the protection of the Fair Rents Act, but that would be a matter for a magistrate to determine. C.L. —(1) A divorce petition can bo dismissed for collusion at any timo up to the decreo absolute. It is, of course, collusion to arrange to get a divorce by first of all suing for restitution of conjugal rights and then following these proceedings by a petition for a divorco. (2) Since one child is now over 1(5 years, it is highly probable that tho order for maintenance, which would either bo apportioned to each child and tho mother, or would bo mado in favour of tho mother having regard to tho fact that sho would havo to support tho children, would bo varied. On the other hand it may bo that your position has improved, and the Court would tako this into consideration. If either party to a divorco marry beforo tho decreo nisi is mado absoluto ho or sho commits bigamy. Main Highway.—You must apply to your local county council for approval of the proposed subdivision. Tho size and frontago of sections will depend upon tho local by-laws ll.E.o.o.—Subject to any special provision in the rules of your association tho conduct of tho meeting of tho committee was in tho hands of tho chairman, 110 could allow reasonable discussion on tho relative merits of the various applicants for tho position before asking members to record their votes in favour of one. Tho position is of considerable importanco and refusal to allow discussion would havo been arbitrary, to say the least of it. Garage.—The position will depond upon your local by-laws, governing tho question of curbs, footpaths and entrances to properties, The general practice is that tho local authority provides reasonable means of access at tho time of forming a footpath, but if extra access is required after the footpath is formed, the person requiring such access must bear tho cost. J.R.—(l) If the sale of your stock subject to the security was insufficient to meet your liability to the stock agent firm, you are liable foi tht-. balance, and the stock agent could suo you for it and obtain judgment against you and issue execution against any asset that you have. It could also make you, bankrupt. Tho only safo way if your biother wishes to-set you up on a farm again is for you to come to soino arrangement for tho releaso of tho debt. (2) Tho Articles of Association of the Stock Agent Company could properly provide that, tho company shall havo a lien over tho shares of shareholders for tho amount such shareholder owes to the company. Maori.—Children of a first wifo and children of a second wife with tho same fathor aro equally entitled to apply for provision out of hih estate under the Family Protection Act if he has failed to make adequate provision for them having rogard to their circumstances. Such a claim, however, must be brought within ono year of the grant of probate in New Zealand, except with tho leavo of the Court, whicji is only granted in very exceptional circumstances In the case you mention it is too late.

Anxious. —The case you quote appears to bo 0110 in which a grant, of Iho invalidity pension would be made. Your daughter has the necessary residential qualification, and us she has no income or property of her own, she should receive the full amount of tho invalidity pension, which in her case would be £1 per week. You can obtain tho necessary forms from the l'onsions Department at Auckland, and they will advise you on tho procedure to bo adopted. An exceptional number o! legal queries have been received in recent weeks. This week it has been impossible to publish answers to all questions in the above column, but another column will be published to-morrow and one on Friday.