LEGAL INQUIRIES

New Zealand Herald, Volume LXXIII, Issue 22544, 8 October 1936, Page 5

LEGAL INQUIRIES

MANY PROBLEMS SOLVED This column appears in the HEnAi,r> each Wednesday, but on account of the exceptional number of questions to be answered this week an extra column of answers is given below, and another will appear to-morrow. Care is taken to ensure that the legal advice is sound and accurate and ns complete as possible on the facts supplied, but no responsibility is undertaken for the advice or information. X.Y.SS.—It would appear that a mortgagee who lias sub-mortgaged his mortgage will bo entitled to add the sub-mortgagee to any adjustment proceedings under the Act which has just passed .the House of Parliament. Perplexed, Uay of Plenty.—Where a local authority undertakes drainage works the same must bo performed reasonably efficiently. If there is negligence they will be responsible for damages. There may be negligence in determining the mode or method of drainage. II is possible this is the case here, but that is an engineering problem. R.A.S.—As a general rule, in the absence of anything to indicate an intention to the contrary, the term "month" in a deed, agreement or contract is taken to mean a lunar month. In Statutes, since 1850, it means a calendar month. A lunar month is four weeks. L.K.F.—There is in existence no list of lost wills. When a pepson dies and no will can be found, and there is reason to believe that such person made a will, it is usual to make very full and extensive inquiries from all likely sources. One of the forms frequently is to advertise in newspapers circulating in the localities where the deceased has been. Judgment.—lt is a provision of State Advances Corporation mortgages that the principal sum may bo called up in the event of the sale or other disposition of the mortgaged property. This would apply to the sale of land under execution or under a writ of sale in pursuance of a judgment. Such a sale could take place without the consent of the corporation, but would be subject to the rights of the corporation under its mortgage, and the additional right to call up immediately the principal sum. The result would be that no purchaser could safely buy except for a greater sum than the amount of the corporation mortgage. Anxious.—Trustees must keep proper accounts and supply beneficiaries with reasonable information at all reasonable times. There is no hard and fast rule that yearly balance-sheets are to be prepared, or, indeed, as to the method of keeping accounts. It depends a good deal on the size of the estate and the activities being carried on by the trustees. Fair Play.—Your tenancy comes under the provisions of the Fair Rents Act. The rent cannot lie raised above that paid on May 1, !!).'{(», except by order of a magistrate fixing a "fair rent." This is based on a percentage between 1 per cent and (i per cent of the capital value plus rates, insurance, repairs rnd an allowance for depre-

ciation. H..T.E.—Under the new Pensions Act you will bo entitled to the full old-age pension. Ratepayer.—The expenditure of the money will be governed by the conditions agreed upon between the timber company and the local authority. If the-conditions do not deal with this particular point the money becomes part of the local authority's funds to be expended according to its discretion within its powers. A.C.C.—An 1.0. U. stating the amount and signed by the debtor is sufficient evidence of a debt. The time of payment would be a help, but is not essential. R.T.—You are entitled to tho full old-age pension. The Family Protection Act.—fa) There is no power to contract out of the Family Protection Act. This was decided in a New Zealand case in 1923. (b) If a lump sum is paid under the Family Act the Court has no power to review the order. Tho power of review of tho Court is limited to where periodic payments have been ordered or a lump sum has been invested for tho benefit of any person. Sec pagrs S-301, volume 3, of the Public Acts of New Zealand Reprint Maori.—Notwithstanding the fact that a wife is separate - from her husband at the time of his death, sin can make application under the Family Protection Act if he fails to provide for her in his will. The same position applies with regard to a daughter Way man.— (1) You and yonr wife will be entitled to a pension for the difference between the total amount of your joint income (including superannuation, interest on mortgage dividend from shares, lodge sick pay and also the £25 per annum you receive oft the principal of the mortgage) and £ 1 f>o per annum. Write to the Registrar of Pensions, Auckland, for forms and instructions. (2) The amount you receive in reduction of the mortgage is not liable as income for tbo purpose of employment tax (3) The lodge sick pay is not liable for employment tax. If your income from all sources is less than £lOl per annum you, being over 05 years of age. could apply for exemption from employment tax in respect of your income other than salary or wages. (•>) The general rule is that a wife takes the nationality of her husband. In your case your wife became a British subject upon your naturalisation or marriage to you, whichever took place last. Sinco 103<l the law has been altered giving an alien's wife, upon tho naturalisation of her husband as a British subject, the right to elect within a period of 12 months to become a British subject. Failing such election she retains her nationality.

In Doubt.—lf the man is an independent contractor carrying out work under a contract, you will not be liable for any accident to him. It is often difficult, especially for a layman, to distinguish between a contractor and a worker under the Workers Compensation Act. In a case of any doubt, since tho cost of insurance is small, it is advisable to insure. In certain instances a principal may be liable for compensation payable to any worker employed by a contractor, even though the work is being done by the contractor under an independent contract.

Nimrod. —Write to" the Registrar-General. Somorset House, London, for a copy of your birth certificate, giving tho date and place of your birth, and your full name. It will bo necessary to forward to hini at the same time a money order for 5s Id.

Woodworker. —There is a provision in the Apprentices Act for tho registration of adult contracts. This can only be done subject to the approvul of tho Apprenticeship Committee for the particular trado—if there is no Apprenticeship Committee, with tho approval of the Court of Arbitration. You should write to the officer in charge, tho Labour Department, Auckland, and he will advise you fully on the procedure to be followed. Puzzled. —You can patent your idea for improved water beating if it is novel and definite. You should consult a firm of patent attorneys giving thorn full details, a description, and, if possible, drawings.

Enquirer.—Sinco neither land nor any interest in land, including a mortgage of land, is brought into consideration, your father-in-law and his wife will be entitled to the full ojd-age pension less a deduction of ,Cl for every .el of income they havo over £52 per annum, namely, a joint ponsion of .tSS iOs.

Sandv. —If the farm was the joint property of yourself and your wife, and the money is in your joint names in tho Post Office Saving's Bank, you and your wife would both be entitled to tho full old-age pension of £52 per annum, provided, of course, you had tho other necessary qualifications, as you would each bo entitled to have £SOO, without the pension being affected. If tho money, however, belongs to only one of you. there would bo only one exemption of £SOO, and the balanco of £SOO would be divided into two, and £250 allocated to each of you, and £25 deducted from tho pension of each of you, leaving a pension of £27 for each.

Grade A. —The position is that anyono wishing to obtain his grade A licence for motor mechanics must havo served an apprenticeship of fivo years to either the engineering trade or tho motor engineering trado (motor mechanics trade). In addition before ho can sit for tho grado A examination he must serve a further year after the expiration of his fivo years' apprenticeship. It appears, therefore, thut your son could not obtain his grado A licence without complying with tho above conditions. For further advice you should write to tho secretary, tho Engineers' Union, Auckland. Urgent.—lf you can prove that the motorcycle was represented to bo in good order at the time of tho sale, and that it was not in fact in substantially that order, you can return it and recover any money you havo paid. If its condition was knowingly misrepresented you can claim any damages you have sulTorod. A minor, that is to say, a person under 21 years of age, is not liable on contracts, except for necessities, unless be confirms tho contract after reaching the ago of 21 years. 8.M.8. —Tho letter of indemnity in this case should ho drawn with great exactness, setting out the liability that tho portions indemnifying are undertaking, and tho terms and conditions upon which paymont may be demanded, and what notices havo to bo given. Tho proper thing to do is to got a solicitor to draw it.

l'ukepoto.—You should write to the insurance company explaining tho position and thoy will adviso you what to do. Thore are all sorts of industrial and endowment policies. In some of them whero tho porson paying the premiums dies no further premiums are required. They do not all havo a surrender valuo, but most companies in reasonable circumstances are prepared to treat them as though they had one.