LEGAL INQUIRIES

New Zealand Herald, Volume LXXIII, Issue 22545, 9 October 1936, Page 17

LEGAL INQUIRIES

MANY PROBLEMS SOLVED This column appears in the Herald each Wednesday, but on account of the exceptional number of questions submitted this week extra space has had to "be given to the answers. Care is taken to ensure that the legal advice is sound and accurate and as complete as possible on the facts supplied, but no responsibility is undertaken for the advice or information. The usual column will appear next Wednesday. Query.—To qualify for the invalidity pension the applicant must be a person above the age of 10 years resident in New Zealand for not less than 10 years, and who (a) is totally blind, or (b) is permanently incapacitated for work as a result of an nccident or by reason of illness or any congenital defect. In other respects the qualifications aro tho same as for tho old ago pension. Share-milker.—A share-milking agreement Is enforceable without witnesses. Share-milk-ing agreements cause a great deal of confusion unless properly drawn. The parties would bo well advised to employ a solicitor. B.B.—Tho position is that property up to £SOO does not affect tho right to sustenance or relief, but it does affect the amount payable for sustenance. One shilling a week for every £25 after tho first £25 up lo £3OO is assessed as income. Two shilling a week for every £25 in excess of £3OO up to £50() is assessed as income. After £SOO no sustenance is payable. The above applies to readily convertible property only. Troubled.—There is nothing to prevent one of the joint owners of a house installing a telephone and a wireless against the wishes of tho other joint owiicr unless the use of either amounts to a nuisance at common law. Homeless.-—Neither land nor any interest in it, including a mortgago of land, is taken into consideration in assessing the old-age pension. If, however, an applicant had realised on other property, and had invested the proceeds or any money he possessed in laud for tho purpose of qualifying Tor Hie old-age pension, tho old-age pension would probably be refused. This would probably not apply wliero tho applicant lias purchased a homo for himself lo live in. One pound for every £lO over £SOO of property other than land or any interest in if is deducted from tho old-ago pension, which is at present £52 per annum, but after December 1, 1930, £SB 10s per annum. Growler.— Sco answer to Homeless. You and your wife would ho entitled to draw tho lull old-ago pension. Zero. —The recent legislation provides for no increase in the miner's disease pension. Certain provisions havo been added to the old Act extending the scope of tho Act. Separation.—lf a husband tells his wifo to go she, of course, is not compelled to obey iier husband, but if she agrees to go this would constitute separation by mutual consent enabling either party to obtain a divorce at the expiration of throo years. In tho meantime, and subject to tho financial position of either party, tho husband would havo to maintain tho wifo. Owner.—Under section 70 of tho Rating Act an additional chargo of 10 por cent may bo added to rates unpaid at tho expiration of six months and 14 days from tho demand therefor. Subject to tho above, a ratepayer who is even so little as ono day lato must pay tho penalty. A local authority lias power to remit tho penalty. Q.P. —You can claim compensation for any damages you suffer by reason of the eaves of tho next door houso overhanging your property. You may possibly obtain an injunction to havo them removod, bnt this does not follow necessarily. Colonial.—A Bank of England note for 10s is worth 12s 3d New Zealand currency. You can obtain its value at any bank. Fiat Lux. —Tho joint income of a married couple together with any old-ago pension granted may not exceed £l5O per annum. This figure is to be increased to £IOO per annum after December 1, 193 G. R.W.B.—Where a houso is inspected, and no reference is niado to the removal of a stove or bath, such stovo or bath cannot be removed after sale, even assuming they are not fixtures. Fixtures may generally bo defined as those things permanently attached, or attached with an intention of permanently belonging, to tho property. G.R.D.—To avoid coming under tho provisions of the Shops and Offices Act, a privato boarding house keeper must havo less than live boarders. Colonist. —Males of 05 years of age and females of 00 years are eligible to apply for tho old ago pension. Tho residential qualification is 20 years under the recent Pensions Amendment Act. .Worried. —You must pay the solicitor his costs of* proving the will. If you are not satisfied as to the amount, you may have the same taxed.

Perplexed.—You are receiving the full rate of sustenance for a married man with four children. The War Veterans Allowances Act, 1035, provides:—(l) For an allowance of £52 a year for the veteran's personal claim; (2) £39 a year for his dependant wife; (3) £l3 a year in respect of each dependant child—diminished by £1 for every complete pound of income of the veteran, dependant wife and dependant children (exclusive of any veteran's allowance) in excess of £3O a year, with a limit that any allowance shall in no case exceed £143 a year. A veteran would not be entitled to any allowance for a wife not dependent on him or for any child not dependent on him. hut in that case any income possessed by such wife or child would be disregarded. It would seem that you are either not entitled to the allowance for some of your children on account of them not being dependent on you, or that some member of the family has income which you have not stated which affects the position. In any event you would only be able to receive another Os a week or your sustenance would be affected. It is possible that some mistake has been made, and the only thing you can do is to see the Pensions Department at Auckland,' if your wife and children are all dependent on you, and you have not any additional income to that stated. Fair Flay.—You can obtain a copy of the will from the Court where probate was granted—in this case, probably, Palmerston North. A fee is payable, the amount of which will depend upon the length of the will. Scotty.—Your husband and you have both acquired a New Zealand domicile. You can take proceedings in New Zealand for divorce on the agreement signed in Scotland. The answer quoted by you fits your case. Your husband s financial position will be taken into consideration. It is the duty of any solicitor to adviso you as to in forma pauperis proceedings. Billie.—ln assessing the income received from house properties by an applicant for the old-ago pension, the Pensions Department only allow as deductions from the rent received rates, insurance, interest on any mortgage on the property and amounts actually oxpended in repairs, the balance rent representing the amount assessed as income. The department does not make any allowanco for depreciation. Quartz. —The young man should obtain a written agreement from his relative. In (ho caso of her death her executors might demand payment of the monoy, and the onus would be on him to show cause why he should not repay it forthwith. That onus without anything in writing he might find difficult to discharge. Title.—The legal owner will be the deceased vendor's executors. The purchaser can enforce the agreement against them. Taxpayer.—The fairness or otherwise of the incidence of income tax is not a matter on which I am able to comment in this column. You can deduct from your gross income any wages you pay whether these aro subject to wages tax or not, also a rcasonablo allowance for keep for workers. You can also deduct interest paid on moneys raised for the purposo of capital improvements such as a now cowshed. Wages tax is not payable by anyono under the ago of 20 years. Deplume.—You do not make the position clear. It would be necessary to have a definito and accurato statement of the position of the tide to the land. You should consult a solicitor. K.II.—(I) An applicant for tho old age pension can havo £SOO by way of accumulated property without the pension being affected. Accumulated property does not include land or any interest in land, including any mortgago on laiad, any annuity or, policy of life insurance or any furniture or personal effects belonging to the applicant. Cash is included in accumulated property. £1 for every £lO in excess of £SOO accumulated property possessed by the applicant is deducted from the full pension of £52 por annum. From December 1, 1036, tho fuU pension is to bo £SS ,10s per annum. (2) See answer to 8.8. It is assumed (hat you are referring to sustonanco. Anxious. —Tho position of master and servant exists between tho boy and the shopkeeper, and tho boy is entitled to claim under the Workers' Compensation Act compensation for tho accident which happened to him. Sodium. —Tho Fencing Act forbids the planting of trees "on or alongsido" the boundary fence. Trees planted two feet away from the boundary havo been held not to bo "on or alongside." You cannot take action, therefore, unless when tho trees grow they become an actual nuisance causing material damage. Cripple.—The invalidity pension became law under the Pensions Amendment Act, 1030, dated September 1, 1030. See answer to Query. Kileroa. —The position will depend whether there is any drainage easement to your property, or any agreement among neighbours as to drainage, or scheme settled under the brainage Act, or drainage taken over by a drainago board. Without this information your question cannot be answered. Tho probability is that you have not this information yourself, and _ would require a solicitor to search the title to your land.