LEGAL INQUIRIES

New Zealand Herald, Volume LXXIII, Issue 22580, 19 November 1936, Page 5

LEGAL INQUIRIES

MANY PROBLEMS SOLVED An exceptional number of legal inquiries have come to hand this week. Answers normally appear on "Wednesday bub space could not be found for all of them yesterday. A second instalment appears below and a third will be published to-morrow. Care is 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 the advice or information. Send questions to "Advocatus," care ol Editor, Nkw Zkai.ani) Mkuai.u, 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 lor purposes of relerence in the column. Interested.—As tho farm on which you are employed is not a dairy farm, yoti are not entitled to fhe benefit of the statutory rate of pay laid down by the Agricultural Workers Art. -Nor are yon entitled to be paid the basic wage, as this only applies wtiero there is an award or industrial agreeliient in existence. The matter of your wages is therefore one of agreement between you and your employer.

Mortgage.—There is no provision In (he new Mortgagors and Lessees' Rehabilitation Act whereby (he reduction in the value of a house properly is ordered to be equally borne by rnort trance and mortgagor. Hricfly what happens is that if the property is a city one the value will be fixed as the market value at the date of the Act, but the commission may niako such increase or reduction as it deems reasonable to make it a fair value for adjustment purposes. The mortgage will bo reduced to such value, and the balance is treated as an adjustable debt and except in so far as it is covered by other assets will be discharged on a date to bo fixed by the commission. The commission has also power to deal with interest. Your wife might on application get a reduction of interest, but as the property still seems to bo worth considerably ninro than the mortgage it is doubtful whether misapplication would benefit her. position as guarantor would also bo gone into. For Sale. —You should make immediate inquiries from the mortgagee's solicitors to find out what was done subsequent to the notice given you under the Mortgagors Relief Act. The mortgagee may have exercised his power of sale and sold the properiy or tie tnav have bought it himself. It may he that lie merely entered into possession of tho property, in whitn caso he must account to you for any surplus. Acluallv von forfeited your right to apply for relief by not doing so within the calendar month allowed you by the provisions of tho then existent relief legislation.

H A T).—The matter of repairs to a mortgaged property is hardly one for an application bv the mortgagee under the new mortgage legislation. If the mortgagor does not himself make application f " r ... a(l i j us V Tlcnt 4 January 31, {•MI, you will be free then to call up the mortgage and exercise your powers on account of this default. If ho does make application you should be represented and bring this matter up. Land Tax.—Farmers, including, of course, dairv farmers, must pay land tax on the unimproved value of their farms, farmer must make a return, if lie does not Hie department will make a default a. .e. i,lent. Where the unimproved vah, ?.< lo( * not exceed .CISOO there is an exemption of f,-,no This is reduced by .C 1 for every £_ of value in excess of .CISOO. Vihere the unimproved value does not exceed J-"' 1 "; there is no exemption for the amount of mortgages up to that amount. If the value exceeds £'T">oo the exemption diminishes by £1 for every £1 of the excoss so as to Icavo no exemption ai 11.*>.000 unimproved value. Pop-Eve.—Unfortunately owing to the date of your accident you cannot benefit by the provisions for increased payment tained in the recent, amendment to tho Workers' Compensation Act. Medical expenses will be restricted to £l. iou will be entitled for the loss of one eye and serious diminution of the sight of the other to 7."i per cent of the amount you would have received on total incapacity. The amount of compensation on total incapacity is the present value of OH 2-3 of your wages for 0 years with a minimum of £1 per week (now increased to .C2L i.e., TO per cent of £270 Us 7d, which equals approximately £202, less any amounts already paid to you. This is based on ihe minimum of CI per week since twothirds of your wages is less than this amount. If you had been under tho new Act you would have received twice as much. J .A. V.—The right to use waters in lakes falls, rivers or streams for the purpose of generating or storing electricity is vested in His Majesty the King. Under the Public Works Act licences may he issued to persons to use waters for generating electricity for electric light, mechanical power or other uses. You must apply to tho Public Works Department, for a licence to install an engine and dynamo and generate electricity, even though for personal use only and on private property. Write to the depurtment at Auckland. Subscriber. —Your daughter is entitled to one hour's lunch hour, and should not be on the premises at all during that hour. She should only work It hours a week. As to the salary she is entitled to receive it is impossible to advise you. She may come under either the Shop Assistants or the Orocers' Award, and her position will depend on her ago at starting either trade. lier experience in any typo of shop Rnd other factors. You should write to the Labour Department, Auckland, giving full details, and they will advise you. As your daughter is under the ago of 20, she is not liable for wages tax. Interested.—-A gardener employed in a hospital would not come within the provisions of the Agricultural Workers Act. You probably are eligible for membership of the Auckland Gardeners and Gardeners' Labourers' Union. Write to the secretary. Trades Ilall, Auckland. G.K.W.S.—(I) Under tho provisions of the Shops and Offices Act you are receiving the wage to which you aro entitled, having regard to your six months' experience. Your employers do not have to increase your wages to the basic, rate of 30s. The basic wage applies only where an award or industrial agreement operates. (2) If your firm is cited as a party to any award fixed for clerks, they will increase your salary to tho award wage. (I?) If an award is made, you must join the Clerks' Union. Agricola.—A permit may be granted under tho Agricultural Workers Act to a worker physically incapacitated to accept less than the statutory rate of wages. Apply to the Labour Department, Auckland. Unique.-—Women of 00 years aro entitled to apply for the old age pension. Twenty years' residence in New Zealand is necessary to qualify. There are certain property disqualifications. The special provision relating to married couples is that they may have including any pension up to £l5O per annum joint income increased to £10!) from December J, 103(1. If both husband and wife have money, each may have £.">oo without the pension being affected. Any interest, in land or mortgage over land does not affect the pension, it. not being included in property. You should got in touch with the Pensions Department, Auckland, and they will advise you as to the procedure to he followed and whether you are entitled to the pension. Tho fact that you are a married woman does not debar you from applying. In Doubt.—See answer to "Unique."

Ha>seed. —Where a stay order is made and until tho farmer's position is finalised under the new Relief Act all moneys or income of any kind must bo handed to

the trustees appointed by the commission. Bitten. —The Reserve Bank being exempt from all direct taxation paid no income tux, consequently shareholders were liable tor p income tax on any dividends received. Waiting.—So long as your husband is employed and earns .£3 17s Id per week you would not be entitled to the old-age pension. If your husband was unable .to continue working and his ill-health was regarded as permanent incapacity he would be entitled to the invalidity pension, but this would amount to a great deal less than Ins present wages. There is no method bv which vou could get assistance for your husband to have a few days' rest from work. lI.M.—Yon could take a further boarder at £1 r.s per week without your old-age pension being affected. The latest ruling of the Pensions Department with regard to boarders is that they do not take into consideration any portion of board and lodging received where tho boarder pays less than .11 a week. If the boarder pays more than £t per week, 2s Od per week or oneeighth of the weekly board paid, which ever is the less, is regarded as income by the department.. Bunny.—(a) You could put the clippings back on your neighbour's property, (b) You can erect any kind of fence you please on your own property without, your neighbour's permission, but if you place a fence on a dividing line between his property and vours. which does not comply with tho Fencing Act, you can only claim half the cost of a fence complying with tho Fencing Act. If you wish to erect any sort of dividing fence nnd claim any contribution from your neighbour, you must give him a fencing notice. Anxious.—Tho provisions of the Fair Rents Act apply to the property. The owner of tho premises cannot give you notico to quit if your rent is not in arrear, unless she requires the property for her own use and occupation or for that of her family, or unless she has sold the property and a transfer thereof is to bo executed within one month. If, therefore, the owner does intend to live in the property, you will have to give up possession at tho expiration ot the notico ~ given you.