LEGAL INQUIRIES

New Zealand Herald, Volume LXXIV, Issue 22685, 24 March 1937, Page 7

LEGAL INQUIRIES

MANY I'llOliliEMS SOLVED

This .column appears each Wednesday. Care will lie 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 "Advoeatus," care of Editor", Nkw Zkaland Hkkald, 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.

U.M.-—A slop-son as such is not entitled to any claim on his step-father's estate.

Share-Milker.—Whether the employer or the share-milker pays the expenses incidental to haymaking depends on the terms of tho agreement. If the agreement is silent on the point, there is a deadlock, unless the agreement can lie so interpreted as to throw the onus of providing sufficient feed on one or the other of tho parties.

Kent.—The qualifications for the invalidity pension are, briefly:—(a) Applicant must he a British subject, (b) Sixteen years or more of age. (c) Ten years' residence in New Zealand, id) Totally blind or permanently * incapacitated for work as a result of an accident, or by reason of illness, or any congenital defect, (e) Of good moral character, (f) In the case of a married man or woman or widower with dependant children, the full pension is diminished by X I for every X I over £ 101 income per antim. In other cases, by XI for every X'l over X'.V-i per annum, (g) The property qualifications are the same as for the old age pension, (h) The pension is .CI per week, plus 10s per week for wifo and for each dependent child, (i) "Child"' means a child under the age of Hi years •uul includes a step-child, a child legally adopted, in fact, any child being maintained by the applicant. Invalidity.—As to the invalidity pension, see answer to "Kent." It would appear that your son's income, including the allowance you make him, debars him from the pension. Eureka.-—You must pay your son the, standard wages unless you can satisfy the Labour Department that the arrangement amounts to a bona-fide partnership. Wondering Employees.—Female domestics employed otherwise than in a private homo are liable to wages tax. Where they aro kept they must pay tax ou the amount of their wages idus 17s Od allowance for board

Inquirer.— It is tlio duty of the clerk to a nullity council to forward to the returning officer not later than 10 days before any poll a list of ratepayers whose rates are unpaid for six months or more. Any person whoso name appears on such list becomes disqualified as an elector and consequentially as a councillor or candidate for the council. Such person also becomes disqualified from nominating anyone as a candidate. A county council has a general power to levy rates for ihe purposes set out in the Counties Act and it may increase, or rc- ; duce such general rates without specifying the reason therefor. The position is different with regard t( special rates, which must be for a specific purpose. L.L.M.—Yon can rrqairr the painter to remove the material from your property or you can have it removed and claim the cost and any damages. Xox Weed.-—You can cut roots and runners back to your boundary fence. You can claim damages only if the vine amounts to a nuisance at common law, that is to say materially interferes with the enjoyment of your property and causes you actual pecuniary loss. Returned Soldier.—A returned soldier is In the same position as anyone else in regard to application for the old age tension. He may have acrnniulntcd property up to £SOO without his pension being affected. Accumulated property does rot include land, any interest therein, or any mortgago of land, any interest under any mortgage of an estate, any interest in any annuity or life insurance, or any furniture or personal effects, provided, however, assets not coming under the designation of accumulated property may be included as* such if it is found that a conversion has taken place in order to qualify for a pension. Not Sure. —Insurance of workers against accident is not as yet compulsory, although there has for some time been a move afoot to make it so. The prudent employer insures to indemnify himself from any claim a worker may have. Since January this year the scope of the Workers Compensation Act has been greatly enlarged and many more employers are now liable to compensate workers for accidnjits incurred in the course of employ. 'lhe definition of "worker" has been extended to include a "share-farmer." The sharefarmer, nevertheless, remains liable for , compensation to any person employed by him. The liability to insure and the payment of premiums may and should be a matter of specific agreement.

Tenant. —A landlord, unless he has so si ecifically contracted, is under no' obligation to put premises let or leased in *ny sort of repair. If there is no lease a t ci.j-lit is liable foi waste, but is not othc-rvise liable to repair, except possibly he way lose the benefits of the Fair Rents V't if he does not reasonably look after the premises. If there is a lease, but no express clause as to repair, there is an implied covenant by the tenant to keep the premises in good and ' tenantable repair. You appear to have misunderstood the position and should consult a solicitor. Fair Plav.—The mere fact that your husband provided you with money to start a business which you have run apart from him in your name gives him no right over the' business, and you can run the sain? or dispose of it as you wish. Noni-de-Plume. —You have entered into a binding contract to purchase Ihe uir on the hire-purchase system, and the vendor is under no obligation 'to take it back; in fact, on the contrary, is entitled to insist on payment of all instalments as they fall due, unless ilie contract specifically gives you the right to return the car. The type of agreement you refer (o is no doubt the usual customary hirepurchase agreement. HI) —You are entitled to approximately 12 days' holiday on full pay, plus board allowance at the rate of 8s Oil per week. You can take action through the Labour 1 Department.

Fair Play.—Your wife is entitled to the. full statutory wage for dairy farm workers as from October 1, 1 unless an underrate permit has been granted. Your accumulated holidays to date amount to about 13 days.

F Sue for possession in the Magistrate's Court unless you can evict them peaceably. Nationalist.—A "majority vote" means that more votes are cast for the Government, candidates than are cast for all other candidates put together. This does not necessarily mean a "split vote," although no doubt it is more likely to occur where the votes are "split" by numerous candidates standing. For example, if Government candidate majorities are extraordinarily small and Opposition majorities extraordinarily large, the Government might ge! in on a minority vote, even though (here were only two candidates in each electorate. For further information, get in touch with some expert on "preferential voting." As to whether or not the farmer has and will benefit from the election of a Labour Government is outside the ambit of this coliimr,. A dairy farmer employing a son and a son-in-law must pay them the statutory wages. If there is a hona-liile partnership the position would be different. Dog-Lover.— Since you have made it impossible for the dog to bite anyone unless they disregard vour express injunction, as contained in the notice to "Keep out. beware of the dog,' and enter your back yard, .vou will be under no liability to anyone who is bitten. This applies, however, only to persons who can see and appreciate the notice. F. 8., Uemuera.—The owner of property on which work is being done, Vhether it is a new lurldiug or other work, must, to protect himself against wages or subrontratcors' liens, hold back •-!"> per cent of the contract price for a period or 3(1 days from the completion of the work. 13, p.—It depends on what you have signed. If you simply took a transfer of half the property and did not sign a covenant with the existing mortgagee you are under no contractual obligation to such mortgagee and may "walk off'' the place as far as the mortgagee is concerned. Hut you are liable to your vendor to keep the terms of (lie mortgage and if ho was called upon to pay he would have recourse to you.

Cows. —The arrangement you outline with your brother nmounts to a bona-fido ami valid partnership and the Agricultural Workers Act would not apply to either you or your brother. It would, of course, hppl.v to anyone you employed. Employment tax and income tax (if any) would be charged apainst each of you individually although a partnership return might have to be made. J Jv'.lt. —You cannot have both the invalidity and the old-ace pensions. You can let the house for .C7B per annum and your pension will not be affecti'd unless the net income (herefrom, after deducting rates, insurance, any interest and penernl upkeep, exceeds per annum. If it does, 11 for every CI excess will he deducted. Your pension would not tie affected if you sold the house, receiving a less sum than £SOO in cash and leavinar the, balance on mortpape, since mortpapes are not included in accumulated property, and the interest at 4 per cent thereon would be less than £6'2 per annum