LEGAL INQUIRIES

New Zealand Herald, Volume LXXIV, Issue 22822, 1 September 1937, Page 22

LEGAL INQUIRIES

MANY PROBLEMS SOLVED

This column appears each Wednesday. Care will be taken to ensure that tho legal guidance is sound and accurate and as complete as possible on the facts supplied, but no responsibility is undertaken for the advico or information. Send questions __ to "Advocatus," care 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 bo given for purposes of referenco in the column. Hater.—After your son is 20 ho must pay wages tax at the rate of Sd in the pound. Dairy Farmer, T.T. —Agricultural workers on dairy farms are entitled to 28 days' holiday on full pay, plus 8s 9d per week board allowance. Odd holidays, provided both milkings are off, may count toward the 28 days. If one milking is done no part of the day counts toward a holiday except in the case where a half-day, from noon onward, is given in each week, in which case the 28 days is reduced to 14. Lender.—Tho effect of bankruptcy is to discharge the bankrupt from all personal liabilities existing at the date of adjudication unless upon granting tho discharge some special condition is imposed. The fact that a creditor has not proved does not keep his debt alive. Drainage.—Your neighbour cannot force you to allow the drain to go through your I property unless there is some drainage easement in his favour or an agreement to that effect or ho propounds a drainage scheme under the Swamp Drainage Act and this is either agreed to by the persons affected or approved and ordered by a magistrate. Rex. —You must pay your son the statutory i wage payable to farm workers of his age \ and class, unless you obtain an under-rato ; permit. Since ho is over 20 ho must pay j wages tax. 444 —l The right to make application ! under the Family Protection Act, for pro-' vision out of a deceased person s estate j does not extend to sisters. \our only remedy would bo to upset tho will, where- , upon vou would be entitled to a share in tho estato as on intestacy. You would re- i quire stirong cogent evidence to prove i undue influence. 2. To bo safe you must . insure £he painter. Inquirer, North Auckland. —It depends on i the amount of the property the wife re- I ceives. Up to £SOO legacies and presumably other benefits under a will expended j on purposes stated by the Act or ap- | proved by the commissioner of pensions ; do not affect tho pension in so far as ; income is concerned. If they bring the accumulated property of the pensioner over j £uGO a decrease may result. (1) Death duties will not be affected by the pro- 1 cedure you outline. Assuming you are the sole person entiiled to the property, you ; can agree to leave it in the hands Ci ! the trustees, although it is difficult to see what benefit you get from this. (-') ! If this is tho only gift within a year, and , since tho amount does not exceed £OOO, ; there will be no gift duty. You do not j state the nature of the property, so there- , foro it is impossiblo to tell you the cost I of transferring it. Very 'Anxious.—(ll No action can be taken t against you before your application for i relief is heard by the commission. Therefore, it will depend on what order, if any, is made. (2) No. (3). Yes. Heta —Tbn extension of tho Agricultural Workers' Act to workers in orchards dates from February IS. 1937. From that date until you left you would be entitled to £3 16s a week, less 17s 6d a week if board was provided. Inquirer.—You will pay interest on the mortgage until the date the purchaser takes possession. Thereafter the purchaser must pay interest, although your personal liability will continue and you may be called upon if default is made by the purchaser. There is no scale fee for a valuer. The usual fee in a case like this, provided the property is within easy access of the valuer's place of business, would be approximately £2 2s. Margret. —The girl would be engaged in private domestic work and is therefore not covered by any a^ard. Reader.—The husband can vindicate himself by taking action for damages for slander. His old-age pension will not be affected by tho slander unless the same is ac- I cepted as true by the department and it so affects his character as to make him 1 appear to be unfit to receive the pension. | Wiggins.—You should write a letter (keeping a copy) to your landlady, protesting against her action and pointing out that it was a term of your tenancy that, you were to have half the garden and you required her to observe the terms of the tenancy. If this is not effective you can take action for trespass, claiming dam- [ ages. Before doing so you should consult a solicitor.

Fairpla.v.—(l) You should certainly take definit" action to obtain the legacy. It may be even at this date that your remedy is statute barred. Consult a solicitor at once. (2) An old-age pensioner may have income amounting to £52 a year without the pension being affected. X.Z.—The man is entitled to work out his week's notice or receive a full week's pay. Alto.—Your property would bo classed as an orchard. You would come under the Agricultural Workers' Extension Order dated February 18, 1937. Under it adult male workers receive £3 IGs per week, less 17s Gd if board is supplied. Uncertain.—The payment of sustenance is in the discretion of the Employment Board, who take into consideration the applicant's financial circumstances. It may bo stated as a ceneral rule that property up to £oOO does not affect the position. Central.—You should have secured yourself by obtaining a lease before you spent money on renovations. The unfortunate position you aro now in is that your landlord can now terminate your tenancy by giving you ono calendar month's notic'p I in writing. You are, however, protected by the Fair Rents Act, unless yonr premise's could, be classified as business premises. This appears to be doubtful. Even if the Fair Rents Act applies, if tho landlord reasonably requires the premises for his own use he can obtain an order for possession. Inquisitive.—The award wage in your district for a butcher between tho age of IS j and 19 is £2 7s 6d, and between the age of 10 and 20 £2 17s Gd. C. G. Glen.—You appear to have taken all reasonable precautions to ascertain the owners of the cattle. You have, of course, the right to impound them. This is probably your best course. You are in possession of them and havo a titlo good against everyone but the true owner. Your actions would clearly provo that you have no wrongful intent. If you sell the heifers in a reasonable manner and keep a careful account of tho proceeds of tho sale you would be safe tince you could account to the owner, after deducting: what you had by way of counter claim for damages. The owner's right of action would be statute barred after tho lapse of six years. Mrs. T.l.—lf you ran provo that after payment of your debts you are not worth £."iO and that your husband is in no better position and unable to pay tho costs of divorce you can apply to petition in forma pauperis. If leave is granted the total cost would be £5. You should consult a solicitor whose duty it is to advise you fully on the matter. Still Doubtful.—lf you can prove your original agreoment, namely, that tho right to graze was restricted to twelve cattle to be kept on the grass portion of your property you will be entitled to recover damages for breach of contract. Unless your land is enclosed with a sufficient fence within tho meaning of the Fencing Act you would not bo entitled to damages for trespass, this Common Law romedy being abrogated by tho Impounding Act. Fair Play.—(a) No. (b) Yes. The relationship of husband and wife ceases entirely upon tho decree absolute being granted and each party is thereupon deemed to ho unmarried. Tho husband's pension thereafter would not bo affected by any property owned by the former wife. &.E.V. —The, "Deserted wives pension" ns you call ii is really the Widow's Pension extended to wives who have been deserted by their husbands and cannot enforco payment of maintenance, but in each case there must be a child under fifteen dependent on the wifo or widow. Broke. —Since tho tenants refusa to pay any extra rent or to vacate tho premises and also since probably the Fair Rents' Act applies you cannot do anything without taking: Court action, and since you are probably not sufficiently familiar with the procedure to take such action yourself you must employ and pay a solicitor. As far as the electricity is concerned you can get a separato meter or come to some other arrangement with the power board.