LEGAL INQUIRIES

New Zealand Herald, Volume LXXIV, Issue 22852, 6 October 1937, Page 20

LEGAL INQUIRIES

MANiY PROBLEMS SOLVED This column appears each Wednesday. Care will he 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 of Editor, New Zealand Hf,iiat/d, 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 reference in the column. Rosebud. —Unless judgment for rates is obtained within three years of the due date of payment they are irrecoverable. Usually the due dote is 14 days after the receipt of the demand. Knowledge.—A "table mortgage" is one which is repaid by regular instalments covering interest and principal. A purchaser would 'pay the costs of tho transfer of the property to himself. You could probably, if you wished, arrange to repay tho balance due under the table mortgage. but you are not entitled to do so as of right unless the mortgage so provides. S.L.—lf no application for relief is pending a second mortgagee can, if default is made in any of Hie terms of the mortgage, exercise his power of sale, subject, of course, to the first mortgage. It is a usual term in second mortgages that a mortgagor shall keep and observe all the terms of the first mortgage and it is a usual term in all mortgages of land that the mortgagor shall punctually pay rates. Heir.—A wife's next of kin arc not entitled to share in the husband's intestate estato. Subject to the special provisions of the Administration Act nearest next of kin take to the exclusion of more remote, e.g., parents take in priority to their children. In New Zealand neither age nor sex give any priority among persons equally related nor do necessitous circumstances. Frankton. —If you bona fide require the house for your own occupation you can recover possession under the Fair Rents Act. Stiff Luck.—Notwithstanding you have been paid compensation in connection with the stiff -fingers, you will be entitled to compensation if a further injury occurs to • them in the course of your employment and you are incapacitated for work. Such compensation will be limited to the periled of your actual incapacity, and you will not again receive compensation for the permanent loss of the use of the fingers. Getting Desperate.—Since you have made no application for relief the mortgagee is free to exercise his remedies, which include selling the mortgaged property, in the manner prescribed by the mortgage upon default being made in any of the terms of the mortgage. It will no doubt be a term that rates shall be punctually paid. The reason for this is that a charge for rates takes priority over the mortgage. It will also be a term that the property be insured to the full insurable value and probably the mortgage will provide that in the event of the mortgagor failing to insure the mortgagee may do so and may collect the cost from the mortgagor. A mortgagee is entitled to recover from the mortgagor all costs reasonably incurred in the protection of the security. C.S.L.—Tho pension is primarily payable to the pensioner, not his wife, but, where they are separated, and since, an allowance is made in respect of wife and child, arrangements can be made for the wife to draw a portion of the pension. A.D.—Your best course is to communicate with the Secretary of the local Law Society, who will ascertain who took over the solicitor's practice and what became of the deeds.

Oblige.—lf you pay your employees the statutory board allowance of 17s fid a week each you can charge tiiem rent for the cottage, if they agree, and you are under no obligation to supply them with anything- in addition. D.E.L.—The asset would bp deemed readily convertible and Is for every £25 over the first £25 and up to £3OO would be deducted from the sustenance payable. New Chum. —Workers on sheep farms are entitled to £2 2s 6d per week, plus board or 17s Gd a week, and to 18 days' holiday on full money wage per annum. They are not entitled by statute to a weekly holiday. J.T.M.—See answer to "New Chum." Puzzled.—A dairy farm worker is entitled to 28 days' holiday on full pay, plus 8s 9d a week board allowance per annum. If he does not work a full year he is entitled to a proportionate part of the 28 dajs. Apprentice.—lf the apprenticeship contract was completed before the new plumbers' award came into force the apprentice continues to work on the old basis, and is not entitled to any increase of wages provided by the new award. Memo.—lf you and your wife are bona fide entitled to half the income, then since neither income equals £lO4 per annum ' and she is over 00 and you are over G5 you can obtain exemption from the employment charge and levy. Ajax.—Upon your being adjudicated a bankrupt all your property passes to the Official Assignee and you are released from personal for your debts, except in so far as the Court may otherwise order upon granting your discharge, which, incidentally, you should apply for promptly. J.C.M.—If you convince the departmental officers that neither wireless set Is in use or intended to be used you will not need to pay a licence fee. But they will probably require that both sets be dismantled before they will be convinced. X.Y.Z.—The award wage for a journeyman plumber is 2s 5%d per hour. This is the amount paid to the employee, but the employer is entitled to charge anyone engaging him to do plumbing work such amount as is agreed on for the job or a reasonable amount to cover overhead and profit. Much Perplexed.—lf a worker on a sheep farm is paid £3 a week that is all he is entitled to and he cannot claim board ot accommodation. If, therefore, he occupies a cottage the question of rent and occupancy will be a matter of agreement between himself and his employer. Griff.—The amusement tax on the prico of admission of 4s is 6d. The rest of your question depends to a certain degree on the type of entertainment, but it can be stated generally that no one is entitled as of right to demand entrance to a place of amusement and the management can exclude anyone without giving any reason. The Fair Rents Act does not apply to any premises forming part of a building originally erected for the purpose of being let as two or more flats or separate apartments. Sleepless.—lf the rooster crows with such vigour as to actually keep you awake and you are in a residential locality tho keeping of such rooster may be a nuisance at Common Law and you could obtain an injunction for the abatement of the nuisance. Apart from the above you have no legal rights.

Pensioner. —A returned soldier in receipt of a pension is not liable for employment charge on such pension, nor does he have to pay the r>s levy. lie would, however, be liable foi employment charge on any income he receives other than the pension. Promise.—Failure to pay rent is a ground under the Fair Rents Act for the landlord to recover possession. A magistrate, however, has a discretion as to whether or not he will make an order. If an arrangement has been come to with the landlord to accept payment of arrears by instalments and the instalments are paid promptly the landlord will be deemed to have waived his remedy.

Uncertain. —It is usual to notify a legatee immediately of a legacy. This was done through an outside source and the solicitor may havo considered this sufficient. Executors have a year within which to realise an estate and pay legacies. If the legacies are not paid within the year they carrv interest. You should communicate with the English solicitor and ascertain the position. Much Worried. —A marriage is binding even though the wrong name is given and the wrong age provided that tho parties are at marriageable age. The consent of both parents to the marriage of anyone under the age of 21 is required, although in certain circumstances the consent of one may be dispensed with by the registrar and the consent of both by a magistrate. E.B. —Women whose income from all sources does not- exceed £*.">O per annum are exempt from the employment charge. From the gross rental of premises, rates, insurance, repairs, interest on nny mortgage and depreciation may be deducted for both income and employment tax purposes. Anxious.—The statutory wage for dairy farm workers has not been altered. Searchlight.—The signatures of both mortgagees (lenders) and mortgagors (borrowers) are required to an extension of a mortgage. The transaction is then completed by stamping and registering the document, which should be prepared by the mortgagees' solicitor.

Plural.—Readily convertible assets affect sustenance. One shilling weekly is deducted for every £25 after the first up to £3OO and 2s thereafter up to £500,' after which sustenance ceases. Legacies are not in general treated as income. Succession duty (subject to certain exemptions) is payable by the legatee (unless the will otherwise provides) according to the amount and his relationship to the deceased. W.A.G.—The Fair Rents Act applies and the rent cannot be increased without a magistrate's order. The Act is in the process of being extenled to 30/0/38. The extension may contain amendments. At present a magistrate allows from 4 to 6 per cent on the capital value of the premises, rates, insurance, repairs and depreci&Uoa (if any).