LEGAL INQUIRIES

New Zealand Herald, Volume LXXIV, Issue 22864, 20 October 1937, Page 8

LEGAL INQUIRIES

MANY PROBLEMS SOLVED

This column appears each Wednesday. Care will be 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 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 be given for purposes of reference in the column. "Waiting.—You are entitled to demand payment of wages in cash. A week's notice can be given at any time. Share-milker.—Although share-milkers are now brought under the Workers Compenlation Act, insurance by employers is not compulsory. Where the share-milker has Jigreed to pay the insurance, this is a valid ugreement, and ran be enforced. Q.R. —If you are in receipt of a soldier's widow's pension you would not be eligible for an invalidity pension, but could apply for the old ago pension, your sol' dier's widow's pension being treated as income. Inquirer.—A trustee is not entitled as of right to demand to see a will before the testator's death. Ho can. of course, refuse to act as trustee. An executor in general is allowed a year in which to wind up a deceased person's estate. Safety First.—Any person who starts a fire on his property is absolutely liable to,bis neighbours if tho fire spreads and causes damage to their property. You cannot free yourself from such liability by giving notice, but such notice may be a useful warning to neighbours, who may take 6ome precautions. L.G.D. —You and your wife are each entitled to the statutory wago peayable to dairy farm workers, namely, £2 2s 6d, plus board, or 17s Cd a week, and yon are each entitled to 28 days' holiday on full pay per annum. A.G.R.—If the mortgagor ignores your demands, and has made no application for relief, you can take action under your mortgage, and the reasonable cost of taking action, which may either take the form of selling the property of sueing for the amount of th>3 mortgage money, will be payable by the mortgagor. Hart Hit.—Your son, being a minor, is not, liable for ins alments due on the bicycle. The father, having gone bond, must pay them. Ho cannot recover from the son. Hoteo.—Under, the Destitute Pensions Act children are liable to contribute -toward the support of their mother. And Oblige.—"Month" in an agreement means a lunar month, i.e., four weeks, thereforo there aro 13 lunar months in a year, and the extra 3s 4d per month seems to have been properly added, unless it can be shown that in the particular circumstances a calendar month was meant. Digge r .—After six years the right of any claimant will bo statute barred. Until then your title to the cattle is good as against everyone but the true owner. You would run little risk if you disposed of the cattle, keeping an accurate account of the proceeds, f-nd were prepared to hand tho same over to the owner upon satisfactory proof. Advertisement in tho paper is a proof of bona fides, which is useful, but does not actually alter tho legal position. jj ac> —you will require a further 11 years' residence in New Zealand hefore you are eligible for the old age pension. Country Folk.—There are numerous orphanages which are glad to have children adopted. Application must be mado in the Magistrate's Court for an order. The cost should bo covered by £B. Takapuna.—Upon the expiration of the lease the tenancy ceases, and you are not entitled to remain. No notice is necessary either by landlord or tenant. The lease automatically fixes the time of vacation.

Your best course is to approach your landlord with a view to an extension. If-the Fair Rents Act applies, he will not be entitled to increase the rent without a magistrate's order. Landlady.—lf a tenant alters a house without the landlord's permission, the landlord can recover any damages which presumably would be the cost of putting the house back in its original state. Fair Deal.—Under the Fencing Act the occupier of land is liable to fence. "Occupier" includes lessee. You are liable to have your cattle straying on your neighbour's property impounded, but he cannot re-

cover damages, since his land is insufficiently fenced. R.H.T.—You can take no proceedings against the mortgagor until the commission has dealt with his application. If there is undue delay apply to the commission to expedite the hearing. Returned Soldier.—You could apply for exemption from tho levy on the ground of hardship. S.O.S. —You can domand payment of the amount received by the motor firm for your car which they sold. The arrangement that you were to expend the money in purchase of a 6uitablo second-hand car from them is too vague to be enforced. In any case, a reasonable time has elapsed and they have not produced a suitable second-hand car for you, so that you are released from such restriction, even had it been valid. Golden Rule.—The matter of how the widow expends her money which she receives from the estate cannot be controlled or supervised by the trustees of the estate or her relatives, and she is entitled to let her affairs be managed by whom she wishes. She may be foolish in her selection or not, but this consideration is not relevant. If, however, she is incapable within the meaning of the and Infirm Persons Protection Act, application can bo made to the Court to appoint someono to control her affairs. Anxious. —Since you have received a payment on account within six years the debt is prevented from being statute barred, and you can sue for tho balance. You will, of course, have to adduce satisfactory proof of such payment. "Worried.—Your position will depend upon the articles of association of the dairy company, and you will be liable for unpaid calls'* in accordance with the provisions thereof, notwithstanding tho fact that the company has been closed down. Pension. —The applicant nhould state the position with regard to tho properties in her application for tho old-age pension, but since neither land nor any interest \in the same is taken into consideration the position will not be affected. Where an old-age pensioner receives board and lodging an allowance of £26 per annum is added to such old-age pensioner's income. In the case you quote the pensioner would get the full pension, less £l3 per

annum. "War Ponsioner.—You would probably get total exemption from the levy on the grounds of hardship. Your best course is to make application on a form which will be provided by the nearest post office. R.L.F.—Tho onus is on you to pay the levy as soon as you reach the age of 20 years and there is no onus on the department

to notify you of the fact that you are liable. You will bo liable for the levy, plus penalties, as from the date of your attaining that age. Dohorning.—There is as yet no legislation whereby it is necessary to administer an anaesthetic when dehorning cows. Thero has been a suggestion to this effect mooted by the S.P.C.A. G.S.C. —(a) Death duty is payable on the total value of an estate, less debts and any special exemption. The department is not <oncerned with tho unimproved value, (b) The amount and rate of death duty varies with tho amount of the estate and the relationship of persons beneficially entitled. (c) Gift duty likewise varies with the amount of the gift. If the gift, together with any other gifts made within 12 months, does not exceed £SOO, it is exempt from duty. From £SOO to £IOOO the rate is 2Vi per cent, from £IOOO to £6OOO the rate is 5 per cent. From £SOOO to £IO,OOO, 7'/ 3 per cent, and over £IO,OOO 10 per cent.

Farm Hand. —(1) "Month" in a deed or document means a lunar month, i.e., 28 days, in a statute it means a calendar month. C2) Certain diseases or illnesses Rive rise to a claim for compensation under the Workers Compensation Act if duo to the nature of the employment and tho incapacity or death of tho worker results. The diseases are sot out in Section 10, Subsection t>, of the Act, and are, anthrax, lead, mercury, phosphorus, and arsenic poisoning, and any other diseases which are declared oy Order-in-Council, e.u., chrome ulceration and dermatitis. (3) Unless you have ratified your employer's act by word or conduct, ho cannot deduct the cost from your wages.