LEGAL INQUIRIES

New Zealand Herald, Volume LXXIV, Issue 22900, 1 December 1937, Page 7

LEGAL INQUIRIES

many problems solved This column appears each Wednes- ( aj. Care will be taken to ensure that 110 legal guidanco is sound and e accurate and as complete as possible II on tho facts supplied, but no responsie bility is undertaken for the advice •- or information. Send questions to e Advocatus," care of Editor, Nuw s Zk.vmnd Hkualu, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are 1 " ot . accepted as . bona fide addresses. > Initials or a pseudonym must also be ' | gi\eu for purposes ol : reference in the ? I column. 'lttrnip.—Tho present * position under the & air Dents Act is that if a landlord or •ft purchaser obtains possession. of a dwel- > Iling house on the grounds that it is rej Quired for their own occupation it cannot bo re-let to anyone clso for a period of six months from tho dato of obtaining pos- , session. • ] Disinherited. —A trustee is entitled to sell properties without the consent- of the beneficiaries, It is usual, in fact generally considered proper for a trustee to notify beneficiaries of full age before making a sale of any large proportion of the estate, but it is not necessary for him to get their consent, in fact lie is entitled to sell in face of opposition. Fair Play.—lt is the employer's duty to find board and lodging for a worker on a dairy farm. You are under no obligation and any arrangement made with you to board the man is one for mutual agreement. Tai.—A copy of the will can be obtained . from the Supreme Court office nearest the place where tlie deceased resided. The cost would depend upon the length of the will. Farmer.—There is a general exemption of A'oOO unimproved value of land for land tax purposes. There is also an exemption for the amount of a mortgage up to £7t>()(). Doth exemptions, however, are not allowed. If the unimproved value is .11800 and the amount of (he mortgage is i'l7oo | you must pay land tax on £IOO. j Fence X.—The provisions of the Fencing Act, namely, that each occupier is liable for ] half the cost of fencing, repairs, etc., apply I only if not varied by agreement, verbal or in writing. Such agreement to be binding on subsequent occupiers in the case of Land Transfer land must be registered. | Header.—All war pensions are exempt from employment charge, but only persons in j receipt of a war pension in respect of total disablement are exempt from the levy. ; Worried.—Legally, and theoretically parents have control of their children until the I a ,^ c .9f, -I years. Actually, such control diminishes ns the child approaches that i age. The interests of the child are paraj mount and the Court will not assist parents ! to jeopardise such interests. Each case, however, must be considered on its merits It would seem somewhat difficult for a girl, aged J7 to justify her insistence on taking up the position of a domestic so tar away from her people. ; Back Interest.—A refund of income tax can ho claimed for three years up to the end of the assessment year. It is not lawful for the Commissioner of Taxes to alter an assessment so as to increase the amount thereof after the expiration of four years from the end of the year in which the assessment is made. If interest fell due in IfilU-iS'J and was written oil ami was paid last year, it should be "written on" as part of last year's income. Bitten.—Under the Land Transfer Act there are two copies of the Certificate of Title, one is kept in the Land Transfer Office, where it can be searched upon payment of the search fee. The other is handed to the person entitled to it. .On both copies transactions are recorded, including such encumbrances as mortgages, casements, fencing covenants, etc. If you are not satisfied with your solicitor you can uplift any documents he holds on your be- ' half upon payment of any outstanding j costs. Cow Bail.—Where a worker on a farm is j kept he must add to his money wage 15s j a week for wage tax purposes, i.e., he pays an extra (id per week wage tax. Wondering.—Providing you and your wife's joint income does not exceed tl a week you would be entitled to 10s a week family allowance, the allowance being Lis for each child in excess of two. You should make application to the Registrar of Pensions, Auckland. Worried. —It is clear that the wireless vendors cannot maintain the attitude the.v have adopted. If they are paid the full amount ,set out in the hire purchase agreement they are not entitled to any further amount. The position, therefore, is that if the amount you have paid them and the amount paid to them by the insurance company exceed the total purchase price, you. are entitled to claim the difference. M.G.L.—You are entitled to call upon your husband to support you notwithstanding the number of years that have elapsed since vou left him. The magistrate, however, may take into consideration whether vou were entitled to leave him in the first place and whether in the event of his now being willing to provide you with a home you should return. Anxious Kiwi. —You remain liable for the amount of unpaid calls made on your shares. . S.A.G.—You will have to pay both income tax and employment tax on the income from the converted bond. Trespass.—lf the land is not properly fenced the occupier cannot exercise the drastic remedy of destroying trespassing pigs. He may, however, recover the trespass rates set "out in the schedule to the Impounding Act and he may, of course, impound the animals. Stone Stopper.—The compulsory third party insurance at present provides only for injuries to persons. There is, however, a comprehensive type of policy which covers damage done to property. If your car is covered by such a policy you can recover for the cost of a windscreen broken by flying stones. Beacon. —If your wages are fixed by an award or an industrial agreement, then the difference between the wages actually paid to you by your employer and thoso fixed by such award or agreement can be recovered for a period up to twelve months only. Tf however your wages are fixed by | (lie Shops and Offices Act this limit of twelve months does not apply. It would seem that*the latter Act does apply in your case and the claim of the Labour Department is correct. Fleeced.—Yon will not gel your debts adjusted unless you are a farmer mortgagor. If you are such a farmer mortgagor you can apply lo (he commission to confirm (he terms of (he arrangement that you wish to make with (he mortgagee and to adjust your debts accordingly. E.M.C.—If the boy is no longer destitute the parent can apply to the Court for an order cancelling tfie order for maintenance. Waiukn. —The Fair Dents Act applies to the premises and. notwithstanding the fact, that it is subject (o a lease, you cannot j during (he currency of (hat Act raise (he rent without an order from a magistrate, nor can you obtain possession of the premises, even at the exniralion of the lease, except upon one of (he grounds set out in the Act. Further Amendments to the Act are before the House, (c) The owner of a lower section can excavate his property up to the boundary, and is under no obligation to build a retaining wall, but will be liabh for damages if there is any subsidence either of soil, buildings or fences. Qtierv. —The provisions of the Agricultural Workers Act relating to holidays which apply to dairy farm workers have not, been extended to share-milkers. .Sharemilker" means a contractor who has undertaken to perforin in whole or in part tho work of a dairy farm.