LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 22946, 26 January 1938, Page 20

LEGAL INQUIRIES

MANIY 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, Nkw 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. Fence.—The onus of keeping stock off other peoples' premises is on the owner of the stock, but by the Impounding Act the occupier of unfenced land cannot claim damages from the owner of cattle or sheep other than the fees sot out in that Act. The position as to fencing may, however, be modified by agreement, or by application of the provisions of the Fencing Act. Uncertain.—The Fair Rents Act provides that no covenant or agreement entered into beforo or after the passing of the Act has any force or effect to deprive any tenant of any right, power, privilege or other benefit provided for by the Act. In other words, a tenant cannot contract himself out of the Act. Wager.—lf the competition is decided by skill it is legal and no permission to hold such competition in required. R.H. —In general a dairy farm worker's employment may be terminated by either the employer or the worker upon giving one week's notice. Digger.—There is no specific limit to the rate of interest a money lender can charge. If the terms of repayment of the loan are harsh and unconsionable the Court may review the transaction and reduce the rate of interest. Each case is decided on its own merits. Copyholder.—The term of copyright fixed by the Copyright Act is in general for the life of the author and a period of 50 years after his death, but there is a proviso that after tho expiration of 30 years from the death of the author reproductions can bo made provided the proper notice is given and royalties at the ■ rate of 10 per cent on the price of the published work is paid to the owner of the copyright. The Now Zealand Act is the same as thj English Act, which may be said for all practical purposes to be in force throughout the British Empire. A,C. —It is sufficient if one party to tlie marriage has had his or her place of abode for tho space of three days immediately before making tho declaration required by tho Marriage Act within tile district !U which the marriage is to be solemnised.

Old Age Pension—The fact that you own your own home will not affect your application for the old ago pension. A married couple may have by way of income and pension up to £lO9 per annum befora the pension will bo affected. You can have up to £SOO liquid assets, which, of course, includes money in the bank, before the pension will be affected. D.X., Dom. Rd. —For the first part of your Question see answer to "Old Age Pension." Where the Public Trustee administers an estate he charges a commission, the rate of which varies with the amount of the estate Diogenes.—Where husband and wife are living apart pursuant to a decree order or deed of separation, each for the purposes of the old age pension is treated as a tingle person. Your income, however, is such that you are not at present entitled to the pension, but should your employment ceasis you will become entitled. , Anxious.—Probate of your aunt's will can be inspected at the Supreme Court office nearest to her late place of residence. The nature of her estate and its amount can be obtained from a perusal of the stamp accounts, but you would require the trustees' permission to peruse these. You may obtain tha information direct from the trustees themselves. Memo.—The will will not be invalidated by any errors of spelling, provided there is no resulting ambiguity. Even though there is an ambiguity, extrinsic evidence may be admissible. Such evidence can also be admitted to prove the identity of any beneficiary misnamed. A.H.—Since you have arranged a new mortgage and agreed to a specific rate of interest you are not now entitled to aay reduction of the same. Fair Play.—You cannot object to tho. water meter reader crossing your lawn to read the meter unless there is a convenient path thereto.

Inquirer.—The limit of income and pension per annum that a widow with two children under the age of 15 years can have is £lB2, the maximum pension being: £lO4. Llanric.—(l) If the agreement for sale and purchase is in the usual form and is protected by a caveat on the title, it is a reasonably snfu title for a purchaser, but, of course, is not as good as the title of a person registered as owner by transfer. (2) There is no limit to the time that one can hold property under an agreement for sale and purchase, but certain rights may become statute barred by lapse of time. (3) The same stamp duty is payable on an agreement for sale and purchase as on a transfer, but where the duty has been paid on the agreement a nominal fee only is charged on a transfer following, but if the agreement is assigned, full stamp duty is again payable on the value of the consideration of this assignment. F.J.G.—You are presumably entitled to damages for breach of contract if you can show that the dwelling accommodation provided by your employer is not up to that specified in the contract. There is no legal definition of how many rooms a " six roomed" house should contain. It would, therefore, be a matter of evidence as to what was the reasonable and popular interpretation of such a term. The modern tendency appears to bo to exclude the kitchen and conveniences from the number of rooms, especially if the kitchen is small. Fair Play.—lf a wife leaves her husband without just cause she is not in general entitled to maintenance. Unless a Court, order is made to the contrary the father is the legal guardian to the children Of the marriage and is entitled to the custody. The interests of the child, however, are the paramount consideration, and the Court may make an order in favour of the wife, even though she leaves without just cause. If such an order is made the husband may be ordered to pay maintenance for the child. You are entitled to know your wife's whereabouts, and to take reasonable steps to ascertain it. You are not liable for your wife's debts contracted while she is living apart from you. Distressed.—Contracts or agreements for the sale of land aro specifically enforceable, but as with other contracts, fraud, misrepresentation, inducing the contract or mutual mistake may invalidate it. Worried Widow. —You will require to make application to the nearest Supreme Court for grant of probate of your husband's will. This is done by motion and affidavit. You will then require to prepare and file stnmp accounts. It will be necessary for you to employ a solicitor, who will attend to this and advise you on any incidental matters. W.X. —Dairy farm workers must take their holidays at their employer's convenience. If you have been continuously employed for 28 days yon will be. entitled to demand a holiday within the year of your employment or unon the termination of the same. The holidays are 28 days per annum or a proportionate part thereof. Anxious. —The consent of both parents, even though they are liviing apart, is necessary to the adoption of the child. If the child is adopted the adopting parents will be responsible for the mnnltonnnce of the child thenceforth. Y.Y.Z.—If a husband leaves his wife without his wife's consent or for a reason which is not recognised as grounds for a divorce, lie can obtain neither a separation order nor a decree for divorce, even though he lives apart from her for three years or more. The wife, on the other hand would be entitled (o a decree on the grounds of desertion. Anxious. —You can apply for the old age pension at once. If your income exceeds .£52, .CI for ovcry £1 theroover will bo deducted, but it appears clear that your income will have totally ceased as from a certain date, and you will bo entitled to the full pension as from that date. X.Y.Z. —The Law Society has brought out a scale of charges for estates, which is generally adopted by practitioners. The scale, excluding disbursements, in an estate of £12,000 for grant of probate, filing stamp accounts and transmission amounts to £lls ss. Inquirer.—The duty on second-hand clothing from Australia varies according to the article of clothing and its second-hand value. If the clothing is a gift left under a will there is no custom duty payable, nor would there bo any charge in a ease where clothing has hcen left behind and. is forwarded on. It is not legal to obtain second-hand clothing from abroad for commercial purposes. Rcce Signiim.—ln New Zealand the owner of every dog shalj be liable in damages for injury done by the dog, and it shall not he necessary for the person seeking damages to show a previous mischievous propensity in such dog or the owner's knowledge of such mischievous propensity or that the injury was attributable to neglect on the part of the owner of the dog, thus negativing tho English common law rule as sometimes expressed that every dog is allowed one free bite. Urgent.—An applicant for the old age pension must have resided continuously in New Zsaland for a period of 20 years preceding the date on which the claim is established, so you will have to wait s further five years.