LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 22976, 2 March 1938, Page 21

LEGAL INQUIRIES

MAM PROBLEMS SOLVED This column appears each Wednesday. Care will bo 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 Hkrald, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona fide addresses. Initials or n pseudonym must also be given for purposes of reference in the column. W.X.Y.Z.—Mileage on the service of a summons in charged at. the rate of Is a mile over the first mile. It does not matter how the bailiff travel!?. A proceduro was introduced enabling service by registered letter and this is usually adopted where the mileage would be heavy, unless there is a special rcuson for making persona? service, such as the refusal to accept registered letters. Bee-hive.—Every person who keeps a hive of bees must register it in accordance with the Apiaries Act. No charge is made to register and cards for registration may be obtained from tho Department of Agriculture. Inquirer.—ln arriving at t,bo net income for income tax purposes, from tho premises let the taxpayer may deduct from the rent the interest on any mortgage, rates, fire insurance premiums, the cost (if any) of collecting the rent, repairs, depreciation, in tho caso of a wooden building 3 per cent on the original cont of the same, on brick or stone building' !2 per cent, on a reinforced concrete IVj per cent and on a steel frame building covered with iron l'/a per cent on tho cost of the steel framo only, and any other expenses reasonably incurred in tho production of the income. Rural Grower.—lt is a trespass to enter another person's property and gather mushrooms. Trespass is in general a civil wrong. The trespasser will be penalised in damages. T.M.C.—The better opinion appears to be that tho placing of an article in a shop window with its prico marked on it is merely an invitation to treat and not an offer to sell, which can be accepted by entering the shop and tendering tho price. In other words until the shopkeeper actually agrees to accept the prico ho is not bound to do so. H.S., Mt. Albert.—The reduction effected by the National .Expenditure .Adjustment Act, 1032, was made permanent in 1036 by tho Mortgagors' and Lessees' Rehabilitation Act. The only way in which you can get an increase in tho rent is by applying to the Court. Insurance.—(a) Thero is no obligation on an employer to insure against claims under the Workers' Compensation Act. It Is a matter of prudence. By (he 1030 Amendment, "sharefarmer" has been included in tho definition of "worker" and in the cent of an accident arising out of and in tho course of his employment a sharefarmer can claim compensation for incapacity resulting from such accident, (b) Your claim will be two-thirds of your wages during incapacity. (c) Your employer is not entitled to deduct any amount from your remuneration for insurance under tho Act rnlcss you specifically agree, (d) A sharefarmer who employs labour !o assist him is in the same position as an employer in tLcsis matters. Customer.—ln tho absence of agreement to tho contrary a merchant or a shopkeeper cannot charge a booking fee on accounts. Puzzled.—lf a lump sum is paid to you for compensation under the Workers' Compensation Act it will be 15 per cent of the present value as for total incapacity. Tho payments for incapacity are two-thirds of your wages or X'2 a week, whichever is the larger, with a limit of X-l 10s a week. Weekly earnings are assessed at the ordinary rate of pay for the work in which a worker was employed at tho time of the accident. You appear to be receiving the correct compensation. Possession.—A landlord is not entitled as of right to demand that a tenant allow prospective purchasers to inspect. Ah a matter of courtesy it is generally allowed, if you bona fido requiro possession of tho property for yourself this would bo a ground under the Fair Rents Act. Since you are trying to sell the property it docs not appear that you would be bona fide. Concerned.—By tho Agricultural Workers Act suitable accommodation must bo provided for workers. It further provides that workers who have complaints may mako them to inspectors of factories. An. employer is not entitled to discharge a worker for tho sole reason that such a complaint has been made. Curious.—The award wago In tho Auckland district for shot firers is 2s lid an hour; all other quarry workers 2s 4d an hour. Thero is no provision in tho award for' "dirt money." Bach Owner.—lif the bach was let b.efore I June 11, 103i3, the date of the coming] into operation of the Fair Kenls Act. it will come under that Act notwithstanding the fact that it is furnished. You will not bo able to obtain possession from tenants who ilook the place subsequent to the passing of the Act, even though they may have specifically agreed to vacate on a certain date. Seeker.—Subject to tho statutory restrictions an employer and employee can make their own bargain. The terms of such bargain may be implied from a course of conduct, but the implication must bo reasonably necessary. In your caso it appears that the firm hail made a practice of granting an annual holiday on full pay. Therefore they cannot discontinue tho practice without reasonable notice. Auto.—ln effect you would be acting as a carrier and unless your district is exempted you would requiro a liconco from the Transport Department. It makes no difference whether you or someone else drives tho truck. Honesty.—lf you are eligible you should apply for tho old-age pension and not for sustenance. You nro Qualified as to age and the fact that you own your own houso will not debar you. You can also have money or liquid assets up to X'oOO. Sustcnanco is primarily intended for those who can work hut for whom work cannot, be procured, but in practico tho scope is enlarged. In Doubt. —The Order-in-Council extending tho Agricultural Workers Act to sheep farms provides that, workers arc entitled to 18 days' holiday on full money wage paid. You receive ",17s Gd a week in addition to your wages in lieu of board. This would be included in your money wage and you would be entitled to bo paid it during your holidays. Thanks.—lf the dealer had in efToct entered into a new contract with your mato allowing him to take over tho bicycle and the terms, you would have been released, but this has not been dono and notwithstanding tho fact that your mate has left the district and taken the bicycle you still remain liable for payments. Stanboroufc-h. —The whole matter is one of proof, in other words evidence. Claims against a deceased person's estate must be more strictly proved than against living persons who have fin opportunity to deny them and state their case. If the case depends entirely on your own evidence you might havo difficulty in discharging the onus of proof and recovering the heirloom from your deceased sister's estate, but you should be able to get some corroborative evidence. The case would havo to be heard in the Court nearest tho proper defendant's place of residence, but cvidcnco can be taken in Auckland. Puzzled. —Your tenancy of tho property can be determined by one month's notico in writing unless you can show that, tho Fair Rents Act. applies, in which caso possession could only be obtained upon ono of the grounds set out in that Act. Your difficulty would bo to bring yourself within tho definition of "dwelling house" under the Act. "Dwelling house" does not includo any land other than the site of tho dwelling house and garden or other premises in connection therewith. Hero you appear to rent a small farm, in which caso tho Act does not apply. Borer —It appears that the rooms were let on the condition that thero was no borer. It appears also that there is tho borer. If the condition is material and in my opinion it is having regard to tho dumage that may be done to furniture, tho proposed tenant is entitled to refuso to take tho room and to demand his deposit back. The fact that tho representation as to borer was innocent makes no difference to this. Itistice. —The agreement does not need to bo in writing. If you can prov* the terms of tho contract it appears clear that your prospective employer has broken them and vou aro therefore entitled to claim damages which in this case, would bo compensation at a reasonable rate of remuneration for tho poriod you were kept waiting for him to supply you with tho materials required to do tho work. "2 or 3." —Any person producing a birth certificate must identify himself with the same. It does not matter if your husband has been miscalled so long as ho can prove (hat he is the person named in tho birth certificate. Farmer Jack.—lt may he that there was negligenco on the part of Bill but it also appears that if that is so there was contributory negligence on the part of Jack, in which caso he cannot recover. Aclionablo negligence briefly stated is a breach of a duty to take care. It is difficult to say what duty Bill was under in connection with this matter. Jack appears to havo been 3, purely voluntary participant. Costs,—lf you havo obtained judgment you cam issue execution against the debtor's assets except furniture, tools of trade and personal clothing up to .€">o. You can also attach any debts duo to him. You can also issue a judgment summons when lie will be called before the Court and examined as to his financial position and a magistrate may order him to pay tho debt either in ono sum or by instalments or commit him to prison.