LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 23017, 20 April 1938, Page 20

LEGAL INQUIRIES

MANY PROBLEMS SOLVED This column appears each Wednesday. Care will be taken to ensure that tht 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. Itotorua.—You can cut tlio branches of the trees which overhang your property back to the boundary line. The trees may be a nuisance at common law if the overhanging branches actually cause you material damage in which case you can sue for damages and abatement of the nuisance. Income. —Where a house is earning income certain deductions may bo made from that income for income tax purposes. You may deduct rates insurance, 3 per cent on the building cost, and any actual repairs that you have paid, this latter to include the cost of painting. T.O.H.—The Fair Rents Act is binding on the Crown and if that Act applies to your tenancy your rent cannot be raised without an order by a magistrate. A magistrate in arriving at a fair rent takes into consideration (he capital value and may allow from -1 to 6 per cent on the capital value, rates, insurance, repairs, and any depreciation. Share-milker—The standard terms and conditions of share-milking agreements (applicable only in cases where the farm owner provides the herd), as settled on behalf of the New Zealand Farmers' Union and the New Zealand Workers 1 Industrial Union, are set out in the schedule to the Share-milking Agreements Act. 10?;. passed on March J5, 1038, a copy of which Act can be obtained from the Government printer, Wellington. Householder.—The tenant of rooms is not liable to pay for storage of goods in the basement unless he has agreed to do so. On the other hand, ho is not entitled to store the goods in the basement unless the landlord has agreed to their being stored there. Iji other words, the matter is one of agreement between you and the tenant. Annoyed.—lf tho hedge on the boundary is treated as a fence it is sub.iect to the provisions of the Fencing Act and you may call on your neighbour to pay half the cost of keeping it in order by giving the appropriate notice. If there is a dispute it will be referred to a magistrate and settled by him. Perplexed.—A sharo-milker, that is to say, one who milks and looks after a farm under a contract, and not as a servant or employee, does not pay wages tax, but pays the employment charge oil the total net profit he makes out of the contract. Wages paid to anyone other than the contractor would be deducted. If he actually pays bis wife wages and this is a bona fide arrangement he could deduct the amount he pays her. Anxious—The landlord, if he wishes to dispossess you, and since the Fair Rents Act applies, must prove either that there is other adequate and suitable accommodation available or that the hardship caused to him by refusal of an order for possession would exceed the hardship of yourself if an order was made. Other accommodation must be reasonably suitable to the needs of the tenant and his family as regards proximity to the place of work and similar as regards rental and accommodation to that afforded by dwelling houses provided in the neighbourhood by any housing authority lor persons whose needs are similar to those of the tenant. Safeguard.—The insurance company ttill either replace the furniture or pay Its value to ttie amount set out in the policy. The amount owing under the hire purchase agreement as at the date of any fire will be paid to the vendor of the goods and you will be entitled to the balance. If the amount of the insurance is insufficient you can take out a further policy, but you must disclose the existence of the other policy to the company. There would be an additional advantage to you in that the additional policy taken out by you could cover furniture which was not included in the hire purchase agreement. Abe. —The Court's order as to custody was an interim order only. It is open lor any party lo make further application to the Court relating lo the custody of tho child. The Court has ample jurisdiction to give the custody of the child to the father, the mother, tho grandfather or to any other person, but it will only do so if it is in the best interests of Ihe child, which are cfeemcd to be paramount. Other things being equal the rights and merits of the parents will.be considered. The divorce will only become complete as from the dato of the granting of the decree absolute. The decree nisi does not become absolute automatically. Application must be made to the Court after the expiration of three months to have it made absolute. Boner.—(l) The exemption for children In respect of income tax in allowed irrespective of the amount of income. (2) A farmer, the unimproved value of whose land is more than £3OOO, is liable for income tax. (3) Land tax is payable on unimproved value over £500,, but there is an exemption of the amount of any mortgage up to £7500. Over £7oOO the exemption is decreased by £2 for ever £1 of unimproved value in excess of £7500. K.K.K.—If the furniture in the house belongs to a man he can dispose of the same in any way he likes without consulting his wife. Toiler.—The Fair Rents Act does not apply to farm properties Therefore the ordinary rules relative to landlord and tenant will govern the matter. The terms of your lease will be the determining factor. If you can prove that the landlord agreed to do certain work and has not don© so you can claim damages. If you are in arrears with your rent and are threatened with forfeiture you can apply in the appropriate form for relief against forfeiture. You snould see a solicitor. Perplexed.—Your best course would bo to regularise the use of the surname which you have adopted by registering a Deeds Poll in the Supreme Court nearest your place of residence. The cost would be about €3. \ou can get married in your assumed name and the validity of the marriage will not be affected. You will not in general be asked to produce your birth certificate for the purpose of showing what your age Is, but you will in certain instances have to produce cogent proof of your age. A declaration of your ago will be sufficient when you are about lo get married provided the person officiating at the marriage has no reason to believe that you are not under the age of 21 years. You can make your will in the name by which you are generally known, but as a precautionary measure it would be as well to recite in your will tho true position with regard to your name. Anxious.—lf the husband died of his accepted war disability a war widow's pension would be payable at the rate oit 40s a week plus 10s a week for each chitd under 1(5 years of age irrespective of means. Application requires to be made to the Pensions Department. If the husband did not die of war disability it is open to the widow to apply for a civil widow's pension, the rale of which for a widow with two children under the ago of 1G is "£lO4 less the amount of any income in excess of £7S per annum. Uncertain.—Whore both husband and wife apply for the old-age pension each is allowed an exemption far property in his or her name up to £SOO. Properly in this connection means liquid assets, including money in the bank. If the whole of the liquid assets belong to one only one exemption of £SOO will be allowed. Puzzled.—Whero the parents of an illegitimate child subsequently marry they can legitimatise the child by making a declaration in the form provided by the registrar of births, deaths and marriages. At one time they could not legitimate the child if there was any bar to tho marriage at the time of the child's birth. This restriction has now been abolished. Interested. —The terms of the share-milkers agroement provided by the recent Sharemilkers Act are the minimum terms. They apply, however, only in cases whore the farm owner provides the herd. Tho farm owner and the share-milker are at liberty to agree upon better terms. Returned Soldier. — ; Any person being the parent of two or more children under the age of 15 years dependent upon him or her may apply for a family allowance. The allowance is at the rate of 2s for every child in excess of two, providing that the average weekly income of the family from all sources, including any allowance under the Act shall not exceed £1 togother with 2s for each child of the applii/hnt in excess of two. An amendment increasing the amount per week to 4s and the average weekly income to £5 is at the time of writing under consideration by the Government. orb Your son being employed upon "dairv farm is entitled to seven days holiday for every 12 weeks that he has worked Since he has worked 19 weeks ho will therefore be entitled to one week and four days' holidays, in other words ll days holiday, pay at the rate of 18s 6d per week, plus 8s f)d board allowance, a total of approximately £2 Is. Transfer.—The cost of transferring the property to votir daughter will be approximately £lB There may be additional cost, dependent upon the terms; of the existing mortgage. In this estimate no allowance has been made for gift doty. There appears to be no element of gift in the transaction and in any case you are entitled to give away in any one year a total of £SOO free from gift duty.