LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 23058, 8 June 1938, Page 7

LEGAL INQUIRIES

QUESTIONS ANSWERED MANY 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 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. Worried.—Beneficiaries in a deceased person's estate are entitled to be supplied with reasonable accounts and information at reasonable times. Accounts should be mado up at least once a year. Mutiny.—■ Where tho property mortgaged is earning income, interest on such mort',c deducted from t"he income both for income purposes and the employment charge. A soldier's widow's pension is not liablo for the employment charge. Adjustment.—; Under tho Mortgagors and Lessees Rehabilitation Act there is a special method provided for the valuing of farms. ■ 'Fj J o ' ess ential that such valuation should bo made by a registered land valuer, but it must bo made by a competent valuor who can justify his valuation. There is no scale of valuation fees applicable in matters of this sort. There is a scale of fees to bo charged by mortgagor's solicitors, which varies with the amounts involved. Widow.—A woman in receipt of a dependant pension under the War Pensions Act, 1915, in respect of the total disablement of her husband, is exempt from payment of the charge on incomo other than salary or wages. Correct.—-The invalidity pension is only granted to persons totally incapacitated for work. It follows, therefore, that if the inva id can earn money, he or she is not entitled to tho pension. Apart from this there is a restriction on tho amount of income an invalidity pensioner can havo. In the case of single pensioners the limit is £52 per annum. In the case of married pensioners, tlioy may havo up to £lO4 per annum. Worried.—lt is provided by Section 26 s of the Dogs Registration Act that the owner or the agent of the owner of any cattle °r sheep, or any servant or person ein"ployed by such owner or destroy any dog running at large among such cattle or sheep. If the abovo applies, you can recover nothing for your dog. Moana—Dividends from New Zealand companies are exempt from incomo tax insofar as tho shareholder Is concerned. Fair.-—Subject to any agreement, expressed or implied, partners are entitled to share equally in the profits and assets of tho • m i.i e possible that an agreement might be inferred from your accounts or course of dealing. You should consult a solicitor, who will sift the evidence and advise you. Waiting. If the Fair Rents Act is in force at the expiration of your tenancy, it will apply. At present the Fair Rents Act expires on September 30, 103 S. B.W. You can take proceedings against y° u r. husband for maintenance notwithstanding the fact that he is living in Australia. Your best course would bo to consult a solicitor. Farm Worker.—Under tho Agricultural Workers Act and its regulations the statu- • WW for agricultural workers is:— (a) On farms, £2 5s a week, with board, or 1/s 6d; (b) in orchards, for managers, £4 a week, others, £3 IGs, reduced by 17s (>d if board is provided. Tho statutory holidays are:—(a) On dairy farms, 7 days for each 12 weeks worked. If more than four weeks is worked, a proportionate holiday is allowed for the broken period, (b) On agricultural or pastoral, farms, 18 davs' holiday upon tho completion of 12 months' continuous service. If more than three months is worked, a proportionate holiday is allowed for the broken period, (c) In orchards, Christmas Day. Boxing Day, Now Year's Day, Good Friday, Anzac Day, the Sovereign's Birthday, Labour Day. picnic day, or one day in lieu thereof, plus one week after 12 months' continuous employment. If more than three months is worked a proportionate holiday is allowed for the brolten period. H.R.B.—See answer to "Farm Worker." Taxpayer No. 2.—lf the unimproved value of your farm is £3OOO or more, you will be liable for income tax, if your income from all sources exceeds £2lO per annum. If the unimproved value had been £2099 you would not be liable to income tax. R.H.T. —You can deduct depreciation -only on buildings used in the production • of the income. If the building has not beea so used for the full income year, you can deduct only a proportionate part of the allowance, M.C.—The statutory scale of wages for dairy fiym workers under 21 years of age is as follows: —Workers under the age of 17 years, 18s 6d per week; under the age of 18 years, 21s per week; under the age of 19 years, 295; under 20 years, 34s Gd; under 21 years, 39s 6d. In each case board must be provided, or 17s 6d per week added to tho above scale. T.K. —An alien (not being an enemy alien) cannot be elected a member of a local authority, but may vote at the elections provided he has the usual qualifications. The usual qualifications are sufficiently set out on the form you have. T.O.M. —Casual labour on a farm is paid at the rate of Is Sd an hour, found, or 2s an hour not found. It makes no difference if the worker is a Maori. An employer of labour is entitled to reasonable notice from the worker if the worker wishes to terminate his employment. What is reasonable notice depends upon the type of work and the circumstances. If the worker leaves without notice, the employer could claim any damages he suffors by reason of the lack of notice. J.S.H.—A master Is liablo for the negligence of his servant in carrying out any acts which fall within the scope of the servant's employment. In your case, if the servant was authorised to light fires, and the same spread on to your property, doing damage, tho master will be liablo to make good such damage. S.R.—The rulo is that a debtor must seek out and pay his creditor. This rule is. of course, subject to reasonable exceptions. It is also subject to any specific agreement between the parties. You would require to give further facts before a more specific answer could be given. J.F.G. —1. Land tax is not anportionable. The owner of the land, as at March 31 in each year, must pay the full amount. Therefore, if you havo purchased after March 31, you are not liable for any part of the tax, and it should be paid by the vendor. Land tax, however, may become a i charge on tho land, and» in ordor to free the land from this charge you might have to pay the tax. In that case you would be entitled to recover from tho vendor. 2. As to who pays exchange on cheques depends upon the placo of payment being within tho debtor's banking district, or within the creditor's. Worried Widow.—A widow with one or more children /undor the ago of 15 dependent upon her Is entitled to tho widow's pension. There is no deduction in respect to property. She may havo up to £7B a year income beforo the pension will be affected. Where there are threo children, the pension is £l3O pr annum. I.E.R.—Your mother will not be entitled to the old age pension while she is out of New Zealand. If sho returns to New Zealand and lives here for one year, sho would qualify. Sweep Fan.—Winnings from art unions aro not subjedt to income tax or tho unemployment charge. Forestry, Rotorua.—Every innkeeper who fails or refuses cither personally or through anyone acting on his behalf, except for some valid reason, lo supply lodging, meals, or accommodation lo travellers, is liable for each offence, to a fine not exceeding £IQ, In popular language, one who keeps a public house must entertain tho travelling public, and has no right, without some valid reason, to pick and choose his guests. The above, however, applies only to travellers. A publican is under no such obligation to others. North.—You can impound tho pigs and charge the special trespass rate allowed by tho Impounding Act. There is a moro drastic remedy. The occupier of any fence land in artificial grass or under cultivation may destroy any pigs trespassing upon such land. He must notify the owner within 24 hours and bury the carcase if it is not claimed within <lB hours. Wairoa.—lf the share-milkers have made a substantial failure in tho performance of their agreement, you can treat it as terminated by breach, and sue for any damages you may have suffered. The statutory terms will be imported into tho share-milking agreement if it continues, as from August 1, 1038. Inquirer.—lf a husband and wife buy a house in their joint names, neither party can deal with the house without the cooperation of the other, unless there is somo agreement or deed between them to tho contrary. Considerate. —By tho Fencing Act trees may not be planted on or alongside tho boundary without the written consent of the adjoining occupier.' It has been held that trees planted one foot away from tho boundary aro not on or alongside. E.L. —The qualifying ago for old age pensioners is: Female, 60 years of age; male, 65 years, reduced in each case if tho applicant is the parent of two or moro children under the age of 15 years, dependent upon such applicant. Since you were resident in New Zealand on the passing of the Pensions Amendmct Act (March 15, 1038), 10 years continuous residence in New Zealand is sufficient. Integrity.—Since the income of neither your sister nor yourself exceeds £SO from all sources, you need not make any return for the employment charge. The amounts you havo drawn from the business aro not wages, and aro therefore not liable to tho wages tax. : ,"f '

Taken In.—lf your purchase of the farm was recent, you can either repudiate the contract or claim compensation for the misrepresentation. Uncertain.—On account of yoyr pension you are totaly exempt from both the levy and employment charge. You need, therefore, fill in no form in respect to your income. Dutch.—Your best course is to put the whole mattor beforo the commissioner of pensions. It would appear that in any event you will bo entitled to some invalidity pension. But it may be that the commissioner of pensions will agree fo tho disposal of the proceeds of the sale of the farm and stock in the manner you set out without your pension being affected. Melon.—The purchaser had notice of tho arrangement with your neighbours, as to the telephone wires and poles. In so far as such arrangement constitutes a valid and binding agreement, he is bound. If. however, it is a vague and indefinite arrangement, he will not bo bound, or, at the most, ho can terminate it by giving proper notice. G.M., Rotorua.—The landlord is under no obligation to repair premises let unless he has specifically agreed to keep them in repair. Therefore your landlord is under no obligation to rebuild the copper, and you would not be entitled to huve this work done and deduct the costs from the rent.

Anxious.—When the lease of the business' premises expires, you can enter into possession and run a similar business. You will, however, not be entitled to any goodwill that the lessee (tenant) has accrued, except in so far as it attaches to the premises. In other words, the tenant can start opposite, and carry on the same business, and you cannot restrict him. Can't Pay It.—Since you have been making payments on account from time to time, tho debt is ■ kept alive and will not ba statute barred by the expiration of six years from the dato it was incurred. Your creditor is entitled to sue and obtain judgment for the balance amount owing. If he obtains judgment, he can issue execution against your assets other than furnituro, tools of trado, clothing, etc., up to • the value of £SO. He can also issue a judgment summons, but it will bo necessary for him to prove that after allowing for the reasonable maintenance of yourself and family, you have had sufficient money to pay the judgment debt. Your best courso is to get in touch with him and endeavour to come to somo arrangement for payment by instalments. An Old Timer.—Unless you have other assets you will bo entitled to the full old-ago pension. Grateful Heart.-;; —Your son, being of full ago, can change his name formally by executing a deeds poll registered in the Supreme Court. The approximate cost would be £5. Collector.—The onus of proof is on the creditor claiming payment of the cheques. He must satisfy a Court that the debt has actually been incurred. A creditor can sue ;or any amount, no matter how small. Jhe Court, howerever, will dismiss actions which are trivial or frivolous. No fees are allowed to the solicitor for the creditor on amounts under £2. Dairyman.—You will be entitled to holiday on your full money wage, plus Ss 9d per week board allowance. Your wife will be entitled to the statutory adult wage for dairy farm workers, namely £2 5s a week, plus board or 17s (id per week in lieu thereof for those weeks during which she was engaged in milking. Your employer is liable to pay her this. The worker whoso place sho took through his illness must make his own arrangement with the employer. Puzzled Farmer.—lt is the practice of the incomo Tax Department to make an allowance for depreciation on motor-lorries and trucks of J 5 per cent in the case of heavy vehicles, and 10 per cent in tho caso of light vehicles. Kimi.- There ij. no general Government maternity bonus. A bonus is pavable to contributors to the National Provident und, and also a bonus may be payable to contributors or members of friendly a societies. Apart from this I know of no maternity bonus. ' • Returned Soldier.—The receipt of a war pension does not debar an applicant from the old-age pension, but such war pension will be taken into consideration in assessing the income of the applicant for tho old-age pension. A.L.O.—In general, an executor has a year after the date of the death of the testator in which to make payment of legacy. If there is insufficient money in the estate to pay a legacy, and the executor is given a general power of postponement of realisation or sale of other assets, this period may be extended. If there are contingent claims an executor must keep in hand sufficient of the estate to meet such continued claims. Doubtful.—lt is unnecessary to stamp a receipt for wages. Share-milker.—The statutory wages for agricultural workers are as follows:—Up to the ago of 17, 18s 6d a week; to 18, 245; to , 19, 295; to 20, 34s 6d; to 21, 39s 6d; over 21, £2 ss. In each case the worker is entitled to board or an allowance of 17s 6d per week. Casual.—The owner of the room that you used is entitled to reasonable notice. In your case, at least a week. Extra.—lf you give your dairy worker two complete days holiday a month, during which he does no milking, he will be entitled to only a further four days' holiday at the end of the year. Since yon pay him 17s (id a week in lieu of board you will not be called upon to make him the allowance of 8s 9d a week board allowance in addition to the wages be receives. Enquired.—Where premises are let an allowance for depreciation can be claimed, in arriving at tho not incomo from such premises for income tax purposes. In the caso of a wooden building, the allowance is 3 per cent on the original cost. In the case of a brick, stone or concrete building, 2 per cent, and in tho case of a reinforced concrete building, iy a 'per cent. W.R.C. —Women receive an exemption up to £SO of their income for the unemployment charge. Women over 60, men over 65, whoso income from all sources does not exceed £lO4 per annum, are exempt from the employment charge. I.G. —You are mistaken. If an old-age pen sionor is single, £1 for every £1 of in come iia excess of £52 will be deducted from the pension. You are contusing this with another redaction. One pound foi every £lO over £SOO worth of liquid assets owned by the pensioner is deducted from the pension. Anxious.—lt is not illegal for you to play cards with your friends in your own homo for money. It follows, therefore, that it cannot be illegal for you to write your friends, asking them to your home for that purpose. DT. —(1) The publishing firm waived its notice to the effect that they would stop forwarding copies, by continuing to forward the Same. This has the effect of putting the onus on you to give them notice, requiring them to stop supplying, if you wish to remain no longer liable for payment. (2) So long as the old lady's liquid assets do not exceed £SOO her pension will not be affected. C.J.A. —Since you are entitled to an exemption on account of your wife of £6O, you will not •lie liablo for income tax in New Zealand. C.H.A. —You will bo assessable for Income tax on your profits from the contract, if they exceed, together with any other income you have, £2lO per aqnum. This, of courso, is.subject to any special exemptions you may have. If you aro given a free houso as part of your contract, this will bo assessed at a monetary value and included as part of your tncome. Curious. —Neither a farmer or anyone else is entitled to deduct the cost of household goods, or the freight thereon, from his incomo for incomo tax purposes, or for the employment charge. Nostik. —You are each entitled to £2 8s a week, plus board, or 17s <Jd a week in lieu thereof. You are entitled to seven days' holiday for every 12 weeks that you work. No dairy farm worker can contract himself out of the benefits of the Agricultural Workers Act. The agreement, therefore, that you have signed is not binding on you. Winter.—(See answer to Nostik.) Daughter (City).—Your mother, by holding herself as tho owner of tho business, has probably mado herself personally liable for the accounts, Sho would, however, have a right of recourse against the real owner of tho business, for whom sho was running it. Tho sewing machine is prima facio hers, and it would be necessary for tho man to prove some agreement or arrangement whereby it was to bo his. It does not appear that ho can prove any such agreement or arrangement. E,B.—Tho contractor has made a mistake of fact, and can correct tho same and recover tho difference. If It had been a mistake of law, he would not have been entitled to recover. Daisy.—For wages tax purposes the value of a farm employee's board is fixed at 15s a week. Evergreen.—Your best course is to communi- • cato with tho Inspector of Noxious Wcads. Gorse is certainly a noxious weed. Income.—A widower is entitled to an exemption up to £SO from his income for incomo tax purposes, whore he employs n housekeeper. Tho fact that the housekeeper is his daughter does not affect his right to this exemption. Thoro is no such exemption in regard to the employment charge. A.E.R.—Tho Agricultural Workers Act came into forco on October 1, 1036. From that (late farmers were obliged to keep a wages book. Tho wages book must set out tho names and ages of the workers, tho days employed, what allowance, if any, is made for board, tho wages paid, and the holidays. Prior to this Act it was necessary for farmers to keep a record of wages pa»d for tho purpose of wages tax, but this has nothing to do with the Labour Department.