LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 23124, 24 August 1938, Page 22

LEGAL INQUIRIES

MANY 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 underd taken for the advice or information d Send questions to "Advocatus," care ol Editor, New Zealand Heiiald, Aucki. land, and enclose name and address as \\ guarantee of good faith. Postal bo> numbers are not accepted as bona fide addresses. Initials or a pseudonym must also be given for purposes of reference r, in the column. " W.H.N. —If a poll of electors has beer taken, the statutory closing day as voted shall remain the closing day until anothei 8 poll of electors is taken, such poll to bt s taken at the time of the general election ; of the local authority. 3 Bushmcre.—Regulations have been made :■ under the Primary Produce Marketing Act, !> 1036, and the Agriculture Emergency Powers Act, 1934, Serial No. 1938-75. II u (ho Minister is satisfied that the majority of producers in any area desire it, then by b notice in the Gazette such area may be n proclaimed, and thereafter no farmer or ; anyone else can legally sell, and no person can purchase any bobby calf raised or pro- ~ duced in that area except through the I agency of the committee established for ' that area. A copy of the regulations can 8 bo obtained from the Government Printer, '• Wellington. 3 Farm Hand.—Wages of dairy farm workers are fixed from time to time, no doubt to some degree in relation to the price of 1 butter-fat. They do not, however, automatically go up or down with the price : of butter-fat. ' Farm Hand.—A dairy farm worker must have been employed continuously for a four- ' weeks' period before ho will be entitled to any holiday. A worker on an agricultural or pastoral farm must have been employed ; for a three-months' poriod. ' Anxious. —Unless you have a child under tho 3 age of 15 years dependent upon you, you • are not entitled to tho widow's pension, > which includes what may be called "tho : deserted wives' pension." A.M.—Death duties in New Zealand are made up of estate duty and succession • duty. The widow of the deceased is entitled to an exemption from estate duty 5 up to £SOOO, and from succession duty up to £IO,OOO. No duty is therefore payable in the case you mention. ' Anxious.—The incessant barking of a clog at night may amount to a nuisance .at common law if it seriously interferes with the sleep of neighbours. If this iR so your remedy would be by way of civil process. You should consult, a solicitor. Pioneer.—See answer to "Bushmere." j Constant Reader.—lt is no defence to an action for debt that you are unable to pay. 1 Your creditor is entitled to obtain judgment. On a judgment summons following • such judgment the magistrate will take into consideration the financial circumstances of tho debtor, and will make such ; or no order as such circumstances warrant. 1 | Smithy.—The mortgagee is not entitled to alter the terms of the mortgage without the consent of the mortgagor. If, how- ; ever, the mortgage is overdue and no adjustment has been made under the Mortgagors and Lessees Rehabilitation Act, the i mortgagee is entitled to call up the money, unless the mortgagor agrees to such conditions as the mortgagee imposes. In that case your remedy would be to refinance ; with some other mortgagee. Disgusted.—Your higher neighbour is not entitled to drain his piggery into the etream. You are entitled to the stream undiminished as to flow and quality. Your neigh--1 hour's action is an infringement of your riparian rights, and you can take the appropriate action to have the infringement stopped. 1 Wondering.—Both butter and milk are exempt "from sales tax. [ Subscriber—The order for the maintenance of the illegitimate child, made in favour of the mother, continues in force notwithstanding the fact that she marries another man. Such marriage may, however, he a ground for the father of the child applying to the Court for cancellation or variation of the order. Perplexed.—The answer to "Subscriber," with the necessary modification, applies to your case. Regular Subscriber. —Since the premises were not originally erected to he let as more than two flats, the Fair Rents Act applies, and the landlord cannot obtain possession except, on one of the grounds provided by the Act. This also applies with regard to the plot of garden, which the landlord agreed to let to you. Anxious.—Now that you have discovered the mistake, you should communicate with the 1 Registrar of Marriages and inform him of the position. ' Printer.—Any person who has any printing press or types for printing shall give to the Registrar of the Supreme Court nearest thereto notice in the form set out in the Second Schedule to Printers and Newspapers Registration Act. The fee is 255. Every person who prints any paper or book for publication or dispersion, whether gratuitously or not, must print thereon his name and address. Sundry exceptions to this arc set out in Section 8. May.—At common law an innkeeper was liable for the loss of the goods of his guests, if such loss happened, otherwise than by the negligence of the guest or "act of God or the King's enemies," he is practically an insurerof the safety of his guests' goods. In New Zealand tho liability of the innkeeper has been considerably reduced by Section 174 of the Licensing Act. which limits it to £3O. except where property has hecn stolen, lost or injured through the willful act, default, or neglect of the licensee or his servant, or where such property has been deposited especially for safe custody with the licensee. It would appear from this that each of you can claim up to £3O. You are liable for board up to the time of the fire. C,S.—The creditor is entitled to sue for the amount of tho account any time within six years of due date of payment. There is no restriction such as you suggest, of 10 months. Domestic. —Your employment lasts until the expiration of tho notice and you are entitled to payment up till that date. H.E. —The man was entitled to demand payment to cover his expenses in proceeding to inspect the farm with a view to lending money on first mortgage thereon. You could have refused to agree to this, but since, instead, you paid him the money, he is entitled to retain it. whether or not the loan is granted, provided he is bona fide and actually does inspect the farm. I cannot tell you how you can ascertain his address. A.M.P. —If the - Pension Department take into consideration the board provided for you as part of your income, it may add up to £2(5 per annum to your income. In that, case you would be entitled to a pension of £32 10s a year. Frankton.—The Fair Rents Act applies to the premises, notwithstanding tho fact that they are let partly furnished. The basic rent is that payable as on May 1, 1938, or, if the premises were not let on May 1, "1036, the rent at which they wcro last let before the passing of the Act, namely, Juno 11, 103(5. The basic rent cannot bo increased without an order from a magistrate. Foolish. —Your position deponds upon the extent of tho selling agent's authority. If ho has exceeded his authority his principal will not be bound, but you will have a remedy for any damages you suffer against the agent. On the facts as stated bv you the act of the agent was within his authority, his principal is bound. Dufv.—Your mother's pension will not be affected by the release of tho mortgage. The costs of the transfer of the section from your mother to you will depend upon the value of the section. If the value is under £SOO no gift duty will be payable. The legal costs should not exceed £5 or £(>. Party.—The players were under no duty to disclose the purpose to which they proposed to put the proceeds from tho presentation of tho play. Thoro was no misrepresentation, and thero is no remedy. Grateful. —A deserted wife, if she has a child or children under the age of 15 years dependent upon her and has exhausted all her remedies against her husband, may apply for the widow's pension. Otherwise she will bo dependent upon her own efforts or her relatives, or charitablo aid. Owner. —Unless the rent of tho houso exceeds £3 a week tho Fnir Rent Act applies and you cannot obtain possession except on one of tho grounds set out in the Act. Anxious. —You will bo liable for tho employment chnrgo on your income over £SO per' annum. Your husband will bo liablo for the charge on the full amount of his net income. In arriving at tho net income 3 per cent on wooden buildings let is allowed on the original cost of wooden buildings. If you are over (50 you would be entitled to the old-age pension, less a small deduction; and *if your husband is over 65 years of age tho same applies to him. For pension purposes no allowance is made for depreciation from income. Hioins. —(1) By tho Statutes Amendment Act, passed March 15, 11)38, no fee is payable in respect of the registration of any "agricultural tractor" which is not used on any road or street except when proceeding to or from a farm. This exemption, however, does not extend to motorlorries, and if a lorry is usod on a road at all it must be registered and the fee paid. (2) This depends on whether there is a drainage easement affecting the land, whether thero is a schemo in force under the Swamp Drainage Act. whether the drains come under tho jurisdiction of a Drainago Board, or whether there is any deed or agreement among tho adjoining occupiers. In tho absence of any of the abovo no party has any right against another, and the remedy of an- aggrieved party would bo to liavo the position dealt with in one of the above ways. The various procedures aro too long to set out in this column, and in any case the services of a solicitor to soarch the title and to completo tho required formalities would be necessary.