LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 23160, 5 October 1938, Page 8

LEGAL INQUIRIES

MANY PKOBLEMS. SOLVED

This column appears each Wednesflay. 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 question? to "Advocatus," care of Editor, New■ Zealand Hehald, Auckland, and enclose name and address ns guarantee of good faith. Postal box numbers are not accepted as bona fide addresses. Initials or n; pseudonym, must also be given foxpurposes of reference in the column. G.C.—The general rule is that anything permanently affixed to land becomes tho property of the owner of the land. "This rule may be negatived by agreement; .or. by the method of affixing and manifesting an intention of removal, e.g., when_ a ehed is built 011 runners. The method that you suggest does not manifest that intention, and your only safe course would be to have an agreement with your landlord. "Ignorant."—ln the absence of special agreement to the contrary with your landlady, you ar«i entitled to make a garden on the premises let to you, provided ypu do no damage to, existing lawn or other cultivation. You are not entitled to refuse to pay rent because your landlady forbids you to. make a garden, and if you adopt this attitude she i may be entitled to recover possession on the grounds of failure to pay rent. Time Payment.—Although contracts for the sale of goods over £lO must be in writing, thete are excetpions. For instance, if something is paid by way of, earnest, or deposit, which is the case here, the contract need not be in writing and can be enforced. Your' difficulty, however, is that the contract is with an infant, is not for a necessary, and is therefore voidable at the infant's option. The infant can not only "refuse to perform the contract, but also can claim back any money he has paid under it. , Clyde.—The Fencing Act provides that any notice may be served either personally or by leaving the same at or posting the „• same .in a registered letter addrssed to the person's last known place of abode or business in J\ T ew Zealand. If the person refusesfto accept a registered letter, the service nevertheless will be effective. The only difficulty will be ono of proof.' S.R.F. —You can require your wife to return to you. If "she refuse? you CUU Institute proceedings for restjtution of conjugal rights. If an order is made and she dis- >= obeys it, you can commence proceedings for divorce. Your best course Is to consult a solicitor immediately

"Townspnd."—With your neighbour s permission, you were, of courses entitled to cut back the branches, but you were not entitled to retain branches if your neighbour required thenr. Since you nave, precluded yourself~-from handing the timber to him, ' he lis entitled to claim its value. , "Pixie."—You should write to the Pensions Department, explaining that you are unable to t call for., your pension owing to illness and requesting them to.-hold it until next mofith. . " L.M.S.—The answer must depend on whether the Fair Rents . Act applies or not. ' If the building was originally erected to be let as'more than two flats, the Fair Rents Act-does not apply and your landlady is entitled, to give you notice and require possession. If there are only two flats, or it 'is a converted house, presumably the Fair Rents Act \will apply, in which case your landlady can claim possession only on one .of the grounds set out under

the Act. f • , "Anxious."—Upon' ttoe. expiration of three years' separation under the Court s order, either party will be entitled to petition for a divorce. In fact, both parties can petition and the Court will decide upon which petition it will act, which will denend upon the merits of the petitioners, lour . wife could, if she wished. raise the defence that the separation was caused by your wrongful conduct, and if she satisfied the Court that this was so. the Court would •- refuse to grant your petition. T.A.V:—If the unimproved value of all the land that you own does not exceed £SOO you will not be liable for land tax. M.D.W.—B.v ft comparatively recent .amendment a' "share-farmer" or share-milker is now included in the definition of worker '• under the Workers' Compensation Act, and • consequently the owner of the farm who employs such share-milker is liable ta compensate him .for any accident which arises ' out of and in the course of such sharemilker's employment. An agreement between the share-milker and the farm owner , that the share-milker will insure himse.f aeainst -accident is valid unless the effect of it is to the share-milker 8 remuneration below the minimum as specified by the statutory, terms for share-milking atrreements- The clause that the agreement may. be terminated unort the sale of the farm is valid. You have agreed to the amount of compensation; you are bound ny this azroempnt. The other agreements you mention are bindintr unless you can show that they conflict with the statutory terms. The written agreement is binding on both parties, since they are working under it, even though one of them has not signed it. K.A,M. : —A civil servant is deemed to forfeit his office if he becomes bankrupt, unless he proves to the satisfaction of the Commissioner that his pecuniary embarrassment has hot been Caused or attended b.v any fraud, extravagance or dishonourable - conduct. ~ C.E.N.—In the first place, it Js offence if thj»re is any "sale" of Hqnor. The word "gale" has received a wide interpretation, and if the supply of liquor form; any part of the entertainment, and - if. .any charge is made for the entertainment, # there jv will be a "sale" and an offence will be committed. It •" is not ani offence for any person other than the holder of - a licence to "crive" liquor to a person under the 0f3'21 years. If an offence is committed the -committee of the social entertainment will be personally liable. '.5

'Farmer."—jbresumahlv yon have an agreement with your nelshbour both as to fencing and as to drainage. Tf this is so. you can agreement,' you must, eivej. the ~ appropriate fencing notice to have the fences put In order. YOll will have to pay your own solicitor's fees except where you go to Court, when, if yon are successful, the? "magistrate will award .von Court costs.

"Fair Play."—A husband must maintain his wife and children, but there is no rule that he must, hand over to his wife an,v,l»necified sum or .proportion of his earnings. The Standard of maintenance will depend upon the financial position of the husband and the circumstances srenerally. Maintenance would include reasonable necessities for the wife and children. haywg_ regard to their station in life and the. financial position of the husband. It might well . include a reasonable amount of pocket • money and entertainment "Anxious." —The matters .von mention will in the main be dealt, with by the'under-, rate permit itself The amount and type of work done hv a worker on'a farm Is a matter of agreement between himself and t his employer. Tf they cannot airrefc. the only ' remedy is to terminate the employment. • Puzzled.—The Post and Telegraph JDepartU ment-can compel yon to rut back your hedge or trees from telephone wires. Since the unimproved value of your*farm is less than £f»ono yon do not'need to pay Income tax on your Income from the farm; It' is npt, necessary for you to make a re- ■ turn unless you have Income from outside j.'snnrcM. • ;+v.' f- '■■■; X/- v-' family allowance Is at : present mad* where the income of the family exceeds «-t a week. Under the Social Security Act. which may come into force on April 1. 1030. this amotfnt Is increased ,to £fi a week. . . ■ 1 , • 1 t ' r t . Perblexedi—ln the case of a married man the invalidity pension is £1 per week Increased by ins for, his. wife and for each child under the ago of 1/i years dependent nnon him. If the income of the married "pitir exceeds jClo4'per annum, £1 for earh £1 in excess of that amount is taken off the pension. If the Social Security Act comes into force on April 1. ln.H), thp amount of the pension will be increased hjjr 10s a week. Motor-Cycle.—l. This depends on whether there Is a hire-purchase iitrrpcment, or not. If there Is. the (feller of the article can Brfilze the same for non-payment of part of the 'purchase price If there I* no such agreement, the seller must proceed in tho ordinary way to obtain judgment and Issue execution against the article, if he wishes lo seize It. 2. In .general, contracts made by an infan.t. i.e., a nerson under the atre of 21 years', are voidable at the Infants » option.' Such lnfa'nt's parents, however, cannot void the contract. ■ Anxious —On'the facts as given by you .vou could claim maintenance from your husband. If the Court was satisfied that it would be in the best interests of the child / the Court would give you- custody of the child. fjost.—The carrier would be responsible At there has been negligence on his part. On the face of it, It would appear that there has been negligence, and It would he for him to explain the loss of the articles.in question, , and also the. damage done to the other article. If he cannot do this you could claim the value of such articles invalid.—Where a person is in receipt of a pension under the Pensions Act and is also in a charitable Institution, either the whole or part of the pension may be paid to such charitable institution. O.N;p.i—An'applicant for the old age pen- < ' slon may have up to £6OO value liquid , assets, Including cash or money in the bank, before the pension is affected. R.B.R.t,.—You would require a y: llcence i for the class of trade that you detail. A licence would. not he granted unV fi 9 * / ou i certain accommodation ® v . en J ' ou were willing to WOuld bß ' to - acaulre an