LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 23178, 26 October 1938, Page 23

LEGAL INQUIRIES

MANY problems solved

This column appears each Wednesday. Care will be taken to ensure that the l e S guidance is sound and accurate, and as complete as possible on the facts supplied, but 110 responsibility is undertaken for the advice or information. Send questions to " Advocatus," care of Editor, New Zealand Heeai.d, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bora fide addresses. Initials or a pseudonym must also he given for purposes of reference in the column. Excalibur. —Speaking in genera! (hut subject to exceptions) any foreigner can become naturalised in New Zealand. Aliens are not entitled to vote at a Parliamentary election. Aliens are disqualified from holding the office of county councillor. Mortgage. —The mortgage will contain a covenant by the mortgagor to insure the property to its full insurable value in the name of the mortgagee. It will contain a further provision that in the event of destruction by fire the amount of the insurance moneys are to be paid to the mortgagee. The mortgagee will not be entitled to be paid more than the amount of his mortgage, and the balance will go to the mortgagor. There is no practical difficulty. There would be a tripartite settlement between the insurance company, the mortgagee and the mortgagor.

Cowbail. —If t he farm worker is provided with board he will be taxed at 4he rate of 15s a week wages tax for that board. Uicawber.— In a proper case the Adjustment Commission can reduce or cancel the amount secured by a bill of sale over stock.

Anxious Broadwood. —Provided you do not use a boat, you do not need a licence to catch and sell fish. If a boat is used you must register it. You cannot, of course, catch and sell acclimatised fish such as trout or salmon. Sawmill. —Any person desirous of using any river, stream or tidal creeks foi the purpose of timber-floating, may apply to the Couiimssionfr of Crown lands of the land district within which the same is situated for a licence to do so, and the said Commissioner may. with the consent of the Land Board of the ..district, grant such licence, subject to such conditions and stipulations as the board deems expedient, and to the conditions set out in the Act. Any person who floats timber without a licence is liable to a fine not exceeding £5- for every day on which he rafts or floats timber. The conditions set out in the Act are numerous, and your best course would be to obtain a copy of the Act from the Government Printer. Struck Off. —Section 78 of the Electoral Act, 1927, provides that the chief electoral officer may direct an inquiry to be made in such manner as he thinks fit, as to the residential qualifications of all persons whose names appear on the rolls then in force. If v on such inquiry any person whose name', appears on the roll for any district cannot be found, a magistrate, exercising jurisdiction in the district, may order the removal of the name from the roll. It is the duty of every elector to notify any change of address. Anxious. —Only the wages of a workman, over £'2 a week, are capable of being attached by Court order. "Workman" means any one engaged or employed in manual labour or work of any kind, whether paid by time or piecework or at a fixed price, or otherwise. The Court will generally refuse to make an attachment order unless it is satisfied that the workman's earnings are above the usual wage, or that he does not deserve any consideration. Wages cannot be attached before they are due. If you filed in bankruptcy further action on the Judgment would be stopped unless the Bankruptcy Court made some order to the contrary on your application for discharge.

Curious Jga.—Under the Impounding Act "road' includes a street, a public highway (carriage way. bridle path, or footpath), anv public placp where the public tiave general access, all bridges, culverts, bv-ways and cross-roads and private streets, also river-beds and riparian lands, in the occupation or under the control of any local authority. The question is whether the roadway that you refer to comes within this definition. Without having particulars as to the title of the same it is impossible to answer the question. If it is a road within the meaning of the Act, the ponndkeper can impound trespassing cattle. Unless the poundkeeper actually impounded the cattle, he could make no charge.

Anxious W.H. —Unless your net income exceeds £52 per annum, you will be entitled to the full old age pension. You can apply for it immediately and your position under the soclal Security Act will not be jeopardised. If your net incomr' exceeds £52 per annum, £1 for each £1 in excess of £52 will be deducted from your pension.

IR.J. —Under the Social Security Act a married person entitled to an age benefit has gnch benefit reduced by 10s for every complete pound of total Income of the married pair in excess of £52 a year.

At present your income will debar you from any benefit under the Social Security Act. When the superannuation benefits come into force in 1940 each of you will be entitled to £lO a year, which will be increased typ jC2 10s a year, until the total of £79* a year is reached.

Pension. —With regard to "age benefits" which are the equivalent of the old-ape pension under the Social Security Act, the following provision is siade where husbands and wives live apart:—lf the separation is pursuant to a decree of judicial separation, or s separation order, or a deed of separation. then the parties for the purpose of the Act be deemed to be unmarried. Unless the old lady you mention is separa-ted-from her hnsband in one of the above her husband's income will debar her from any age benefit under the Act.

Jlorepork.—Xo person, while in receipt of any benefit under Part 2 of the Social Security Act shall be entitled to receive any other benefit thereunder. Part 2 deals with superannuation benefits, benefits in respect of age, widowhood, orphanhood, family benefits, benefits to invalids, miners benefits. benefits in respect of temporary sickness, of accident, benefits in respect of unemployment, Maori war benefits, and emergency benefits. Presumably applicants will apply for and be granted the benefit which gives them the greatest return.

Inquirer.—The following is an endeavour to summarise the Qualifications of women entitled to widows' pensions under the Social Security Act:—fa) Widows with one or more children under 10 years of age dependent upon them, (b) Widows who have had one or more children and the duration of whose marriage has not been less than 15 years, (c) A widow who on the expiration of not less than five years after the date of her marriage became a widow after she had attained the age of 50 years, (d) 'Every widow who is not le?s than 50 years of age, became a widow after she attained the age of 40 years, the duration of whose marriage was not less than 10 years, and not less than 15 years have expired since her marriage. Th«* following classes are also included:—A married woman with one or more children under the age of 10 >;' ears : who has been deserted by her hwsband and Las exhausted her claims against her husband under the Destitute Persons Act. and his whereabouts is unknown. A married woman with one or more childrrn under the age of 16 years, whose husband is detained in a mental institution under a reception order. From the above you will see that the definition of widow is very wide, and it is clear that you .come under it, and are therefore entitled in due course to the widows' henefit.

Tig Tree.—Bv reason of the provisions of tbe Fencing Act, it is unlawful to plant • tree or trees on or alongside a boundary without the previous written consent of the occupier of the adjoining land. The penalty is a fine up to £5. In addition the adjoining occupier may enter upon the land and destroy the tree or trees. It has been held that this latter remedy cannot be exercised unless a conviction has been entered under the Act. Proceedings must be taken within six months of the planting of the trees. It has been held that trees two feet away from the boundary are not on or alongside it. a decision which appears to be somewhat arbitrary. If the line or reasoning adopted in that decision was followed it appears probable that a tree planted l'Jin. away from the boundary would be held not to be on or alongside the boundary, ffiard Worker.—-If you can prove actual deliberate misrepresentation by the vendor of the farm, and if the Court is satisfied that it is a serious and substantial misrepresentation you would be entitled to rescind the contract an! recover damages. The Conrt would not allow yon to rescind the contract unless it was satisfied that

you had acted within a reasonable time after discovering the misrepresentation. •Way Back.—The driver of the cattle would be responsible for loss only if negligence could he proved against him. Theoretically parent* are entitled to exercise control over their children until the age of 21 years. Actually such control diminishes N as the child grows up. A Court will not interfere to assist parents, unless It is in the interests of the child

Inquirer.—lf both husband and- wife work on the dairy farm, each is entitled to the full statutory Wage of £2 12s fld and board, or £•_' ir>s and 17s <>d per week in lieu of bonrd. (If no board is provided, but a house, milk, firewood and other amenities are provided by the eniployer, payment for these is a matter for agreement betwepn worker and employer. If the worker does not agree to ray, the employer cannot claim payment.

Interested.—lt would be necessary for you to employ a solicitor in London to search the will in the Probate Court. His charges would depend upon the amount of work Involved. >lf you know who are the trustees, „ 7ou be able to obtain a copy of «• will from them.