LEGAL INQUIRIES

New Zealand Herald, Volume LXXV, Issue 23231, 28 December 1938, Page 16

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 tho facts supplied, hut no responsibility is undertaken for the advice or information. Send questions to "Advocatus," care of Editor, New Zealand Hkkat.d, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona fide address. Initials or a pseudonym must also do given for purposes of reference in tne column. Selwyn.—ln making an ord e rnnderthe Fa r Rents Act a magistrate, in fixing; a lair rent, allows from 4 per cent, to 0 cent on the capital value of the premises, an rates, insurance, repairs, and also may make an allowance for teg there is any. Since you do not state rates, insurances, etc., no estimate of the rents can be made. AJ*N.—The general ruje is that no onecan obtain any ownership in ftolen prop< arty, even though it was innocently acquired lor valuable consideraticm. The real owner can always recover lus property. An fxcep tion, however, appears to be made by bee tion 31 of tho Pawnbrokers Act, which provides that the Court may Ofd®' a . P broker to deliver up an article„ to tne owner, either without any pavment of such sum and at such time as'the Court thinks fit. Soldier's Widow.—An oral tenancy having been arranged, you cannot now require written agreement. If, however the tenants enter into a written agreement witn you, stamp duty at tho rate of /s for every £oO or part thereof of the annual rent will be

payable. 1 Perplexed.—The rate of e ß^? rh d^ y b °twetS estate the- total value of which is between £3OOO and £4OOO will be at the rate or 3 per cent. On an estate between £SOOO and £OOOO the rate is 4 per cent, lnere is a further duty known as succession duty parable by individual beneficiaries on the value of their succession. The rate of tnis duty depends upon value and relationship. Worried. —An action for breach of P rom >?« IvhK-s? sra prove" CZumZ ItSTthe' element Ead been broken off by mutual consen . Worried.— Theoretically a parent retains control of a child until such ch id reaenes the aee of 21 years, but actually sucn control diminishes as the child K ro *' s HP' The Court regards the interests child as paramount, and will not J^. orc { the parent's right against the interest ot the child. In any case, you appear to have delegated your right of control to "our wife! and unless you "gain that right you cannot interfere with your daughter's actions. Puiri —lf yoli do not pay the principal sum secured ly the mortgage when >I fa'ta due, the mortgagee will bo entltlea to exercise his remedies which "™hide enter ing into possession. The mere fact tnatyou offered to pay interest is not sufficient. Doubtfal. —On the case of a married man tho invalidity pension is. £7B a year, in creased bv £26 a year in respect of nis wife, and each child under the age of 10 years dependent upon him. There is no restriction on tho number of children. The above rate comes into force on April l. 1939 under the Social Security Act. ine present invalidity pension is £52 a year, increased as above. Interested Share-milker. —The statutory terms relating to share-milking agreements apply only where the farm owner supplies the herd. Clause 1,9 provides as follows: "Hay-making and ensilage-making for tne herd shall ue done by the share-milker. The cost of any additional labour required for that purpose to be borne equally between the farm owner and the sharemilker.

Cremona. —Actually each dairy farm worker is entitled to receive £2 15s a week pins 17s 6d in lieu of board, a total therefore for the two of them qt £7 ss. Payment for extras such as milk, rent of house, etc.. are a matter of arrangement between worker and employer. 1 Pine Tree. —The report of an inspector of schools to his head office would no doubt be privileged so far as an action for libel by a teacher was concerned. However, privilege is lost if malice can be proved. If the facts as stated by you can be proved that in itself would be clear evidence of malice. You would have an action lor libel against the inspector. R.F.—You will receive £l3 a year for services in the South African War and 30s a week old age pension or benefits under the Social Security Act. Worried P.—You are entitled to claim wages for the period up till the time that your employment is terminated by proper notice. Your wages will depend upon whether any award is in force in your district, whether your employers are parties to it and whether the work you do comes under such award. Struggling Along.—lf the premises were, let as a dwelling house before the coming into operation of the Fair Rents Act, namely, June 11, 15)36, that Act applies, and your rent cannot be increased without an order by a magistrate. Not Quite Sure.—(l) No. (2) A child may be adopted by a married couple jointly or by one of them solely. In the latter case the consent of the other is necessary. The cost of adopting a child would approximate £5. In the case of adopting twins two lots of costs would be chargeable, but probably a reduction would be made in the solicitor's fee. A.J.C.—The increase in dairy farm workers' wages dates from August 1, 1938. You are entitled to claim the difference back to that date. You are entitled to '2B days' holiday, assuming you had not been granted any holidays as yet. 8.0.P. —The definition of widow for the purpose of the widow's benefit under the Social Security Act is very wide, but I am afraid that it does not cover your case, as your marriage did not last five vears, nor the duration of your marriage together with any subsequent period during which you had the care and control of one of your children under 16 years of age, has not been 15 years. Policy.—Under the Social Security Act proper'tv does not disqualify a widow for the widow's benefit. Where the widow has no child dependent upon her, the rate of the benefit is £52 a year, decreased by £1 for everv complete £1 of her income in excess of £52. Where the applicant has a child or children under 16 years of age dependent upon her, the benefit is £65 a vear, increased by £26 a year for each child, with a limit of £234 a year. This benefit is decreased by £1 for every complete £1 of her income in excess of £7B a year. Inquirer.—lf you cease work and have no income other than your present wages, both vou and your wife would become entitled to thef age benefit - under the Social Security Act after April 1, 1939. E.K.F. —You would have a claim _ against your wife's estate under the Family Protection Act, but the net balance of her estato is now so small that it would not be worth while making such a claim, as a Supreme Court action is necessary, and it would all go in legal costs. Your best course is to try to come to some arrangement with the children. Uncertain.—The statutory wage for dairy farm workers up to 17 years is £1 per week, up to 18 years £1 6s 6d, up to 19 years £1 13s, up to 20 years. £1 19s, up to 21 years £2 6s, over 21 vears £2 12s 6d, increased in each case where board is not provided by 17s 6d a week board allowance, and a further increase of 2s 6d a week added to the wages. T.M.M. —If you served in a New Zealand contingent, in tho South African War. your ago benefit under the Social Security Act will be increased by £l3 per annum. Your wife will not be entitled to any additional benefit. Query.—(l) Interest cannot be charged on overdue accounts except by agreement or an established custom. (2) A mortgage, if registered, must be formally released, and such release stamped and registered before the title to the property will be clear of such mortgage. E.M.B. —You ask so many questions in your two letters of 20 pages that it is impossible to answer them all or to comment. Briefly speaking, unless you were granted security over some part of your former husband's estato, you have now no claim on his estate since you are no lornrer, nor were you at the time of his death, his wife. As far as I can judge from your remarks .you aro not entitled to any widow's pension. Forty-niner.—The rate of a miner's pension or' benefit under the Social Security Act is £7B a year, increased by £26 a year in respect of his wife, and a further £26 a year in respect of each child under the age of 16 years dependent on him, with a limit of £234 a year, the benefits in respect of any child or children is reduced by £1 for every complete £1 of income of the miner in excess of £lO4. Income received by wife or child is deemed the income of the applicant. Boundary Fence.—ln the first place, th>sre are certain regulations which must be observed in relation to electric apparatus and wiring, In the second place, even assuming that "A" could comply with such regulations and electrify the top wire of a boundary fence, he would be liable to compensate his neighbour for any loss 6uch neighbour suffered. Very Worried.—Presumably the Fair Rents Act applies, in which case you cannot get vacant possession of tho apartment except on one of the grounds sot, out in the Act. '"''he only ground which might possibly apply is that the tenants are guilty of conduct which is a nuisance or an annoyance to adjoining occupiers. If they were sub-letting at a rent which gave them an unreasonable profit, this also would be a ground, but there seems to be no question of this. Anxious Unemployed.—You would be safe in accepting a transfer of the land, provided a partial release of that part of the land which was transferred to you was obtained from the mortgagee. The approximate cost in each case would be £5.