LEGAL INQUIRIES

New Zealand Herald, Volume LXXVI, Issue 23272, 15 February 1939, Page 7

LEGAL INQUIRIES

JIANY PROBLEMS SOLVED

This column appears each Wednesday. Caro 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 tor the advice or information. Send questions to "Advocatus," care of Editor, Niijv Zealand Hf.kaui, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona iide addresses. Initials or a pseudonym must also bo given for purposes of reference in the column.

Nemo.—"Income" under (he Social Security Act does not include any capital monevs received in respect of the sale or exchange of any property. This would cover instalments of purchase money. Therefore no deduction would he made from your axe benefit in connection with these unless they briny; the total of your liquid assets over Lot 10. In Doubt.—(l) A worker under the Workers' Compensation Act is entitled to receive two-thirds of his average weekly earnings at the time of the accident.. It follows therefore if the amount of such earnings would have subsequently been increased by an alteration in the award this does not alfect the nmount payable to the worker. (•_') The lodge benefit received by you is liable to employment charge, but the department takes a lenient view of such cases and is unlikely to enforce payment of tax. One of Five.—The rights of an adopted child to participate in the estate of a deceased foster-father depends, in the first place, on whether or not there was n will. If there is n will dated subsequent to the date of the adoption the adopted child is entitled to share in any general gift to "children." If tno adopted cnild is excluded by the will he lias the same riirhts tct apply for benefits from the estate under the tamilv Protection Act as a legitimate child of the deceased would have, if there is 110 will the adopted child is entitled to share in the estate on the same terms as other legitimate children of the testator. The fact that the adopted child left his foster-parents at an early age does not of itself clisentitle him to any benefits, although it might have some bearing on the position if. for example, proceedings were taken by the adopted child under the lramity Protection Act. Anxious.—All marriages solemnised in New Zealand are recorded by the RegistrarGeneral at Wellington. Any person is entitled to a copy of the entry relating to any marriage on payment of a fee of - Js (id and on providing particulars of the names of the parties and the date and place of the marriage. If all these particulars cannot be supplied the fullest information available should be given and an additional fee of ,">s is payable for locating the entry. If the entry cannot be located the fee oT 2s lid for the certificate will be refunded. Confused. —In order to prove fraud yon would have to prove that the lady who borrowed the money from you had no intention of applying it for the purpose for which it was .lent. From your question it appears that she did actually start a business and therefore you would find it difficult to prove this. You .should endeavour to get the offer of repayment by instalments confirmed by the lady's husband. Much your best course is i;o immediately consult a solicitor. "Liquidation" is a term applicable to the winding up of a company and a special procedure is followed. Upon the dissolution of a partnership and realisation of assets and payment of debts another position arises, if the business is simply a personal business payment of debts is either a matter of compromise or bankruptcy. If you were actually in partnership you may bo personally liable for some debts. I cannot gather tho truo position from your letter. A Little Bird. —The "attachment" as you call it forms a vital part of tho set and it it does not work properly the dealer must cither effectually remedy it or you can return the set and require the refund of your purr hasp money. You must however act promptly. The question is whether or not ttie Fair Rents Act applies. In the first place the onus is 011 the tenant seeking protection of the Act to prove that the Act applies. That is to say the tenant must negative every exception to the Act. These exceptions are too numerous to set out. Subject to these exceptions the Act applies to a house "let" as a separate dwelling. In my opinion there is no "letting" or tenancy to which the Fair Rents Act applies in the case of a married couple working on a farm having occupation of a house on the farm. Their right of occupation terminates with their employment and they become trespassers if : theyrstay On after that termination. Wondering.—The limit that you ran expect will be the full age benefit, .£7B, plus an allowance of r»s i week for your wife and os a week for each dependent child under the age of 10.

Tunnell. —The ownership of the horse passed to the purchaser when the horse was delivered. You cannot seize the horse tor non-payment of tho balance purchase monev. Your only remedy is to sue tor the same. If you obtain judgment you can issue execution against the horse. Advice. —You should write to Somerset House, London, for a copy of your birth certificate, enclosing a money order to yield 5s Id in England. Perplexed.—Your friend is a permanent employee and is entitled to the statutory wages for an adult worker on dairy farms and tho holidays as provided by the Agricultural Workers Act. Hie wages are l12s iid a week and board, or .t"J l.»s and an allowance of 17r Od a week 111 lieu of board. The holidays are 2$ clays hoi id so nn full nav, plus Od fi neck bonnl alio.vunee, tor every 48 weeks' work jo be taken at the coiivcniencc of the employer. These may be reduced to 14 days U a regular half-holiday from noon onward for the rest of the day is given every week. Time off between nulkings does not count ns holiday. The above applies only if an under-rate permit; has not been granted. Worried—The ownership of land will not nffect /cur age benefit, but the income therefrom will From tho rent you are enti led to deduct insurances, ."('"est on nnv mortgage, the cost of repairing builcfn.'s Since both yen and your liiish.in ( l win" be entitled loathe age benefit the benefit of ench of you wi 1 be bJ Uis tor every £1 over £'•>- joint income. companies it should approximate 11.»0. p\r r mi Your proper course was to ha\e fibiected to the rate of interest at the time ob.iecico j (|jj Ve now entered • Vn ," ru't to pav » specified sum for j"{ereV In some"circumstances; the amount « deSV d nof «'» would' S be °u n wise "to n«v -,nvthing to a third party without written notice from the person or firm to whom the money was origin.ilij due. 0 (-> a notice in the cab of your truck from any negligence 011 your part. Young Un. —(1) You are not entitled to deto i»jr«lilo on Slay 1>» '»•«}. r °', ".""f." '-11 Tho amount of tlic t«i\ . ferred be paid in four quarterly instalments the first, instalment being due on \.i Income tax is paid when demanded b" S tle deimrtiiient. The demands are nin'illv made in February for tax in reKiiect of income earned up to the preceding Mm re 1 31. ::i) As between lie donor a £«,«■»,,,ni Ot oifi dj.» »«;» ; (fntv from either the donor or the donee and in addition the duty constitutes a cl. r-'e on the property comprised in tin £if Unless it is otherwise provided by the terms of the gift » donee is entitled to be iiidomnifiisd by tho (Jonor against liability for gift duty. r--. 1,-riil (I) "Waaies for adult dairy farm u-nrkors are t-J 1 _'s Od a week, plus board or V'.i 1 and an allowance of I<s od a week. - A widow with two children would be entitled to U'2 5s a week penfiion and allowed to have another -SOs a week further iilcome. (.'!) Ihe invalidity h.'nefit. applies eiiually to male and female and is dependent upon total inraniicity lor work Allowable income in addition to benefit is: Siiule person, 11 per wei k, married man oi widower with, depemlenl children, CI 10;. a week; married woman. £••_> a week. TiuEbv Car.—rf y<>" tan prove that 'he car W-1S sold to you as a W'27 model, and is in fact a model, you can rico\er L" v damages that you . have suffered by reason of the car not being a 1!"-', model. Abovehoard.—(l) Your son can legally marry under the nnmf ho has adopfid. <-) " wishes to formally evidence, his change of name he can execute a deed poll and register it i" the Supreme Court office. The' rust slioul I not exceed .Co. Bankrupt..—lt. is true that discharge in bankruptcy operates to free the bankrupt from liability for debts up to the date of bankruptcy if the discharge is unconditional. The Court in granting a discharge, however mav make it a condition that judgment, is "givfn for a sum representing the whole or part of he debts due and miv order payment thereof by instalments. This condition may be enforced In the ordinary way. Destiny,—!. No. 51. Yes.

Doubtful. —Your safe course Is to come to an agreement with your landlord that you may remove the building at any time. If voii built tlie house on runners tilts would be clear evidence that it was movable, but to build it on concrete blocks even though they are not let into tho ground leaves tho matter at least open to doubt.