LEGAL INQUIRIES

New Zealand Herald, Volume LXXVI, Issue 23284, 1 March 1939, Page 20

LEGAL INQUIRIES

MANY PROBLEMS SOLVED Tliis 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 undertaken for the advice or information. Send questions to "Advocatus," caro of Editor, New Zealand Herald, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona fide addresses. Initials or a pseudonym must also bo given for purposes of reference in the column. Section.—Tho standard commission for a land agent on a sale of property is 5 per cent up to £3OO and 2% per cent thereover. The correct commission that yon should pay would be £3 ss. H. T.' Fairness.—There is no award or statuto governing the position of private domestic servants. The terms of their cm- ; pioyment. holidays, pay, hours nnd so forth are therefore a maltor of agreement between them and their employers. If a domestic servant is dissatisfied with the conditions laid down by her employer, her only remedy is to seek work elsewhere. Inquirer.—No deduction is allowable from your income for interest on your home or for domestic help for . the purpose of arriving at tho amount on which you will have to pa.\ the Social Security contribution. For income tax purposes an allowance up to £SO 'may bo made for a housekeeper. Scoria. —Before a passenger in a motor-car, whether for hire or otherwise, can succeed in a claim for damages to compensate for injuries received as the result ol an accident or collision such passencer must prove negligence on the part, of the driver. With regard to compulsory insurance, see answer to "Concerned." Curious. —Unless yon are totally incapacitated for work you will not be entitled to tho invalidity pension or benefit, which appears to bo the only one applicable to your case. Worried.—lt. seems clear that you have rented only tho back portion of the premises and not tho shops. You are, however, entitled to exclusive possession of this back portion and need not allow the landlady nor an* of the tenants of the shops on 'the premises. E.M.B.—If n separation order has been granted under tho Destitute Persons Act, it is an-offence for a hnsband to molest a wifo in any way, and appropriate steps can be taken should he persist in doing this. A fesiimption of co-habitation would put an end to the separation. It does not follow that a wife need be unfriendly toward her husband from whom she is separated, but she must be in a position to show that the separation has continued for three years if she wishes to obtain a divorce at the end of that period. It would certainly be very foolish of her to allow her husband to become a boarder in her house. Fair Deal.—Yon aro not responsible to the chemist for the medicine since you did not order it yourself, nor authorise anyone else to order it on your behalf. Briar. —Under the Social Security Act the capital value of the accumulated property of any married applicant for an age benefit shall be deemed to be an amount .equal to one half of the total capital value of the accumulated property of the applicant and of his wifo or her husband, as tho case may be. From the result there is deducted £SOO and the pension is reduced by £1 for every. £lO in

excess of such £3OO. If, therefore, both

husband and wife have each £SOO, no deduction will be made from the age benefit. Enquirer. —ln fixing the fair rent of premises to which the Fair 'Rents Act applies, a magistrate is bound by the following provisions. Ho can allow from 4 to G per cent on the total capital value, all rates, insurance, repairs and a sum for depreciation, if there is any. Even if the tenant is sub-letting at an unreasonable profit, this would not be grounds for raising tho rent, but it would be a ground for obtaining vacant possession. W.J.W.—(I) This depends upon the nature of the offence. (2) A single man can have up to £52 per annum income before his pension will be affected. (3) An employer is under no obligation to retain the services of an employee who falls ill and he may therefore during such employee's illness give him appropriate notice. If the illness is tbo result of an accident happening during the course of the employee's work, such employee would in general be entitled to compensation. Inquiry.—lf your statement of income is correct you and: your wife should between you receive £4B per annum age benefit. Worried.—A warrant of fitness will be issued for a, caravan if the person examining it is satisfied that it is safe. There is no obligation' to fit a special type of axle, but if the caravan is to be used at night a tail-light must be fitted. Always Worked.—You • will be entitled to the age benefit less £3O, tho deduction being £1 for every £lO of your accumulated liquid assets, which, of course, include money in the bank, over £SOO.- Yonr income is insufficient to affect your age benefit. Mortgages of land .in bo far as accumulated property is concerned are not taken into account, but if you convert money in the bank to a mortgaijo of land the Commission, unless it is satisfied that you are acting in good faith and not for the purpose of obtaining a benefit or an increased benefit, will regard such new mortgage as part of your accumulated property. Hardworker. —You will be entitled to the aze benefit less £9, being the amount by which the joint income of yourself and wife exceeds £l3O. Your actual income is taken into consideration less reasonable expenses incurred in the production of the same. ' Depreciation is not in general allowed. The net profit of any moneys received from boarders is taken into consideration. r . Shepard.—A sheep-farm worker should receive £2 5s and board or 17s Gd in lieu thereof. If he occupies a cottage belong- . ing to his employer the question of any payment for this is one between himself and his employer. Carbon.—Under the Social Security Act "any interest in land" would include tho ownership of the freehold or a leasehold interest or a joint interest in land or tho mortgage of land. Presumably money invested in land would result in your having an interest in' land either as mortgagee or owner. Tho fact that you and your wife each have £SOO in the bank will not affect tho amount of your age benefit provided you have no other liquid assets. Bolan. —The Schedule to the Share-milking, Agreements Act provides "a share-milker shall receive half share of tho value of calves valned as grades (including bobby calves) and pigs. Calves for rearing shall bo valned during January or February as mutually agreed upon, the farm owner to take over the calves at that dato. Calves for rearing for replacement shall be limited to 25 per cent of tho herd and if any of these aro not retained for replacement purposes the proceeds of their sale shall go to the farm owner."

Worried.—lf the machine is so defective as not to bo reasonably suitable for the wotk for which it is intended, you are entitled to return it and recover any moneys you have paid. If, however, thero is only Rome minor defect which the seller is prepared to remedy, you would, not bo entitled to do this. Beyond this I cannot advise you, as it is a question of fact whether the machine is useless or not. Nick.—Time off between milkinga does not count toward a dairy farm worker's annual holidays. You are entitled to holidays at the rate of seven days for every 32 weeks worked on full pay at the present statutory rate, plu3 8s 9d week board allowance Crippled.—Persons over the age of 16 aro entitled to the invalidity pension if they have the other necessary qualifications. The rate is £1 per week up to 21 years and 30s a week afterward. The increase in the pension applies only from April 1. If you have been resident in New Zealand for ten years and are permanently incapacitated for work you would bo entitled to a pension immediately. Application may be made through the nearest registrar of pensions; forms can be obtained at the Post Office. Toiler.—Sinco you arc not separated from your husband by deed or Court order you are regarded as a married woman for pension purposes and the amount of his income will affect the amount of your pension. Your simplest course is to have a deed of separation drawn up and executed. Kay.—Three years' separation from your h'usband is not in itself sufficient to entitle you to a divorce. You must show either desertion or separation by mutual consent, deed, or Court order. None of these appear to apply in your case as it appears that you left your husband against his will. If, however, you could provo that his conduct toward you was so bad as to force you to leave him, "constructive desertion" would emerge and be a sufficient ground for divorce Not Asleep.—Since you were not a party to the guarantee nor in any way connected with the transaction you are under no liability in connection with the guarantee. In any caso tho guarantee to be enforcable would require to be in writing signed by yourself. E.M. —Your husband, notwithstanding the fact that you aro separated, would be entitled to claim a share of your estate upon your death unless tho separation is terminated by a divorce. Your proper ■course is to draw a will leaving the property to your children, or you can transfer it by way of gift to them during your life.