LEGAL INQUIRIES

New Zealand Herald, Volume LXXVI, Issue 23302, 22 March 1939, Page 7

LEGAL INQUIRIES

MANY PROBLEMS SOLVED

This column appears each Wednesday. Care 'will bo taken to ensure that the legal guidance is sound and accurate and as complete as possible 011 the facts supplied, but no responsibility is undertaken for the advice or information. Send questions to "Advocatiis," care of Editor, New Zealand Herald, 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 be given for purposes of reference in the column. Slogger.—Yoii will be liable on tho net profits from dressmaking for tho Social Security charge. You will likewise be liable on tho net receipts from the house you let. You are allowed to deduct deprecia-

tion, which in tho case of a wooden house is estimated at :$ per cent on the original cost Your mother should bo entitled to the full ago benefit. Doubtful. —The department generally assesses tho board of a farm worker for wages tax purposes at 15s a week. Where only partial board is given (he valito of that partial board must be assessed by the taxpayer himself, subject to a reasonable revision by tho department. Subscriber.—lt may bo said that in general apartments come under the Fair Rents Act, and vacant possession can bo claimed only on one of the grounds of that Act. A landlord is not entitled unless ho makes it a special term of the tenancy to complain of his tenant's behaviour, but it is a ground under the Act for possession if tho tenant is guilty of conduct that is a nuisance or ail annoyance to adjoining occupiers. Cocky.—l. If cattle arc in chargo of a competent person the ranger canoot impound them. 2. The driving fees for any cattle up to 25 are Js per mile or fraction thereof. For more than 25 'Js per mile with a limit of £2. Tho ranger or poundkeeper must releaso the same immediately upon being tendered tho proper fees. 4. If tho ranger is negligent and causes injury to cattle he will ho personally liable to tho owner of the cattle. Not Sure.—You appear to be allowing the agent to collect tho rent and must pay him reasonable remuneration which is usually at tho rate of fi per cent. You can terminate this arrangement at any time you like and collect tho rents yourself. Payup.—Formerly women wero exempt up to £SO of their income from tho charge on incomo other than salary or wages, but by the Social Security Act this exemption has been repealed. Ajax.—lf a landlord accepts rent foi a period after the expiration of notice unless ex ; prcssly stated to be "without prcjudico" lie waives the notice. A tenant, however, is liable for what is equivalent to rent for such period as ho remains in the house after after the expiration of tho notice and tho landlord can successfully sue for this. G.E.C. —The employees are liable to wages tax and if there is an award in force in your district must become members of the union. The Government has taken wide power of inquiry into private businesses in particular in relation to the marketing of produce and you must answer the circular. Anxious.—Unless tho rent of tlio premises exceeds £3 a week tho Fair Rents Act will apply and you cannot obtain vacant possession except on one of the grounds set out in that Act and by order of a magistrate. Green Muggins.—lf you can prove the facts as stated you will not be liable for any amount. It is, however, a rule of ovidenco that where a contract is reduced to writing verbal evidence as to the terms of it will not bo admitted. There are sundry exceptions to this of a technical nature. In any caso, the work must be up to a reasonable standard before you would bo liable for it. The whole thing appears to be in tho nature of a trap. I'ersons who sign written orders should be very careful to read them and understand them before signing.

Insecure. —I think you have misunderstood the department's communication. The legacy will affect your daughter's invalidity pension for the pension year only, and not subsequently. Perplexed.—Presumably you have obtained judgment against the debtor. You can issue execution against bis goods except personal and family clothing, furniture, household effects and tools of trade, not exceeding in all i."50 in value. Or you can issue a judgment summons against the debtor, when he will be brought before the Court and examined as to his means, and if the magistrate is satisfied that since the date of judgment he could have paid the amount of the same, ho will be ordered to make payment or a term of imprisonment will be imposed. The magistrate, in deciding whether he could have paid, will take into consideration the requirements of himself and family for maintenance. Distressed. —You will be entitled to the age benefit of £'7B per annum, less £8 deduction on account of your income in excess of £52 per annum. No deduction will be made on account of property in your case. You will be liable to the Social Security contribution of Is in the £1 on your income other than the age benefit you receive. D.M.C. —You should take title to the section by a properly-drawn transfer duly stamped and registered. You should instruct a solicitor to search the title and prepare the transfer for you. G.E.F.—You will be entitled to tho full age benefit. J.K.M.—Yon and your wife should each be entitled to full age benefit. Fair Deal.—ln the circumstances you are responsible for tho cost of your husband's burial. Wondering.—Cruelty in itself is not a sufficient ground for divorce. If coupled with habitual drunkenness for four years it will be a ground. If the cruelty is such as to drive the wife out of the house a case of constructive desertion could bo established and divorce could follow at the expiration of three years. Termite.—The powers of tho inspector in this connection depend upon tho terms of your local by-law. Grateful S.T.N.—You and your husband should each be entitled to the ago benefit less £'2U deduction on account of income. Mac.—No. Anxious.—Your position is unfortunate. You are liable for hire up to tho date tho company repossessed under the Hire Purchase Agreement or for damages for breach of contract, whichever sum is the greater. The company's right of action will he statute barred after "the lapse of six years from the dalo that tho causo of action arose. Fresh Water.—You should have an action against the Borough Council for polluting your water supply unless you have in same way waived your rights. You should consult a solicitor. B.C. —The council is within its rights in having the street closed and a now stock route nominated unless you can show they aro acting unreasonably. Tho onus of showing this would bo on you. ■E.L. —Tho matters you mention would not affect the widow's pension. Fair Deal.—Tho position depends upon the terms of the lease of tho horse. If these throw an obligation on the lesseo to race the horse and he has failed to do so you can sue for damages if you can provo any. The question of damages would be difficult, since they would depend upon tho likelihood of the horse winning if started. J.S.L. —You aro receiving no income from the houses occupied by your family, and therefore need pay no Social Security contribution in connection therewith, except that you might be assessed on the value of your board, if this is a condition of the occupation. Your board would be assessed at from 15s to ,t!J. and might be included as income. The rate of tax will be for the year ending March Ml, on income other than salary or wages, is in tho £l. Share-milker. —The Share-milking Agreements Act is not full on tho matter. It provides, "a share-milker shall receive half shares of the value of calves valued as grades (including bobby calves) and pigs. Tho method of valuation is not specified but presumably if the calves were sold the market price would he tho value less reasonable expenses of sale. Constant Header. —Tho question is whether the articles are fixtures. This depends upon whether tho mode of fixing the same to the house evidences an intention that it is permanent, e.g. screws show less intention of permanency than nails. Each case must be i-onsidered on Us merits. The probability is that tho articles would be regarded as fixtures. This, however, would not dispose of tho matter if you could prove an agreement with the owner of the freehold allowing you to remove it. Rotorua. —You aro in the position of a subtenant and your tenancy ceases with that of the head tenant, and need not be recognised by tho landlord, as there is no tenancy between him and you. The landlord, however, is entitled to recover from you a reasonable sum for tho use and occupation of the premises that you actually occupy, hut not for the whole houso, unless, of course, your occupation is equivalent to occupation of tho whole house. The position, however, is complicated by the provisions of tho Fair Rents Act. It has been held that a landlord proceeding against a sub-tenant must establish ono of tho grounds for possession sot out in that Act. The Act does not apply to premises principally used for business purposes However, having regard to tho above, 1 think the Act applies to your case, and you cannot be put out of tho premises without a magistrate's order made on ono of tho grounds set out in tho Fair Rents Act. If this is so and tho landlord disregards the position ho may render himself liable for au action for damages for trespass.