LEGAL INQUIRIES

New Zealand Herald, Volume LXXVI, Issue 23504, 15 November 1939, Page 16

LEGAL INQUIRIES

MANY PROBLEMS SOLVED

This column appears each Wednesday. Care will lie taken to ensure that the guidance is sound anil accurate and as complete as possible on the facts supplied, but no responsibility is undertaken for the advice or information. Send questions to "Advocatus," care of Editor, Nrcw Zkai.anp Hf.iiau), 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 l>o given lor purposes 01 reference in the column.

Share-Milker. —If a share-milker has not a bank account, it is obvious that his remuneration cannot be paid into his bank account and must therefore be paid to him direct. He is under no obligation to accept a cheque and can demand cash. T he standard terms which apply only where the farm owner provides the herd provide for settlement to be made within three d«\s of the receipt of the money by the farm owner iiiul lo be «uH!orut)fiiiied by a copy of the monthly statement. Oro.-By the Legal Aid Act. October 7. 11)30. regulations may be made to ensure that legal aid is available to all poor persons, such regulations to define "poor persons and authorising the Xew Zealand Law bocietv to establish committees and panels of legal practitioners, and also for the remission of fees payable under any Act. 1 tie 'drafting of these regulations is under consideration at the present tune. To obtain assistance you would nave to come within the definition of a "poor person when that definition is settled. Justice.—A judgment obtained by fraud can be set aside. Different procedures apply according to the nature of the judgment and the time which has elapsed since judgment was given, e.g., a new trial may be moved for if notice is Riven within four days of the verdict. In your case the only procedure which appears to be available is to bring a separate action to have the judgment set aside.

R.R.—Written notice is a condition precedent to a claim under the Fencing Act for half the cost of fencing. This notice must he given before the fence is erected or repaired. Farmer. —A share-milking agreement is enforceable, notwithstanding the fact that it is not in writing. The statutory terms apply where the farm owner provides the herd. Under those terms a share-milker frets 25 per cent, unless he does maintenance work, in which case he receives 83 and l-.'i per cent of milk and cream cheques and deferred payments. What you refer to aa a bonus is presumably a deferred payment. If, however, you refer to a share bonus you are not entitled to any part of that.

Worried. —Theoretically parents retain control over their children until they reach the age of 'JI years. Actually, such control diminishes with the increasing age of the child. The Court always considers the interests of

the child as paramount, and will not enforce unreasonable claims by the parents. H.E.W.—Under the Courts Emergency Regulations. the principal sum secured by any mortgage cannot be called up. nor any power of sab; or right to re-enter into possession exercised without leave of the

Court. M.A. —Under .votir debentures yon were entitled to a fixed rate of interest, but you have agreed to take shares instead of such debentures. Your rights with respect to these shares depend on the memorandum and articles of association of the company and the particular terms on which the shares were issued. Assuming that they are ordinary shares in the ordinary form, you cannot demand, irrespective of circumsla nces n rate percentage return. Your rights would be limited to require pavment of such reasonable dividends, having regard to the profits of the. company, as are fixed by the directors or otherwise. If a dividend is fixed or the directors decide that no dividend can be paid, you would have to prove that the directors were acting either fraudulently or unreasonably before their decision could be attacked.

Anxious. —(I) As you have only two children, you will not be entitled to any family allowance. Sec answer to "Railway." (2) If the owner of the farm has been granted an order for possession by the Court,'you must comply with the terms of such order and can be ejected if you do not.

Share-Milker.—The Share-Milking Agreements Act sets out in the schedule the terms of share-milking agreements. These contemplate the keeping of pigs and include certain provisions where pigs are kept, but do not make it obligatory upon either party that pigs be kept. This being so, the parties must make their own agreement as to whether pigs should or should not be kept. It follows, therefore, that a sharemilker is not entitled to demand any compensation for not keeping pigs unless he has agreed with the owner that pigs be kept. It is true that the price of butter-fat supplied to a cheese factory is 2d a lb. greater than that supplied to a butter factory. with the object of compensating the farmer for the poor quality of the whey returned as against skim milk and the cost of carrying whey away. A share-milker is entitled to half pigs, hut only to that proportion of the extra 2d which is specified by the agreement for milk and cream cheques.

Puzzled. Thames. —Under the Destitute Persons Act, a "parent" is liable for the maintenance of a child under 10 years of aee. In Ibis connection, parent includes "the husband of the mother of any child, whether legitimate or illegitimate, if the child was born before the marriage of the mother with her said husband, whether the mother is alive or dead." It is clear, therefore, that your brother-in-law is liable for the maintenance of the child. As to family allowances, sec answer to "Railways. Worker. Morrinsvillc. —You do not appear to he getting the full wage. If you are employed by the day you, as a casual worker on a farm, should receive, if found, 18s 4d. if not found, 10s. If you are employed by the hour you should receive, if found. Is Bd. if not found. 2s. If you are employed by the week yon should receive £2 ss. plus board or ail allowance in lieu thereof of 17s (id. i.e.. CO 2s Od. You would, in addition, if employed bv the week, he entitled to holiday provisions which would amount to IS days per annum. However, it appears that you have two days a week holiday, which, of course, works out at a trreatdeal more than 18 days per annum. The provisions as to holidays do not apply to casnal workers, but it appears somewhat doubtful whether you are a casual worker. You should get in touch with your local labour office.

8.0.P.. Shnre-Milker. —The statutory term which covers the matter the ShnreMilkings Agreement Act is Xo. 12. which reads as follows: —"All ruhberware shall bo in a satisfactory condition at the commencement of the contract and shall be left by the share-milker in the same condition at the termination of the contract," i.e.. the share-milker is responsible for upkeep. The share-milker pays for the cost of power.

M.G.F.—If the doctor's visit was not a professional visit to attend you, he cannot claim payment, even lliougn he. may have volunteered some medical advice. There must, be some invitation by word or conduct to the doctor to act in his professional capacity before ho can justify a

charge. F.A.R. —Where only one of a married couple is eligible for an age benefit, they may have i! 180 joint income without affecting the benefit. I'l for every I'l in excess of that amount is deducted from the benefit. It would appear, therefore, from the figures you givo that your mother would only bo entitled to about JJB per annum age benefit, lI.J. —The Social Security Act provides that, in the case of a married man whose wife is not eligible for an ace benefit, "the. commission may in its discretion increase the benefit by such amount, not exceeding ,CI3 iu any year as it thinks fit. but so that the total income of the husband and wife, together with the amount, of any benefit

payable to either of them, will not, by reason of such increase, exceed one hundred and fifty-six pounds a year." As to the position where only one of a married eouplo receives the benefit. sec answer to "P.A.R." Railways.—Under the Social Security Act, an allowance of -Is a week for each child in excess of two may be obtained where the income of the family does not exceed X's a week. The amount of income over ,C 5 is deducted from the amount of Family Allowance, Application is made to the Social Security Department. J.R. —Where both a man and his wife are employed on a. dairy farm, they are cncli entitled to the statutory wage of £2 12s Od a. week, plus board, or £2 15s a week and an allowance of 17s Od a week in lien of board. If a dairy farm worker is allowed a regular half-holiday every week from noon onwards for the rest of the day. his annual holidays are reduced from 28 days to 14. The worker and the farmer may agree that time off between milkings allowed regularlv on one day each week shall count as a lialf-

day. with the correspond in:; redact ion of llir annual holidays to 1-1. "I"hrr<» is notliinor specific, in the Agricultural Workers Act. as to notice, but if is reasonable to expect one week's notice on either .side, hut this depends on the circumstances of the particular case. Fair Play.—l. It is no part, of the duties of tlio Public Trustee to investigate the, terms of ii will unless he is representing some person who has a legitimate interest in tho will or holds a prior will, and suspects tho validity of the later will. 'J. Unless thorn is some succfrestion "of criminal practice, tho police will not ho concerned. !l. The cost of disputing a will will in preneral be paid by the. unsuccessful party. Tn certnin exceptional circumstances, the costs of an unsuccessful party may he ordered to bo paid out of the estate. S.A —ln fixing a fair rent of property which comes under the Fair Penis Act, a mairistrate allows from I to (i per cent interest on the capital value, all rates, insurances, repairs and an allowance for depreciation if there is any. There is no fixed percentage allowed as depreciation. Where tho tenancy includes furniture, the mapistrato will mnko an additional allowance with regard to this. This provision applies to Oats and rooms.