LEGAL INQUIRIES

New Zealand Herald, Volume LXXVII, Issue 23574, 7 February 1940, Page 18

LEGAL INQUIRIES

MANY PROBLEMS SOLVED This column appears each Wednesday. Care will be taken to ensure that tho 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 "Advocntus," 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 fide addresses. Initials or a pseudonym must also be given for purposes of reference in the column. Genuine.—The Government has intimated its intention to assist soldiers to meet financial obligations such as rates, interest and certain other time payments. -J, understand that a scheme is'being formulated and that it will be administered through the State Advances Office, and that it is hoped to have the same settled and in operation at an early date. If you communicate with your local State Advances Office they will inform you when the scheme comes into operation. Apart from this, there arc, of course, tho Emergency Regulations, which provent the exercise of certain legal . remedies, including proceeding to execution on a Judgment, tho calling up. of principal sums under a mortgage, and tho taking of possession of any property without leave of the Court. These regulations apply to contracts made prior to September 22, 1030, the date on which they came into force except in the. case of a soldier, whoro they apply to any contract made prior to tho date of his being called

up. A.J.—lf (he hedge is an accepted boundary fence, you can call upon your neighbour by appropriate notice to ropair it in tho same manner as any other boundary fence. Repair in this case includes * trimming. If you and your neighbour cannot agrco upon

tho method of trimming, tho matter must bo settled by a magistrate. Except as "above, there is no limit to the height a hedge may be grown by an owner on his own property. You cannot compel liitn to cut the hedge in order to let in light and sun. There is no right to light or view or sun in respect to buildings or trees on adjoin-

ing properly. A.M.—Where a husband leaves the whole of his property to his wife and the net amount of his estate docs not exceed £sooo,.neither, estate nor succession duty is payable. I lie cost of probate, including probate fee, will, however, be payable. In your case, this

should be covered by from X'l7 to i-'U. S.S.T.- Persons usually resident in New Zealand permanently leaving the Dominion must satisfy the Commissioner or Taxes that they have .paid all social security

levies and charges, also income tax on in

come up to the date of departure. Farm Worker.—The statntoft wages for farm workers are as follows: —Dairy farms (in respect of period af(cr August —l. t!>38): Workers under the age of 17 years, CI; workers of the ago of 3.7, but under IS, JL'L (is (id; workers of the ago ot JS, but under 10, AM 335; workers of the age of 10, but under 20, .€3 lite (id: workers of the age of "JO, but under tit, £'2 (is; workers of the age of 21. and upwards, .C'2 liis (id. Where the worker is not provided with board, the above wages are increased by •2s Gd, in addition to the allowance of :17s tjd paid in lieu of board. Agricultural and pas(oral workers ou farms and stations (tiiis, of course, includes sheep farms), as

from November 1, 1037: Workers - under tho ago of 17 years, 18s Gd; workers of tho

age of 17, but under IS, .CI 'ls; workers of tho ago of 18, but under 10, £1 Os; ,workers of,tho ago of 10, but under 20,'' .€1 14s Gd; workers of the age of 1 20,- but undor 21, £1 10s Gd; workers of 21 years of age aud upwards, £2 ss. Where the worker does not receive board, these wages, aro increased by 17s Gd per week allowance in lieu of board. From the above, you will seo tho correct wages to bo paid in each case. No provision is made for. rises in adult wages, and this would be a matter of agreement between employer and employee. Dicty.—l and 3. Under the Agricultural Workers Act there is one scale of wages which applies to both male and female workers (see answer to Farm' Worker). Where a man and his wife are employed on a dairy farm, each is entitled to the full scale wage. The wife, however, may obtain an ■ under-rate permit upon application to the local labour office, if the employer provides a house, the rental of the same will be such .sum as is agreed upon between the parlies.- If no rental is agreed upon, nothing will be payable by the employee in connection therewith. Whether or not rental is agreed on, the employee is entitled to the full scale wage; The matter of payment. for meals and accommodation supplied to the owner is one of agreement botween you." 2. No child under the age of 15' years shall be employed for hire or reward on a dairy or sheep farm. I. Both you and your wife should bo entitled to the statutory holidays for workers on dairy farms of 28 days per annum. These aro reduced to 'l4 days if tho worker has been given a half-holiday regularly each week. Employeo and employer may agree that timo off between mil kings given regularly on ono day each week shall be regarded as

a half-holiday. Enlightenment.—Persons in receipt of an incoino exceeding £J»O aro required to make a return of income. Persons whose income exceeds £2OO must pay income tax. A husband maintaining his wife whose income does not exceed .£SO .will receive a ,CSO deduction. For tho income year ending March 81, 1040, if the separate income of each of tho husband and wife exceeds .£2OO per annum the husband will be assessed with the aggrogato of both incomes, but ho will be allowed in addition to his ordinary exemption of £2OO a further exemption of £2OO or the amount by which his wife's incomo exceeds this amount, whichever ■ is. less. Upon application, however, separate returns may bo made by both husband and wife and each will be liable for his or her individual tax, but tho rate will be assessed as on an aggregate return. Apart from income tax your wife must pay social security charge on her income, includyig interest on money' held by the bank.

Worried. —One month's notice in writing is required for ftie determination of a tenancy nt .will, and before proceedings under the Fail 1 Rents Act. may-lie instituted, a fortnight's notice in writing to (hat effect must also be given. 'These notices, however, may lie given at the sanie time. A cround for obtaining possession under the Fair Rents Act is that the premises have been sold ami the purchaser reasonably requires the same for his own use it rid occupation. It iiiusi. be shown that other adequate accommodation is available. If. however, the purchase is completed, the new owner then becomes the landlord, and he may obtain possession without showing that other adequate accommodation is available if lie can show that the hardship on him in-.refusing an order for 1 possession would be greater than that on the tenant in making it.

Caledonian. —The matter of liquor at dances has been dealt.with by Section 59 of the Statutes Amendment Act, 3.939. The sec-, tion is exceedingly wide, and runs into six sub-sections. The widest sub-section appears to bo sub-section 3, which reads as follows:—" • - • liquor shall be deemed to be in the vicinity of a hall wherein a danco is being held if it is shown that the liquor was in possession or control of any person

attending or proceeding to attend the dance, or was consumed or intended for consumption by any person so attending." Tho section does not apply in relation to liquor in licensed premises or a dwelling- house. For the purposo of. tho ; isection; v'hall means any building where any public dance is held to which admission : is obtained upon payment, of, subscription, either in money or by way of, supplying refreshments, and whether upon general.cr individual invitation, or otherwise."

Constant Reader. —Thcrc ; may bo borough by- ■ laws in connection with tho keeping * cf fowls. You should get in touch with ; tho town clerk. Health inspectors have certain powers also where the kcoping'of animal.* amounts to a danger to health. At common law, you would have no redress unless you .could prove actual damage rcsultihg. from a nuisance. No action could be taken unless the nuisance was established and the damage suffered. " ' . Walla.l. You; can leave your property by will as you wish, but if you fail in your moral duty to make adequate provision tor your wife or children, application can no. made to'the Court under the Family .Iro-i lection Act for such provision. 2. Persons are entitled to th<j hospital .benefits, irrespective of their financial position and whether married or single. Constant Reader—Where there is no agreement as to the nature.,or duration of a tenancy, by Section 16 of the I roperty Law Act there is a tenancy at will, determinable by one calendar month s notice in writing by cither party. In the case of such tenancy tho death of. tho tenant does not automatically determine the tenancy, and the necessary notice must be given either by or to the personal representatives; of tho deceased before tho tenancy is-dotcr-; mined. It has been held in the Magistrate s Court that if tho relatives of. tho deceased continue to occupy the premises the relationship of landlord and tenant is not thereby created and the Fair Rents Act does not apply, and tho landlord is entitled to recover possession. 1 Enquirer.—The statutory terms of sharcmilking agreements provide:- Sliare-iniiKer shall receive half share of the valne-of all calves, which shall be valued as grades, including bobby calves, and PiKj>. which shall bo valued as grades, providing the; share-milker buys in as, grades. Calves, reared shall bo valued during January or February, as mutually agreed upon, farm-owner to take over the calves as at that date. Farm-owner may require calves for rearing for replacement purposes up to 25 per cent of the herd, and, in any case, the farm-owner may, if he so wishes, require more than 25 per cent to tic reared for replacement purposes." The meaning ot the last clause is somewhat obscure, but it would appear that, whether or not the calves are taken for replacement purposes or are sold, the share-milker is entitled to a half value, and the farm owner may require any number of calves to be kept lor replacement purposes, the value to be oetermined in January or February. (outran''opinion appears to prevail in certain quarters, but in my opinion Clause 5 is. mandatory and applies to all calves. ' ,