LEGAL INQUIRIES

New Zealand Herald, Volume LXXVII, Issue 23621, 3 April 1940, Page 16

LEGAL INQUIRIES

MANY PROBLEMS SOLVED This column appears each Wednesday. Care will he 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," care of Editor, New Zealand Herald, Auckland, and enclose name and address as guarantee of good faitb. Postal box numbers are not accepted as bona fide addresses. Initials or a pseudonym must also be given for purposes oi reterenc© in this column. Perplexed.—Each person having money in the ioint account must pay tlio social secunt" tax 011 the amount his or her respective share earned by way of interest Both you and your wife should he entitled to some age benefit, the amount of which will depend upon the amount you have in the bank whether in your own names or some other person's. Justice.—Licensed hotels have to have a front light kept burning all night unless the Licensing Committee dispenses With it. This floes not apply to boarding and apartment houses. Fencing.—Contribution toward cost of fencing cannot tie claimed from any person who has purchased ndjoinins property subsequent to the erection of the boundary fence. Perplexed, Hamilton. —As far as I can judge your sister is not entitled to any benefit under the Social Security Act. The fact that she is forced to stay at home and look after your parents is not a qualification for tiny of the ordinary benefits. Worried. —If a soldier has been living with a woman althoiurh she is not his wife for a period of r_' months prior to his enlistment she will be treated by the Army Department as his wife and will receive a wife's allowance. Te Aro. —The proceedings of a clearing sale of a farm are not in general jaxable. there are exceptions, such as in the case where the income of the farmer is made from buying or breeding and selling stock. Practically the same position applies with regard to the calculation of the farmers income for the age or other benefits under part 'J of the Social Security Act, any capital moneys received in respect of the sale or exchange of any property beinc excluded from income. Inquirer, Silverdale. —Persons over'the age of H 5 years must pay the levy and the social security charge on any income whatsoever other than any benefit under the Social Security Act. Leo Northland.—The Fair Rents Act applies to the premises and the rent cannot be increased except by a magistrates order or bv agreement in writing between the parties approved by an inspector of factories. The fact that you are in arrears with the rent will not affect this position, j but it will entitle your landlady to sue for ! vacant possession.

Inquirer.—11) Legacies of money or shares in an estate are not income for either income tax or social security tax purposes except in so far as they represent income earned after the dale of death. Until tho l!»:?!» amendment to the Social Security Act, the property owned by a widow did not affect a widow's benefit, although income has always, been taken into consideration. The tiiao amendment provides that widows over the age of (50 years shall be subject to the same property restrictions as are applicants for age benefits. Mhat is to say, property, other than land

or any interest in it or mortgage thereon, the applicant's furniture or any interest in an annuity or an insurance policy does not affect tho benefit. The applicant may have other assets up to £SOO without tha benefit being affected. £1 for evory £lO over £.->OO will be deducted from the benefit. It, is to be noted that this provision applies only to widows over the age of (50 years. The object of the amendment no doubt is to put them on the same footing us ago beneficiaries. Victim. —Where property is sold the rating authority should be notified of chango of ownership, and until this is done the vendor remains liable for the rates. Worried. —If there is a tenancy and no agreement as to its duration then such tenancy shall bo deemed to be a tenancy determinable at tho will of either of the parties by one month's notice in writing. The notice must be one calendar month from the date of the receipt of the notice. The reason is that the above is a statutory provision and in a statute "month ' means a calendar month, whereas in a legal document, such as a notice to quit, "month mean's a lunar month. If, however, there is an actual agreement between the parties ns to the duration of the tenancy, the statute docs not apply and the parties will lio left, to their agreement, provided it can, bo proved.