LEGAL INQUIRIES

New Zealand Herald, Volume LXXVII, Issue 23662, 22 May 1940, Page 17

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 on the facts supplied, but no responsibility is undertaken for the advice or information. Send questions to "Advocatus," care of Editor, Nkw Zealand HehalDj Auckland, and encloso name and address as guarantee of good faith. Postal box numbers are not accepted as bona fido addresses. Initials or a pseudonym must also be given for purposes of reference in this column. W.B.—lf a person assigns a lease or sublets the properly such person does not thereby rele;i.se himself from obligation. to ' the original landlord unless Lho landlord agrees to release him. Therefore if the sublessee or assignee makes default the original lessee can be called upon by the landlord to inako good such default. R..C.W.—Under the Agricultural Workers' Act a farmer employing his son on the farm must pay him the statutory wages unless ho applies for and is granted an under-rato permit. Fair Kent. A landlord to obtain possession of a dwelling house under the Fair Rents Act on the ground that ho requires the same reasonably for his own use and occupation must prove in addition that there is other adequate accommodation available or else that the hardship on him in refusing an order for possession would bo greater than that on the tenant in granting it.

\V.—Financial assistance afforded to soldiers is made through the State Advances Corporation and it is granted to men serving overseas. In general there is 110 condition as to repayment, but possibly in exceptional circumstances tho assistance may bo by way of loan. Generally speaking, the assistance is afforded in connection with:— (a) Rent; (b) interest on mortgages; (c) interest and instalments on furniture; (d) rates and taxes; (e) insurance premiums; (f) other necessary or reasonable expenses. Assistance is not granted for tho discharge of ordinary debts and the amount of assistance is limited to .ClfiG a year. S.O.S.—See ansjyer to W. Very Anxious. —The financial assistance to soldiers administered by the State Advances Corporation is for soldiers serving overseas. See answer to W. Tho latter part of your query seems to suggest desertion on the part of tho soldier. There is nothing the wife can do except sue for restitution of conjugal rights, which she can do notwithstanding tho fact that the soldier has joined up, provided lie has not proceeded overseas. BjS.—A copy of the Share-milking Agreements Act can bo obtained from the Government Printer, Wellington, at tho cost of Od. plus postage. Hard Hit.—Your rent cannot be raised without a magistrate's order or by agreement in writing approved by an inspector of factories. A magistrate in fixing a fair rent allows from four to six per cent on the capital value, all rates, insurances and depreciation, if any. If you havo been charged more than the statutory rent you can recover the same for six months back. F.B.—lf you havo the necessary residential qualifications you will be eligible for the superannuation benefit since it is payable irrespective of income. Forms of application may be obtained from the Post Office. D.Y.K.—Your wife should be entitled to the ago benefit. Where only one of a married couple is eligible they may have joint income of £l3O per annum without affecting the benefit. .CI for every X'l in excess of this amount is deducted from the benefit. The fact that you continue to live in your own house after leasing tho farm will not affect her benefit.

X.X. —A firm is not entitled to add any amount to the price at which goods aro purchased on account of the amount owing not being paid promptly unless there is an agreement boiween the firm and tho purchaser of the goods entitling the firm to do so. Eureka.—The Agricultural Workers Act. 103(5. provides that no child under tho ago of 15 years shall be employed for hire or reward as an agricultural worker 011 any dairy farm. Anxious.—lf you are living in the tiouso you own and have no other income than the £2 2s itd per week you are earning you should be entitled to the full age benefit. See answer to "D.Y.K." F.G.C.—The Social Security Department will probably treat the legacy as income and it will therefore affect your age benefit for tho year in which the legacy is received. R.S.T. —A woman who receives money from her husband for her maintenance is not required to pay the social security charge 011 such sums.

[ Age (>(j.—You must pay the social security tax on any income you havo other than tho benefit you receive under tho Social Security Act. ..Pmtzled Mother.—Your husband should apply for tho invalidity benefit. The rate of henefit for a married man is £7B a year, increased by a year in respect of his wifo and £'JO a year in respect of each child dependent on him, but tho total amount of invalidity benefit shall not exceed £'2OS a year. M.H.—There is nothing to prevent a married woman separated or living apart from her husband from applying for tho age benefit. She must, of course, fulfil tho usual requirements before the benefit will be granted. A.M.M.—Persons in receipt of 110 income other than a benefit under the Social Security Act (other than a superannuation or family benefit) for tho month from and including tho duo date of any instalment of tho levy are exempt from payment of that instalment of tho levy. Application in each case has to bo made and can, of course, only bo made after the expiration of the month. Light.—The rights of tho landlord or a purchaser to obtain possession of the house would in the first placo depend on whether or not the house is subject to tho Fair Rents Act. If tho house is subject to the Fair Rents Act possession can be obtained from you only on one of tho grounds provided by the Act. You should get in touch with the nearest Labour Department or Inspector of Factories, who will go into the matter with you and advise you as to your rights. Puzzled. —Your only protection is under certain regulations passed in consequence of the war. One of tho provisions of theso regulations is that a mortgagee is not entitled to demand payment of tho principal Sinn under a mortgage without tho leave of the Court. The Court investigates the circumstances to ascertain whether and to what oxtent the mortgagor is unable to repay the principal as a result of circumstances diroctly or indirectly attributablo to tho war. Consequently if you are not able to show that the war has affected your ability to pay tho principal duo the mortgagee is entitled to exercise against you or tho land any of tho remedies provided by law or by his mortgage. Fair Go.—The conditions of employment for share-milkers sot out in tho Schedule to the Share-milking Agreements Act provides that the farm-owner shall decido when the cows aro to bo dried off. There is no particular reference to culling, but the intention appears to bo that it should bo at the discretion of tho farm-owner. If, however, the_ farm-owner is acting unreasonably, or is providing an inadequate herd, you would 110 doubt bo entitled to redress. Dealer.—lt is not practicable to cover tho whole scope of the War Regulations and tho Hire-Purchase Agreements Act in this column. There are certain cases in which you could claim protection under tho War Regulations, but to do so might upset your relations or your credit with tho finance company and it might not be in your interests to do this. Generally speaking, tho Hire-Purchaso Agreements Act is for the protection of purchasers and not of dealers.

Owner. —A tree partly 011 tho land of ono person and partly on that of another, so that the roots derive nourishment from the soil of both, belongs to tho owner of the soil where it was first sown or planted. If tho tree is entirely 011 tho land of ono person it belongs to him, notwithstanding that tho roots project into adjoining land. Swamp.—Whero a man and his wifo aro employed on a dairy farm thoy aro each entitled to the statutory wago of £2 12s (id ajveek, plus board, or 15s a week and 17s Od a week board allowanco, unless an under-rate permit has been granted for the wife. Interested.-—I am afraid you havo tho cart boforo tho horso. The Fair Rents Act applies to dwelling-houses lot boforo, not after, the coming into operation of tho Act, namclv. on Juno 11, 1 Information.—The scheme under tho Social Security Act for provision of free services by doctors or subsidised services by doctors, other than maternity benfits, is not yet in operation. Thcro is, of course, tho subsidy for hospital fees at tho rato of (is a day. A.W r .R.—ln so far as tho money received represents a share of tho interest earned by the mortgage, your wifo must pay tho social security tax on it. Perplexed.—You refer to the man as a tenant. This, however, is the whole question. If he is a tenant the Fair Rents Act applies. If ho is a mortgagor the Fair Rents Act does not apply and he can bo evicted without reference to the Fair Rents Act. Pensioner. —Board is assessed under tho Social Security Act at the valuo of £1 per week. Enquirer.—Social security tax is payablo on such part of a legacy as represents income or interest earned, but not on a distribution of capital. Dairy Farmer. —No one is entitled to shoot on your property without your permission, and you can claim any damages suffered, which in this caso would bo tho value of the tamo pheasants. Separated.—lf after payment of your debts you arc not worth i'so and are not in a position to pay divorce costs, nor is your husband, you can apply to petition in forma pauperis. It is the duty of any. solicitor to advise you on the procedure. Anxious. —A war widow's pension is paid to her solely in her own right, and any income eho may earn will not affect it.