LEGAL INQUIRIES

New Zealand Herald, Volume LXXVII, Issue 23818, 20 November 1940, Page 15

LEGAL INQUIRIES

MANY pboblems solved This column appears each Wednesday, (jarc will bo taken to ensure that the I guidance is sound and accurate "das complete, as possible on the facts ' nplicd, but no responsibility is undertaken for the advice or information. Send questions to .''Advocatus," care of Editor, Nkw Zkaland Hf.ii.vu>, Auckland eIK ' OSO 11:11110 :,I,c * tttldress as 'guarantee of pood' faith. Postal box mbcrs are not accepted as bona fide addresses. Initials or a pseudonym must a lso be given for purposes of reference in'this column. ririous —Although yon married aHer May, 10-10 and are therefore classified as unmarried for ballot purposes, you are. as far 35 allowances are concerned, classified « married and wilt receive the same. Financial assistance is extended to .soldiers jn certain cases and yours appears to be VBC, Waikato. —It is not necessary to .-firster with the Agricultural Department fo MOW vegetables.for sale. , r.,.#uitv —There are no formalities reniiired* to change your name. However, iridence of change of name is generally fAinrt from time to time to be necessary. - The best method is by Deed Poll registered in the nearest Supreme Court, 'lhc iLts would approximate £•"> and the service* of a .solicitor would be necessary. ~, "(1) It is legal for you to assume any name you like, providing it is not done i'„ purpose of fraud or the commision of any crinuv or offence. The ditf.riltv is the proof of identity. A name, after ail is only- a label. 1 and -if you can iirove that you are the person named or ' -cified in a "egal document, whether ' von are correctly named in such legal document, or whether you subsequently* rhaneed your name. you will be entitled to exercise the rights of such person. Cogent and direct proof is, hnw-ver necessary, and sometimes this if cr/ difficult lo get, (2) . The persons you mention are competent witnesses both to {he marriage ami to the sigmns uf the repisier. /■nmnlirated. —The procedure on adoption is as follows: —Having found a suitable ihild application is made to a magistrate fnr an adoption order. The consent of the mrents of the child in writing is necessary. You will finil it necessary to have the. services of a solicitor in drawing up the neces. tarv papers. If the magistrate is satisfied with all the circumstances an order will--"be made. It is not' conipn sqry to adopt a child in this manner, but it is advisable hnth for vonr own protection and for the future, welfare of the child that the position should be regularised at law. "Arv Farmer. —Halsbury quotes "the rule of the road is a paradox quite. for if you co rieht you go wrong and if you go left vou go risht." «>ld saw.) 1 here are. however, certain exceptions generally accented bv custom. Thus, a horse without a rider led by the rider of another horse bv custom keeps to Ihe right, or off, side In order to ensure better control in passing other occupants of the highway, tallure to observe a rule of the road or such a custom is not conclusive evidence of civil linbilitv, but it throws on the person so failintr"a more stringent obligation to take rare It- is the duty of such a person to leave reasonable passage for other persons overtaking him. 'This appears to be thelaw Its application to the facts of your race would / require a full and detailed statement of'what actually happened, the onus,' however, appears to be on the man who was in charge of the horse to show that he was not negligent. p arm —The statutory wages for an adult worker, whether male or female, on a dairy larni are £2 12s <>d a week, plus board. or £° los a week and l<s <>d board allowance." The social and national security faxes of 2s in the £1 must be deducted from the wages and where free board is given deducted aI6o on £1 a the value at which the department assesses free board for tax purposes, you cannot deduct , wages paid to your wife in your returns for income tax purposes. Ihe Agricultural Workers Act provides that no child under the age of 15 years shall be emt.Uned for hirfe or reward as an agncu'iura' worker on any dairy farm. 'AWAV. —Sec answer to "F.trm." TA— If a man separates from his wife he must make proper provision for her and the children. If he fails to do so he can be forced to do so by the Court. Ihere is no ratio or percentage of his income that he must allot to bis wife and children. The whole matter depends upon the finan- / rial circumstances of the parties involved, the reasons for separation, the health of the parties and their ability to support themselves. If fht house and furniture. belong to the husband, the wife is not entitled as of .right to any. share in Hie ownership. Ttic same applies to the husband if fhe -house and furniture belongs to the wife. ;in each case, however, it is a circumstance which the Court takes into

consideration in fixing maintenance. In the case you quote, a magistrate would pro- • bal)ly allow from £3 10s to £ i a week against the husband. Troubled.—You can sue your husband for maintenance. See answer to "T.A." Respectable.—Your husband, having deserted you, cannot obtain a divorce upon Ihe expiration of three years. On the other hand, you can divorce him if you wish. You are entitled to maintenance. See answer to "T.A." R.V.—The additional is in the £1 national security tax on wages commenced on July 21, HMO. In Doubt.—Tho storekeeper is wrong. He cannot give separate receipts for the one payment. He must give you a receipt for the full amount stamped with a 2d stamp. It is an offence to fail to do this. H.X.H.—You must pay social security tax on your income for the year ending March 31, .1010, and also national security tax amounting to three-quarters of your social security lax for that year. The fact tnat you are now on wages docs not alter this position, but as you pay both taxes on your wages as you receive them you will not, of course, be called on to pay them again. A B.—"Where only one of a married couple is in receipt of an "age • benefit they may have joint income of £'l3o per annum without afTecting the benefit. In the case of a married man whose wife is not eligible for an age henefit the commission may in Jts discretion increase the benefit by such amount, not exceeding £l3 in 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 suet, increase, exceed £l£>G a year. You should,, therefore, from the facts given by you. be ;ible to earn ahout £GS a .Year without affecting your benefit. Ovolinc.—'A divorca may be claimed on the ground of three years' separation by mutual consent whether the same is in writing or not. Worried.—The Fair Rents Act applies to furnished apartments and the value of the furniture, depreciation, upkeep and the like will bo taken into consideration in fixing the rent. It would not benefit you, nor does it appear to be open to you to allege that the furniture was merely a loan. Shareholder. —If you can prove that you have icnid for the shares and that a dividend has hee.n paid to you on them, it senilis quite clear that the company cannot dis-| puta your right to them and must issue • you with the appropriate scrip. Write to I the company alony: these iines and ask for the scrip. Puzzled.—l am afraid you have rather put your head into a noose. The Fair Kents Act Amendment, lfwu, make the principal Act applicable to any dwelling house which forms part of a building not originallv constructed to be let as two or more flats. It applies whether the part is let before or aHer Ihe passing of the Act. You will require, therefore, to rely on one of the grounds under the Fair Rents Act before you can terminate the Tenancy, and ,if you allege that you require the premises for your own use and occupation you must either provide other suitable accommodation or a magistrate must decide that the hardship on you in refraining from making an order for vacant possession would be greater than that on the tenants in making an order. D.B.—Since the house you rent comes under the Fair Rents Act, your cannot be raised except by an agreement in writing approved by an inspector of factories or by a magistrate's order. A magistrate in fixing a fair rent allows from -1 to (> per cent on the capital value, rates, insurance, repairs and an allowance for depreciation, if any. Shepherd.—The award wage for a worker of the age of 21 or over on a sheep farm is £2* ss, plus board, or an allowance of l"e Od a week in lieu of board. There arc no stated hours of work nor is the worker entitled to any particular day or half-day off. On completion of 12 months service a total of IS days' holidays (on full money wage paid) shall be given to the worker at the convenience of 'the employer, provided that if the period of employment is less than 12 months, but more than three months, the worker shall be entitled on the termination of his employment to a proportion of the annual holidays according to the length of service performed. Hopeful.—By Section 37 of the Finance Act, 1!»40, provision is made that where a widowed mother of any member of His Majesty's military, naval or air forces who for the time being is not married receives pursuant to an allotment made by him of part of the pay and allowances earned by hiin being in excess of 2s a day. the amount of the excess is not counted as income in arriving at any benefit under part 2 of the Social Security Act, 1008. Age benefits* come under part 2. It js somewhat difficult to know why the first 14s a week is not excluded. ( Your mother would, under the ordinary 'provisions of the Social Security Act, be entitled to an income of £52 a year before her age benefit would be affected. Apparently the first 14s a weeTc allotted by a son would be counted as part of her income, e.g.. if your mother had an outside income of 30s a week and received 14s from her son. 4s a week would be deducted from the age benefit, but even if the son anotted to her more than 14s a week no further deduction would be made from the benefit. As to pay. -allowances and thq like for members of the Air Force inquire at local headquarters. Injustice, T.P. —In arriving at the income of the applicant for an age benefit tho Social Security Commission does not treat as income any capital moneys (not exceeding in the aggregate the sum of £000). by .way of legacy to the extent to which such monevs are expended in the purchase of property to be used by an applicant as a nome or are expended for the improvement or renovation of property used by the applicant as a home, or to pay off any principal or interest on a mortgage or other encumbrance of any such property, or for nny other purpose that the commission deems reasonable and proper. It would appear therefore,that if you can satisfy the commission that the legacy you received was spent in paying off a mortgage on and improving your homo your tenefit should not be affected. Under the Social Security Act there is set up a Social Security Commission to consist of not more than three commissioners. Your best course would be to write to the chairmar. of this commission putting all the fact/ before bim.