INQUIRERS' CORNER

NZ Truth, Issue 999, 17 January 1925, Page 16

INQUIRERS' CORNER

(Conducted by "INTERPRETER.")

Answers will be pub/ished as early as possible after receipt of questions. All letters to be addressed, "Interpreter," c/o "Truth," Manners Street, Wellington. While taking no responsibility for any answer given m these, columns, every endeavor will be made to see that they are absolutely correct. Answers to legal queries must be accepted merely as a guide as to whether or not it is worth while going to the expense of placing matters inquired about m the hands of a solicitor for further action. No replies can be made by post. Inquirers must write m ink.

Housing and Rates: Q.: Car* a weekly tenant let house furnished without consent of landlord? — "Inquiry" (Wellington). A.: You can sub-let on a weekly tenancy, but, o£ course, this creates no tenancy between owner and subtenant. The rule is that every tenant can sub-let, unless the lease or tenancy provides that he is not to assign without the landlord's consent. Q.: (1) Can a landlord be compelled to repair roof where rain comes through? Tenant is a weekly one and has not signed any agreement to keep place m repair. (2) Tenant has done everything to exterminate bugs m the house, but to no purpose. Now it i 3 m furniture and everything. Has he grounds on which to claim damages from landlord?— "Baldie" (Wellington). A.: (1) Tou cannot call upon the landlord to .keep the place m repair unless he has expressly agreed to do so. (2) There is no possible chance of succeeding on such^a. claim unless you can prove that the landlord warranted the house to bp free from bugs— and this is hardly likely to have happened. , . Q.: Tenant rents unfurnished room at 25s per week, payable m advance on each Wednesday. Tenant gives notice on Saturday of his intention to leave on the following Tuesday, the rent having been paid to the Wednesday, Landlord demands week's! rent m lieu of notice. Can landlord do this? —"Urgent" (Wellington). A.: If the tenancy was a weekly one then you, must give a week's notice or. pay a week's rent. A recent New Zealand decision laid down that the notice must be one which expires at the end" of a period week, so that the notice given on the Saturday would be ineffective. You would therefore be liable to another week's rent m lieu of notice. Wages and Pensions: Q.: Can a New Zealand war veteran m receipt of military pension also draw the old ago pension? — "Veteran" (Te Aroha). A.: Yes; you are allowed an exemption of £52 per annum. The war pension therefore is no bar to receiving the old age pension. Q.: (1) Does new scale of pension granted by Government last session come into force at once? (2) Does the 2s 6d per week extra apply only to those who have no income or property? — "Native" 'Invercarglll). A.: (1) Yes; it is now m operation. (2) The extra 2s 6d weekly applies only to those pensioners who have no means other than their pension. Q.: Can widow whose husband died m November, 1918, epidemic while on leave from camp claim pension if she has since been left an income for life? — "J.W.T." (New Plymouth). A.: You can lodge a claim to the pension, but the full pension of £1 5s per week is reduced by £1 for every pound of income from other sources, so that it depends on the amount of your annual income whether or not you would receive anything. Q.: For. how many years must applicants for. old age pensions have resided m New Zealand, and where is application for pension made? — "E.S." (Hawera). A.: The period is 25 years' continuous residence. Apply to the clerk of court m your town. Q.: B takes position as a general laborer under no agreement as to wages and under impression that he will be paid a minimum wage of 13s 4d per day. He receives Is 6d per hour. Is there an award wage for laborers and tradesmen? Has payment to be. made m cash, and has emploj^ee to sign for. same? — "Golddust" (Otaki). ; ■ A.: There is no award for general laborers; There are awards for the different trades, but these, apply to tradesmen and not to laborers. All payments of wages must be made m coin or bank notes unless the worker agrees to accept • payment by uncrossed 'cheque or order. As receipts for wages are exempt from, stamp duty, and as the Stamp Act, which is the only legal enactment imposing any legal obligation to give a receipt is restricted to receipts not liable to duty, it follows that the employee cannot at law be compelled to give a receipt. Mortgages: Q.: (1) Is it legal for a Crown Lands Ranger to seize stock and other property mortgaged to. His Majesty the King and to sell same privately? Should it not be sold by public tender or by public auction? (2) A horse, upon security of which the Government advanced £20, has been taken and sold privately by the Crown Lands Ranger for that sum. Has the- Crown any right to do this, and is there any redress? — "Crown Lands" (Blenheim). A.: (1) Yes, if he was duly authorised to do so. A private sale m pursuance of the power of sale is just as legal as a sale by public auction. A mortgagee selling privately apd not by auction gives the purchaser a perfectly good title, but he runs the risk of being charged with selling at an undervalue. He must obtain the\best price possible. If you can prove that, say, £40 could reasonably be obtained you can sue for the difference. Q.: (1) Is it necessary to have an extension of a third mortgage executed if mortgage is not to be paid off on due date, and must it be prepared by a solicitor? (2) Person lent money without any security , being given and part has been repaid. Is it necessary to have a new acknowledgement of balance as time for repayment is up? — "W.R.W." (Hawkes Bay). A.: (1) It. is advisable to have the new arrangement reduced to writing. The costs would , be i payable by the mortgagor. A solicitor's services are advisable. (2)- An (acknowledgment m writing by the debtor of the amount owing should bn secured unless you intend taking proceedings almost immediately for recovery of the money. Wills: >'•■' ; . Q.: Wife dies intestate. House on time payment. and insurnnce^on furniture m her name. Must husband take out Letters of Administration, and howsoon must he do so?— "B.B." (Auckland). ' A.: Unless title to the property has been taken you could possibly arrange with the vendor to have the transfer made direct to you. .If title has. been taken, then Letters- of ' Administration are necessary. They can be applied for at any time, but after one year after death the , reason for delay must be shown. v Property Rights: ' Q.: Person drew up deed of settlement of money m 1901 m England. Has been living .m New Zealand for 21 years. since and a relation collects all moneys and sends them to New Zealand.'; Can the' deed be annulled so that person may; have money: m New Zealand? And what are the proceedings m connection with same?-r"K;R." (Wellington). ; " A:: If the deed of settlement conr tains a power to' revoke the settlement you can exercise it at any time and annul the deed.;; Once annulled, you could do as you liked with the settled

property. Please send a copy of the deed, or, if that, is not procurable, a statement of its terms. Q.: Is tenant liable to repair windows m house broken by person throwing stones and by small boy? — "James" (Dannevirke). A.: Yes. The tenant is under an Implied obligation to keep the premises m repair. Q.: A man owns a section at the corner of two roads meeting at an acute angle. For last 10 years he has' had/a gate across the angle. The triangular piece of land has .been used as a footpath and has. been kerbed and channelled by the borough council for eight years. Does this triangular piece of land become, by public usage, a part of the road or not? —"R.H.L." (Auckland). A.: You must search the title to the land m order to ascertain the exact legal position. . If the land is Deeds land then it would take.2o years uninterrupted and adverse use m order to give, title by prescription as it is called; but if the land is Land Tx-ans-fer land then adverse title cannot be obtained by any length of user. Q.: A Maori verbally agreed to let a piece ol land for a certain term to a European for grazing, but after the latter had put his sheep on the land refused to let him stay the full term. Can Maori sue the other for rent for time for which sheep were grazed? — "Farmer" (Opunake). A.: Any such action by a European owner would be met by a counterclaim for damages for breach of contract or the tenant could sue for specific performance of the verbal agreement setting up the possession as part performance. • But under the Native Land Acts a verbal lease is not binding on a native lessor. Every lease must be confirmed by the board or court, and moreover must be executed with the prescribed formalities, translation, etc. Part performance counts for nothing, and the cases show that the agreement cannot be set up by way of defence. The Maori therefore cannot sue under the agreement for the time the tenant occupied, because the agreement is legally nonexistent, but he may be able to recover for use' and occupation for the actual time the sheep were on the land. The cases as to this are contradictory, but they seem to show that if the tenant removed the sheep as soon as he knew the lease was off then he is npt liable to pay,: but if knowing the lease was not to be completed, he still kept his sheep there then he will be liable for fair compensation. Legal: Q.: Club has three tennis courts m public domain. Some members of Domain Board object to Sunday tennis. Can Domain Board stop Sunday tennis or must matter be decided by public vote? —" Tennis" (Waimana). A.: The Domain Board by majority vote can prohibit Sunday "tennis on its grounds, and a public vote on the matter is not a legal necessity but could be agitated for. If the courts are leased to the club, then m tlie absence of a contrary clause Sunday play would be m order. Q.: Person borrowed £25 from a moneylender to be repaid at 15s per week. Person has to pay back £35 m all. (1) What is the rate of interest per year? (2) Is money lender • allowed by law to charge such interest?—" Anxious" (Devonport). A.: (1) The rate of interest is not less than 65 per cent. (2) Provided he is registered under the Moneylenders Act, he is allowed to charge whatever the borrower will pay, butthe borrower has the right to apply under the Act to have the transaction re-opened if it was a harsh and unconscionable bargain. In order to decide this the whole of the facts would have to be looked at. The question is whether the; rate charged is excessive with reference to the risk run. Q.: Is a boarder bound to pAy a i'etaining fee for a room during time that he is away, and, if so, how much? — "M.M." A.: This is all a matter of arrangement between boarder and proprietor. It is open to you to say that you do not desire to retain the room during the holidays, m which case you would require to remove your things and run the risk of not being able to resume the room oh your return. It is usual to pay a retaining fee and the amount can be fixed only by agreement between the; parties. Replies m Brief: "H.T.P." (Ellerslie) and "W.R." (Auckland): Answered elsewhere m this issue. —"Alpaca Coat" (Palmerston North): He was busy with his Christmas shopping on that date. —VW.B." (Ohiro Bay):.. The, cirpumstances are distressing, but we cannot see that it is the duty of the Government to provide public telephone m remote places of limited population, on the, chance of an accident happening .there. No doubt, as the place grows, some one will secure the telephone service. — "C.H.T." (Auckland): The information you seek is obtainable m the .reference works of the Public Libraryi— "Backblocks" (Hawera): In every business there are black sheep and white, sheep. General accusations against the business are not fair to the white sheep. Accusations should be specific and should be supported by evidence, as they were m the case recently, reported m "Truth." But, while'there is much truth m what you say about fire insurance companies, "Truth"' objects to publishing an indictment built up of generalisations. —"al.W." (Stratford): The photograph is that of the man's son. —"R.L." (Wellington): There is no such clock m. existence. Electricity is the motive power m the rfewer clocks at Greenwich and other observatories. — "Butcher 1' (Tomoana): Sorry we haven't the information. — "E.C.8." (Foxton): Recipe fonvarded. —"W.H.S." (Springdale) :■ Answers to your questions would be highly'ar^u-" mentative. ' What is a cure, anyway?