LAW QUERIES.

Otago Witness, Issue 3995, 7 October 1930, Page 46

LAW QUERIES.

[Answered by a solicitor of the Supreme Court of New Zealand. Letters and Telegrams must be addressed to " LEX,” c/o Editor, Otago Witness, Dunedin.)

“ Tax ” asks : “A man has £6OOO lent at 6 per cent. (£360 per year). That is his total income. What amount of income tax should he pay ? ” £1 15s. \ “ Housekeeper ” asks : “ Can a brother of your employer discharge you after being 13 years in a situation, without any cause, and wages paid by employer ? ” If the brother is authorised by your employer so to do, he can discharge you. H. asks : “A farmer is burning gorse on a main highway, along which cars are passing every few minutes. The smoke from the fires is completely obscuring the road. If an accident happened through the smoke, would the farmer be liable ? ” No. “ Uncertain.”— (1) No. In order to safeguard your own interests you must pay the sum of £8 10s first to the company. (2) The, insurance company would not need to sue you,. but could refuse to recognise any claim under the policy. (3) No. (4) In order to have any claim whatsoever against the insurance company, you must first pay to the company the. sum of £8 10s as agreed by you. This payment goes to the root of your claim under the insurance policy. “ Interested ” asks : “ (1) Has the Australasian Performing Rights Association power to compel a public or private hall committee to pay it £1 5s a year if dances are held ? (2) How long has the Act been passed ? (3) Can the association charge £1 Is for a single night’s performance if the hall committee does not have a license ? (1) No. (2) No statute has been passed on the matter. (3) If you are using copyright of the association you will require to pay the fee prescribed by the association. “Anxious ” asks : “ While motoring I Was approaching a rider followed by a dog. . The dog kept well behind the rider till the car was nearly opposite, then it suddenly ran right at the car. Although I tried to dodge it, it was struck by the front wheel and its leg broken. I was right over on my side of the road, and travelling between 25 and 30 miles, but slowed down, and afterwards stopped to see what damage had been done. I was informed I would have to pay for the dog. Can a claim for damages be made against me ? ” No. “ Country ” asks : “ I have applied for a Government mortgage. (1) If it is granted, how long sball I have to watt for it ? (2) How soon could the business be fixed up ? (3) What would be the total costs of expenses for solicitor and transfer?” -(1) and (2) It is impossible to say how long you would require to wait for the loan or, when the business would be completed. (3) You do not state the amount of the loan. Your best course is to write to the State Advances Department, Wellington, for a pamphlet giving the expenses in connection with State Advances loans.

F. T. asks : “I hold a first mortgage over a farm, and it is a long time, overdue. The mortgagor has had three months’ notice to pay off the mortgage, but he cannot get the money. Not wanting to be hard on him, I have promised him ■ an extension of two years. He has had the farm subdivided, and has sold 200 acres on sale-and-purchase. for which be received £1 per acre deposit. He holds .the deposit. Is he entitled to hold the deposit, or should he pay it over to me in reduction of the mortgage ? ” The mortgagor is entitled to hold the deposit. Before you release the part of, the land, from your mortgage you can compel the mortgagor to pay the whole or such part of the purchase money as you think fit. You can also refuse to. release any part of your security until the whole mortgage moneys are paid. “Fairplay” asks: “A local architect called public tenders for the erection of a dwelling for a client of his. I personally interviewed the architect, and asked him for the plans and specifications, which -he agreed to let me have. I received a letter instead, which read as follows:— ‘ I have considered your application for plans, and on inquiry find that your building experience is somewhat limited. I think

that in attempting to carry out your work under an architect you may find that you would have difficulty in reach-, mg the required standard, and also iq finishing within the time limit. I think, therefore, that you would be well ad, vised if you refrained from tendering/ On ’phoning him a second time, fie de, dined to give me any satisfaction, Would I have sufficient grounds for q case of libel against him, as I am a bona fide builder and hold credentials from leading architects, but have not done any building locally, being her<s only a short time ? ” No.