LAW QUERIES.

Otago Witness, Issue 4048, 13 October 1931, Page 44

LAW QUERIES.

[Answered by a solicitor of ths Supreme Court of N ow Zealand. Letters and Telegrams must be addressed to "LEX,” c / 0 E( n tor/ Otago Witness. Dunedin.]

Inquirer ’ asks; “Wife leax’es husband for another man. The husband has not seen or heard of her for seven years. Can he remarry without obtaining a divorce at ter that period ? ” No. 0 O o L. R. W.—-(1) If you act in the manner suggested in your letter you may bring suspicion upon yourself. You should inform the relatives and leave it for them to take action. (2) You should not oiler to make any payment in the matter. o o o J. M asks : “A parent makes his son a gift of a mortgage of £5OO. (1) Under the nexx assessment of income for unemployment tax, does the son have to give his income for the year as £5OO, considering that he has no other income. as he is unemployed ? (2) Does lie have to give his income as the interP) y l , Glls suin only?” (1) Xo. 0 O o lv i V' aaks : ‘ man ets l‘is freehold farm to his son for a term of t nee years stock and implements included, at half the market value in order to give him a start. He also gives him the option of a further three .tears. Can the farm be mortgaged or sold while that lease is in force ? ” les. the farm can be mortgaged or leased subject to the lease. -o o o 1 hirty Years' Subscriber” asks: “I engaged a boy to ride a jumping horse at '? n i A'i and - P '. Sho 'y- H(i is to receive halt the xvinnings, if any, as remuneration Suppose there is an accident and the boy receives injuries: (1) would 1 be hah e for compensation for such injuries? (2) If so. in what way can I protect myself?” (1) Yes.' (2) By taking out an employer's accident policy. 0 o ’ o Interested asks : “I 3 the eme'gency tax or threepence in the pound on xx ages and incomes payable in the folh W ;.!,V aSes: ~ f - 1) A <lerive " an i’xome or a year from money lent out on investment at 5 per cent, interest and dividend from insurance shares. (2) derives an income of £l7O a year from certain money lent out at o' per interest and £ 1° ( ) a year (illellldnig board and lodging I xvorking on a farm. (1) Yes. (2) Yes. o O o Slump asks: “A man has £6OOO lent on mortgage, for which he should receive £360 per annum. He has not received any interest for the past vear and there is not much chance of' him ever receiving it. (1) Has he to pav threepence in the pound tax for this money he cannot collect? (•’) If so "hat, is the amount he will have "to rr 1 . a » exemption? (4) lias he to pay ordinary income tax as well " (]) and (2) No. (3) He must pay tax on txvo-thirds of his income. (4) Yes.

Anxious. You should not have signed the bill of sale. You should resist payment ot any commission. If the solicitor presses the claim for commission, you . should instruct x’our solicitor to defend any action brought of X St i n O "f i 2) U ’ l,ess hy signing °i - r ot sal ? - vou liav e made vourself liable, you should resist anx- claim tor payment. (3) To make the agreeinent binding the alteration should be initialled by the parties.

Interested No. 2” asks: (1) WJj-h ithe amount of royalty per ton on' linite coal to be paid to the Government"? (~) Lan a holder of freehold land t a "- 11ner take coal therefiom . (3) Is it necessarx- to <wt a license to sell lignite coal ? '* (») Not less than twopence per ton nor more than one shilling per ton on the output of all marketable coal raised under the poxvers of the lease. (2) Yes. (3) No, it is not necessaiw to get a license to sell the coal, but'before a mine can be worked there must be a .'certificated or permitted man in cnarge or the xvorking.

0 o o Curiouls” asks : “(1) Does the new taxation on unearned ’ incomes include d x ideiids from public companies on xvhich income tax has already been paid the dnudends were' distributed ? I-1 Why is it called ‘unearned.’ xvhen in many cases it is the savings of years of hard xvork and self-denial on the J.Vyt . O 1 a small investor ? " (I > No lhe income from dividends from public companies is included for the purpose ot the unemployment tax only. (o) lhe word is an unfortunate one. and is ottly used for the purpose of the 1 axing Act. •

o o o G - W- asks: “In the course of 30 vears I have saved £l2OO. Some of it 'is in tne Rost Office Savings Bank and some on fixed deposit. It brings in about £oo a year and this is all the income 1 nave. (1) Can a woman over 60 years of age have a small annuity of £4O a year, bought with capital that she has saved, and receive the old pension ? (2) Hoxx- much is the old age pension?” (1) The pension is ri per y ear ’ diminished by—(a) £1 for every complete £1 of income in excess of £52; (b) £1 for every complete £lO of the net capital value of all accumulated property of the pensioner. (2) £45 10s.

Cinch’ asks : “(1) Would a New Zealander have the same difficulty in gaining admittance to Chile or Argentina as citizens of those countries have in landing in New Zealand ? (2) Is ignorance ot bpanish apt to be a bar ? (3) l 9 a person born in Argentina of Nexv Zealand parents entitled to claim British citizenship ? It should then folloxv that one born in Nexv Zealand of Argentine parents may be of his parents’ nationality ? (4) In either case, the country in xvhich he xvas born and

resides,but of xvhich he is riot a citizen, being at xvar, is this person exempt iroin military service ? (5) That being so, this status of foreigner in one’s native country seems to have its advantages. What counter-balancing disabihties exist ? Can he claim a vote bbder either (or neither) flag? (6) VX hat c aim, in the last resort, beyond a moral one, has Britain (or Argen--tir ia) 011 her distant citizen?” ”(1) A 2s ew Zealander would be subject to any restrictions imposed by the law of th He or Argentine. (2) Yes. (3) Yes.. (.4) Yes. (o) An alien cannot hold liroperty, and i s subject to other dis- '?<•< has 1,0 voting power, (b) lhe Crown enjoys the right of recalling subjects from abroad. Dis--obedience to the order renders the persons property in the British realm-, liable to seizure.