LAW QUERIES.

Otago Witness, Issue 4085, 28 June 1932, Page 44

LAW QUERIES.

(Answered by a solicitor oT the Supreme Court of New Zealand. Letters and Telegrams must be addressed to " LEX,” c/o Editor. Otago Witness, Dunedin.] “Anxious No. 2 ” asks : “ Can a man run a daily service on a defined route to a regular time table with onlv a taxi license ? ” No. o o o “ Subscriber.”—(l) Any stock and station agent will sell the skins. (2) The delay is prejudicial to your claim. Aou should, however, refuse to pay for the dog. (3) Your wages must be paid. o o o “A B C ” asks : “Am I infringing any patent rights if I make Champion egg crates for my own use ? ” If there is a patent with regard to Champion egg crates you are infringing the patent bj’ making some for your own use. o o o “Anxious.”—(l) You could make a written application to the__superintendent, Anglican Orphanages, Dunedin, or to the superintendent, Presbyterian Social Service As>ociation, Dunedin. (2) This is a matter of arrangement with the orphanage. o o o' “ Gift Duty ” asks : “ What is the maximum amount I can give annually to each member of my family without being liable for gift duty ? ” The maximum amount you can give by way of gift or gifts during the year without being liable for gift duty is £5OO. o o o I. F. C. asks : “I am 16 years of age and earn £1 per week wages. Am I liable to pay the shilling in the pound unemployment tax ? ” The liability of a male person to pay unemployment tax commences at the age of 20. o o o “ Subscriber ” asks : “ I am driving a car along the road and a man on push bike is in front of me on his wrong side of the road. I blow the horn three times, and still he keeps on his wrong side. I pull out and pass him on my wrong side, and he crosses over and runs into me. An accident happens. Who is at fault ? ” You are both at fault. o o o R. J. L.—The interests of the shareholders are governed by the articles of association of the company, which deal with the rights of the members of the company amongst themselves. If the 130 shareholders are not represented at the meetings of the company, they should make a point of being represented at the meetings of the company in order to protect their own interests as shareholders. • o o o “ Idea ” asks : “A invents and protects a patent to eliminate a certain defect in a machine. B. after seeing A’s patent, finds that by making certain alterations to A’s patent he can make it more effective and give greater satisfaction. Can A stop B from making the appliance and selling it ? ” It is a question of fact whether B is infringing A’s patent or not. If B wishes to test the matter he should apply for a patent for his machine. o o o

“Debenture” asks: “(1) Will 51 per cent, debenture bonds be reduced below 5 per cent. ? (2) What time elapses when gifts of money are not assessable for death duty tax ? (3) In the election of a school committee has a man and wife living in the same house both a vote?” (1) Yes, there would be stamp duty at the rate of threepence for every two shillings and sixpence or fractional part thereof included in every interest coupon or interest warrant. (2) Three years before the death of the testator. (3) Yes.

“Inquirer” asks: “(1) Is income tax payable on gross or net income ? (2) Alust all farmers send in returns ? (3) How much is a farmer allowed free of income tax ? (4) How is a partnership (in farming) affected ? ” (1) Net income. (2) All farmers in receipt of income from farming where the unimproved value of the farm la#ds used or occupied is not less than £3OOO or in receipt of income from the use or occupation of any pastoral lands of the Crown administered by a Land Board must furnish a return. (3) £260 per annum. (4) Each partner must furnish his own return, specifying his share in the income of the farm.

“Fairplay” asks: “(1) What would be the cost of transferring the wife's share of a property, now held in the joint names of husband and wife, to her husband so that the said property will be wholly in the husband’s name ? The value of the property is approximately £5OO. (2) What is the cost of transferring a half-share in property . valued at £3OOO (Government valuation) held by wife only from her to her husband ? (3) What is the difference, if any, of the cost of the wife making a gift\ of half the property as compared with the husband buying his half-share from his wife ? ” (1) If the value of the property does not exceed £5OO the solicitor’s fee would be £3 6s and out of pocket expenses, say, £3 10s. (2) The gift duty would be 5 per cent, on £l5OO. (3) The gift duty would be the same.

“ Interested ” asks : “ I have been employed in a motor garage as mechanic for 16 years, starting to learn the trade at 15s per week for 12 months, and gradually working up to £4 5s per

week. I have never worked under award wages or joined the union. When the depression set in last year I was put off at a moment’s notice. My employer promised to give me week about; however, he never gave it to me. The inspector of labour called in and wanted to know why I was not getting more pay. My employer refused to give higher wages, so I got a permit to work for £4 5s per week — this was two years ago. (1) I have dates of work done after ordinary hours and on Sundays, for which I received no pay. Could I claim overtime and yhat rate of pay ? (2) What way would I proceed to recover same?” (1) and (2) As you are not working under an award you cannot claim overtime.

“Hard Pushed” asks: “Am I right in considering that 1 should get a reduction so as to bring my interest payments to 5 per cent. ? Under the advance to workers scheme I was granted a loan for building a house on August 14, 1930. Amount of loan, £625, repayable in half-yearly instalments; term of loan. 30 years. Half-yearly payments are £23 4s Id, with a rebate of £1 10s 9d if paid within 14 days, making actual repayments £2l 13s 4d, each of which has been paid to date. The repayments consist of interest £l9 10s Bd, and the balance is repayment of loan money, so that with the rebate off I am paying in interest £l7 19s lid. The interest on £625 at 5 per cent, is £l5 12s 6d half-yearly, so I consider I am entitled to £2 7s 5d reduction. (1) Am I right? (2) Should I have to apply for same ? ” (1) The reduction to 5 per cent, applies to State Advances mortgages. (2) You should make application for a reduction of the interest to 5 per cent.

* Sorgly Perplexed” asks: “(1) My late wife died over a year ago, leaving me two cottages, one of which is mortgaged. The mortgage falls due or matures on August 1 next, and the mortgagee has advised me that the mortgage must be paid. I have no means of paying, and I presume my best plan would be to hand over the house to the mortgagee, although it is valued at -£2OO above the mortgage, or could I claim that the mortgagee allow the mortgage to run on indefinitely at the recently reduced interest of £5 4s per cent. ? (2) The other house, which was not mortgaged. I had to mortgage so as to obtain cash to pay a number of debts caused by my late wife’s illness. If the first house does not realise enough to pay the mortgagee can he claim on the second house also ? (3) Should I be acting wisely and legally if I assigned or gave all my estate to a relative to avoid being sold up by the mortgagee ? ”■ (1) If there is an equity in the property, you should endeavour to obtain the mortgage money from other sources. (2) No. (3) No.