LAW QUERIES.

Otago Witness, Issue 4030, 9 June 1931, Page 44

LAW QUERIES.

[Answered by a solicitor of th« Supreme Court of New Zealand. Letters and Telegrams must ba addressed to “ LEX,” c/o Editor, Otago Witness, Dunedin.] F. A. J. W. asks : “Has a farmer owning property with an unimproved , value of £7500 to pay both land and income tax if sufficient income ? ” Yes. “Doubtful” asks : “(1) What is the cost of a divorce. (2) If the couple have been separated for a number of years does it make anv difference to the cost?” (1) About £25. (2) No. “ Constant Subscriber ” asks ; “At the beginning of next month I intend paying off a mortgage of £350. What -will be the legal charges of discharging the mortgage ? ” Solicitor’s costs, £1 Ils 6d, and out of pocket expenses, say, 12s 6d. “ Subscriber ” asks : “A couple with one daughter adopt a boy who is no blood relation. Can the adopted son marry the daughter’s daughter ? ” No, the adopted child is deemed in law to be the child born in wedlock of the adopting parents. “ Anxious ” asks : “A woman applies for a separation order against her hbsband on the grounds of cruelty, and is unsuccessful. Immediately afterwards her husband leaves her, and she has not seen him for over seven years. Can she apply for divorce on the grounds of desertion ? ” -Yes. “ Ratepayer ” asks : “ What is the comamission due and payable to. an auctioneer for selling at public auction on a rental vahie alone for a term' of 10 years an area of leasehold land ? ” Sale of leaseholds are the same as freeholds plus. 5 per cent, on the annual rental. “Inquirer” asks :“ Can a creditor, after nine years, .claim a debt ? The account was asked for at the time, but was received only seven months ago.”The creditor can sue for the debt, but the debtor can successfully defend any action brought by the creditor on the ground that the debt was incurred more than six years ago. “Farmer” asks: “I have a farm which is heavily mortgaged. (1) If I go out of ■ it, can the mortgagee make any claim against my wife’s bank account, which represents her savings before we were married ? (2) Would I be safe in making a fresh start on her money, putting the stock in her name ? — (1) No. (2) A fresh start could be made with your wife’s money. “Anxious”'asks : “(1) My grandfather left my father £lO,OOO worth of property for life, then to his children. If he and the children decide to sell and divide during his lifetime, would there be any death duties to pay when " he died ? (2) If so, how much ? ” (1) If tlle fatlier made a gift to the children of his interest in the estate, gift duty would require to be paid on the amount of the gift. If the father lived for more than three years after making the gift, there would be no death duties on the father’s estate. (2) The estate duty is at the rate of 6 per cent on an estate of the value of £lO,OOO. “ Crusoe ” asks : “A Neyy Zealander is engaged by a New Zealand organisation with headquarters in New Zealand to do work in the Islands. He is instructed to open an account in a Sydney bank, and quarterly his account with the bank is credited with the amount

of his salary. All money is paid from the New Zealand office through the one in charge of the Islands district. On returning to New Zealand he finds he loses a considerable amount owing to the difference in value between the New Zealand and Australian pounds, or, in other words, his salary as paid in Australian money is less than the stated amount if paid in New Zealand pounds. (1) Can the organisation be legitimately requested to make up the loss ? (2) In the future can it be asked to make payments into the bank the equivalent of the salary as paid in New Zealand ? (3) Can it be asked to pay to an authorised person in New Zealand the salary as it falls due (this person sending on amounts as requested) ? ” (1) No, not unless at the period of engagement the organisation agreed to pay the salary free of exchange in the Islands. -(2) No. not unless the definite agreement between the parties was that all moneys should be paid free of exchange in the Islands. (3) Yes.

A report of the Publications Committee submitted to the General Assembly of the Presbyterian Church stated (says the Wei lington Evening Post) that the Rev. G. H. Jupp had been appointed acting-editor of the Outlook, the official paper of' the Presbyterian Church. It had been agreed that an effort should be made to improve the form of the paper by some changes in the distribution of material, and in. the reports of the assembly committees. That had been done without extra cost, and it was thought that an improved appearance •had been effected. The report was received. The Advisory Board had recommended. inter alia: “That the Publics tions Committee give careful consideration to the publication of advertisements that appear to be in opposition to assembly schemes and decisions.” After some discussion, it was agreed that the committee should be authorised to continue carrying on the existing arrangements.

In view of the unsatisfactory results of indiscriminate consigning to numerous Continental brokers (says the mid-season report of the Otago Provincial Fruitgrowers’ Council) the Fruit Board asked for the co-operation of Otago shippers m having all New Zealand fruit distributed from the Hook of Holland to the main marketing centres, with a view to securing more even distribution and utilising the most suitable brokers. Otago shippers generally have fallen in with the suggestion, with the result that two direct loadings have been available at Dunedin, and transhipment has been avoided at London with a corresponding reduction in freight and deterioration through double handling. The results of the experiment will be awaited with interest, although owing to the unfavourable season the quantity of Otago fruit of sizes suitable for the' Continental markets has been comparatively small.

How an old soldier received a medal more tMm 60 years after it was earned was told at the King’s Empire Veterans’ luncheon in Auckland last week. Mr James Thompson, who is now 81, fought in the Maori War with the 3rd Waikato Regiment, but neglected to apply for the medal to which he was entitled. Some months ago he became an inmate of the Veterans’ Home, and Major Wallingford, the superintendent, immediately forwarded his claim to the War Office. The old man’s credentials were turned up, and everything was found to be in order, his record of service having been on the files for over half a century. The medal was immediately forwarded. Mr Thompson was also entitled to a New Zealand war pension of between £4 and £5 a month, which he now receives. Unfortunately he had no claim to the arrears through having failed to make an earlier claim.

“ Never let us forget that the most brilliant pages in history are the stories of brilliant failures; men and women who dared and died and upon whom, the world sneered and sometimes spat,” said the Rev. D. Gardner Miller in the course of an address given to members of the Canterbury Justices of the Peace Association (reports the Christchurch Press). “Never doubting the reality of their call, these men and women who made British history obeyed the urge that drove them forth; They conquered by* simply continuing. A certain radiant and quiet doggedness marked them.. In , the logbook of Columbus there is .one entry more common than all others. It is not ‘ To-day the wind was favourable.’ It is ‘ To-day we sailed on.’ That is the slogan of British pioneers.”

In view of the present economic depression and the’slump in the timber trade, the Sawmillers’ Federation and the Fruit-, growers’ Federation have been in close co-operation (says the mid-season report of the Otago Provincial Fruitgrowers’ Council) with a view to increasing the percentage of local timber being used for fruit cases exported from New Zealand. This has resulted in the parties coming nearer to finality than ever before, and it is hoped that as a result considerable business will eventuate. Unfortunately, this is not likely to represent much relief to Otago and Southland millers, who have enormous quantities of beech available, against which there is a prejudice in the north, mainly owing to the fact that the only timber hitherto supplied has been made up wet, with the result that the case has not been satisfactory. The Southland sawmillers are now prepared to cut the boxes from dry timber, and if this can be done satisfactorily every effort should be made to secure for local millers a good proportion of the orders available.