LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXII, Issue 243, 15 October 1931, Page 21

LEGAL INQUIRY COLUMN.

(By BARRISTER AT LAW.)

[Letters of inquiry will be answered every week in this .column. As far as possible" they: will be dealt with in the order in which they are. received, and replies will be inserted with the least possible, delay.]

PRESENT TIME.—The agent's claim is no longer enforceable. INTERESTED FKIEND.—The beneficiaries should sue the trustee for an account. He is not entitled to retain the trust property, though he is entitled to be reimbursed l'or any payments he may have made to preserve it. Rates, of course, should be paid by the lessee, and cannot be charged up by him against the estate. 3RATEFUL. — Only persistent Inquiries and judicious advertising are likely to prove successful. The money, of course, may have been invested in a worthless enterprise or scrip. THOMPSON.—'You are not liable for the levy, nor for the tax, as your income from your business is negative, and you are otherwise exempt. PUZZLED.—Your letter does not make it clear whether you are a partner or an employee paid-on a share baßis. If you arc a partner you will pay 3d in the £ on two-thirds of your income from the business for the year ended March 31, 1931. If you are an employee, apd I incline to think you arc, then you should pay 3d in the £ 011 all wages received since August 1. Your employer should deduct this amount every time he pays you, and buy, unemployment stamps with it. Both you and he are liable to penalties if this is not done. PER ASTRAS.—<I) You should, strictly, send in a return, although you are not liable to income tax. (2) You are not liable for the levy or tax. I am, of course, referring to your liability and not to your husband's. SlG.—There is no fixed limit. Any transaction which the court considers unconscionable will be re-apened and a suitable adjustment of the moneylender's charges made. SUPPORT.—You should take proceedings in court for separation and maintenance. . You will probably obtain an order for costs in your favour. Your husband has no claim on your assets. DUBIOUS. —The solicitor's fee is reasonable. A solicitor will not, as a rule, collect an individual private debt on a commission basis, especially a small debt such as yours. TOBY.—(l) No. (2) Gambling debts are irrecoverable; however, they-> may be disguised. (3) No. ' EQUITY.—There- is no need to, invoke the aid of the Court if you are in agreement. Your solicitor can draw up a mortgage or charge to secure the money. PERPLEXED.—(I) If the deeds are reasonably decipherable they will still be of use. (2) It, is foolish to keep deeds where they are exposed to theft or fire. A strongroom is the only proper place for deeds. OLD TIMER.—You are both entitled to a pension. HUTT.—You may sell at whatever price you like, but it is possible that you will have, to repay the mortgage on a sale, but you, will have the purchase money available for this purpose. In general, however, you may sell your equity for whatever you like. PARTNERS.—The moneys are partnership property. If you cannot agree as to their disposal you had better wind up the partnership. If not used for amortising the partnership debts the moneys should be divided as profits. Your share, as, you call it, has in effect been divided, because it has been spent on the partnership property and accordingly benefits you both. DUMBFOUNDED. — The claim is by no means as ridiculous as you imagine. It is surely not unreasonable that you should be asked to pay, because if you do not, the general taxpayer, who is more remotely interested than you, will •, : v > have -to do- so. •.•I l ithink, however, that the board has no legal claim, though it may be that a magistrate would give - ■ judgment against you in equity and good conscience.