LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIII, Issue 135, 9 June 1932, Page 21

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-LAW.) R.W.—You should apply for exemption. DOMESTIC.—You are not exempt from the tax on income from sources other than salary or wages. INQUIRER. — (1) As from April 1, 1932, your rent is reduced by 20 per cent from the rent that would have been charged 011 the Ist January, 1930. Unless there are special circumstances your rent will not be reduced by more than one or two shillings. (2) The landlord may terminate tlie tenancy at any time by giving notice. No compensation is payable. HARD UP.— (1) See answer to "Inquirer" above. The cost and valuation of the property are not relevant in considering wiiether the reduction applies. (2) You may terminate the tenancy by giving the appropriate notice if the tenant does not accept your proposal. Vou should not (lo this unless you are certain that you could re-let at your own figure. VITI (1) You must allow a reduction of 20 per cent from the rate of interest prescribed by the mortgage, that is 7 per cent less 20 per cent, at' from the Ist April, 1932. (2) Subject to the rights of the mortgagor to apply for relief under the Mortgagors' Relief Acts vou may insist upon the repayment pt principal. Whether the mortgagor would obtain relief depends on numerous factors not mentioned by you.

ECONOMY. —See answer to inquirer above. LEASE.—The 20 per cent reduction in rent applies. ANXIOUS.—UnIess it is manifestly in the interest of the child to remain where it is, the parents have the right to its custody. R.H.— (1) You have already received reductions in excess of 20 per cent, and are not entitled, to n further reduction (2) If duly authorised by the owner, the owner's husband may give you notice. SEEKER.—You are entitled to a reduction, i'our instalments should be adjusted accordingly, and you should insist on this being done before the end of this month. WORRY.—You must give notice under the Mortgagors' Relief Acts to enable the mortgagor' to apply for relief. Probably you will be able to arrange for the rerit to be paid to you in futnre. WIRftLBSS.—You may claim the amount required to put the set in working order in terms of the guarantee. The offer made by the siller is in effect an admission of his liability. ANXIOUS. G.L.—You are liable to pay the tax of 1/ in tb£ & on yoilr net income for the year ending 31st March, 1932. Your net income includes the profit from the shop ana the rent from the adjoining shop less rates, insurance and depreciation. The first £20 of your income is exempt from the tax. SEPTEMBER.—You could approach your mortgagee yourself and put your pjoposal to him. If he refuses and tak-es any steps against you, apply for relief, iri your case your proposal la reasonable, and the Court would probably give you the relief you seek.

CORONA.—If jour total income is under £ 100 per annum you may apply for a refund. The tax was corrcctly assessed. KING COUNTRY. —Unless you can prove an agreement to {rive you holidays on full pay you cannot enforcc your claim to payment. MYSTIFIED. —The expression "on trust'' implies tliat. the trustee as executor to whom preperty is transferred or giveii "on trust," does not obtain a personal benefit from the property, but holds it for the purposes set out an the win. Duty will be payable if'the value o £ the estate exceeds £1000. IN A FlX.—Your rental should be reduced to 56/ as from the Ist April last. As, however, Tour landlord, reluses to allow you to occupy at that rent, you must choose between claiming the reduction and leaving. A MALLET. — (1 nnd 2) The solicitor is entitled to retain the money paid ng part of his costs, but must, of course, give you credit for it, unless the money was actually used in paying Court fees. (3) The Law Society has no right to the money. It was yours and must bo spent on your behalf, that is either 111 paying your Court fees or your solicitor's fees, or be repaid to you. PINE TREE. —If the trees have been planted within six months you may take proceedings to have y°» r neighbour convicted of an offence under tn . Fencing Act. You may, after he: has been convicted, destroy the trees planted on or alongside the boundary. It may be possible to arrange an agreement with your neighbour that he will remove the trees or will restrict tft<. height to which they will be allowed to grow.