LEGAL INQUIRY COLUMN

Auckland Star, Volume LXVII, Issue 233, 1 October 1936, Page 26

LEGAL INQUIRY COLUMN

(By B A It RISTER-AT-LAW.) [Letters oC inquiry will bo ansnvercd every week in this column. As far as possible lliey will be dealt with in the oriler in which they are received, and replies will be inserted with tlio least possible delay.] ANXIOUS (Taumarunui). —You are not entitled to a pension as your income Is too high.. MUCH WORMED, —Continue paying as hitherto. You cannot lie ejected without an order from a magistrate, and in the circumstances a magistrate would probably not order you to leave. If you got notice to quit you should see the inspector of factories at the Department of Labour in High Street, when you will be advised what to do. You have no cause for 'worry. PENSIONER. —Your mother will not be entitled to a pension unless she has a child under the age of 15 years dependent on her. CONSTANT READER. —The fact that you are members of a union does not entitle you to the award wages appropriate to employment usual to members of that union, if, in fact, the work you do Is not covered by the award. If you cannot accept your employers' decision that your work is not covered by tiie award you should consult the secretary of your union or the Department of Labour. You can claim only wages as agreed or as fixed by an award covering the work that you do. ROSE.—You had better remain at home until you are earning sufficient to keep yourself. It is quite impossible for you to keep yourself on the wage yoil are earning. OWNER.—Unless you have agreed with your neighbour to pay you cannot be ■ compelled to pay. BORDERER. —The .amount Is £ ICO, as you correctly contend. T.G.E.—You can only write to the insurance company concerned and ask what they will pay you on surrendering the policies. It is quite Impossible to do more than make a bad guess, but the amount will obviously be . less than the amount which the company agrees to pay 011 your death. EXCHANGE. —By no stretch of the imagination can tiie apparent gain on converting pounds sterling iuto New Zealand pounds be called income. The conversion of a fund from one currency to another does not alter its nature. If the fund consisted of capital moneys it remains capital, and if income moneys it remains income after conversion.

T.K.T.—From what yon say about the area of the land it is quite likely that the property is not affected by the Fair Rents Act. The Act applies to dwelling houses "where the tenancy does not include any. land other than tlie site of the dwelling house and a garden or other premises in connection therewith." Von could give the tenant notice to <111 it and sue for possession and leave him to plead the Fair Rents Act as a defence. If you fail you can then have the fair rent fixed and, in view of 1 lie improvements you eontemplate and the area of land, I think a higher rent would he fixed. GRATEFUL.— (1) It depends on the contract of sale who should give notice. If there is any doubt it is wiser for the notice to be given on behalf of both. (*2) The length of notice depends on the nature of the tenancy, but under the Fair Rents Act at least 14 days' notice must bo given. The tenant can be forced to give up possession only on certain grounds; one of which is that an agreement for sale of the premises has been entered into to be • completed by transfer within one month and that the premises' are reasonably required by the purchaser for his own occupation as a dwelling. If tlie tenant cannot find another home and you have to sue for possession, a magistrate is not likely to make an order for early possession. It is therefore to the landlord's advantage to try to find a suitable home for the tenant. ANXIOUS. —Your remedy is to sue the woman and the man, also if he was your tenant I doubt whether you will find it worth while. FAIR PLAY.—You may sue for what is owing. 1 do not think that it is worth while giving notice. SEPTEMBER.—You are not eligible for a pension. Is not your daughter eligible for an invalid's pension? ROYAL.— fl) You should apply at the Court nearest to where you live. The other party caii appear before a magistrate in his home town and give his consent there. (12) The certificate cannot be altered. A declaration of identity can be made and annexed to the certificate to prove the true name of the party. S.O.S.—The husband's estate is divided in the proportion of one-third to the wife .and two-thirds to the child. i ESMIC.— (1) The truth must be told whatever it is. Nothing you can do now j can alter the position, as it has been over the past few months. Any new arrangement can apply only to the future. The form of the relationship between you is of no consequence; it is the actual facts that matter. (2) The Court is most unlikely to make any order against a pensioner. (3) The deduction seems excessive. Your friend should write to the commissioner pointing out that she is now worse off. There may, of course, be an explanation, which is not apparent from the information 3*oll supply. ANXIOUS (Mount Eden). —You appear to be entitled to the pension. The money you have in the bank does not disqualify you, and unless your income from all sources is over £52 per year you will get the full pension. CERTIFICATE.—Copies of birth registrations are kept by the Registrar Generifl of Births at Dublin, from whom, certified copies may be obtained. | WORRIED ONE.—You have no option but I to pay the increased wage. |