LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXVII, Issue 292, 10 December 1936, Page 25

LEGAL INQUIRY COLUMN.

(By BAKIiISTER-AT LAW.) [Letters of inquiry will be answered every week in this column. As far as possible tliey will be dealt with in the order in which they are received, and replies? will be inserted with the least possible delay.]

KAXCITOTO.—Tf tlie Jin I: which you occujiy is part of u building originally erected for tlie purpose of being let in Iwo or more apart incuts (he Fair Rents Act does not apply, ami you may be compelled to leave on expiry of the notice. Otherwise you can be evicted only by order of the Court on special grounds. If you have not been given any idea why the landlord has given you notice, you may a.ssume that special grounds do not exist, but it might be wise to inquire of the landlord the reason for the notice. VICTIMISED. —You could take appropriate proceedings in the Supreme Court for the custody of the children. The Court will treat as paramount the interests of the children, but at least you can expect to be allowed access to them. WIDDV. —You will not receive any pension while your husband is living. BOItKR.—You are merely the tenant and have no claim to any of the buildings or fixtures in them.

RENT.—You are not, obliged to pay the increased rent. If the landlord annoys? you over tho matter consult the Department ot. Labour, in Ili.-li Street.

OLDSTER.—If the goods are not delivered to your carrier you should sue for possession or the value of the goods, and al.so for the money lent.

IX DOUI.ST.—You should apply for an adjustment of your mortgage before January ."11. If you do not the mortgagee will be entitled to insist 011 repayment.

DOGS.—If the conditions «re as described by the inspector you must comply with his requirements. If. however, the conditions are as described by you, it would be advisable to prepare to defend yourself by obtaining evidence iu support of your contention. WOKKIED. — Both husband and wife must complete a separate return. Each pays tax on his or her income. LEGATEE. — For your own protection you do not need more than a receipt signed by tlie lender. If. however, the loan was secured by a legal mortgage you should obtain a re-assignment, which should be stamped, if any interest in land is affected, for Notice of the re-assignment should be given to the trustee. Without a proper reassignment the trustee may demur about paying you any 1110x103*. H.E.K.— Search at the office of the Registrar of Companies. The return has attached to It a copy of the last balance-sheet. CAKE. — If your contention is correct and the baker did not use the degree of skill which you are entitled to expect of him, he is liable to you for the loss sustained.

A.K.—You are eligible for tlic full pension. EMPLOYEE. —Your employer's contention is correct. It in the iiwnnl rate ot wages which lias been restored. FEN CIO It.' —The loiter you-hare received is not an objection in accordance with .the Fencing Act. You may, therefore, after -1 days from tin* .-vrvice of your notice proceed with the work, and sue the atljoining occupier for half the cost. UI'SIDK DOWN. — (1) Your son 1« obliged to pav the unemployment levy. 121 He should inquire of his union secretary what is the appropriate remuneration for his work. Without knowing what award he is working under 1 cannot advise. NOVICE. —l'osslbly the society will make you a loan on the security of your shares. You cannot demand payment except in accordance with the rules of the society, ami the rules do not rmit the society to repay except out of a certain fund, and until that fund has been built up (Sufficiently to enable all prior applicants for repayment, you cannot claim payment. WO It It I ED.—The amount received on the sale is deemed to be income, no matter how you dispose of the money, suh- . seciuently. Nevertheless', the magistrate. if satisfied that the income for the next twelve months will not be as large, may make an allowance accordingly. It is quite likely that as a result the pension will not be affected. JACKO. —You may sub-let. If, however, you are making an unreasonable prollt "from sub-letting, your lanillonl then has grounds for terminating the tenancy.

— ---- - - J.K.—You are eligible for tlic full pension. j| VERY WOII It I ED. —You have nothing to f: worry about. Only a technical offence | ha.- hern committl'd, and no prosecution is likely U> result. If you were proMecuted the Court would not impose more than a muninitl penalty, and would probably not even enter a con- ji viction. MEMO. —Vour son must pay the Februery f instalment. Inn Is not liable for the November instulmi-ut. WIDOW. —You do not disclose what you wish to- apply for. If the rent is too ■ high, or if you have mortgages 011 the property, you should apply lor an j j adjustment of your liabilities. xou V must apply before the end of .lanuury. H BEACON.—If the owner reasonably re- j. quires the Hat for her own occupation Jj, she i* entitled to possession. You eim i, only be ejected by order of the Court. SI, Vou mav wish to defend any proceed- |K, ill 's OU the ground that the owner (joes n not reasonably require the Hut. und in the circumstances you should i< succeed. if WD.lt.—The Fair Rents Act tines not j apply, and you '.nay charge whatever rent'you cau Ke I '. it, JL'XIOK OFFICE It.—The provision applies ji. to all employers, including banks. < There Is. however, n good ileal of rloiibt as to the proper construction •of the , section which deals with case* such as , yours, and It is not possible without j. a minute examination of the details' of vour case to ndvine you. The Depart- | incut of Labour will doubtless prosecute k your employer If it considers tbat the |j law has been broken. S