LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXVIII, Issue 154, 1 July 1937, Page 15

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.] DOUBTFUL. —Whether you actually hnnd.e the cash or not, the money value of the benefit you receive from owning the property Is income. From the gros-s benefit you may deduct Interest (but liot principal), . rates, insurance, repairs, and depreciation, and the balance is net income. If your net income from all sources is under £52 per year your pension will not be affected. If the income exceeds £52 per year your pension will be reduced by the amount of the excess. PENSIONERS RIGHT.—If the premises were nut originally erected for the purpose of being let as Hats your landlady cannot raise the tent witnout eitiier your consent or t it you do not consent, by having a higher rent hxed by a magistrate, 'i'he Department ot Labour is authorised to ad*ise you. —The charge was incurred by your default, and you are liable for it. F\lß PLAY. —You are entitled to the furniture if it was not iucluded in the tenancy, and to damages for its wrongful detention.

KB -ij your inco'me from all sources other ' ' than salary or wages is under ioO you are not liable lor unemployment tax and your liability is limited to tne excess of income over iuU per \ear i reviously tue exemption was lor income up to *20 per year. Yoh may deduct rates, fire premiums, repairs and depreciation from the rent, and the balance is the net income lor the purpose of taxation. BACHELOR. —See answer to "Doubtful. Tax at Sd in the £ on tne net income is payable. INQUIRE OF WILL.—You may claim the money from your brothers estate u he has oeen overpaid m his lifetime. ±lis wife is not name personally. It the Libie was given away it is too late to repent. Conditions attached to gifts of chattels are extremely dim- | cult to prove. NEW HOME. —If the damage is such that it constitutes a nuisance you may sue lor damages ana an injunction, l'ossioly if you- explain, to tne adjoining occupier me uaniage you are guttering he \»iU remove tue trees. Mere obstruction of sunlight is not a nuisance. NOT LEGAL. —Legal assistance is necessary, but tne expense suould not be more than auuut to in all. At least fifteen niemoers are-needed. PAT. —The expense is about £5 or £6. An application is made to the Magistrate s Couit and satisfactory evidence of tne suitability of the roster parent is lodged, together with the consent of the child s parents. After inquiries have been made,- the parties are given an appointment with a magistrate who, if he is fully satisfied, mattes an order of adoption. l.p.L.—The Pensions Department will not claim the money. It is advisable for both you and your. wife to make a will.

SOX OF A GUX. —Provided you conduct yourself properly the proposed rourse „ of action will not prevent you obtaining a divorce in due course. It may, however, give rise- to suspicion and perhaps induce your wife to oppose your, petition, but it is not a legal objection-to obtaining a decree. A.P. You ar<- liable for unemployment tax

W.E.E.—Your only remedy Is to apply to the Court to have the fair rent fixed. WORRIED.—Give the adjoining owner formal notice requiring her to make good the damage, and if she does not comply have it fixed yourself and sue her for the cost. V.A.—You have no assets and no income, and it is obvious that you cannot pay, ev«u though you may be legally liable. If you send me the duplicate agreement handed to you at the time of signing the order l cau advise whether you are legally liable. In any case, even if you are liable, your liability is to pay a reasonable price, which may tw much less than you were charged. 11.C.— (1) Such an agreement is difficult to prove, and your letter does not disclose any admissible evidence to prove it. By not reducing it to writing you saved yourself expense, as the whole expense would have lallen on you. A magistrate has power to order you to give up possession, and | although the factors you mention may result in him exercising his discretion in refusing to make an order ; I would not advise you to rely oil It. It is not essential for the landlord to find you another place, but if he does so you cannot expect the magistrate to allow you to remain in the house. IRISH. —See answer to V.A. You are not liable, and your wife may or may not be liable, according to whether the agreement signed is in correct form. Send it to me and 1 can advise. LEGITIMATE. —You may acknowledge paternity of the child, but it may be inconveuient to bestow your surname on the child if the mother is using another name. You may leave an illegitimate child property by will, but the child should be expressly named, because a reference to children usually means legitimate children only. There is no legal preference for boys over girls. NO MONEY. —(1) The deduction should not have been made. (2) 1 cannot advise you whether a document which 1 have never seen is valid or not. You should obtain your copy and send me a copy if you wish me to advise whether it is valid. (3) Any change in the circumstances will justify your husband in applying to the Court for a i variation of the order. (4) You are entitled to be paid in accordance with the Court order, no matter how often your husband is paid. Apparently your husband is now one week in arrears. I would not advise you to make too much of that. ; J.A. —If you signed an agreement relieving J your neighbour from liability for erection or maintenance of fences you cannot compel him to assist with the fence in any way. Your neighbour was [ within his legal rights in objecting to : your trespass, although you did no real harm.