LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIX, Issue 98, 28 April 1938, Page 27

LEGAL INQUIRY COLUMN.

(By BARRISTERAT-LAW.)

[Letters or inquiry will be answered every week in UiU column. Ag f ar as possible ilie.v "ill !"■ dealt with in the order in wliii'h' tliry are received, aiwl replies viH I|C inx-Ticd with the least po«,ibie delay, i

I'l-:l!l'l.i:\KH.- ,V union may lovy on its rs "">' «"lisi'ri|>iiini it ilninsfK '■'" 'jVi'ii.t- lee is .•,!,.,,,, 1in.j,,,,, t „ ■ . Hi..' union may dispose of its '" iv f •'•",T, WMy ." ■ plwUioS ' The i !'.••'!> loi those who do n„L wish tl> ~:.> IS to O.UVOtO tho.so Who ,10. With . ..mpul.-or.v unionism it i s possible that a man must .•hoosu between paving „ ":•"•" siii'MTiiumn \v:iicli he knows will I'- ""V'-led to tin. funds of a political !;,''■'>: ,- ,, j.*. ,,, a!ia I ";r l ;,.^ i,o ' ou - or « ivi »« SLl:mi;iiseu._u tin: terms of the hirepnr.li.ise agreement are not observed a del.mil actually exists, and the g.i.-ls ina.N be re possessed.

R>- appear to be ». n tilled to a war inriMii > allouan.v „£ about £20 per year, provided that yon satisfy the iiiMPi that you an- p-rinaneutly untit lor permanent employment. ALS.-11.. y,o, a,-,, not domiciled in New Zealand and ,-anuot obtain a divoree ln;ie. i Miu-'r.-i that you communicate with a Sydney lawyer and inquire from him what it will ,-osl to obtain a divoioe in Sydney, and whether in the eip-iimstiiiiees you wtil have to attend in person. KAT U'AI Kit.—You are obliged to pay the rest of repairing your drain from jour own In.use to the ltr.iui.-ii .sewer "and .ion are liable for any damage caused Ihro'i ...our Ueglecl to keep the sewer PEUl'l-EXKD.—An absence of six months wili in I disqualify yon i i oll i obtaining a peii.-i.iu. Vou may have LT*H> in the h.ii k and your wife may have the same am.Mini, and both may still obtain the fail pension of tr.s m. IHM . v ,, ar UII | OSS the interest from i lie bunk deposits exceeds !•_'- per year. If the interest exceeds £.<2 per year the pension will he reilueeil by the excess. FAIR PLAY.—if your tenant; does not observe the terms of the tenancy or is guilty of conduct which is a nuisance to adjoining occupiers you may determine the tenancy and sue for possession. If you draw the tenants' attention to the rules at the time thev take over, they cannot deny that those rules are conditions of the tenancy. ELLEX.—If the average weekly income from all sources of your husband and yourself and the children is under H 8/ juu will )*; entitled to a family allowance of <s/ per week or such smaller sum as will bring the total income plus allowance up to £1 S/ per week. Apply to the Pensions Office

iu Chancery Street for a furm of

application. HOPELESS.—If in fact 17/6 is the fair rent there is no way iu which you can

obtain more. If you apply to have the fair rent fixed you may find that inure will be allowed, but until you do si. the rent us at -May 1, 1036, is deemed to l>e the fair rent. Unless you can tiinl the tenant other suitable premises or ran prove greater hardship than the tenant can establish you will not be »rt>le to obtain possession when you want the premises yourself. It is very galling to iinil that lhe law reqnires olli'.ials to assist tenants to break their solemn contractu, especially when it means that you will lose your" house. Vuii might do worse tliau write to the Prime Minister with the facts of your case. THREE YEARS - SUBSCRIBER.—On your earnings last year you 'ire entitled to a pension of about £15 per year. 3"j—The Minister can make the deal you suggest if he wishes to do so. You should write to him with your proposal. I'ersonally, I think it unlikely that he will fall in with your suggestions. Write to the Minister of Lands. J.S.H. —You are not eligible for a pension. The vast majority of taxpayers who contribute the funds from which pensions are paid are much worse off than you are. VICTIM—(I) There is no conspiracy in the criminal sense of the word. (2) Your remedy is to sue the original tenant for possession on the grounds that you require the premises for your own occupation. Strictly the present occupier has no standing with you, and you should look to the tenant to whom you let the house. (3) There is no appeal. You may, however, take proceedings in the Supreme Court for possession if you fail in the lower Court. NOT SURE—Tax is payable not on the average weekly income, but upon the actual net income earned over the year ended March 31, 1038. You may deduct rent of the shop from your grosti rot-urn. If you live on the premises, only part of the rent,, equal to the rental value of the shop itself, should be deducted. WORRIED. —You can do nothing when the lapses are of no great importance. Perhaps a fortnight's notice of your intention to sue for possession on the grounds of non payment of rent will result in the tenant paying more regularly. ANXIOUS —You may obtain the full pension if you have no more than £ 500 in the ban>, for every extra £10 you have in ifle bank your pension will be reduced iy £ 1 per year. CHEQUE —You are liable to refund the advance made you. You may also sue the drawer of the cheque or you may sue for wages. WONDERING—You sliouW take out letters of administration of your husband's estate. You are entitled to one-third of his estate, nnd your daughter to two-thirds. DISGUSTED—No one has a right to search your belongings without a proper search warrant, GRATEFUL— (1) If the total Income of your husband and yourself and the children does not exceed £4 2/ per week, you {will be entitled to a family allowance of two shillings per week. (2) Your friend can apply for a. State Advances Loan, but cannot hope to horrow more than £500, ami will have to nay the rest out of her own

pocket. PENROSE—As trustee of your mother's estate you have no power to apply moneys from that estate towards the expense of the burial of your father. Xo doubt vou can arrange for the beneficiaries to agree to the application of funds in this way, but without any agreement you will be faced with having to pay out of your own pocket. PERI'LEXED.—If otherwise eligible you and your wife are entitled to a pension of about £33 each per year. GERTIE—It is better to make a will.

COXCERNKD—(I) Your questions are somewhat general in form. I can be more helpful if you tell me the specific facts of the matter. In general, you are not liable for your husband's debts. (2 and 41 Your own separate estate is free from the control of your husband. (3) A new will ia required. The old

one ia void. DURBAR—Your best course Is to obtain evidence of adultery againet your wife. It is probable that you already have the nneessnry evidence. You couW then divorce her and would not be obliged to maintain her. You would have to maintain the children, but you might be allowed their custody. If you do not divorce your wife, you are at least justiiied in leaving her if you have good evidence of adultery, and her adultery is a sufficient excuse for not maintaining her. STRUGOLER—(I) You must pay tax on your actual year's income, antl not on any ..assumed average. (2i The scheme Is not yet law, and no mention has yet been made of the details, and in any ease, until it is enacted by Parliament, it is quite impossible to advise you as to your rights.