LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXIX, Issue 128, 2 June 1938, Page 23

LEGAL INQUIRY COLUMN.

(By BARRISTKR-AT-LAW.)

[Letters of irtiolry will ?be anewerefl every week in thie column. As farias possible tuey will be Oeair wrth In the order in which they are received, and replies will be inserted with the .least possible delay.] *■'

SXOWT.—If your rupture arose oiit of and in the course-of your employment. you are entitled to compensation. It is clear that 'the trouble arose in thecourse of your employment, butybur letter does not disclose any evidence that it nrose out of yonr work.- .Tour doctor may be able to explain what was the immediate cause and whether. it was due to the work you were engaged in. j. OLD SUBSCRIBER.—The wnole matter depends on whether vou have cont-~ niitted a breach of the by-laws. If you eend me a copy of the by-laws of yonr local town board I will advise you.

INQUIRER.—An Independent divorce should not cost yon more tluiu £30 unless there are exceptional circumstances. You might even get -vour divorce for less. The first thing to tlo is to instruct your solicitor and ask him what he will charge. MRS. R.—lf you are a widow yon may have a net income of £52 per year ana also receive th«v full pension. If your income" exceeds £52 per year your pension will be reduced by f 1 for every £1 of income in excess of £52. The full pension is £58 10/. If you are married the total income of ■ yourself and your husband, plus apy pensions, must not exceed £169 per year. ."' .I.J.R.—You may claim exemption up to £50 for money paid to your widowed mother-in-law for her maintenance. The value of her keep may be counted and claimed as moneys paid for her maintenance. It is your keep that must not be deducted. In the case of your son you should claim exemption for the part of the year during which he wag dependent on you. Thus, if he was dependent on you for half the year, you may claim £25

FLATS.—TJnlessr-the - wire : originally built for occupation as' three" separate apartments the Fair Rents ■i ; «efe does-net, apply; The Act applies, however, to converted flats unless the premises were first let after June 11, 1836. The fair rent is fixed hy a i -.. magistrate,-., and, unless the tenant r " agrees, you cannot raise the rent. Your landlord may succeed in claiming possession from you-on the ground that you are making an unreasonable profit by sub-letting. OLD READER.—The. amount received ,is deemed' ; to be income- and win disqualify you from obtaining a pension for one year. If, however, you satisfy the Department that your income will be less in the coming year your pension may not be affected. C.H.H.R.—The terms of emplovment "are different, according to the various t awards under which different employees . .- work. Jf the terms of employment . " were the same for all work, one award ■ would cover v every occupation. CAR BRAKES.—You Tiave a good'defence to any claim for further payments. Whether you can recover what you have paid is- a somewhat different matter, but ,it appears to me from your outline that you should recover the money paid. MOTHER OF THREE.—If the average :.-■ weekly income from all sources- of the family is under £4 2/ jou will lie entitled to a family allowance of 2/ per week for the third child. If the family income is over £4 4/ you will receive eo allowance. " IBl *™^p ( - ) £** *■*"« to "Mother ot ab ° Te - -**? **e not eligible.. (2) The bonus Iβ income, and if the wages tax has not been paid on itrT return of it should be made as income other than salary or wages. V^T HONEST.— The lapse of time does not prevent your mother making the claimbut it does materially reduce her chances of establishing it. The ones is on her to prove her contention, and her own evidence will not be sufficient lo succeed she must at least produce some corroboration of her contention

G.R.—Only i perusal of the agreement and deeds would enable one to form anv useful opinion of yonr rights I would advise you to consult an Independent solicitor to search the title and peruse all the relevant documents and alvise you. .. AXXIOTJSV ONE.—Apply for naturalisation at once. You are not eligible now.

NGATAWA.—Ton are entitled to demises for -breach or contract. The amount of damage is a matter to be proved »T -evidence. The fact that yon do not charge during holidays is likely to make it extremely difficult to prove damage. I should eay that If Ton obtain the equivalent of one week's board you will do Very well, and half -that sum Is *s Bach a*-you could hope 5 ~ to* get without a struggle. ANXIOUS.—If the furniture Is yours, take it. The relationship you mention does not alter the ownership of the furniture. G.C.— Toui will receive the benefit of the exchange rate on remission of the proceeds ot sale or the bonds. FAIR DEAL.—You are responsible for damage caused otherwise than by fair wear and tear. Ton may arrange for the repairs yourself if you think you can get them done more cheaply. DAISY.—I do not think your son has anvthing to fear. Xot only his infancv '""t his !nno<*"nce will stand him in good stead. The fact that payments ••*••«! itLviveu rroiii you (or months without the nnestion being rais»J is also in your favour, and it Iβ probaMe that the new contract signed frees your son from all liabilities due by the previous owner. MOST ANXIOUS.—You give no account of the general circumstances of your case. Your, income is a factor considered in fixing what your husband should pay. Nevertheless you are most unlikely to make a net loss by working. HARDSHIP.—Aβ yea hare bad your mortgage reduced you must not sell before January 1, 1941, without the consent of the Court of Review. I doubt whether the sale will solve your problem, for you will probably have to pay as much in rent as the place now coets you. Possibly the borough ■;■-.. council or the second mortgagee will agree to give you a: little respite until - you get on your feet again. CtJRIOUS.-rOTou are not eligible for a \rv ; pension.-- -. MINERS' i PENSIONER.—(I) Your present qualification ■ will entitle you to a pension on your return provided that you are not absent for more than, five years. (2) Xo reciprocal arrangement lias yet been made. AXXtOrS.—The legacy will not necessarily affect your husband's right to a pension. To some extent it depends on what you do with the money. He should certainly apply for the pension.