LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXX, Issue 75, 30 March 1939, Page 27

LEGAL INQUIRY COLUMN.

(By BARRISIER-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 whicfe they arc received, and replies will be inserted with the least possible delay.] E. McS.—So long as you take every care f°Y, . w !" not he liable for any damage. think, however, a high standard of c-are is expected. W..T.C.—(I) You are not entitled to an exemption for the first £50 of your iucouie. Even if you credited your wife with £."o as her share of * the income she would to pav tax on it. Ci) Income up to £208 per vear is exempt from income tax. W.H(;._The Commissioner will assume that vour income for the next twelve months will be the same as it was for the last twelve months. Unless vou satisfy him that it will not be so great 1 be eligible for any benelit. no long as you are earning your present salary you will not be eligible. A.B.C. \ou will be entitled to the same age benefit as a single woman. You may earn or have a total income of per year and still receive the full age benefit. DORIC.—You may search a will at the office or the supreme Court where probate has iieeu granted, on payment of a fee of *>/.

J.G.ll.—lou have agreed to buy the goods and so long as the firm is willing to sell them to you it is under no obligation to refund to you any money you have paid, or to make any new bargain with you.

A.A.—A man In the circumstances vou mention with a wife of Co and a child under 14 will receive an age benefit of £•>2 per year plus an additional sum not exceeding £1.". for the child. U.S.—lf you and your wife have been separated for three years and upwards p.\ mutual agreement, whether in writing or not, either of you may apply for a divorce. If, however, the other party shows the separating arose from the wrongful conduct of the petitioner, the petition will fail. Your letter suggests, however, not an agreement to separate l>ut desertion by you. in which case you will not be entitled to a divorce. *Al It RKXT. —The landlord is not obliged to repair the house. The local by-laws nui3 require him to do certain repairs, ion can obtain possession of the house only if you can satisfy the Court that suitable alternative accommodation is available for the tenant. IXI KItI'.STKI) MAY.—(I) Only the police can answer this question. Thev use their own discretion as to who shall be prosecuted. (2) Your union secretarv can advise you as to the terms of the award.and how it should be interpreted. EXGUSM :f you can satisfy the Commission- i ::it your income has alreadv been I i.\od in England with a special levy lor unemployment or for social services the income will be exempt from tlie taxation under the Social Security Tax here. J EPSOM.—(I) Your wife should make a will if only to simplify the administration of jour estate. If she makes no will the property will be divided in the proportion of one-third to you and twothirds to jour children. (2) Depreeial' I }, at . cent on the original cost of. the building may be deducted. DOGS.—It is a question of fact in each case whether the dog is within the definition. If a dog is used for anv purpose beside that of destroying rabbits, then it does not come within the definition. TERMITE.—You may erect a screen on your property to any height you wish. PUZZLKD — You must pay for a crossing. NOW THEN.—You must declare the net income on the properties and pay tax of 1/ in the f. You have been liable lor the previous unemployment tax for many years if you have had the same income. D.J.—Unless the Fair Rents Act applies to the premises the rent, may be increased. The Fair Rent Act wil apply if the premises now rented were let prior to June 11. 1036, whether to you or to another tenant. ° h 'iJhl' 1 ? HE — Y ° u appear to be solely entitled to your brother's estate. You will have to appoint an attorney to Jipply for administration. It wiil be necessary for you to consult a solicitor [n .New Zealand to arrange for this to toe done. I TeglSaflon a* you ! mention has been passed. IXQI IRER.—The insurance moneys are not liable to tax, nor will they disqualify you from receiving a benefit under the Social Security Act. WAGER —It is the person whose negligence causes the accident who is liable for ti a " l *' ges - . In the. ease you mention liable char se of the animals is KEP ;n!i K^ _ r?" OUr friend s have no remedy 'r ?, if they are not satisfied with the place they should leave. ANXIOUS.—If you see the firm no doubt they will be able to explain to you how their charge is assessed. It is probably tue cost of issuing a summons. IMPERIAL.—You and your wife appear to be entitled to an age benefit of about £1 per month each. ~ Fail^ re . to the rent is one of the grounds for obtaining possession under the Fair Rents Act. You should therefore sue the tenant for the arrears of rent antf for possession. NO SURRENDER.—You must declare your net income from your busin-ss of keening boarders and also from interest, and pay tax of 1/ in the £ on the total, i rom tue total board you receive you should deduct the cost of keeping your boarders and a proportion of rates and interest and other charges on the house. J.A.W.—You are not entitled to any pension under the Social Security Act.