LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXXIV, Issue 229, 26 September 1940, Page 20

LEGAL INQUIRY COLUMN.

(By BAKUISTER-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 ari received and replies will be Inserted with the leaet possible delay.] BOWS. —If your neighbour does not want the branches your proper course Is to burn them on your own land. RETIRED.—In my opinion the property comes within the scope ol the Fair Rents Act. The Act applies to a dwelling whew the tenancy does not include any land other than the site of the dwelling and garden, and other premises in connection therewith. BROWN-EYES.—If the trustee has had moneys in hand to enable him to meet payments on the due date and he neglects to make the payments, he should personally pay the penalties. If he charges up the penalties to the estate income, the life tenant should object. If the trustee employs a solicitor to receive the income and pay the outgoings the estate has to pay the expense. I do not think the neglect of the trustee is sufficiently serious to take any action towards removing him from the trusteeship. WORRIED WIFE.—You may take your own belongings with you. T.M.—Superannuation is deemed to be part of the earned income of the taxpayer. If your Income together with superannuation exceeds £300 per year »ou must send in a return of income and pay the tax assessed. M.J.—Your friend should buy the household necessities on credit in the name of her husband and leave him to pay the accounts. LEVY. —You are liable for the quarterly levy of 5/ and also for social security and national security charge on your income other than your age benefit.. Your friend similarly is liable for the '.evy and should pay tax on the interest earnea by his bank deposit during the year. UNCLE.—In the circumstances outlined In your letter your niece may leave home. " IRS. A.L.—The firm will not be able to seize the furniture without first obtaining leave of the Court so long as your son is a member of the forces who is for the time being rendering continuous service. The Court will not grant leave unless it is clear that your son is still able to keep the payments going. It may order him to continue payment on a smaller scale. Your son should interview the firm now and see what arrangement can be made. "■■DITH.—In general shopkeepers are not obliged to sell anything and may refuse to sell one article unless the buyer also buys another. ANXIOUS.—The old-age benefit has not been increased and there is w bonus due.