LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXIII, Issue 178, 30 July 1942, Page 3

LEGAL INQUIRY COLUMN

ANXIOUS.—The legacy coming from your wife's estate will not affect your age benefit. ANXIOUS.—You do not supply sufficient information to enable me to advise whether your age benefit will be affected or not. The fact that your age benefit was affected when you received a similar payment before indicates that it will be affected when you receive a further payment, m any case the receipt of the moneys must be disclosed to the Social Security Department. * INQUIRER—The mortgagee must obtain leave of the Court before calling in your mortgage. If you satisfy the Court that you are unable to pay the mortgage out of your own means or by borrowing, leave is not likely to be granted so long as your interest is paid. From your letter it appears that the second mortgagee is willing to give some extension, and you would be wise to come to an arrangement with him. ! C.L. —The amount of the solicitor's fee is correct. The Court prescribes a scale, and the Court has included the corject fee in its judgment. INQUIRER. —You have a good title to the parcel until such time as the owner claims it. It is usual to hand unclaimed parcels to the police. If in due course it is not claimed it will be to you after which you may sell it. INTERESTED. —The town board may impose a sanitary rate. The rate may be a separate rate levied only upon such properties which have a building erected thereon from which the board is prepared to remove all refuse. Alternatively it may levy a uniform annual fee, but in any case where in the opinion of the board the refuse from any land or building is principally trade refuse or is excessive in quantity, the board may. if it thinks fit, make a reasonable charge for the removal of refuse either in addition to the rate or uniform annual fee or in lieu of the rate or uniform fee. It follows that the rate struck is within the power of the board, and that the extra charge is invalid unless the refuse to be , removed is principally trade refuse or is excessive in quantity. As the fee must be a uniform fee on all properties with buildings it is payable whether the building is occupied or not. NOISY TREES.—It has been decided recently by the Supreme Court that you have no remedy against your neighbour for damage suffered by the falling of leaves from your neighbour's trees on to your property.