LAW REPORTS.

Dominion, Volume 4, Issue 1178, 13 July 1911, Page 3

LAW REPORTS.

» SUPREME COURT. THE BANKRUPT AND HIS WIFE, ANNULMENT OF BANKRUPTCY ASKED FOE. The Chief Justice (Sir Robert Stout) heard yesterday a case which he described us the, first ot its kind in New Zealand. Tho case, aroso out of the bankruptcy of Robert James ■ Aekins, of Wellington, clerk, and it came before the Court on an application by Margaret Aekins, bankrupt's wife, to annul the bankruptcy upon the ground that the action of the bankrupt in iiling a debtor's petition was an abuse of tho process of the Court, and upon other grounds.

Tho bankrupt and his wife havo been living opart sinco October, 1899. There was a deed of separation whereby bankrupt agreed to pay his wife £2 a week tho first, year and .£2 10s. a week thereafter for the maintenance of herself and their children, lie never paid more than «£2 a week, and she recently claimed for maintenance and arrears at the higher rate, and obtained judgment. Her solicitors took out a judgment summons against him and a summons for further instalments. . He tliec sought the protection of the Bankruptcy Court. In a sworn statement to the Official Assignee he said that there was a moral, it not a legal, agreement by his wife to accept payment at tho lower rate, and he had always resisted the higher demand. He had also understood that tho amount should be adjusted as the children came of age. He had paid altogether about XI2OO. The youngest child was now 18 years of age, and all were in good employment and selfsupporting. In an affidavit iu support of the present application, Gurdon Samuel, solicitor, in "the employ of Findlay, Dalziell, and Co., stated that Aekins called on him on June 2, 1911, anu told him that if Mrs. Aekins would not abandon her claim to £2 10s. a week, and withdraw the judgment summons and the summons pending against him. he would file his petition in bankruptcy

Margaret Aekins stated iD an affidavit hat at the date of the agreement, her msbaud was earning .£'2OS a year in the jailway Department, and his salary had ince increased to ,£i)ss. Being unable to upoort herself and children on .£2 a reek,.slw had been compelled toengago n various occupations. t?he was iufonnd that when lis filed his petition on ime 7, 1911, his only creditors other han himself were two legal firms, whosts iccounts (totalling .£ls 2s. lOd.) arose out f the maintenance and bankruptcy proeeding!«. She was still partly supporting ho youngest moii, who was 17 years of ge, "and earning <£1 2s. Gd. a week. Her msband was incorrect in saying that tho E2 10s. a week was to be adjusted as tho hildren came of ngii. Her uudcrsiaiiung was that she would be able to apply :n increasing proportion of tho- money to ler own support. There wero further allegations • and ounter-allegations as to the circumstance f the parties in subsequent affidavits worn by them. The bankrupt, in one f these, stated that last February his rife issued a summons against him for £8 bein;' the difference between .C 2 a veek ana -£2 10s. a week for 1(5 weeks. rh<? magistrate at Wellington on Febrn»ry £3 gave judgment in his favour, holdon grounds of equity and good conscience that there had been a waiver of tho excess above £2 a week for several years, and also holding that the Teceipt given by the solicitors of Jlrs. Aekins was in_ full satisfaction.

His Honour remarked during tlx© bearing -yesterday that a magistrate had no right'to make an agreement between parties before him. It had been dono' in tli© Otago caso of Gray and Chapman, and had been laughed at in the Supreme Coijrt, though there was no possibility of appeal against it. .

After hearing Mr. G. Samuel for Mrs. Aokins and Jlr. Evans in opposition, Ms Honour said hs would give a written judgment at 10 a.m. to-day.

SWEDES AND TURNIPS,

AN mpjQfIT&NI,CROP,

Trouble about a crop was the occasion of an action brought in thh Pu pronto Court yesterday before the Chief Justico .(Sir Eo.bert Stout). , The plaintiff was .uonerc Archibald, of Eketaliunn, farmer, and the defendant. v/ns ftketabui-a Farmers' G'o-onerative Association, Ltd Plaintiff asked that an award of an umpire under the Arbitration Act, dated March 30, 11)11, be enforced. By the award, the association was to pay hint m? 1 Ws " awl " lis sllm had not been paid. The occasion of tlio dispute was that plaintiff had bought certain seed from the. defendant company with iht- object of raisins a crop of swedes. What came up, however, was a mixture of swedes and purple-top Aberdeen turnips. There was a counter motion to set aside the award on ground of irregularity. Mr. Page appeared for plaintiff, and Mr. C. R. I)ix for the defendant company.

Evidence was given by John Horace Griffith, the umpire in the arbitration. Decision was reserved.