BROTHERS AND HALF-BROTHERS. THE ACTION UNDER THE DESTITUTE PERSONS ACT.

Evening Post, Volume XX, Issue 168, 21 July 1880, Page 2

BROTHERS AND HALF-BROTHERS. THE ACTION UNDER THE DESTITUTE PERSONS ACT.

At the Rosident Magistrate's Couit to-day, Mr. fehaw, R.M., had before him the adjourned case of F. A. Duncan v. H. B. A. Duncan, the circumstances of which were fully reported in this journal yesterday aftornooon. His Worship said ho had been asked by Mr. H. H. Travers, counsel for the dofendant, to consider whothor the word "brother," mentioned iv tho Destitute Poraons Act, could bo hold to include a halfbrother. Ho had been unable to find any distinctly analogons case to tho present ; and he had come to the conclusion that, as regards the principles both cf law and of common sense, the word brother did mean one born of the Bame father, and therefore he ruled that the defendant was liable for the maintenance of the informant. He was not satisfied, however, aa to the informant's statement that he was suffering from feeble health and partial blindness, though ho was not prepared to go the length of saying that such was not the Ciae. He would liko a corroboration of that statement, and if medical evidence were not forthcoming the evidence of some trustworthy person would be ao cepted. Bat he did not think that the Act contemplated the singling out of ono relative out of many, its spirit being to the effect, indeed, that the burden should be shared equally by the whole family. For the purpose of allowing the informant's two full brothers to be brought before the Court ho determined to adjourn the case, when, should it turn out that the informant was actually unable te support himself, an order would be made calling on each brother to contribute according to his moans. In tho meantime, if the informant was absolutely destitute he ought to apply to the Relieving Officer of the Benevolent Society, who would no doubt grant him a week's rations under the circumstances. Mr. Travers here said that the defendant was quito willing to maintain his half brother for a week, so that thero would be no necessity for the informant to apply to the Relieving Officer, bnt ho hoped the informant would consent to perform any light work that might be found for him during that period. Mr. Shaw thought this was only fair, and trusted that some arrangement would be come to between the three brothers (one cf whom is at present in Napier), and that he would hear no more of this family matter. Mr. Travers remarked that his client had never refused to contribute his sharo towards maintaining the complainant, but decidedly objected to being tho solo contributor. The case was then ndjourned for a week.