NOT A DESTITUTE PERSON. CLAIM FOR MAINTENANCE FAILS.

Evening Post, Volume LXXXI, Issue 19, 24 January 1911, Page 7

NOT A DESTITUTE PERSON. CLAIM FOR MAINTENANCE FAILS.

An important decision under the Destitute Persons Act, 1910, was delivered by Br. M'Aithur, S.M., at the Magistrate's Court this morning. The circumstances of the particular case were somewhat peculiar. Jennie D. Martin had complained that her husband, Henry Nicholas Martin, had failed and intended to fail to provide her with adequate means of maintenance. The evidence showed that defendant had been unsuccessful in business matters and had sunk considerable jsume of money in his property and living. At the present time he was still in debt, and without employment. There were no children of the marriage "Under these set of circumstances," said the Magistrate, "can I make a maintenance order? In answering this question I am „ bound by the Destitute Persons Act, 1910. Destitute person is denned in that Act as *any person unable, whether permanently or temporarily, to suppoit himself by hie own means or labour.' I think that the complainant docs not come under that definition inasmuch as she is a capable housekeeper, and has been in employment as a clerk in an ofiice. 2\ow section 17, eub&ection 6, sa">6 : 'Unless the Magistrate is satisfied that the wife is a destitute person, no maintenance order shall be made against the husband in favour of the y/ife, if it is proved that the husband is not of sufficient ability to contribute to her maintenance In my opinion, the complainant— the wife — is not a destitute person, and it has been proved that her husband is not of sufficient ability to contribute to her maintenance. Should tho defendant at any time become of sufScent ability to contribute, a maintenance order will be made in the ordinary manner." Mr. A. L. Herdman appeared for complainant, Mr. Webb for defendant.