SUBSTITUTED SERVICE

Evening Post, Volume CVI, Issue 124, 22 November 1923, Page 8

SUBSTITUTED SERVICE

FIRST CASE OF ITS KIND IN

DOMINION.

(II TILIQRAPH.—PRBBS ASSOCIATION.)

BLENHEIM, This Day. A novel motion was made before Mr. Justice Reed at the Supreme Court in the preliminary divorce proceedings between Albert Bassett, Blenheim, and Lilian Bassett, believed to be resident in England, in the shape of an application for leave to make substituted service on Mrs. Bassett of a, formal demand for restitution of conjugal rights. Mr. A. E. Scantlebury, for the applicant, said the case was the first of its kind in New Zealand. He quoted a number of English authorities establishing a precedent. Bassett married an English girl while on active service at Home, but, owing to the state of her health, she was unable to accompany, him to New Zealand when he was ordered back. The Defence people very considerately allowed him to remain in England for some months longer than would otherwise have been the case, but ultimately insisted, on his returning. His wife then promised she would follow. He arranged her fare through the High Commissioner, but she had never come out. A large number of letters had passed between the parties, but the applicant had not heard from her since October last year. The preliminary demand for restitution was sent by registered post to her last address, and had been returned through the Dead Letter Office. The object of the application was to enable the demand to be served upon her either by advertisement or in conjunction with a notice served on her relatives.

His Honour said that as the matter had not previously been decided in New Zealand, he would give it careful consideration, and would deliver his decision in writing. He asked counsel to file affidavits by the applicant, giving further particulars, also corroborative affidavits. His Honour indicated that if it could be shown that the applicant in his letters to his wife had made a request, and her letters in reply showed that she had received the request, he might hold that sufficient demand had been made, thus enabling the applicant to take further legal steps at once