A LEGAL PROBLEM

New Zealand Times, Volume XLIII, Issue 10086, 27 September 1918, Page 7

A LEGAL PROBLEM

RECOVERY OF HOSPITAL FEES. QUESTION OF A HUSBAND’S LIABILITY. Yesterday in the Magistrate’s Court Mr F. V. Frazer. was called upon to eluciaate a somewhat intricate legal conundrum. The Wellington Hospital and Charitable Aid Board sought to recover from William M. Robinson £8 18s. the amount due for the treatment of his wile. The facts were not disputed, but the dimeuity lay in the fact , that the defendant was separated from his wife. In those circumstances was the husband liable for the debt;-' Legal argument turned on the interpretation of sections 50 and 51 of the Destitute-Persons Act. For the plain, tiff Mr M- F. Ward argued that section 51 laid it down that the liability of the husband quite apart from any questioh of maintenance. On the other hand Mr H. F. O’Leary (for defendant) contended that section 50 epecilically provided for cases like the present and that section 51 did not apply. It was pointed out that section SO provided that whore a maintenance order was in existence the whole or part of the moneys payable thereunder might bo ordered to be paid over to the Hospital Board. Section 51, which was couched in general terms, merely provided that the cost mav be recoverable from the husband as an ordinary debt The question for consideration was whether the specific provisions of section 60 did not override the general provisions of section 61 and thereby relieve the husband of liability for debt.

The magistrate said the matter was of considerable importance, and he would take time to consider his decision. 1