DESTITUTE PERSONS ACT.

Otago Daily Times, Issue 15050, 25 January 1911, Page 5

DESTITUTE PERSONS ACT.

AN ORDER REFUSED,

(Pee United Pbess Association.)

WELLINGTON, January 24. An important decision under " The Destitute Persons Act, 1910," was de-i livered by Dγ M'Arthur, S.M., at the Magistrate's Court this morning. 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 sums of money in hie propoerty and living. At the present timei he was still ir debt and without employment. There were no children of th« marriage.

"Under these 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 defined in that act as any person unable, whether uer« manently or temporarily, to support liinn self by his own means or labour. I think , complainant doec not come under that de-.' finition, in as much, as ehe is a capable housekeeper, and has been in employ-i ment as clerk in an office.. Now, section 17, subsection 6, eays: 'Unless the magis, trate is satisfied that the wife is a destitute person, no maintenance order ehall be made against the husband in favour of the wife if it is proved that the husband is not of sufficient ability to contribute to her maintenance. In my opinion, the oonw plainant, the wife, is not a destitute pew son, and it has been proved that her husband is not of sufficient ability to contri-i bute to her maintenance. Should defendant at any time become of sufficient ability to contribute maintenance, an order will be made in the ordinary man* ner."