A PECULIAR CASE.

Otago Witness, Issue 2391, 28 December 1899, Page 47

A PECULIAR CASE.

The following case was heard at the City. Police Court on Thursday: — The Destitute Persons Act. — Mary Ann Tylee called upon the Public Trustee in the estatt' of John Denny, a lunatic, to show cause whjj he, tli9 said John Denny, should not be ad* judged the father of her two illegitimate child? ren, and provide for their maintenance out oi the estate of the said John Denny. — Mr Hanlot appeared for complainant, and Mr Bathgate foil the Public Trustee. — Mr Hanlon said he would prove that Denny was the father of the two' illegitimate children, and therefore complainant v/as entitled to have an order made adjudging him to be the putative father of the children. The Public Trustee could then show why an order should- not be made against the estate of defendant, -if he was in a position fordo so.— • Mr Bathgate submitted that it was necessary for the complainant to prove that there was sufficient money available in the estate, after paying all debts, before an order could be made for the maintenance of the children. As a matter of fact, there was no estate, and that being so, no order could bo made. Hp. understood' that complainant askedfor an order for the purpose of enabling her to get money from an estate that was said to bo at Home. — After some argument Mr Hanlon, called evidence.— His "Worship adjudged Denny, to be the putative father of the children, out said he could not see his way to make an order against the Public Trustee.— Mr Hanlon s&id that if the order was made it '.rould not be enforcsd against the Public Trustee. 'There was any amount of money in the estate at Home, and if the order was made thd trustee in Scotland had agreeel to pay. The real object! was not to enforce the order here, but to show the trustoes in Scotland that an order had been; niude by the magistrate here,.— Ur.der thesa circumstances his Worship made an order fox the payment of 20s a week for each child] However, he had no power to enforce the ortiei against the Public Trustee.