DESTITUTE PERSONS’ ACT

Southland Times, Issue 14633, 25 January 1911, Page 5

DESTITUTE PERSONS’ ACT

AN IMPORTANT DECISION. (Per United Press Association). WELLINGTON, Jan. 24. An Important decision under "The Destitute Persons Act, 1910,” was delivered by Dr McArthur, 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 fall, to provide, her witli adequate means of maintenance, Evidence showed that defendant had been unsuccessful in business matters, and had sunk considerable sums of money in his property and living. At the present time he was still in debt, and without employment. There was no children of the marriage. "Under these sot of circumstances,” said the Magistrate, "can I make a maintenance order?" In answering tills question I am hound by ’The Destitute Persons Act, )910.’ A destitute person is defined In that Act as any person unable, whether permaaently or temporarily to support himself by his own means or labour. I think complainant does not come under that definition, in inasmuch as she Is a capable housekeeper and has been In employment as a clerk in an office. Now section IT, subsection G, says 'unless a Magistrate is satisfied that the wife is a destitute person no maintenance order shall 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, 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 defendant at any time become of sufficient ability to contribute, a maintenance order will be made in Die ordinary manner."