IN BANCO.

Colonist, Volume LIV, Issue 13567, 7 November 1912, Page 6

IN BANCO.

BUSCH V. BTJSOH

This was an appeal against the decision of Mr J. S. Evans, S.M., under the Destitute Persons Act, against his refusal to set aside an order of maintenance on the ground that the respondent (Mrs. Busch) had failed to obey an order of the Supremo Court for the restitution of conjugal rights. The Magistrate held that he was not bound to set the order aside, and in tke circumstances refused to do it.

Mr. Noel Adams, for the appellant, contended that the failure to obey an order of the Court took aivay from the Magistrate any discretion that he had in refusing to cancel the order and that he was bound to cancel it.

Mr. Houlker, for the respondent, contended that the Magistrate had discretion to cancel the order, and if the wife was a destitute person ho was bound to refuse to cancel the order.

It was .admitted that respondent was ? destitute person.

His Honour reserved his decision