SUPREME COURT.

Star (Christchurch), Issue 11800, 11 September 1916, Page 6

SUPREME COURT.

TO-DAY'S SITTING. A sitting of the Supremo Court, in banco, was bold this morning, bis Honor Mr Justice Denniston presiding. | DESTITUTE PERSONS' ACT. I In the matter of Jane Walker Prim- ; mer (Mr Hunt) v. John .Barclay (Mr | Gresson), plaintiff asked for an _ inter- I pretation of sub-section 2, section f>, Destitute Persons Act, 1010. which gives a Magistrate power to make an order against a near relative for the maintenance of a destitute person. Section 33 of the Act states that where there are two or more near relatives, orders can bo made against any or all of these persons liable. .Mr -Hunt said that his client was an elderly woman, riot in good health, and orders had been made against two of her relatives for 10s 6d weekly each, the Magistrate declaring that he was not able under the Act to make a larger order, although he was willing to if he bad the power. Mr Gresson argued that £1 Is weekly was taken by the Aet to be sufficient to raise a person from the class of " destitute persons." The he said, was passed to prevent destitute persons becomiug a burden on the State and not for the redistribution of family wealth. His Honor reserved .judgment. A "WIFE'S APPLICATION. His Honor delivered judgment, in the matter of the will of Stanley I. Deugarde, deceased, in which his wife opposed the granting of probate. Deceased had appointed a woman other than bis wife as executrix of Ins will, to enable her to obtain possession of certain shares he had given bv deed of gift, but which could not be transferred legally in the period before , his death. • His Honor said that be could not oppose the granting of the probate to the executrix. Even if he was satisfied that he had the power to pass over the executrix, and appoint an administrator, ho was not prepared to cio so. vSlig was tlx? choice of the t-cstotor, <\nd it must be assumed that he intended her to have any personal benefits which such an appointment might give her.