DESTITUTE PERSONS ACT

Dominion, Volume 8, Issue 2284, 19 October 1914, Page 9

DESTITUTE PERSONS ACT

Hia Honour thq Chief Justice (Sir Bobort Stout) delivered reserved judgment, in the Supremo Court on Saturday morning in an originating summons,' asking for an ordor, construing Section 4G of the Destitute Persons Act,-1910. The plaintiff in the action was W. B. Beauohanip-Platts, accountant of Wellington, and the defendant was Sidney Evelyn Budgett, chemist, formerly of. Abbotsford, New . South Wales. At the hearing Mr. D. M. Fiudlay_ and Mr.-A. 0. Nathan appeared for the plaintiff, whilo Mr. J.-W. Macdonald appeared for ' the Public Trustee, .who was'interested in the interpretation of the section of the Act". From the facts before the Court, it appeared that an ordor had been'made against Budgett in New South .Wales for the maintenance of his wife/ This order had,been brought to New Zealand, and an order- had been made in the Magistrate's Court, Wellington, for maintenance at the rate of £2 per week. The estate of Budgett's deceased brother was in the Public Trust Office, and the Public Trustee held for Budgett (as one ofr the next of kin) the sum of £863. The Magistrate had made a receiving order appointing the plaintiff (Beauchainp-Platts) receiver of this sum and tho question arose as- to whether (under the Destitute Persons Act) the receiver was-limited to the income, or whether he had power to satisfy the maintenance order out of the capital? As the Public Trustee is frequently appointed receiver under the Act named, ho was brought in on tho- proceedings. The Court held that tho maintenance order might, bo satisfied out of the capital. J