RESPONSIBILITY FOR WIFE'S DEBTS

Dominion, Volume 12, Issue 2, 27 September 1918, Page 7

RESPONSIBILITY FOR WIFE'S DEBTS

WHEN THE PARTIES ARE SEPARATED, An intricate legal point was involved in a caso which came before Mr. If. V. Frazer, S.M., iii the Magistrate's Court yesterday moniiug, wlien the ■Wellington Hospital awl Charitable Aid Board proceeded against William M. Robinson to recover £8 18s. Id., due for the treatment of his wifo. The facts were admitted, but tlio difficulty in tho matter was that the defendant was separated from his wife, and was contributing to her support under a maintenance order, and the question submitted was whether the husband, under the circumstances, was responsible for the debt.

Mr. W. F. Ward, who appeared for the plaintiff, contended that section 51 of the Destitute Persons Act laid it down that the'liability of the husband existed quite apart from any question of maintenance.

Mr. H. F. O'Leary, for the defendant, argued that section 50 of tho Act specifically provided for cases liko the present, and that section SI did not apply. It was pointed out that section 50 provided that where a maintenance order was in. existence the whole or part of the moneys payable ■thereunder might bo ordered to be paid over to the Hospital Board. Section 51., which was couched in general terms, merely provided that the cost might be recoverable from,the husband as ail ordinary debt. The question for consideration, was whether the ■specificprovision of section 30 'did not override the general provisions of section 51, and thereby release the husband eir liability for the debt.

■ The, Magistrate held that tho question' was of considerable importance, and reserved his decision.