SUPREME COURT DIVORCE PROCEEDINGS.

Gisborne Times, Volume IX, Issue 874, 25 April 1903, Page 4

SUPREME COURT DIVORCE PROCEEDINGS.

(!;, y,;: A.- .i vav .'dr Justice Oun diy.)

A. Ac Aii’.' me Co.in yesterday morninit , 1 i‘„ .i; co Wihtuu David liurH.inu (pr-i;Soi.. ) V. Lm.riotto IJuniand m-spumb -U I ;w (co-rc.-pou-clt: -- (; -• i - A,i>; J>f f.u -.mi', 'v A.; Hvpaarfcil foe petitioner, said 1 ■ 1 A ■■■■• case there was no uppf-rtr:me:> of eith the respondent oc corespondent. xm> u.-*ii.c.-t cue in fm i, be ium.h. ti’.ii by ht.» ILdiioi-’s diree:;oi'.~ sub-Ui.m.cu s-rYieo was pubiished in iho district iu which they were Just known to have re.--ideb- A iv/ke’s Lay. Petitioner was married in ISBI. lie married a widow who ht-d live young ei:iidron. Xbero had been issue of the marriage thtee other children, the youngest of whom appeared to be about 13 years of age. In ISOu the petitioner, not being satisfied with the conduct of his wife, complained to her of her conduct, and she thereupon 'eft him and her children and went away. After a short time the petitioner followed her to Napier and induced her to return. In IbUG there were again difference.:. Tin's time in respect to the petitioner’s wages. She made certain demands upon him fur the custody of his earnings, wilted no refused to comply with, and site again left him and her children, selling the house - which was Iter property over their heads. Sho went awry to Hawke’s Hay, as she had done the year previously. Alter a few months the returned to this district, but she had no cotumur.iontion with petitioner, oho engaged in domestic soi\ice in. Toiago Lay, where she became acquainted v.itli on respondent. She left Toiugo Lay and went to Napier. At Napier she "resided with certain women, whose affidavit a were before the Court, and while there sue was confined or an illegitimate child, duo herself registered the bind of the eiiiid, and returned the father of cue child its being Agnow, with whom .••■he had become acquainted at Toiugo Lay. After her recovery in Napier sliu and this man travelled about the Hawke’s Lay district, taking service as a married couple. T.uey then disappeared, and no trace of them had since been found. In his evidence Wdliaru David Burmiud said respondent had left all the children with him, and he had kept them since.

The affidavits of Annie Bailey, Anna Payton, Eliza Foster, all of Napier, were rend. A copy of the certificate of birth of an illegitimate child was also put in. His Honor granted a decree nisi with costs against co-respondent. Leave to appeal for the rule absolute was granted after the expiration of three months. His Honor said that of course petitioner was liable to keep respondent’s children by the first marriage. Mr DeLautour said the petitioner made no objection to keep them.

IN CHAM BEKS. In the matter of “ The Trustee Act, ISSb,” and amendments and of the will of l’eter Meb'urlano, deceased, a petition for an onh r directing and authorising the trustees to sell and realise upon certain properties in the estate, was granted, with leave to tax costs of all parlies out of the estate, cither party to have leave to apply to the Court for further directions. Mr It. N. Jones appeared in support. In the matter of the application of An,l mr Horne, deceased, Mr W. Id. Lysnur, in support of tiro application, stated it referred to an intestate estate. There were four children of tho deceased, and the income from it only cumo to 12s a week. The properly was worth UGOO. He asked that an order bo made making the income up to 10s a week for each child. It was, ho said, possible to oxhaust tho capital by the new arrangement, but the death of the trustee made it harder on tho mother to keep the children. His Honor granted the order, to take effect from September 1, 1902,