SUPREME COURT.

Lyttelton Times, Volume CXV, Issue 16486, 27 February 1914, Page 11

SUPREME COURT.

Thursday, February 26.

(Before his Honor Mr Justice Denniston.)

APPEAL AGAINST MAGISTRATE’S DECISION.

William Hoxman (Mr Donnelly) ap--1 pealed against a decision by Mr T. A. B. Bailey, S.M., under the Destitute Persons Act, in which the appellant was adjudged the father of respondent’s illegitimate child. The question of appeal was the sufficiency of corroborative evidence given in the Lower , Court. ! Mr Cassidy, who appeared for the respondent, stated that tlio law in regard to proof had been altered by recent legislation. Under the Destitute Persons Act of 1908, section 157, the proof on appeal must bo to the satisfaction of tho Magistrate; New Zealand law had been brought into lino with the English law. The same principle was established by the Act of 1910. i Mr Donnelly said that his Honor had given a decision that tho proof must be to tlio satisfaction of the Judge.

I 1 His Honor said that he was not prepared to rule on that point at present. 1 The respondent gave evidence and stated that she went to help the appellant’s wife, who was ill, in June and July last, when the acts took place. i 1 Argument was heard as to the 1 weight of evidence in respect to the Magistrate’s notes. | ■ ,Mr Donnelly submitted that there was no corroborative evidence as required by statute, and that the girl’s statement could not bo relied upon, i After hearing further argument as to what constituted corroborative evidence his Honor reserved judgment. IN BANKRUPTCY.

Mr E. Harper, on behalf of A. J. White and Co., moved for an order de.I‘daring 1 ‘daring Frederick John' Bogt a bankrupt. , , , His Honor granted an order accord- ; ingly.

WELLINGTON. [Per Press Association.] WELLINGTON, February 26. Decrees nisi were granted in the following divorce cases heard at the Supreme Court to-day:—Arnold William Jacomb v. Elsa Emily Jacomb, misconduct; Emily Jane Martin v. Henry Campbell Martin, misconduct.