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THE LEEWARD ISLANDS GAZETTE, [25 February, 1954]

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND
LEEWARD ISLANDS.

(ANTIGUA CIRCUIT)
(APPELLATE JURISDICTION)

Appeal No. 9 of 19538

Between:
Epwarp MarsH Appellant
and
AGRETTA Marsu Respondent
Before: DATH, J.

8. T. Curistran for Appellant.
EK. Ei. Harney for Respondent.

JUDGMENT.

The appellant was brought before the then Acting Magistrate of District ““B” to show cause-
why an order for the maintenance of his wife on the ground of desertion should not be made against him..

The facts found by the learned Magistrate may brietly be stated thus: The appellant and the
respondent were married on 20th June, 1912, and lived together until 21st October, 1916. During that
period the appellant ill-treated the respondent. He left the matrimonial home in 1916 and went to
Bermuda, where he remained until January 1920, when he returned home. He again left the matrimo-
nial home at Easter, 1920, and went to Bermuda, returning to Antigua in July, 1936. Since his return
he has been living with another woman and has at no time lived with the respondent; nor has he shown
any intention of resuming cohabitation with her. Between 1920 and 1936 he sent her only 14/-.
Since his return in 1936 he has been making small periodic payments.

On these facts the learned Magistrate found that the appellant had continuously deserted the
respondent from Easter 192() up to the date of the trial of the case, and ordered him to pay her the sum
of 10/- weekly as from 17th April, 1952, and costs $9.60.

4
Two grounds of appeal were advanced in this Court on behalf of the appellant:

(1) That there is no evidence in corroboration of the respondents allegation of desertion.

(2) That the formal order drawn up by the Magistrate does not set forth the date of the
commencement of desertion.

[t is not open to question that “ Courts of Summary Jurisdiction should follow the practice of
the Divorce Court not to act, in general, upon the uncorroborated testimony of either of the parties”.
Having regard to the evidence given by the appellant himself, however, I can see no merit in the first
ground of appeal.

As regards the second limb of the appellant’s case, I agree with Mr. Christian that the order
drawn up in the District Court should have included the date of the comme:icement of desertion. But
that date is easily ascertainable from the evidence and the Magistrate’s Reasons for Decision, and this
Court has power to remedy the defect which it now does by inserting in the first paragraph of the order
the words “since Kaster, 1920,” immediately after the words “is hereby adjudged to have deserted his
wife Agretta Marsh.”

The appeal is dismissed and, subject to the amendment indicated, the order made by the
Magistrate is affirmed.
W. A. Date,
7th January, 1954. Puisne Judge.

ANTIGUA.
Printed at the Government Printing Office, Leeward Islunds, by E, M, BLackman, ED,
Government Printer.—By Authority.
1954,

[Price 35 cenis.