MAGISTRATE’S POWER

Hokitika Guardian, 23 September 1932, Page 6

MAGISTRATE’S POWER

AN ORDER VARIED. M INSTANCE IS RARE ONE. (Per Press Association— .Copyright.) '(. WANGANUI, -September 22. ■’ One of the rare instances in which i .»arMagistrate has power td, vary the 'order of a Judge of the Supreme ■Court was , noted in the Wanganui 1 '-Magistrate’s Court, when Mr J. H. SaliUon, S.M., made a variation, in > terns of the Destitute Persons Amendment Act, 1932, ip respect to a maintend nee order. 1 ! ,; The case called related to the maintenance of a person in a mental hos•’pffcal in whose; interests Mr Justice MacGregof ’ h4d made an order. The ‘■cifefeindant on/that occasion had since ■Mien upon" hard times, and all the birefimstarieessurrounding his case ''prompted leniency on the part of the 1 State which 'wis collecting payments made in respect to the order. Prior j r to the passing/, pf an amendment in ■‘•■l93o the^' i ' , w'a’^|pp' T than--that |iujpi^me/Cp'urt;;bt6" make The 1930 amendment, however, gives a Magistrate jurisdiction, subject to certain condi--.tionij, to vary., 9irdprs -registered by .the-.-higliier Court under the Destitute Persons, Act, (section 8), 1926. . It is not lawful for a Magistrate to increase the amount of any such order to an amount greater than £3 -per (week. . Nor does the amendment rapply to cases in Nvhich the Supreme j Court has made an order for more j than £3 per- week, or where the Suprem<j) Court, disordered security to be givep for perfprmance of the order. Nor I does i| : apply;. ;i ; when proceedings fed icancellftidn'; 'variation, or suspension, of the- order are . pending, or in progress, either in the Supreme Ttnirt ir the Magistrate’s Court.