MAGISTRATE’S COURT.
MAINTENANCE CASES. ORDERS FOR PAYMENT MADE. At the Magistrate’s Court at Paeroa on Monday, before Mr F. W. Platts, S.M., J. H. J. Johnson, Netherton, was charged with arrears in maintenance in respect to four children who were in State charge. Mr R. S. Carden, for defendant, stated that Johnson had a farm at Netherton which he had been compelled to leave. In the meantime the stock had gone back and a bad season came. It gave him no chance to make the payments. With the coming of a good season and an increased herd there were better prospects for the payments to be made regularly. Subsequent evidence showed Johnson’s affairs to be very involved, there being £5OO in debts outstanding, of which he had not yet been able to commence payment on. The Public Trustee had a lien of £2O per month on his butter-fat cheque. There was also maintenance to his wife and other children to be considered. He was left with £3 10s a week to live on. His herd had not paid in the. flush season, but he had hopes of recovery now, especially with an increased herd. Sergeant Calwell intimated that the police strongly opposed any further reduction of arrears, which question arose out of defendant’s application for a remission of further arrears. Defendant was ordered to pay £2 a week, payment for the first four weeks to be paid on September 20, in default of payments three months’ imprisonment. Frank Kensington, Eketahuna, who did not appear, was charged with arrears of maintenance for an illegitimate child. K
Mr R. S. Carden, for complainant, stated that Kensington was a. married man working in a store. The case had been before the Court before, when defendant had applied for a variation of the order. It was understood that he was again going to make an application for variation. In the meantime Mr Carden asked for an order’ for committal to be made, and the order for variation could come up later. The order, totalling £22 6s to July 29, 1929, was granted, and accused was sentenced to three months’ imprisonment, to be held over provided defendant paid £1 a week. JUDGMENTS DELIVERED. Judgment for plaintiff by default was given in the following cases :— W. J. Simpson v. A. R. Russell, £2 ss, and £2 2s costs ; J. T. Brown v. J. Harding, £l3 15s 6d and £2 16s costs. In the case W. Donaldson v. H. Kerchar, Mr O’Neill, for plaintiff, stated that the summons had been issued for hearing at Paeroa on February 12 last. Defendant applied to have the summons struck but on the ground that he was a half-caste native, and should have been served with a Maori translation of the summons. The Court had then ad;.ouened the summons to enable , the Maori translation to be served on defendant. The defendant then applied to have his evidence taken at Port Awanui, near Gisborne, the application being setdewn for hearing on March 21. Instead of having his evidence taken on that date, however, the defendant had applied for an adjournment, and as the Court was held at Port Awanui only once in three months the date for the hearing of evidence was June 7. Still hopeful, Mr O’Neill stated that he waited in good faith for this evidence to come to hand, but it did no’.. He then instructed his agents in Gisborne to take the matter in hand. They applied to change the place of hearing to Gisborne, and ve»’y speedily had the matter brought on there. The defendant then still declining to proceed with his evidence, they applied to have the application struck out. Mr O’Neill now applied for full costs as on a defended action, together with the costs of the agents’ appearance in Gisborne.
Judgment was accordingly given for the amount claimed, £l2 18s, Court costs £1 ss, and solicitor’s, fees £4 3s 6d.
JUDGMENT SUMMONS. Gee Bros. v.’L.’Saunders, £5 2s ; in default four day’s’ imprisonment.
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Hauraki Plains Gazette, Volume XXXX, Issue 5461, 14 August 1929, Page 2
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668MAGISTRATE’S COURT. Hauraki Plains Gazette, Volume XXXX, Issue 5461, 14 August 1929, Page 2
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