A MAINTENANCE ORDER.

Putaruru Press, Volume IV, Issue 160, 25 November 1926, Page 4

A MAINTENANCE ORDER.

APPLICATION FOR VARIATION, Refused by Magistrate. An application for the variation of a maintenance order, of £1 per week for his wife and £1 for his eight-year-old daughter, made against H. McDonald, formerly a wheelwright and blacksmith of Putaruru, was heard by Mr. \Y. G. K. Kenrick at the Putaruru Magistrate’s Court on Thursday. It was stated that the order, with one for separation also, was made on May 20 last, and McDonald was now £2B in arrears. Several charges of failing to comply with the order of the Court were taken in conjunction. McDonald said that after his wife had secured a separation and maintenance order against him he got work at Te Whetu. He received a telephone message through his wife asking him to come from Te Whetu to Putaruru, as the holder of the second mortgage on his property had threatened to sell it up. His wife later told him that she could get the second mortgage lifted if the property was put in her name. She would not say who was going to take over the mortgage. Applicant said he was going to try to sell the property. Prior to this his front door had been burst in, and his furniture, books and many tools had been taken away allegedly on his wife’s instructions. McDonald said that since the separation he and his wife had been together for six days on end. He had at that time given his wife several accounts to collect.

Reverting to his financial position, McDonald said he carried his swag out of Putaruru to Te Whetu, leaving his tools. He got work at Te Whetu but lost the job through having to come at his wife’s bidding to Putaruru, and he had been able to get only two days’ work since last May. He had not refused to maintain his wife ; he simply could not do so unless he got his tradesman’s tools. He was quite willing to do whatever he could to meet his wife’s wishes. He would let her have the house and furniture providing he got his tools.

Cross-examined He denied that he would receive £2OO if he sold his house. When he paid his legitimate debts he would not have £25 left. In any case he would not sign a transfer until a certain order on it was lifted.

The magistrate said it would seem that McDonald was not prepared to do anything to get his affairs settled. Continuing, witness said he believed his wife had money stowed away. He had paid £2l under the original order. He had no other property besides his house and section, and no other means.

James Murphy, police constable, stated that until 18 months ago McDonald was a hard-working man and stuck well to his business. Later the police had to take out a prohibition order against him on the complaint of Mrs. McDonald. A. C. Vosper said he had known the family since they first came to Putaruru. McDonald would be hard to beat at his trade. Work was very scarce in Putaruru at present and a man without tools would have difficulty in getting work. Mrs. McDonald said that after paying- rent she had, if the order was complied with, T4s 6d per week to keep herself and daughter. Regarding- the tools complained of as havingbeen taken, witness said applicant left his tool trunk unlocked and other people had been into the shed. Witness owned all the furniture, purchased with money earned by herself. The magistrate said McDonald was acting wrongly in not getting his affairs straightened up. He appeared to be a good workman but he was not endeavouring to get more work than would keep himself. The magistrate could not make any variation but he would cancel £7 of the first £l4. McDonald should sell his property and so endeavour to comply with the order of the Court.

On charges of failing to comply with the orders McDonald was ordered to pay £l4 forthwith or go to Mount Eden for a month. Decision regarding the balance of arrears was reserved until next Court session.