MAGISTRATE'S COURT.

Pukekohe & Waiuku Times, Volume 9, Issue 585, 19 November 1920, Page 2

MAGISTRATE'S COURT.

YESTERDAY'S SITTING.

(Before Mr. W. R. McKean, S.M.)

APPLICATION FOR CANCELLATION OF MAINTENANCE ORDER.

An application was made by Fran's Denner, of Tuakau, for the mainellatkjn and variation of a maintennee order made on July 3, 1919, art mission of arrears, in favour of hit "ife, Phoebe Denner, amounting tc 19.

Applicant stated that under th< resent Circumstances he could no* rovide for a woman who would no' ;e with him. He referred to th<

i"st time the case came before the 'oui't, when the Magistrate adjournec u .e case in order that a reconciliatio: ould be arrived at. There was in ope of such. She would not liv< vvith him. He voluntarily agreed t oay his wife £1 per week, but sbuse mently a variation to 10s per wee was made. For eight weeks he coul lot work owing to sickness, and • term in the hospital. He was w ?arning £3 per week, and to continu contributing towards his wife's keewas a hardship on him. He was wii) ing to have his wife back; there w~ no reason why she should not' com' back and live happily with him. Mrs. Denner opposed the applic? tion, stating that she could not liv without maintenance from her hus band. She was earning about 10s pc week. She could not return to him He was never sober, and was always threatening her. The Magitsrate said that when the case first came before the Court, thf presiding Magistrate evidently did not think there were sufficient grounds for a separation order. Mrs. Denner stated further thai Denner was in arrears about £l9. Ap plicant said he did not drink heavily but had a glass of beer occasionally The Magistrate granted the application, Denner to pay the arrears ?t the rate of £1 per week.. He advisee' Mrs. Denner to make fresh tion for a separation and maintenance order, and the whole matter would be reviewed. CIVIL CASES.

Judgment was given plaintiff by default in the following undefended civil cases:—W. Fleming, storekeeper Bombay, v. A. W. Curtis, Waihi. claim £ls 6s 4d for goods supplied) with costs £2 16s: H. V. Dyke (Mauku) v. F. C. Maxted, blacksmith, Auckland, £3 9s, costs £1 8s 6d; William Roulston v. C. J. Renwick, Putaruru, £54 2s 7d for goods supplied, costs £4 lis 6d. «

JUDGMENT SUMMONSES. Kikaka Mackay, Pukekawa, was ordered to pay Mrs. E. Barnes, Pukekawa, £l3 7s 6d forthwith, in default four weeks' imprisonment, the warrant to be suspended for seven days. LANDON V. WALTERS. In connexion with the case A. Landon v. L. J. Walters, claim for the return of a gas-lighting plant, or its value, heard on September 16, 1920, in which Mr. A. M. Mowlem, gave judgment for Landon for the return of the lighting plant seven days, in* the alternative for payment of £2O and costs amounting to £6 17s Mr. A. Hanna, who appeared for defendant, appealed, security for appeal being fixed at £ls 15s.

At yesterday's sitting of the Court, Mr. W. P. Hopkins, who appeared fo? Landon, moved for leave to proceed on judgment on the ground that the form of the appeal did not follow the correct procedure under the Magistrate's Court's Act. The appeal wn<; abandoned by appellant.

» The Magistrate made an order accordingly with costs amounting to «2 2s. CLAIM FOR CAR HIRE. Messrs. Karews. and Ryan, formeiiy motor parage proprietors, Puk"kohc, claimed I.os from Henare Kaihau, junr., amount due for hire of a taxi t<> go to the Tahuna Settlement on May 26 for the funeral i f the late Henare Kaihau, senr. After hearing evidence, the Magistrate gave judgment for plaintiff f>v the amount, claimed, with costs amounting, to £3 7s. Defendant was allowed costs amounting to £4 10s for appearance at a previous sitting of the Court, when plaintiffs did not 'appear. Mr. R. G. Sellars appeared for plaintiffs and Mr. P. H. Basley for defendant.