MAGISTRATE'S COURT.

Taranaki Daily News, Volume XXXXV, Issue 71, 24 March 1903, Page 4

MAGISTRATE'S COURT.

MONDAY, 23rd MaßCH—Before Mr B. L. Stanford, B.M. MAINTKNiNOK O&BE—MITTEN v. MITTEN. This was a case in which Thomas Mitten, an elderly, man, formerly of Okato, but now living in town, sued bis brother, William Mitten, farmer, Nelson district, for maintenance under the Destitute Persons Act, 1894. Mr F. Wilson (Roy and Wilson) appeared for complainant, and Mr Quilliam (Govett and Qulliam), instructed by Pitt and Moore, of Nelson, appeared for the defendant.

Thomas Mittec, the complainant', de-pM-d that he had a fall old age pension of £lB s year. He got food given him by neighbours. He understood his toother "William was in good circumstances as a farmer in the Ngaticoti district, Kelson. His brother got his lather's property at Okato. To Mr Qailliam: Cannot say how kwg I have had the old age psnsioD. Have done some digging for Mr Goldwater. Worked a month for him. Sid nothing before that. Was living In Gill Street, and paid 2s a week rent. Had been in the Old Men's. Home. Was there a good many years, but did not like it. Left the Home to go and earn his own living. Have got: four brothers-John, Henry, and Edward besides Thomas. They are all farmers in the Nelcoc district. Sued Thomas . because be has the land at Okato.

Mr|Wilson explained that the land at Okato was granted to Thomas Mitten as a military land grant. His father cime up here and Thomas transferred the land to his-father on the latter agreeing to pay Thomas 5s a week. The father died without a will, and tfae land passed away from Thomas. John Mynott, labour agent at New Plymouth, said he had known complainant some years. Mitten left the home about four years ago. Have assisted him since that time. But for i food supplied by the neighbours he I would often go short. When he wes turned out of the refuge witness wrote to his brother and asked him to eliow complainant 5s a week which had been allowed him. Got no reply. Then wrote to others, amongst them the Rev Williams, Wesley an Minister, who went to the Public Trustee; the latter wrote saying that the estate had beso administered by the brother, W. Mitten. Also got a letter from a neighbour, who replied. [Letter put in,] By Mr Qailliam: Have tried to befriend th# complainant. Mr Corkill was chairman of the Hospital Beard at the time complainant lofo the Home.

Mr Wilson said he had another witness named Handy wham he proprsed to call if His Worship was not satisfied, bat he could not attend then, and he would have to ask for an adjournment. The S.M. said he was not Sitisfied defendant was in a position to contribute. Mr Wilson said then he would call evidence. Mr Quilliam asked if His Worship was satisfied the complainant was not a destitute person under the Act. If he held he was i; defeated the whole object of the Old Age Pensions scheme. His Worship said ha was not satisfied on that point, and would like to hear it argued. He noticed some Magistrates in the south held the psnsion was insufficient, and had made orders ■gainst relatives. He would take time to consider this p.'int. Finally the case was adjourned till 1030 on Wednesday next, when Handy's evidence will be taken, and argument heard.