RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1562, 28 September 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Geraldine— Monday, Snip.27»’lß|B. [Before H. 0. S. Bafideley, Eiq,, R.M., and W. H. Moore, Dr Fieh andßer, G. Barclay, J.P.V] CIVII. OASES. T. Tilson v. J. Joe—G!aimy£l3 6s. Judgment summons. The defendant did not appear* Plaintiff, sworn, said that.be knew dofendant bad been working flioce the judgmeat had been obtained. Plaintiff bad paid for (he defendant to cotne to Qeraldine from Orari Flat. . fie could not swear that defendant had ibeem working the whole of the time, but.he understood from others that, he had been working ..the greater part of it. He wat pretty well sure of it, but would not swear to it. The case was adjourned till next Court day to allow of plaintiff getting proof of the defendant’s ability to pay. AN IMPORTANT DECISION. ' Shaw v. Shaw. It will be remembered that at thelast sitting of the Court, Mary Shaw applied for an order to compel her father to contribute towards the support of her illegitimate child, the putative father, one James fisrmer, being absent from the colony and not get-atable. Mr Baddeley, on that occasion, sa : d he did not think ha had the power to make such an order. An exactly similar case had come, up in England which be would look up. The Industrial Schools Act, he stated, provided for such cases. He ' would ■ adjourn the case until the following Court day, to allow of his looking the case'>np. r Yesterday Mr Baddeley gave his decision in the case as follows :—“ I adhere to the., opinion expressed at the last sitting, that the father of the mother: of an illegitimate child cannot be saddled with the cost of its maintenance. A nuttiut fillius has no father, it is said, so how can he have a grandfather ? It certainly seems strange that in;.the event of the mother, being without funds, and. the putative father, not get-atable, that t|ie State should have to provide, as one would naturally think that the parents of the' mother of the child—who very probably through not being well looked after by her parents has fallen into vicious habits—should be charged before the public. , No doubt the policy of the law .is that in Oases of destitution the near relatives of those destitute should provide, but in the case of a bastard child it seems to bs different. Blackstone says ‘He is kin to nobody,’ and although the :mother while alive may be possessed of- funds no action could be maintained for the action of her child against the administrator of her estate after her death. The liability is’caat on the mother, and indeed the putative father also, only by Statute and not by common law. lJntil the passing of the Administration Act 1877 a JUlius rmllius could not inherit, although, of course, if named, he could acquire property unc er a will. At Home, where . the parents of a bastard child neglect to to provide for its maintenance' the parish officers, without the order' of' JUstices, have to. Hays v. Bryant, 1H;<B1. Here I suppose the matter should be dealt with under the Industrial; Schools Act. No order would be made in this caao. rt The mother of the child, said she ,was quite unable, to keep it. The father kept it at present, ‘ ; i! ‘, Constable Willoughby said the girl’s father was totally unable' .to khep the child. The family had bgcn coming down in the world for the hwt four or five years. The girfs. was a man of good, steady habits, and bore an excellent character. He (Constable Willoughby) would suggest the mother be ordered to keep the child till the authorities at the Industrial School be communicated with. Mr Baddeley then nude an order that the mother take ebarge-tof the child until enquiries are made with a view to.- its being placed either in . an ‘ Industrial , School or in charge of come proper person. ‘ This being all the business; the Court adjourned till October 11. .