MAGISTRATE'S ORDER VARIED.

Auckland Star, Volume LV, Issue 151, 27 June 1924, Page 4

MAGISTRATE'S ORDER VARIED.

QUESTION OF SURETY. HUSBAND TWICE ARRESTED. "I think it a very cruel thing to put this man in gaol, and cruel alao to apply for the warrant," said Mr. F. X.. Hunt, K.M., at the Magistrate's Court this morning, when giving his decision in a case in which application was made to have a bond of surety varied, and also payments on a maintenance order cancelled during the period the defendant had been in prison. Mr. A- Moody appeared for the plaintiff, James Fielder, and Mr. West (instructed by Messrs. Burnard and Bull) opposed the application on behalf of tire defendant, William Moar, of Gisborne. In support of the application, JTr. Moody said that at Gisborne oa December 22 last an order for £3 a week maintenance was iiriule against Kselder by Mr. E. C. Levry, S3L, who also ordered defendant to find a surety of £170. At that time FteiSer tsras a postal employee at VVEcangarei at a salary of £29rJ, and after tfce ease fee went tack to WiangaxeL T&e postal authorities CEten taW. Km t&ey dTd not care for i&aJt sort off tiling, and Ffeldfer resigned- iacving a. certain smanni of ■KrrnT-arninmtfrm matter e£ns to* him- Qn the mafntemince anler Be gp& nt arrears tr> ifce imuant af £12, and was arrested. Tfio umnmt was paid, and Fielder then got *mpfoyinent as a Haßcrtmer, tatt on April 19 he was igiin arrested, this time far faffing to find , the band of £170. "Since then the rmm has been in janV added Mr. Moody. Mr. Hunt: Was Ite m arrears when lie wag arrested fTi» second time? slr. Jloady: I dvn 1 * tncrar that. I wanld have to Trarfc it crrrt. T want to say that dice cfrcamEtiiiees have changed and «sfc fftgit the order be Taxied, and the security dispensed Tsrrtb. His Warship; He is in gaol now. That's iro good to anybody. 3lr. West; I am not accquainted with the facts, and merely oppose the application upon instructions recerved. T take it the magistrate vrfto Beard tlie case was satisfied a bund should be given. The man had £IKS coming to him fn superannuation. His Worship: Why soanlil Qic wife collar the lot? Mr. West: It is not a. mater of collaring' the lot; it is merely- Lodging the money- as agtanaCy. I. sijimit tlia;t the magistrate wiio heard the case should hear this appiTcatum. fUs Worship: It is ratfiiar Hard" to put a man iji gaol if" lie liaan't any mrynnyJlr. West: If lie gives tie bond lie ca.ir walli: oirfc. of* gaol toy-mnrrnw.. His Warship: WitßoTit a feather to fly- wftn. 3le. Moodyr TTie amount of tfe superannTUttibn fs £TG2_ We are prepared to lodge £100 in Court nmr.. His Worship = I am not gonig- to , \tary the order generally- but I will orderhim to deposit £100 fn Court.. Mr. West.- Your Warship refuses- my application to take evodencß in Gikßorne iii opposition- to the applicatibn. to' vary the liami? B3s Worships Te<r;: and I ant goinsr to suspend the maihtemmce order of" £3 a weak during the time Be Baa been in gaal> that & r from April 13 till day. Mn. West:: T might pofirfi out; tha£ E have called no evidence aii all., i Mr. Huntr I how that.