MAINTENANCE.

Hawke's Bay Tribune, Volume II, Issue 7, 19 December 1911, Page 4

MAINTENANCE.

JUDGMENT IN THE CLAREBURT CASE. (By Mr. S, E. McCarthy. S.M.) NAPIER. The following judgment was delivered yesterday : — Complaint, under the "Justices of the Peace Act, 1908,’’ alleging that defendant is the near relative, to wit a son of John Clareburt, and is of sufficient ability to contribute to the maintenance of his father, who is a destitute person within the meaning of “The Destitute Persons Act, 1910.’ and a;i inmate of the mental hospital at Porirua, a "public institution" within the meaning or the said Act. The complaint was heard on the 4th and 11th days of December. 1911, when decision was reserved and is now given as follows : —This is a proceeding under "Tlie Justices of the Peace Act, 1908," for a maintenance order against the defendant in respect of the maintenance of his father, a destitute person within the meaning of "The Destitute Persons Act, 1910.” The defendant admits he is a son of John Clareburt. an inmate of Porirua, a "public institution" within the meaning of the last cited Act, and of "The Mental Defectives Act, 1911," and that he (defendant) is of sufficient ability to contribute to the support of his father. The sole question for decision is whether defendant is Fable for past maintenance, ix’ow, past maintenance is specially provided for in respect of illegitimate children byparagraph (c) of subsection (4) of section .5 of the "Destitute Persons Act." 1 think also that the terms of section 51 of that Act as well as section 133 of “The Mental Defectives Act. 1911." which, however, does not come into force until the Ist day of March, 1912, are sufficiently wide to cover past maintenance. The sole persons liable under these sections, however, are (a) the person maintained, relieved, or detained : (b) the husband of that person : (c) the father of such person so long- as he remains under the age of 21 years : (d) the parent as defined in section 26 of the “Destitute Persons Act.” of any person maintained or relieved : (e) putative father of any illegitimate child.

Sections 51 and 136 of the respective Acts just cited do not make children liable for the maintenance of their parents. On the other hand, sections 3 to 7 (inclusive) of "The Destitute Persons Act. 1910.” do apply to children, but the Magistrate’s jurisdiction to make an order is restricted to future maintenance (see subsection (2) of section 5). Where an order is made under these sections and the person is or afterwards becomes the inmate of a public institution as defined, the Magistrate may make the moneys available for those in charge of that institution (see sections -19 and 51 of "The Destitute Persons Act). In the present case, however, the proceeding being against a child in respect of the maintenance of its parent, no order can be made as to past maintenance. It seems as if the Legislature had. either accidentally or by design, refrained from making provision for the recovery of past maintenance from children in respect of their parents. An order will Pe made for future maintenance only. Defendant will lie ordered to pay the