DESTITUTE PERSONS ACT.

Lyttelton Times, Volume CXV, Issue 16737, 18 December 1914, Page 11

DESTITUTE PERSONS ACT.

A DEFECT. [Per Press Association.] WEdLLnUTON, i>uc«.iuOcr 17. Some strong observations upon defects ill the JUestitute Persons »vct were passed by Mr T. jN'eavo in tho Magistrate's Court to-day. Tho case was one in which a young woman, lately of Alexandra South and now of Wellington, proceeded against a man at present living in Alexandra South lor maintenance of an illegitimate child Mr Neave appeared for the putative father and entered an emphatic objection to tile case being heard in Wellington. It should he taken in Alexandra South, where both the parti is were well known. No doubt there *vas jurisdiction to make an order here, notwithstanding the fact that the parties lived elsewhere, but the Court being without the advantage of hearing witnesses in person was not in a position to do as complete justice between j the parties as a Court in Alexandra! South, where the acts comphined of were alleged to have taken place. Itj was certainly not fair to the man. Mr Kettle," S.M., and Mr Cutten, 3.M., had both pointed out a depot in the Destitute Persons Act in this respect. Even in the first days of British jurisprudence it was a primary canon of justice that a man should be tried by men of his kindred. Clearly an action like the piesent one was not contemplated by the statute and he asked his Worship not to g : ve effect to a defect. The Destitute Persons Act was clearly in error and should t>o amended to" prevent such a contingency in the matter of venue arising in future. The Magistrate concurred in counsel’s remarks and reserved his decision.