MAINTENANCE CASES.

New Zealand Herald, Volume L, Issue 15479, 10 December 1913, Page 5

MAINTENANCE CASES.

AN UNUSUAL POSITION.

QUESTION OF FORMER MARRIAGE.

The hearing of a claim for maintenance, in which the circumstances were somewhat unusual, was opened at. the Police Court yesterday before Mr. E. C. Cutten, S.M., when Ellen Georgina Perrin (Mr. Matthews) proceeded against William Perrin (Mr. Grundy).

Mr. Matthews stated that the parties were married in 1891, the defendant, who had advertised without success for the woman he had previously married, representing himself as a widower. Years later, complainant discovered an agreement between the defendant and the woman he had previously married, Agnes Perrin, wherein the latter undertook to leave the Dominion in consideration of £80 being paid to her. He submitted that the complainant was entitled to maintenance whether there had been another marriage or not.

Mr. Grundy applied for an adjournment, so that the evidence of the defendant might be taken at Palmerston North. He added that if the defendant could prove the existence of a marriage which had taken place before that with the complainant, the Court had no jurisdiction in respect to the latter.

Mr. Cutten: Why do you suppose that the woman would go through the form of marriage with the defendant if she knew that he was already married ? His Worship added that he would have to act on the marriage certificate before him, unless another marriage could be proved. Mr. Grundy: That is why I wish to bring evidence. Mr. Cutten: You can't expect much sympathy from the Court. Mr. Grundy: I admit that; but the man probably thought his first wife was dead at the time.

An adjournment until January 13 was granted.

"NOT MY CHILD."

Alfred Anderson, who previously served a, term of 10 days' imprisonment for failing to obey the order of the Court to pay 5s per week towards the support of his child in an industrial school, again appeared on the same charge. "Why have you not paid it?" asked Mr. Cutten.

"The child does not belong to me," answered the defendant.

Mr. Cutten' said that that point had been decided when the order was made, and sentenced the defendant to 14 days' imprisonment, unless the order was obeyed and the arrears paid at tho rate of £1 per week.

MISCELLANEOUS.

Henry Matthew Young (Mr. Hacketl) was proceeded against for maintenance by his wife Eveline Ann Young (Mr. Matthows). An order of 25s was made.

Ernest Henry Gordon Spain, whose maintenance order towards the support of his wife, Ruby Spain (Mr. Pren'dergast), was £6 5s in arrears, was ordered to pay 5s weekly in reduction of the amount in addition to the previous order for £1 5s weekly. The defendant said his earnings, when in full work, were £3 Is per tveelc, out of which lie paid £1 10s to his mother. A sentence of 14 days' hard labour was imposed in the case of James Wheeler for his failure to pay 5s weekly towards the support of his child, the sentence to be suspended so long as he pays 5s weekly in reduction of the arrears.

For failing to contribute 5s per week towards the support of his two boys at the boys' training farm, Wcraroa. Frederick Wilson Nees came before tho Court, tho arrears being stated to be £20. After questioning the defendant as to his circumstances, His Worship decided to remit the arrears on the understanding that the order was complied with from date.

For not complying with the order of the < on it to contribute towards the support of his child, Keith Russell Jones was convicted and sentenced to 10 days' imprisonment. the sentence to bo suspended as long as he pays £1 per week in reduction of the arrears, totalling £5 ss. With a sick wife and seven children to provide for out of a weekly wage of £2 14s, Richard Bavister was' granted tho cancellation of the order requirini: him to pay 2s 6d weekly towards the support of his son at the boys' training farm, Weraroa.