MAGISTERIAL.

Timaru Herald, Volume LXXVI, Issue 11659, 18 January 1902, Page 4

MAGISTERIAL.

TIMARU—FRIDAY, JANUARY 17th.

(Before Mr C. A. Wray, S.M.)

CYCLING BY-LAWS. Two cyclists pleaded guilty to a charge of cycling on the footpath. The sergeant said that the offence was committed about 4.30 in the morning, in broad daylight. '< His Worship said that it was a breacn of the law to ride on the footpath at any time, but the early hour made it more excusable. A fine of Is was inflicted in each case. STONE-THROWING. A boy, aged 11, pleaded guilty to throwing stones at an engine on the railSergeant Warring said that complaints had been made by engine-drivers of boys throwing stones at the engines. Constable Miller was put on to stop the practice, and caught the boy throwing stones from the bridge on to the express train. Constable Miller gave 6vißence that he caught the boy" throwing the stones. He was° with some other boys, but he was the only one who threw any stones. The boy's mother said that her son was with other older boys, who led him into mischief. She had" thoroughly thrashed him for his offence. A fine of 10s was inflicted. .PROHIBITION. - A prohibition order was issued against a Timaru labourer. , MAINTENANCE. Mrs Lahore v. J. Lahore, adjourned for legal argument, was taken. Mr Rolleston appeared for plaintiff, and Mr Raymond for defendant.

Mr Rolleston said that plaintiff had some time ago secured an order against defendant for the payment of £1 a week for her maintenance. Previous to that there had been an agreement between the parties as to payment, and at the time the order was made there was £lB owing. She was now applying to have the order varied, by including arrears due. Counsel submitted that, under section 16 of the Destitute Persons Act, 1894, where a husband unlawfully deserts bis wife and fails to provide for her maintenance, the Court had power to order past maintenance as from the desertion. -•

Mr Raymond said that there was no power given to Magistrates to order past payment, except where the destitute person had been supported by some local body or the Government. Payments could only be enforced after the order had been made by the Court, and if the wife did not apply for an order at time of desertion she could not expect maintenance. His Worship said that he had no doubt that the Act only empowered Magistrates to make orders" for future maintenance. If a wife allowed her application for an order to stand over for a period it was her own fault. Payment could only be ordered as frcm the time the order was made.

Mr Rolleston said that the defendant was in arrears with his payments, and asked that he be ordered to find securities for regular payments. Mr Raymond* asked that the question be left for a few days. His client "had no notice that security would be asked for, and to press for them might injure the plaintiff. His Worship said that the Court could order security to be found at any time, but he did not wish to take defendant by surprise in the matter. The case would stand over for a week. YOUTHFUL HOUSEBREAKERS.

Three boys, aged 7, 8, and 9 years respectively, pleaded guilty to breaking and entering the premises of W. Penrose, G. Hilton, and A. Budd, Stafford street. Sergeant Warring said that Mr Hilton's shop was broken into between 1 o'clock, on Sunday afternoon and 8 o'clock on Monday morning. The boys got through a skylight into Mr Penrose's, breaking the glass, and then through to Hilton's and Budd's premises. His Worship called the mothers of the children before him, and severely cautioned them to keep their children at home under proper control, - The boys were ordered to. come-up for sentence.when called npon. _ - The Court then rose.