WHAT IS A NEAR RELATIVE?

Gisborne Times, Volume XXX, Issue 3556, 22 June 1912, Page 11

WHAT IS A NEAR RELATIVE?

PECULIAR* LOCAL CASE

A somewhat unusual case came before Air. \A r . A. Barton, S.M., at the Magistrate’s Court yesterday morning, when Hugh Marshall, laborer, of AVh atatutu, was charged with failing to contribute towards the support of a child in the special home at Otekaike, while possessing the means to do so.

Air Bernard appeared for the defendant, and objected to an order, pointing out that under the Industrial School Act defendant was not liable, as the child was an illegitimate child of his wife’s. His AVorshin said the case was brought under the Destitute Persons’ Act. Sergt. Hutton called the defendant to give evidence, but he appeared in an intoxicated condition, and the Magistrate ordered him to stand clown.

Mr Bnrnard said the question really deoended on whether the defendant was a near relative or not. His AVorshin quoted from the Act, giving a definition of a near relative. Air Burnard: Under that definition defendant is not liable, as is relationship is simply that he married the mother of an illegitimate child. He. pointed out that illegitimates’ near relatives were defined undei\,sub-see-t-ion 2, and they were' its mother, itsmother’s relatives, and its reputed father’s relatives. Tlie step-father was in a totally different position, and did not come within the meaning of the Act at all. Counsel said he had thought the case was under the Industrial School Act, and curiously enough the same thing applied there. His AVorshin: You say the defendant is not liable for the maintenance of the illegitimate child of his wife ? Mr Burnard: Yes.

His Worship said he thought there was a case on the question, and lie adjourned the case in order to look into the point raised,