AN IMPORTANT JUDGMENT.

Gisborne Times, Volume XXX, Issue 3559, 26 June 1912, Page 5

AN IMPORTANT JUDGMENT.

■CONCERNING A HUSBAND'S RESPONSIBILITIES. In giving judgment yesterday in the case of Hugh Marshall (Mr. Barnard), a case in which defendant was asked to make provision for the illegitimate child of his wife, Mr. AY. A- Barton, S.M., said: ■ “This is a complaint against defendant that he is the parent of Ernest Vareose, at present an inmate, ot the special school at. Okekallie, ' amt though of sufficient ability to contribute towards the support of the said Ernest- Ahucose in the said institution, fails to do so. The proceedings are brought under section 5 of the Destitute Persons Act, 1910, which is as follows: On the- complaint on oath oi any person that he is a destitute person, and has a near relative of sufficient ability to contribute to his support, or on the complaint on oath of any reputable person that any other person is a destitute person and has a near relative of sufficient ability to contribute to the 'support or that destitute person, a. Justice of the Peace -"may summon that near relative to -show cause why a maintenance order should not be made against him. It ’is admitted that the child in question is tho illegitimate child of defendant's wife, and was horn before the mar-

riage of defendant. The question, therefore, is whether the defendant is a, near relative of the child according

to the definition given in section 4

of the Destitute Persons Act, 1908. I am of opinion, after looking carefully into the matter, that he is not. 'The complaint will, therefore, be dismissed.” His Worship added that had the •child been under 16 years of .age the defendant would have been liable under section “26 of the Act , which was as follows:. “On the complaint on oath of any reputable person that any parent of a child under-16 pears of .age has failed or intends to fail.to provide the child with adequate maintenance, a Justice of the Peace may issue a summons to the parent requiring him to show cause why a maintenance order should not he made against him." The meaning ot the term parent in this -clause includes the husband of •the mother of any child, whether legitimate or illegitimate.