THE MAGISTRACY

Dominion, Volume 11, Issue 178, 17 April 1918, Page 6

THE MAGISTRACY

i IMPORTANT CHANGES FORESHADOWED , SALARIES TO BE IMPROVED SOME RETIREMENTS TO TAKE PLACE Changes in the personnel and status ot me Magistracy were ioreehadowed by tlie_Minister of Justice (the Hon. T. M. on Monday in replying to a deputation lrom the Wellington Law Sociely. The deputation was headed by air John Findlay. Sir John I'limiay said that in August last tno j Law Society had laid oeforo .Mr. Wilfords predecessor grounds for tho iuconsideration of the salaries ami appointments of Magistrates. Tho iJon J \. Hunan had tiien admitted that the salaries the Government was offering were not large enough to attract to tlie Jiingisl terial iiench men of adequate experience and knowledge-. Tlie deputation wished to press this [joint again upon tfie attention of the Minister of Justice. Men .vho were earning considerable salaries in their profession could not be expected to accept appointment as Magistrates uttes they were offered adequate salaries, and the society felt that tlio increase in the salaries of Magistrates should be substantial. This change would nave an immediate effect. Tliere were h.-ghly-qualih'ed men following the profession lit law who woTc attracted towards judicial work and would »u willing to ba.ome Magistrates if f?ie payments were.reason, ably large. A metropolitan Magistrateshould receive XIOOO a year. Other Magistrates might be. paid Horn £ ? ii\\i to .£950 ii year. 'I'h.e present weaknesses of the Magisterial Bench, were duo to the small salaries. The Magistrates discharged a very important function, and they should be placed beyond any l.inu of financial- pressure. There should bs a careful review of the capabilities and qualifications of llm present Magi-stratcs, and the men should be assigned to the districts for which they were best fitted. Sir John Findlay read the resolution passed by the Wellington society, and Kiiid that it was supported by the profession all over tlie country. , Mr. 11.I 1 . Levi said that if the eujaries were inadequate the Bench hau to be occupied more or less by men who were failures at their profession. Air. .11. i\ vj>n Haast said that under present conditions the appointments lo the Magisterial Bench were consolation prizes rather than the rewards of r.bility. The Minister said he realised that the deputation represented tlio legal profession throughout New Zealand, ho felt that the hrst point requiring attention was superannuation. A Magistrate ui.der present conditions received superannuation on retirement on the basis of onesixtieth of his salary for every year of service. It was usual to appoint men to the Magistracy when they were at least forty years of age. If a Magistrate re* tired at tho age of 05 years after 25 years' service, his retiring allowance, based on a salary of «£7OO a year would be about ,£3UO,-a year. This was quite inadequate, and he bolieved the sinallness of the retiring allowance, was ono of the chief things that discouraged n.en iroiii going on tne .bench. Ho had said in tlie piusc, and he still believed, that a metropolitan Magistrate should be paid JiIOOO a year. The Magistrates dealt with matters that were just as important to the people as the cases that vont to the .Supreme Court. The most intricate point of law might require to lv connidered in a case involving a very small eum of inoney. A Magistrate had criminal jurisdiction as well as civil. It was most necessary that Magistrates ehould be men of deliberate judgment and high.capacity. In the soleetiou of Magistrates the most difficult point was to say who should bo the judge of the fitness of tlio man. A man well versed in tho law might lack the judicial temperament. A man uiight. bn a brilliant jurist, yet a child in dealing with the human iactor. Low salaries might mean a weak. Bench. But it had to bo remembered that any increase in salaries would have to apply lo the Bench that existed. "If we were starting afresh, your arguments would be unanswerable," added the l>l inister. He wanted to make important changes in tho Magistracy. Already ho had appointed two relieving Magistrates in order that each Magistrate- might have one month's holiday in.each year. Ho was hoping that thero would be great changes in the personnel of tho Magistracy by "the retirement of some men on account of age shortly. An increase in. the retiring allowance seemed to be the first need. Then an advance <f the salaries of metropolitan Magistrates to JiIQOO a year would raise tho ►■tnmhrd. The increasing of the superannuation would clear the ground for the appointment of the best meu who were available at improved salaries. He was trying to arrange that.