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The Dunstan Times.

FRIDAY, JUNE 24, 1870.

Boneaththoßuleof MenBNTiBELY just the pen i s iIIOUTIER thah th c 3 word

The necessity for an extension of the powers of the District Court to deal with sums amounting at least to 200/.

has long been recognised by the country districts, and we may even go further, and say that such is an adsolute want. “ The District Court “Jurisdiction Extension Act, 1866,” empowers the District Judge to the extent of 200?., but it has never been applied beyond 100?. We cannot see any reason why his Honor Mr. Wilson Grey should not be empowered to carry out the Act in its entirity. The expense to the country would be no more, while the public convenience would be better served. In the Court of Appeal the same Judge may adjudicate in mining cases involving thousands of pounds. Mr. Grey’s abi ity in these cases is unquestionable and every confidence is felt in his decisions. Appeals Irom the Wardens’ Courts are much more complicated and difficult to deal with, than mere cases of debt, it therefore becomes absurd, that the Judge of the Distinct Courts should be incompetent to deal with debt cases up to two hundred pounds, while at the same sitting, he may adjudicate in mining disputes involving many thousands. Where the prices of commodities are so high, and labor so very dear, as is the case in Otago, and more especially on the goldfields, a hundred pounds is by no means a large amount. It is quite a common thing for an ordinary mining party to be indebted that amount to their storekeeper, while there are scores of cases where private persons owe similar suras for every-day necessaries. One hundred pounds may appear to be a lot of money in the old country, but we don’t want old country notions here. In Otago our wants are much greater than at home, but our means are correspondingly proportionate. One bundled pounds in Clyde will not produce as much as in London, the same commercin' value is not attached to it, and when we come to consider that the District Court, being also a Court of Appeal, likewise holding sittings in Bankruptcy, ic is simply ridiculous to limit its jurisdiction in common debt cases to one hundred pounds Instances occur almost every sitting, where the limited powers of the District Court amounts to a positive denial of justice. A trader has a debtor owing him, say from one hundred and twenty to one hundred and fifty pounds, now, to recover this sum, he would be obliged to have recourse to the Su preme Court, and perhaps incur expenses amounting to one third of the whole, besides suffering delay and loss of time equal in value to the balance. He chooses therefore the least of the two evils, and reduces his claim to one hundred pounds, which amount he sues for. in satisfaction of the whole, and obtains a verdict by a simple and inexpensive process.

While writing upon the subject of District Courts, it occurs to us, that the time has now arrived when sittings of the Supreme Court, in both its criminal and civil jurisdiction, should be held at Clyde. “ The Supreme Court Act, 1860,” provides that for the despatch of civil and criminal business of the Court before one of the Judges thereof, it shall be lawful for the Governor in Council to appoint Circuit Courts at such places and times as he may seem fit. Every Criminal Session held in Dunedin costs the country hundreds of pounds to secure the attendance of witnesses from the up-country districts, the whole ot which might be saved were Courts held on the spot. Last Session this fact was particularly noticable, and to secure the conviction of two Chinese swindlers nearly a whole coach-load of persons were taken to and from Dunedin. Both of these cases might have been dealt with here did our Courts possess the necessary machinery. It is not only a money loss that we suffer from the want of a sitting of the Supreme Court, but the productive labor of a number of persons is lost to the country at large, leavingoutaltogether the inconvenience persons are subject to while attending as witnesses by neglect of their business and the ordinary affairs of daily life. Clyde is so centrally situated that it wouid be a positive advantage to the whole of the Northern and North Western Goldfields were sit* tings of the Supreme Court established here. We feel assured that the sub* jects herein referred to only require to be taken up by the public to ensure both measures being accorded to us It is now some months since we referred to these matters, and We hope that before the close of the present Session of the House of Representatives wo shall be pud in possession of what wo now seek to obtain.

The speech of his Excellency the Governor, as reported in our last issue, while congratulatory in its tenor, cannot be read without expressions of satisfaction at the progress made by the colony since Parliament assembled the last time, as well as the measures now proposed to be introduced for its still further advancement With respect to the Native war and the Native difficulty, the details of which are too complicated to be interesting at this distance irom the scene, we can only say that we hail with joy any intelligence of a pacificatory character. Whether it is Rapata, Topia, Te Kooti or any other cannibal chief that has gained a victory matters little to us. It is peaCO that we want, and soUong as our’money is not squandex-ed away upon gunpowder and Minie rifles when it is required to make roads and other intex-nal improvements, we will remain satisfied.

The establishment of steam Communication between this Colony and the United States cannot fail to be productive of the most beneficial results. New Zealand is no longer an out of the way island. It has become one of the terminal points between America and Australia. Byway of San Fi-an-oisco is the nearest route by which we can hold intercourse with Europe and America. The path in not over a desolate and tux-bxilent waste of water. The- seas are calm and studded with the fairest islands that ever the sun shone upon, and the climate is genial, and so fertile that the earth almost spontaneously yields forth its most delicious fruits. The island populations, though px-imitive in manner, are so from being far removed from tlxe highways of commerce. They are, nevertheless, industrious and virtuous, and with proper training may become valuable additions to our badly supplied—labor nxax - ket. Steam postal cohlnlunication with California has made New Zealand the capital of Oceania. ' It has practically added another quarter to tlxe world, While it has opened to us a field for enterprise, the value of which it is almost impossible to contemplate. Assisted immigration and the encouragement of public works, we are glad to see, has engaged the attention of his Excellency. One is so co-exis-tent with jthe other as to be iuseperable, for uijless we can furnish immigrants with employment, it xs of very little use sending for them. The construction of a telegraph cable between New Zealand and Australia will still further assist us in our intercourse w>th the nations of the earth, and make us less an island than we really ax-e. Measures to re-adjust the representation, vote by ballot, amendment of tlxe law of bankruptcy, reduction of tlxe rates ot Inter-provincial postage, re-union of Ovago and Southland will doubtless be can-ied. Tlxe last matters referred to by his Excellency—increased facilities for the registration of titles and the tx-ausfer of land—it is to be hoped will at an early date engage the attention of tlxe House, and we should like to see, ere the close of the Session, a system of local registration introduced, Torren’s Act made applicable, and not allowed to remain a dead letter as is now tliC case.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/DUNST18700624.2.3

Bibliographic details

Dunstan Times, Issue 427, 24 June 1870, Page 2

Word Count
1,343

The Dunstan Times. FRIDAY, JUNE 24, 1870. Dunstan Times, Issue 427, 24 June 1870, Page 2

The Dunstan Times. FRIDAY, JUNE 24, 1870. Dunstan Times, Issue 427, 24 June 1870, Page 2

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