The Globe. TUESDAY SEPTEMBER 10, 1878.

Globe, Volume XX, Issue 1426, 10 September 1878, Page 2

The Globe. TUESDAY SEPTEMBER 10, 1878.

Shortly before the opening of tho Assembly; it was authoritatively stated by certain journals, evidently in the secrets of the Government, that a most momentous change would bo made in the administration of justice. Resident Magistrates’ Courts, it was said, would bo abolished, and their jurisdiction placed in the hands of what is popularly known as tho Great Unpaid. The announcement was not well received at the time, but people waited for further developments in the proposed reform. There is now before tho House of Representatives a measure called the Local Judicature Bill, which embodies in substance tho proposals which rumour had attributed to the Ministerial mind during the recess. And in a rather loose, disjointed, and crude way, this Bill treats what may fairly ho called one of tho most important questions of the day, that of placing upon a satisfactory footing tho administration of tho law in the inferior Courts, In a few words tho main features oi; tho measure

are: they increase the jurisdiction of District Courts to a very considerable extent at tlio expense of that of the Supremo Courts, and place the work hitherto done hy Resident Magistrates in the hands of Justices of the Peace. There certainly can ho no objection to raising the jurisdiction of the District Courts, presided over as they are by men trained to the law, and especially for the sound and practical reason that the machinery of those Courts is ever so much cheaper and simpler than that of the Supremo Court. To that proposal few people doubtlessly will bo found to object. But as the new scheme of the Ministry leaves intact the powers of the most popular and useful jurisdiction, that of the lower Courts, and only removes them from Resident Magistrates to untutored and inexperienced Justices of the Peace, wo very much fear that very little good—if not a gi’cat deal of harm—will result from changes of that nature. From an examination of the context of the Bill bearing upon the re-construc-tion of the Resident Magistrates’ Courts, wo cannot come to conclusions other than wo have just sketched above. One section of the Bill does away in unmistakcablo terms with all the District Courts Acts, and all the Resident Magistrates and Petty Sessional enactments. In their stead two Courts of Record are constituted, one of which is the present District Court, with what is termed “ full” jurisdiction, and the other a Justices of the Peace Court, with “limited” jurisdiction, which is to bo known by the name of “ District Magistrates’ Court.” £3OO is the utmost sum that suitors will bo able to claim in the District Courts, which is an increase in its jurisdiction of 50 per cent, upon the present rate. That of the “District Magistrates” Court is to bo limited to £SO, the present average of Resident Magistrates’ jurisdiction, which varies at the present moment from £2O and £SO to £1()0. And as to the enormously increased powers which the proposed District Courts will have under the Bill if it becomes law, wo may state that they will embrace a variety of subjects hitherto within the control of Supreme Courts only, such as actions for specific performances, redemption or otherwise dealing with mortgages, proceedings under Trustee Acts, injunctions and joint stock companies. It is also within the scope of the Bill to increase the jurisdiction of these “middle” Courts —as they might crudely be termed—in criminal matters, to an extent such as will indeed leave the Judges of the Supremo Courts very little to do, when it is considered how much their powers on the civil side are being encroached upon by the District Courts. As to the future position of the Supremo Courts, the Bill, of course, is silent, and wo do not think for one instant that under the existing state of political feeling the Government would have the courage to reduce the very largo expenditure of these superior Courts by abolishing some of the Judges. As a matter of notoriety, there is not a country in the world where, in proportion to the population, there are so many Judges as is the case in Now Zealand. And it is notorious that the work which each has to perform is indeed of a very light character. In Wellington, for instance, there are uoless than two Judges permanently stationed. The cost of District Courts to be established under the new Bill will be very great, while no corresponding saving will bo effected by the proposal of shearing the Supremo Court of more than half its jurisdiction. At a glance it will be seen how incomplete and highly expensive the ideas of the framers of the measure must have been in that particular. As to the suggested remodelling of the lower Courts by sweeping away Resident Magistrates, and replacing them by what is vulgarly known as “ Justicos’ justice,” such a mode of reforming the cheap and easily reached jurisdiction of those Courts is as undesirable as it is unpopular. As wo once said before, in England, whore clerks of the Potty Sessional Benches are members of the legal profession, the evils attending upon untrained laymen adjudicating upon points of law are neutralised to a great extent. Hero in New Zealand it is quite a different matter; and the rights and interests of people who, having knowledge of the technical law bearing upon thendaily business transactions, bring their neighbours’ differences of opinion upon those transactions before absolutely ignorant Magistrates for tlio latter’s adjudication, run risks such as to sully the administration of justice with popular contempt. None more than respectable members of the legal profession are aware of the impracticable nature of proposals placing people’s rights at the mercy of well-meaning noodles who —figuratively speaking —cannot say “bo to a goose ” upon questions of practice, let alone of law, which must daily come before them. If this Local Judicature Bill is not mysteriously smuggled through the House, wo fancy that there will be considerable arguments on the important issues which it undoubtedly raises.