The Globe. SATURDAY, SEPTEMBER 14, 1878.

Globe, Volume XX, Issue 1430, 14 September 1878, Page 2

The Globe. SATURDAY, SEPTEMBER 14, 1878.

Some time ago wo urged the necessity which existed for some alteration in the present jury system in the direction of reduciug the number of jurors summoned on civil cases. It is therefore with satisfaction that we observe the introduction of a measure entitled the Juries Act Amendment Act, which goes in the direction wo have indicated. It also provides for another point raised by us in a former article, viz., the alteration of the system of payment of special juries. As to the first alteration, the Act provides for the substitution in civil cases, whore the parties agree, of a jury of four, for the one of twelve now existent. The eighth clause of the Bill says— In any civil action or suit in the Supreme Court, when a party thereto is entitled to procure the trial or inquiry to be had by a special jury of twelve men, such trial or inquiry may in future be had by a special jury of four men, if both the parties to the action or suit agree thereupon, and the Judge of the aforesaid Court assents thereto : Provided that every such action or suit shall be had by a special jury of the ordinary number of twelve, unless it is otherwise agreed upon as aforesaid at the time of settling the issues in the case.

It appears to us that this is a very necessary provision. Experience has shown us that in mauy cases o£ comparatively trivial importance twelve gentlemen have been detained several days from their business. We are not saying that it is not quite right and proper that each one in the community should bear his fair share of the work of administering the law. Far from it; but we do say that where the burden for so doing cau be lightened without any impairing of the efficiency of public justice, it is only right that it should be. Hence it is that we contend that four gentlemen are quite as able to deal with the ordinaryclass of cases which are tried at Nisi Frias as twelve are. There is no magic in the number twelve, aud therefore if by an enactment such as this we can do away with the necessity of summoning eight gentlemen whoso business may bo injured thereby it must be looked upon as a public benefit. In Victoria the system has long been in force, and has worked well, so that we are not introducing what is totally untried. The next change proposed in the existing law is as to the payment of special jurors. Hitherto the plan has been to pay special jurors £1 for each case; the time was when a guinea was the fee, but somehow or other the odd shilling has been taken off by some one. This, be it observed, is all that is paid whether a case lasts a few hours or a week. There is no power given to the judge to order payment in extraordinary cases, beyond the stipulated amount, but he may recommend that such a payment bo made. The unfairness of this is at ouco apparent. A man gets just as much for attending, say three or four hours, as another does for a week, though the loss in the matter of business to the latter is fourfold or more than that 0 f the former. It is now proposed to remedy this anomaly and to pay so much for fbe past, aud so much for every succeeding day. Section 10 of the Bill says; — much of section fifty-four of the said Act a 8 appoints tho amount to bo paid to special jurors is hereby repealed, and in lieu thereof it i 8 enacted as follows : Every special juror who thill bo summoned and who ahull have attended at tho Supremo Court to f r y civil issues or assess damages, and shall h ßve actually served as a juror upon a jurv, shall be entitled to receive, if the jury he » special jury, uri whatever way be the

number thereof, the sum of twenty shillings in respect of the first day, and the sum of ten shillings in respect of each day thereafter that he shall have so served.

Both tlioso amendments it seems to us were very much needed, and are a stop in the direction of a reform of our jury system, which will ho productive of very good results. There can bo no possible objection to either of them, and as, so far as ivo can see, they will not impede, hut rather assist the course of public justice it should ho matter for rejoicing that a measure of the kind wo have boon referring to has boon introduced.

We would desire to draw special attenrion to the fact that the adjourned meeting of ratepayers to consider the ward system takes place on Monday next. It is admitted by, if not all, a very largo proportion of the ratepayers, that the introduction of such a system would prove of infinite benefit to the municipality. By means of it the people will have extended powers of self-government, inasmuch as each section of the city will ho specially represented in the Council. Their peculiar wants will thus have an opportunity of being brought forward and attended to. Wo do not say for one moment that the members of tho Council under the present system do not do their best to fairly represent all parts of the city. But while they do so their efforts must of necessity fall far short of what could be done by representatives of tho different wards into which it is proposed the city shall ho divided. In the one case the members are not posted up in the details or aware of the peculiar circumstances under which a work is asked for, and would bo for tho good of the residents of the particular locality. In the other, where members are elected specially charged to look after the interests of their ward, this could not exist, and tho Council would bo fully informed on tho whole subject by the one best able to give such information. And it will ho cpiite consistent with their position as representatives of a ward, that the members should not ignore the fact that, after all, it is Christchurch as a whole they are representing. Wo would not desire to see them simply delegates of a particular locality, hut as representatives of the whole, charged with the duty of bringing before the body the requirements of their particular locality in such a light as will euablo the Council to arrive at a decision upon the works required. The matter is a most important one, and we hope will receive that consideration at the hands of tho ratepayers which it deserves. It is not contemplated, wo may note, to extend tho system to the financial affairs, hut only to tho representation, and as all the newly elected members of the City Council have declared themselves in favour of the scheme, no doubt they will loud their aid to carry it to a practical conclusion.