The Globe. FRIDAY, DECEMBER 13, 1878.

Globe, Volume XX, Issue 1506, 13 December 1878, Page 2

The Globe. FRIDAY, DECEMBER 13, 1878.

Unusual interest lias been felt within the last few days in reference to certain changes which the Government have made in the scale of fees chargeable before and after hearing in the Resident Magistrates’ Courts, and also with regard to the mode in which they will bo collected. Now regulations have been gazetted under the Stamp Act of 1875, introducing the use of stamps representing the value of money in lieu of foes paid in hard cash, as has been the case those last twenty-five years or so. This is a subject which, to a groat extent, goes home to every member of the community, let him bo ever so lowly placed in the social scale, and, now as it is, and unheralded by peculiarly blatant official announcement, it is deserving of more than passing notice. The Government, it seems has decided that a stamp foe system shall be introduced in the lower Courts throughout the colony, which, in plain vernacular, means, that hereafter all fees payable in the Resident Magistrates’ Courts shall bo discharged by moans of stamps. This now regulation, wo may state, only comes in force “on and after the Ist day of January next.” The clerks of the various Resident Magistrates’ Courts have boon appointed as custodians and vendors of the Law Court stamps, and a supply will bo always kept in hand by them for public uses. Concurrouily with this newly attempted reform regulations are being made which alter, in most serious particulars, the charges at present obtaining in the Resident Magistrates’ Court. The following, for instance, will form an important alteration in the scales of fees demanded and payable under the Resident Magistrates’ Act, the Abolition of Imprisonment for Debt Act, the Justice of the Peace Act, and last, but not least, the Licensing Act. The fees under the Resident Magistrates’ Act will henceforward bo greatly reduced. In the place of separate charges for summons, service, hearing and judgment, there will lie one uniform fee of 5s for amounts sued for not exceeding to; of 8s for amounts not exceeding £10; of I os not exceeding £00; of Cl Ids not exceeding ;CSO; and of £2 not exceeding £IOO. It will bo seen by those versed in the technicalities of Magisterial Court procedure, that the reduction of taxes —as thus wo may bo allowed to call it—is about 75 per cent, in the four first-mentioned amounts. Yet, in the case of claims of over £SO, the charges are raised by the not inconsiderable sum of 3s. Instead of Id in the £ paid into Court before the hearing of cases, as is now the practice, one shilling is to bo charged on the lowest scale of foes and an additional shilling will be levied in each of the higher. Other foes now charged under the other Acts which

wo have quoted will bo proportionately reduced, the fees charged under the Abolition of Imprisonment for Debt Act which relate to judgment summonses, are to bo reduced by one-half. They are high enough, in all conscience, and it was time some reduction were made in them. So for the future, viz;., after the deathknoll of our good year 1878 has sounded, the fees under the Justice of the Peace Act, for every information or complaint and summons, to include one name and service within two miles, will bo 5 s., and for every additional service within two miles 25., beyond, the mileage charged will bo Is. The fees under the Resident Magistrates’ Acts are likewise to bo altered. Hitherto the foe for hearing was to be paid before the case was heard, and if neither party to the suit appeared no fee was demanded. In future the charge for the summons will include the fee for service, hearing, and judgment, according to the now scale which wo have sketched above. An uncalled for charge is to be made before hearing; a fee of from Is. to 55., according to the amount, from £5 to £IOO, being set down as having to be paid before the hearing of any case. A charge for “any application to the Court, of whatever nature it may bo,” will be demanded, varying from 2s. to 65., while every bail bond will have to carry duty stamps to the value of from 2s. to 10s. As regards the Licensing Act, the new scale of fees will bo as follows: —On filing notice of intention of applying for a license where no license has been previously issued 3s. will have to be paid. Applications for lesser privileges, such as opening additional bars, lodging notices of objection to licenses being granted, and so on, will necessitate the payment of a few more shillings for application to the Crown. Taking a broad view of these new financial changes, we cannot help thinking that they were uncalled-for and unnecessary. To the enforcement of the use of adhesive stamps wo are not prepared to object, although, on the first blush, it very much looks as if there was no need for saddling the community with any further technical difficulties. And surely Court foes wore high enough already. Instead of an increase, a Ministry, having so much at heart the future interests of the human race, might have reduced them. As things now are, official calls upon the pockets of litigants are such as to prevent honest men from seeking redress in the Law Courts. They find it cheaper to bear their first loss and grin at it. A £lO Is case will cost the aggrieved party no less than 24s ■without the cost of a single witness oven. And the facilis ascendi rate of fee now gazetted as the law of the laud will cause one good half of a claim to bo swallowed up by Court fees before the defaulter’s goods can bo in any way touched. Law, it has boon popularly said, is always based upon common-sense and justice. It is evident that the present Government think the old traditional saw not worth the parchment it was once written upon. A more ill-matured and unjust attempt at increasing the revenue was never devised by any Ministry, let them be ever so much at the end of their wits. And this is the outcome of those wonderful promises of Sir George Grey of looking after the interests of the poor man, his social right “ and his beer.” Yorily, for the future it will rerequire a golden key to successfully open the Temple of Justice.