CORRESPONDENCE.

Lyttelton Times, Volume V, Issue 301, 19 September 1855, Page 5

CORRESPONDENCE.

To the Editor of the Lyttelton Times. Sm,—A curious magisterial farce was performed to-day at the Resident Magistrate's Court. A summoned B for a small sum of money. In due time the play commenced, and without tlie usual pioof of service of summons, A was called upon to state his case. B showed his contempt for the magisterial mandate by not appearing. Nevertheless his case was so ably defended by tbe Resident Magistrate himself, that had a stranger been present he would have supposed him to have been the retained counsel for the defendant. As may be supposed the case was dismissed, the Resident Magistrate intimating that he had already prejudged the case. From what little I know of law and the custom of these courts, I maintain that the magistrate had no option but to allow judgment for the plaintiff to go by default: this is also the opinion of those legal gentlemen I have spoken to on the subject. Although the amount sued for was trifling, yet the principle involved is too great to allow the matter to pass over in silence, and I am glad to hear that the matter is not likely to end where it is. I remain, Sir, Your obedient servant, Lyttelton, Sept. 18th, 1855. Lex.