ACTS OF THE GENERAL ASSEMBLY.

Lyttelton Times, Volume VI, Issue 411, 11 October 1856, Page 7

ACTS OF THE GENERAL ASSEMBLY.

Session IV.

THE RESIDENT MAGISTRATES' COURTS EXTENSION OF JURISDICTION ACT 1856. IX THE TWENTIETH TEAR OF TEE REIGN OF HER MAJESTY QT7EEN VICTORIA. (Assented to loth August 18-56.) Whereas it is expedient that the jurisdiction of the Resident Magistrates' Courts in the Colony of aSTew Zealand should be extended in civil matters. Be it therefore enacted by the General Assembly of JiNTew Zealand as follows : — 1. It shall be lawful for the Governor, upon the request of the Superintendent of any Province, by Proclamation in the " Government Gazette," to bring this Act into operation in respect to any Resident Magistrate's Court having jurisdiction within such Province, from and after a certain day to be named in such Proclamation, and to define the districts within which cases may be heard in such Court, under the provisions of this Act. 2. The Superintendent of the Province within which any such Resident Magistrate's Court shall be situated shall, by Proclamation in the " Government Gazette" of such Province, fix the days upon which such Court shall sit to hear and determine causes under the provisions of this Act, 3. Every case of a civil nature of such kind as may now be lawfully tried in any Resident Magistrate's Court where the debt, or damage claimed does not exceed £'20 s may be tried in the Resident Magistrate's Court in respect to which, this Act is in operation where the debt or damage claimed shall not exceed £100. 4. All cases that shall be tried by a jury as hereinafter provided shall be tried before a Resident Magistrate ; Provided always that it shall be lawful for the Governor from time to time to appoint some oilier person, being one of her Majesty's Justices of the Peace, to preside at the trial of such causes in the place of the Resident Magistrate. 5. In any action in which the amount of the debt or damage claimed shall exceed five pounds, it shall be lawful tor either the plaintiff or the defendant to require a jury to bo summoned to try the said action. 6. The party requiring the jury so be summoned shall give a written notice thereof to the Cleric of the Court, personally or by leaving tho same at his office, ami shall pay into Court r'ao costs hereby fixed for the summoning and attendance of the said jury. 7. Upon receiving such notice, the Clerk of the Court shall summon twelve Jurors, residing within three miles of tho place where the sittings thereof shall be held, chosen in alphabetical crtier as their names shall appear on the Jury List of the proviuee or district. S. Every such summons s-hnll be served cm such jurors personally, or by leavi.ip the same at hi* ordinary place of abode, ut Jeast two c'.enr ihys before the sit'injr of the Court. 9. Whetfihe jurois 5. in 11 »c inatten-ujrics,if their number shall be odd t'..e Clerk shall strike oil w. •, and the number bjinjr even, the defendant and the plaintiff alternately shall each strike c-i'i cne, until the number shall be reduced to four, ;:iul the l">ur thus roiruininrr shall be impanelled and sworn to give their verdict in the cause to be bsoiKht before thorn. JO. Tn every trial where the jury shall have remained six hours in ilelibi-vatio'.'., a 1 j-hail ie unable to nsrivo up n a ver-:ict. the Court snail order them to be "di^charced ; a:s■; in v.-very .sue

ease where the amount claimed shall not exceed £20. the Court shall determine the case summarily, and where such amount shall exceed £20 no judgment shall be given. 11. Any juryman or witness failing to attend a summons "or subpoena issued under this Act, or to produce such documents or papers as may be set forth in any such subpoena, shall be liable to a penalty not "exceeding len pounds, to be imposed by ihcCourt, and, in default of payment, shall be hmmsor.ed for a term not exceeding fourteen days. I*2 Whenever the sum claimed shall exceed five pounds, either party may appeal against the decision on any point of law, such appeal to be made to the Supreme Court as follows : —The plaintiff' and defendant shall each, within one week after the day of trial, deliver to the presiding^ udge a statement in writing of the point in issue. Aud such presiding Judge shall state in writing his decision of the point in issue in accordance with the facts as proved at the trial, the statements so prepared shall be forwarded by such presiding Judge without delay to the Registrar ot the Supreme Court having jnrisdiction'over the province where the trial took place. And the Judge of the* said Supreme Court shall ; decide the point at issue within fourteen days after such statement shall have been received I y him, and shall direct the judgment of the Resident Magistrate's Court to be given accordingly, and the same shall be given accordingly. 10. In all cases where such appeal to the Supreme Court shall be demanded, notice thereof in writing shall be given to the presiding Judge, and, also ro the opposing party in the action, within forty-eight hours after the trial shall have concluded; and such notice may be given either personally or by leaving th ; same at the office or residence of the presiding Judge, or, in the case of the plaintiff or defendant, by leaving thelsarue at his ordinary place of business or abode 3 or at the office of the counsel or attorney appearing for him at the trial. 14. No judgment or execution shall be stayed unless the party appealing shall give such security as the Court shall deem sufficient for the sum required to meet the whole costs of the action and appeal; and, in case of the defendant, for such additional sum as shall meet the amount of the judgment. 15. It shall be lawful for the presiding Judge In any such Court to reserve any points of law for the decision of the Supreme Court, and any Judge having jurisdiction over the district in which any Resident Magistrate's Court may be situated, shall e:ive his decision on any point of la v so referred to him, and the decision or the Resident Magistrate's Court shall be in accordance therewith. 10. In addition to the fees now payable by suitors in the Resident Magistrate's Court, there shall be paid the fees hereinafter mentioned, that is to say— s. d. For serving each summons ... 2 6 For each Juror sworn . . . . .10 0 aud such fees shall be borne by the plaintiff or defendant as the court may direct. 17- Nothing in this Act shall be taken to alter any of the'provisions of an ordinance of the Lieu-tenant-Governor and Legislative Council of New Zealand, intituled "The Resident Magistrates' | Courts Ordinance," Session VII, No. 16, so far as the same relates to the t ml of causes in which one or both of the parties shall be of the native race. IS. In all cases not herein specially provided for, the Governor, wish the approval of any Judge of the Supreme Court, may from time to time frame and establish ruies and orders for all proceedings raider this act, and may from time to time alter the same, and such rues and orders, and rill alterations thereof, shall be published in the " Government Gazette," and when so published shall have the force of law. 19 The term " Governor " sha'l mean the person for the time be: ng '^awfully administering the Government of New Zealand. 20. This act may be cited for all purposes as "The Resident Magistrates' Courts Extension of Jurisdiction Act, 1856."