Manawatu Herald. THURSDAY, FEB. 16, 1893. The New Resident Magistrates Act.

Manawatu Herald, 16 February 1893, Page 2

Manawatu Herald. THURSDAY, FEB. 16, 1893. The New Resident Magistrates Act.

It is satisfactory to learn that the Government have obtained the ser--viees of the most able Resident Magistrates to assist them in preparing a consolidation of the laws relating to Resident Magistrates Courts, which, so it is said, it is purposed to introduce at the next meeting of Parliament. That the law need 3 cheapening goes without saying and to-day .though apparently there is but one law for both the rich and the poor, it is only the rich which can take the fullest advantage of it. A Government which will so amend the existing Acts by which the poorest member may obtain the protection and assistance of the law will have done much to justify its title of " liberal." There are some points which we desire to call attention and which we trust will receive due consideration and liberal treatment.

Under the existing practice in the Resident Magistrate's Courts summonses are served by the Bailiff of the Court. On the issue of the summonses the plaintiff is required to pay the full mileage in respect of each defendant against whom a summons is issued Sometimes a plaintiff issues several summonses ngainst different persons residing in the same townships or neighbourhood, and although the services of all these summonses may only involve one journey of the Bailiff to this township or neighbourhood, full mileage is required in raspect of each defendant. In the District Court and in the Supreme Court a plaintiff may serve, or employ anyone to serve a summons. We think a plaintiff should have the same liberty in the Resident Magistrates Courts. It is often a great hardship tor a poor man desirous of suing for wages, or a small debt, to be called upon to pay heavy mileage when he would be prepared to personally serve the summons and so save the cost of mileage. In many cases workmen are unable to raise the cost of mileage and are unable to recover their wages in consequence.

By the present law the summons need only be served forty-eight hours before the day of hearing. In the District and Supreme Courts the summons must be served at least ten days before the day of hearing, the period being increased if the defendant resides more than twenty miles from the place at which the action is to be tried. The Resident Magistrate's Court has original jurisdiction in cases of .£2O and under, but many of the R.M. Courts have extended jurisdiction up to cases of £100. There appears no sufficient reason why a defendant in the R.M. Court should have less time to prepare his defence and secure the attendance of his witnesses than in the District Court or the Supreme Court, and it cannot be suggested that forty eight hours give sufficient time to enable a defendant in a contested case to prepare for trial. He has to search np his books and papers, to probably travel a long distance to secure the services of a solicitor, and to issue summonses for witnesses and to get witnesses served, and it is unreasonable that he should

be requited to do all this within forty eight hours. No doubt sbe Resident Magish'ate can adjourn the case if the defendant requires further time to get his witnesses together, but this is entirely in the discretion of the Magistrate and the defendant cannot be sure that he will get an adjournment, so that he has to incur the expeuse of having iri attendance his solicitor and such wituesses as he can get together at short notice. The defendant can under the present law before the hearing of the case, pay into Court any sum admitted by him to be due after deducting any amount claimed by him as a set-off, but if he does he is also required to pay in the costs incurred by the plaintiff up to the time of such payment. The costs to be so paid are in most cases merely the Court fees. Now the Court fees for the summons (exclusive of mileage) vary from 8s to 20s, according to the amount of the claim, so that a plaintiff who makes a claim of over £20 pays 15s for the summons, and if the defendant after deducting the set-off admits under £5 to be due and wants to pay in that sum, he is required to pay in also 15s for the summons, although the proper fee for a summons for £5 would be only Bs. In the English County Courts a defendant in a similar case would only be required to pay Court fees proportionace to the amount paid in. It seems un • just where a plaintiff issues a summons for more than is due to throw upon the defendant the additional Court fees which the plaintiff has needlessly incurred.

If a plaintiff obtains judgment against a defendant for a sum of money his only remedy to recover the amount is to procure a warrant of distress against the defendant's goods, but in many cases the defendant has no goods available for distre's. In the Supreme Court- a plaintiff may, under order obtained for the purpose, examine the defendant, or any. other person, as to what debts are due to the defendant and what other property he has ; and if the examination shows that there are any debts due to him or that he has any property these debts or property can be made available for the payment of the judgment debt In the Resident Magistrate's Court we think provision should be made giving the judgment creditor the right of following the debts and property of the judgment debtor so as to make the same available for the discharge of the judgment debt. It might be convenient that when a judgment is given against a defendant the plain tift should be allowed forthwith to examine the defendant as to the debts due to him and as to his property.

Some one remarked that the curiously abrupt communications received by the School Commilteea from the Wanganui Education Board arose from the fact that the Secretary, Mr A. A . Bro wne had no assistance, this however cannot be the reason as the cheques, are written in a much better hand than the Secretary writes, and again the last circular received has Mr Browne's name attached as per W.C. Who is he ?

We are informed that a communication has been addressed to the Palmerston School Committee by the Foxton School Committee offering to support any new candidates they may deem advisable to bring forward. Anything for a change the risk being so little of its- being for the worse.

Messrs Abraham and Williams hold a stock sale at Awahuri on Wednesday the 22nd.

From the Wangauui ffemld of las: Saturday's issue we take the following paragraph :— At Christ Church this morning, Mr Henry Serjeant, of Riverlea, Fordell, was united in the holy bonds of matrimony to Miss Ellen, eldest daughter of MrJ. T. Stewart, G.E., of Aramoho. The ceremony, which was witnessed by a large number of interested spectators, was performed by the Rev T L. Tudor. The bride, who was costumed in a very handsome dress of cream serge, trimmed with guipure lace, and the orthodox wreath and orange blossoms, was given away by her father, and was attended by her sisters as bridesmaids, Mr Andrews officiating as best man. Amongst those present was the Hon Mrs Ballance, who, at the conclusion of tho ceremony, presented the bride with a beautiful bouquet. Mr and Mrs Henry Serjeant drove from the church amidst showers of rioe and many hearty expressions from th"iiv numerous friends ''or their future happiness. We understand it is their intention to make an extended tour of England and the continent, and they will return in about two years' time.

President-elect Cleveland is in favour of a special session of Congress to repeal the Sherman Silver Act.

The New Zealand Loan anl Mercantile Agency Company have reoeived the following telegram from their London office :— Frozen meats — Mutton market firm. Canterbury mutton is worth 4Jd per lb ; Wellington, 4§d per lb. New Zealand beef — Stocks light. Hindquarters are worth 4d per lb; quotations nominal' Tallow — Market excited. Fine mutton tallow is worth 35s per cwt ; good beef, 325.

'i he steamer Kelloe collided with the maE-o'-war R ngarooma in Sydney harbour on Sunday night, and cut a hole in the cruiser below the water line. Only the smartness of tha officer of the watch in closing the watertight compartments prevented the vessel from being ilooded. She was a good deal damaged.

Disastrous floods have caused great loss in the Transvaal. Mines were inundated, houses demolished and the railways wrecked.

At a meeting of settlers opposed to the present Government, held at Masterton, on Saturday, it was decided to ask Mr Scobie Mackenzie to stand for the Masterton seat.

The following paragraph appears in a recent issue of the Sydney Moroing Herald : — Lord Jersey has shown confidence in the colony and its institutions by effecting an insurance of £10,000 on the life of his eldest son, and an insurance of £2000 upon the life of each of his daughters, with the Australian Mutual Provident Society.

Very heavy rain was expurieneed here yesterday accompanied with a gale. The rain on the hills was heavier even than we experienced as the river is in flood. The Paimerstou School Committee has nominated Mr F. Pirani as a candidate for a seat on the Wanganui Education Board. Our worthy Mayor is at present out of town. We learn from the Tc wri Clerk that a telegram from the Governrrent is awaiting him re the Brisbane ftaods, so that probably on his return ho will take orompt action in convening a meetng. N.> time should be lost, as he who gives quickly gives twice. The only addition to the list of nominations for the Manawatu races published is Lottie, who has been entered for the Flying Handicap, Newmarket Handicap, Manawatu Racing Club Handicap and the Welter Handicap. A sum of £100 is advertised for as a loan on excellent security. Foxton securities are again looking up. A gentleman who needed some assistance and who had plenty of security to give was offered the amount required both by Wellington and local capitalists. Yesterday Constable Gillespie conveyed a small girl from Shannon to Palmerston. She had run down to the first township for a holiday having re'ieved her father o> some ten pounds and a watch An information was laid against her with the object of getting her into a reformatory, but when brought before the Bench in the afternoon Sergeant Slattery asked for her discharge "so that she might be brought before the R.M." She was discharged and of course nothing more can be done.

The Secretary of the Foxton Racing Club has obtained the sanction of the Wanganui Metropolitan Club to the alteration in the date of holding the Foxton races, necessi. tated by the Wellington Club ' jumping ' the date previously fixed upon. The new date is Monday the 17th April.

Owing to the stupendous efforts made by the Wanganui Kducation Board to uphold the status of the profession of teaching, as t-ie chairman prefers to term it, or, to put it most clearly, s mply to pay higher salaries than are paid by other Boards, the Secretary has sent to the various school committees the following encouraging notice : — I have the honour, by direction of the Board, to inform you that in consequense of the reduced state of the Board's funds it may be necessary to revert to the scale of payment for Co nmittees' School Fund in future, and it is therefore considered advisable to give you timely notice.

In Melbourne they have now a new namn for a halfpenny. One of the colossal "land-boomers," Mr B. J. Fink, ex M.P., recently failed for a million and a half, and offered his creditors a composition of a halfpenny in the pound, which was duly accepted. Hence in Melbourne halfpennies are now called " Finks."

A curious phenomenon was seen from the Golden Gallery of «t Paul's Cathedral on Boxing Day (says the European Mail.) The gallery is outside the top of the dome, about 300 feet from the pavement, and in dear weather there is no better place to obtain a good view of London. On the day in question the fog shut out from view the city below, but overhead was a clear blue sky, and the sun shone brilliantly, throwing a shadow of the great dome on the surface of the dense vapours bolow, and painting the outline of the unsubstantial replica with all the hues of the rainbow. It was a pretty and remarkable spectacle. The colours may be accounted for by the moisture, which, held in suspension in the fog, produced prismatic effects under the rays of the sun.

A ' retiring ' member of the Board has issued a circular on the same date as the Secretary's circular, in which he solicits the support of the Committees because he has been closely identified with the general policy of the Board, and has taken an active part in most of the Committee work ! The result of all this labour appears: to be most unfortunate and hardly of the character to be put forward for support from the bodies to be shorn.

So very true. Mr Justics Richmond remarked in the Supreme Court during the Maori case that a man may be as spotless as ice, yet if he mixes himself up with Native land transactions his name will certainly not escape defamation.

One of the most severe gales ever experienced in Ohristchurch b^gan soon after 3 on Monday afternoon, and lasted till after 5 with varied strength. The weather just previous was oppressively hot, 92 in the shade be ng recorded . Several roofs were stripped of their iron. The Canterbury Rope •* aetory's shed in Madras street was levelled to the ground, and a large shed opposite the railway Ptation, used by Andrews and Beaven, was overturned. A number of close fences were completely wrecked. eports from the country state that very considerable damage was done to stacks of wheat, many of which were blown to pieces, and the grain threshed from the straw in a few cases where the grain was in stook. These were levelled and more or less destroyed. The damage to orchards and trees is very great. The weather calmed when rain set in about 6 o'clock

The Government are in receipt of a telegram annonncing the death on Tuesday at tti3 residence Opua, near Opunaki, of Wiremu Kin?i te Matakatea, a noted Maori chief, who figured largely in the early his tory of this district.

Mr Tarrant, who was in charge of Mr H. Wickett ( s branch at Hastings, had tha misfortune to lose the whole of his fu niture and wedding presents at the recent fire. He had not long since been married.

THE SUN BAKING POWDER eclipses all others.

The Showroom is abundantly stocked with choice goods for present, requirements, of which wo invite inspection and comparison. Ross vND Sandpobd, Distriot Importers, the Bon Marche, Palmerston North, \ T)VT. Every one will remember the famous Melbourne " Boom." That is a matter of history. All readers of New Zealand newspapers and (" their name id legion ") will know that the " boom " has burst and that a terrible depression has settled upon that city. To residents in all party of the Province of Wellington it will be a matter of intense personal interest, which they will fully ascertain by a visit to the " Erupted Boom " Sale. ■ Commencing on Thursday the 26th inst at Te Aro House, Wellington.

The proprietor of Te Aro House has just returned from a visit to that city of the Erstwhile " boom " and subsequent collapse, where he made some large and fortuuate purchases at prices that would thoroughly astonish the oldest stagers in the Drapery trade. The prices also at which we shall offer this vast mass of new and seasonable goods will be veritable eyeopeners to the most astute bargain hunters ati the " Erupted Boom " Sale, Te Aro House, Wellington.

Don't forget that Thursday 26th January is the opening day of the "Erupted Boom " Sale at Te Aro House, Wellington.

Don t talk of your .former bargains at surplus atook sales. This sale will beat them. Don't mention the cheap lots at bankrupt stock sales. This sale will be far ahead of them* Don't trouble to rec all pleasant memories of wonderful parcels at salvage sales. This sale will give you Korne more wonderful still; . Don't fail poy on early visit td this astonishing " Erupted Boom " Sale, at Te Avo House, Wellington.