Manawatu Herald. SATURDAY, MARCH 8, 1894. Magistrate's Courts Act.

Manawatu Herald, 3 March 1894, Page 2

Manawatu Herald. SATURDAY, MARCH 8, 1894. Magistrate's Courts Act.

+ ..- By an Act passed last session bearing the above title a very important alteration in the law affecting the Courts known as Resident Magistrates Courts has been made. The Act came into force on the first day of this month, and for the future Eesident Magistrates will be called •• Stipendiary Magistrates " and possess extended jurisdiction, which is divided into ordinary, extended and special. There being but a few Resident Magistrates who do not , exercise the extended jurisdiction of £100 permitted under the Act of ; 1867, and some of these being so debarred only by reason that they , exercise jurisdiction only in places where there happens to be a District Court, there appeared no sufficient ; reason why the larger amount of i jurisdiction should not be made universal so the ordinary jurisdiction, ( under this Bill is fixed at £100 in all cases formerly within the ordinary 3 jurisdiction of Resident Magistrates. ( The extended jurisdiction includes < cases within the ordinary jurisdiction 1 to an amount not exceeding £200, ' and in addition provides for tho re , covery of compensation in cases of i false imprisonment, illegal arrest, ' malicious prosecution, libel or i slander, seduction, and and breach , of promise of marriage to an amount j not exceeding £200. By consent of parties cases may be heard exceeding i the foregoing jurisdiction of Magis- : trates within certain limits, but the . jurisdiction of Justices cannot in any case be exceeded. The special juHb- > diction, which may be given specially and particularly or generally, embraces partnership accounts to £200, also recovery of undisputed bequests to a like amount, and the ! granting and dissolution of injunc- i j tions in matters within its jurisdiction, and may include the exercise of the powers of a Judge of the | Supreme Court for the arrest of ] persons about to quit the colony. ' The jurisdiction of Justices is con • ( served at £20, with additional juris- « diction to a like amount in inter ' pleader cases generally. Justices have an original Jurisdiction t& the j foregoing amount when there is no | Mfitristrnte, and to t.hp sfutie amount j } wlun acting as sub.-uiiutes for a. I < fcagutute* But in 89 WIO Cftu ' <

they exercise jurisdiction to a largor { aiiiount. They may sit on the bench with a Magistrate, but cul exercise I ho jurisdiction in tho ease hoard by the Magistrate. Where a qr.esi,ion of title arises j incidentally in any case, the Court may nevertheless 'determine" the cane before it, but the judgment therein shall not be taken as deciding the title between the parties. .Writ of arrest to hold to bail absconding debtors is granted to all Magistrates up to the amount of theirjurisdiction, and two Justice.* acting together may exercise the jurisdiction when the amount does not exceed £20 where no Magistrate is residing, or in the absence of a Magistrate. Every case is to be heard at the- Court nearest to the place where the cause of action arose, or nearest to the place where the defendant resides. Affidavits of jurisdiction are abolished, but the Gii:vic may refuse to i33»e a -jnu'iui-ns | iv any case where he thinks application is made to tho wrong Court.