Manawatu Herald. SATURDAY, JULY 4, 1896. The Coroners Bill.

Manawatu Herald, 4 July 1896, Page 2

Manawatu Herald. SATURDAY, JULY 4, 1896. The Coroners Bill.

The Legislative Council has passed the second reading of " The Coroner's Bill." The Hoo.' Mr Walker in introducing it pointed out that the Bill swept away all the old legislation upon the subject and under it every one will know what is the law relating to the subject. Under its provisions Coroners and juries are practically swept away, the Bill directing that every Stipendiary Magistrate shall by virtue of his office be a Coroner. The mover, in explaining this alteration said the juries were abolished -as the Stipendiary Magistrate would have power to sit as he. does in other criminal cases. If, as tho result of an inque9fc, the jury found, under the present Act,, anybody guilty of murder, manslaughter, or arson, there must be a fresh inquiry under the Justices of the Peace Aot before he can be committed icy trial. The Bill proposes no second trial, if the Stipendiary Magistrate, sitting as a Coroner, finds there is a case against any one. The Stipendiary Magistrates are also not to be paid extra for this duty, nor, so it would appear, their deputies, the Justices. The Bill appears objectionable in one or two points. There is first, the abandonment. of.:the jury, which, rightly or wrongly, has been held for so many year* one. of -the great safeguards in these inquiries. Doing away with the juries places a heavy responsibility upon . the Stipendiary Magistrates, greater than what they bear in other cases that come before them, for then there is some known person accused can defend himself or be defended: The' preliminary inquiry by the Coroner is to ascertain whether there is just cause to suspect some one and the assistance of a jury is very great in. these cases, besides which the local knowledge of jurymen is of much use in eliciting information. We can fully understand how, in this respect alone, the Bill will be viewed in disfavour by the Stipendiary Magis* trates. There is. however a much more serious matter for the public to consider and that is, how often will it be possible for a Stipendiary Magistrate to hold an inquest. In this district, we know, all their time ia taken up in holding courts north, south, east and west, Mr Stanford having to be as far north as Hunter* ville and as far south as Otaki, taking in Bulls, Palmerston, Feilding, Fox ton, and Levin as well. What time would he have to attend inquests? We will suggest that an inquest was needed at Otaki and it happened to be Mr Stanford's day at Hunterville, would it be reasonable to expect him to adjourn the Court and travel to Otaki ? If not, what has he to' do ? Under the Bill he can direct a Justice of the Peace to act for him, apparently without fee or mileage. This may be a personal matter for Justices to settle for themselves as to whether the honour

of the position is a set off to the expense of a journey, but it is more to the public, as it can easily be seen that though Stipendiary Magistrates may be, in name, Coroners, the Great Unpaid will have to do the work. Why not ? it may be asked. Because if this is so the very reason given by the Hon. Mr Walker in introducing the measure will be upaet { th& saving of a second inquiry will not be made : and too great a responsibility will be thrown upon a Justice of the Peace acting by himself. When no civil case over £20 is permitted to be dealt with by two Justices of the Peace acting together, and no criminal matter, except a drunk, is put under tbe power of a single Justice to act upon, it seems a great revolution to propose, indirectly as this Bill does, to give a single Justice power to decide whether murder has been committed or not, or to leave it entirely to him to determine whether a case of this character has- been sufficiently inquired into. The greatest difficulty is the increased responsibility thrown upon Stipendiary Magistrates and increased work, and the supporters of tbe Bill in the House will we hope be able to show how this can be made to fit in with their present duties. Failing this we trust the Bill will be modified in some form so that where Stipendiary Magistrates cannot sit, the Justice can secure a jury who shall be recompensed for their time.