The Nelson Evening Mail. MONDAY, AUGUST 12 1878. THE LOCAL JUDICATURE BILL.

Nelson Evening Mail, Volume XIII, Issue 193, 12 August 1878, Page 2

The Nelson Evening Mail. MONDAY, AUGUST 12 1878. THE LOCAL JUDICATURE BILL.

Thk importance of the Bill brought down by the Government to consolidate and amend the laws relating to Courts of superior juris-

diction cannot p«-" ' xW .» . „ • , w ;ii — »«y De oVer-eshmated. It .-., yernaps, be most convenient, to give a digest of the .provisidjls 6t ,. tile Bill before S" e ti% Py lipb'n tliern. In the .fast pin.c< ; a clsau sweep is made of all the present laws relatiug to District, Resident Magistrates, and Petty Sessious Courts Iwclvc statutes containing -111 clauses are sent to limbo, and with them (he three Courts they created and, conh-oiled! i?m\ In their steA.il .. we 'are ottered one Act of 2rio clauses, and one Court— to be called " The District Court:" audit is to be a "Court of Record," and to possess both civil and criminal jurisdiction. But there arc to be two divisions of the Court, one presided over by the District Judge and called a " Court of full jurisdiction)" tha other under the cuovge of tile «« District. Magistrate .'' being A Court of "•< limited jurisdiction." TLie present District judges and Resident Magistrates are confirmed in theii- appointments as District -.fudges and District Magistrates respectively, but in future no oue can be appointed a District Judge unless lie is si barrister of at least three 3 ears ataudiiig, or ba.s been a District Magistrate for ten y'eirs fomin'.!oVbl*\ and has then passed the examinations in general knowledge and law now required from barristers. The Judges of the Supremo Court are empowered "to permit and hold such examinations. No such Judge or Magistrate is to practise as a solicitor or conveyancer under a penalty of £100. There is the usual power given to the Governor to appoint clerks and bailiffs, and the sittings of the Courts. In Courts of limited jurisdiction all civil cases where the claim or demand does not exceed £§0 may be tried, and in Courts exercising the " full jurisdiction" every case may be tried where the claim or demand exceeds £20, but does not exceed £300. It is further provided that the District Judge may try any action iv which " the title to real estate or the validity of any devise or bequest shall be in question, or the limitations under any will or settlement shall be disputed, or any action for a malicious prosecution, or for any libe or slander, or for seduction, or for breach o promise of marriage, but only where the value of the property in question or the amount to be recovered shall not exceed £U)0." At the sittings of Courts of "Hunted jurisdiction " any Justices may sit and act with the District Magistrate, and the decision shall be given according to the judgment of the majority of the Court. The Magistrate is, however, to have an original as well as a casting vote. If the District Magistrate is not present two Justices may hold the Cotzrt and determine all cases not exceeding £20. Part 4 of the Bill deals with the practice and procedure of the Court. The Clerk is empowered, either upon confession of the debt, or, the parties agreeing in his presence to the amount actually due, to forthwith enter up judgment with costs, as if it had been a judgment of the Judge of the Courc. The District Judge is empowered to issue an order for bringing before his Court or any Court of limited jurisdiction any person confined in gaol or prison, to be examined as a witness in any cause. The 61st to 70th sections provide for taking the evidence of persons at a distance, and the 71st clause extends to Courts of -full jurisdiction" all the provisions of 1 Will. IV c. 22 in respect of all witnesses not within the jurisdiction of the Court. Both divisions of the Court have power to change the veuve if the Judge or Magistrate thinks the cause can be more fairly or conveniently tried elsewhere. Where the sum claimed exceeds £5 the parties may appear by counsel, and the Magistrate may allow them to be so represented where the claim is under £5 if he thinks points of law will arise. The costs are to be apportioned in such manner as the Judge shall think fit, but in. default of any special direction are to abide the event of the action. Barristers' costs aud fees are to be regulated by the rules. The 83rd section provides " that in order to abolish the expense occasioned by the taxation of costs" the Judge is to ascertain during the trial the amount that each person is entitled to receive for costs and expenses, and such amount is to be entered up by the clerk as part of the judgment. Tower is given to a creditor to apply for an order that the judgment debtor shall be orally examined as to what debts are owing to him, and the Judge may order an attachment of such debts, but if the sub-debtor disputes his liability, the Judge, instead of making an order, may permit the judgment creditor to sue the sub-debtor, and the sub debtor must then plead as if sued by the judgment debtor and not otherwise. It must be clearly understood that except where otherwise expressly provided the term " Judye " all through this part of the Act includes aud means also " Magistrate." Full powers are given to the District Magistrates to hear and deal with all disputes respecting boundaries where the annual value of the lands on either side the disputed boundary do not exceed £200 a year. The usual provisions are made for executions against the goods and for interpleader actions. Tower is given to the Judge or Magistrate to refer any dispute to arbitration and to enter up the award of the arbitrators , which is to be as binding aj if given by the judge. Any Court may grant a rehearing of any case upon such terms as it thinks fit. There is to be no appeal from a District Judge except where the amount claimed exceeds £50, or from a District Magistrate except where the amount claimed exceeds £10, except by leave of the Court. Appeals are to be from the District Judge to the Supreme Court aud from the Magistrate to the District Judge except where the latter happens to have been acting as District Magistrate in the particular case. Anyone may apneal on points of law or because of the improper admission or rejection of evidence. The Court before which the appeal is made may either order a new trial or order judgment to be entered for either party. In any Court of " full jurisdiction " either the plaintiff or defendant may require a jury to be summoned. The clerk is to summon not more than 15 jurors. The jurors are to be reduced by challenge to five. In all trials the jury must give au unanimous verdict, but after they have remained six hours in deliberation the verdict of four jurors may be taken, and if after that period four are not able to agree they are to be discharged, and the plaintiff must begin again. sTimmary procedure upon Bills of Exchange is grauted to the Courts of " full jurisdiction," and the Clerk may upon a proper affidavit being filed, aud iv case the defendant has not obtained leave to appear, at once enter up judgment for the plaintiff. The Governor in Council may appoint such of the District Judges as he thinks fit to exercise all the powers of a Supreme Court Judge in granting Injunctions, Probates of Wills, Letters of Administration, and Writs of Arrest. District Courts of full jurisdiction are to exercise all the powers aud authority of the Supreme Court in its equitable jurisdiction as follows: — In all actions by creditors' legatees, devisees, heirs at law, or next of kin— in all actions' for the execution of trusts— or for the redemption, or for enforcing any mortgage charge or lien; in all actions for specific performance, or for reforming or cancelling any agreement for the purchase or lease of any property in all proceedings under the Imperial Trustees Acts, and in all proceedings relating to the guardianship of the property or persons of infants, and in all actions for the dissolution or winding up of any partnership, joint stock, or other company, aud in all proceedings for orders in the nature of injunctions; this jurisdiction is in all cases only to be exercised where the money value of the dispute does not exceed.

£500. In all matters' under this equitable jurisdiction the .District ( ifudge is to hate in additiohi to the powerS conferred n'im. by the Act " all the powers and authority, of. the Supreme Court or the Judges thereof each and everyone of them." In all proceedings in this jurisdiction the Judge may order a jury to be summoned to try any Jss,i!a of fact. ; • ; ;_, The criminal jurisdiction ot the Districit Court is extended so as to give it cognizance of all felonies and indictable misdemeanors, except treason, murder, or other capital felony, or any felony which, when committed by a person not previously convicted of felony, is punishable by penal servitude for life, or for more than fowteen years. The Sherifi: Is to attend the sittlugs, but if he is absent the Judge niay direct the Clerk to jlfct as Sheriff: The practice and proe'edtire iii criminal cHses to be the aatiie ad in the Supreme Court; The summary of the provisious of this importrint.Act hits occupied so muc|h spstce that we must reserve any comments tipon ii ufttil to-morrow.