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Poverty Bay Standard, Volume XI, Issue 1324, 3 July 1883, Page 2

In our last issue we found it incumbent on us to call attention to the vexed question of witnesses expenses and other items of costs in civil cases brought before our Resident Magistrate’s Court. Now it needs no deep knowledge of the subtlety of the law to state that ths granting of such unreasonably heavy expenses as those claimed in the case of Common & Co. v. Muldoon is in direct contra distinction to the letter and spirit of the law With the meriis of the above case we have nothing to do, and will simply content ourselves with advising Mr Muldoon to be careful for the future, and keep out of the clutches of the subile gentlemen who so frequently figure as plaintiffs and occupy so large a portion of the lime of our Kesident Magistrate’s Court. But the question of costs in this case, standing out prominently as they do in their exorbitance, are fair matter for criticism. Is it justice to allow a witness a full day's pay of ten shillings for attending at ti-e court for one or two hours, when he can, and does, go back and resume his employment with little or no loss to himself or his employers. Then again, the granting of one guinea expenses to business and professional men, who should consider it a sufficient reward in having furthered the cause of Justice, is out of all proportion, especially when they reside within a stone's thrfiw of the court, as their attendance cannot to any material degree affect the ordinary routine of their business. The resisting of an unjust claim is becoming such an expensive experiment in Gisborne that most people will shrink from it. A man of small means, let his cause be ever so just, will flinch from submitting his case to the court for fear, keeping in view the blissful uncertainty of the law, that the verdict may go against him, and be cast in ruinous costs. The case under citation is one surely calculated to cause such a dread ns to induce many to submit to wrong and injustice rather than run the risk of being mulcted in a heavy flue in the shape of costs for having put the machinery of the law in motion with a view of obtaining justice. It is not law, much less justice; and the pernicious effect such a system is sure to entail cannot be exaggerated, as it can only tend to seriously impede the course of justice, and virtually preclude the poor man from seeking that redress, which it has been the aim of all past and present legislation to afford to all alike. We hope ere loiuj to see all witnesses’ expenses done away with, except in cases where it can be clearly shewn that the witness' is really suffering a pecuniary loss, and is in indigent circumstances.