NEW RESIDENT MAGISTRATE'S ACT.

Southland Times, Issue 757, 2 December 1867, Page 1 (Supplement)

NEW RESIDENT MAGISTRATE'S ACT.

(From the Southxaud Times, Nov. 29.) It has been acknowledged that the statutes of New Zealand were so numerous and varied that it was almost impossible for any one to comprehend them. This was especially felt in the different Resident Magistrate's Courts. So vague were the various Acts and Ordinances, that the interpretation of nearly all of them was left to the Magistrate. This led to endless conflicting decisions, until the law became clustered round with complications and uncertainties that encouraged constant litigation. To remedy this evil, a Bill was last session introduced into the Assembly by the Governmentto consolidate and amend the laws relating to Resident Magistrates, and to the jurisdiction of Justices of the Peace in civil matters ; also to abolish imprisonment for debt. The latter was perhaps the most important item in the contemplated amendment on existing laws. The Bill passed the House of Representatives, but the imprisonment clause vvas expunged in the Council, and the Bill as amended, accepted by the Assembly. We have the new Act now before us. In its present shape it is a decided improvement on its predecessor ; at the same time it has been clipped of its most important reform. The draft Bill prepared by the Government appears to our mind to have been as perfect as could have been drawn. It consolidated the fragmentary laws, and provided for the protection of the honest but unfortunate debtor, and the punishment of the dishonest or reckless trader. But as it now appears in its mutilated state, it is very like the play of Hamlet, with the character of Hamlet omitted. To quote a portion of the speech of the Hon. Mr Hall, who introduced the Bill — " It repealed the provisions of the existing law with regard to Resident Magistrates, and embodied them in one statute ; at present they were scattered over a large number of ordinances. It made no material alteration in the law. It provided that in future, as a general rule, persons should not be imprisoned for debt, except where it could be shown that the debts were fraudulently incurred, or that the debtor had been ! making away with property with a view to defraud his creditors, or that he incurred debts very recklessly." The new " Resident Magistrates' Act " comes into force on the Ist January next. As we have previously stated the chief item of change proposed was not carried, but the law of imprisonment for debt has been somewhat modified, and other acceptable reforms made. It will be our endeavor to epitomise as correctly as possible the alterations. The magisterial jurisdiction is now placed on a sound basis — one code of laws for the Colony. To go into details : Under the head " Jurisdiction of Courts," (No. 19) we find a new clause, (2), where the plaintiff seeks to enforce a claim upon a moveable property, the property not exceeding the value of twenty pounds, the magistrate can adjudicate upon the same. The amount for which a creditor can sue in this Court, formerly limited to twenty pounds, (in some districts) is now generally extended. (20) " The Resident Magstrate's Court of any district shall have power to hear and determine any case in which the amount claimed, or value of the specified moveable property sought to be recovered shall exceed twenty pounds. Provided that the parties thereto shall agree by memorandum, signed by them or their solicitors, that the case shall be tried by such Court, and provided that the case is such as might have been lawfully tried in such Court, if the amount claimed, or value of property sought to be recovered had not exceeded twenty pounds." By this clause also, a mutual^con^|^^^L^

new clause (41) gives the bench power to change the venue when deemed desirable. It says : — "If the Court shall be satisfied by either party to a cause pending therein that such cause can be more conveniently or fairly tried before the,, Eesident Magistrate's Court or" Court' of Petty Sessions of some other district it shall make an order that the cause be sent for hearing to such other Resident Magistrate's Court or Petty Sessions." ~ This is a change of some value. Another clause (45) provides that in " an action for the possession of a specific chattel, the defendant may deliver the same to the plaintiff, and pay into Court a sum of money by way of compensation for the detention thereof or damage thereto together with the costs incurred by the plaintiff up to the time of such payment." We must confess that this clause is to our mind extremely foggy. Is it intended to simplify the mode of getting out of a cattle stealing prosecution, or the unlawful appropriation of property ? It is a question that will be difficult to answer. The next addenda (54) is one of considerable importance to the legal profession and. the public generally. It strictly defines the cost of professional assistance thus : — ""When the amount claimed does not exceed twenty pounds, a fee not exceeding ..; one guinea, and when the amount is more than twenty pounds, such costs shall not exceed three guineas in each case at the discretion of the Court." "We : find that clauses No. 139, 140, and 141, are immediately connected with that of 54. No. 139 renders it compulsory for the solicitor acting for any party to deliver a detailed bill of costs within seven days of the action having been terminated. Also, (140) the client is exempt from actions for cost, should the above rule be broken by the solicitor. Again, (141) power is given to Eesident Magistrates on the application of any party to an action tried and determined by them, to fix the amount of costs to be paid to the solicitor employed ; and (142), provides that this taxation of costs shall not take place until the expiration of three days' notice. There are two further subjects that.require particular notice. The first is imprisonment tor debt. The present Act modifies tie punishment, although not abolishing the existing system. At present a debtor can be kept in custody for one month for every fivepounds butnot exceeding four A months. The new Act provides, that in the event of committal, it shall be for " any time not exceeding one month for every ten pounds. ProTided also, that no person shall be imprisoned on account of any judgment debt of less than ten pounds in amount. The other important item referred to is the clause (82), superseding the existing Summary Ejectment Act, intituled the " Recovery of possession of tenements." This alteration is perhaps of the most interest and importance to the public, therefore we purpose to publish in another issue this portion of the Act in full.