The Sonthland Times. FRIDAY, APRIL 12, 1872.

Southland Times, Issue 1563, 12 April 1872, Page 2

The Sonthland Times. FRIDAY, APRIL 12, 1872.

The first session of the District Court was held on Wednesday, and proved a maiden assize, there being no criminal business. Many of our readers are probably unacquainted with the jurisdiction and procedure of tbi9 Court, and for their benefit we take the following particulars from the District Courts Act, 1858, and subsequent amending Acts. Districts within which such courts are held are constituted by the Governor, and a local name assigned to each. Our own is known as the District of "Western Otago, |md comprises all that portion of the 'province lying to the west of the river Mataura. Arrangements have been made for the sitting of the Court in Invercargiil every second month. His Honor Judge "Ward has been appointed District Judge, and Mr E. D. Butts is Clerk of the Court. The duties of the Clerk comprise the issue of all summonses, warrants, precepts, and writs of execution, and taking charge of all Court fees and fines, and money paid into Court. The civil jurisdiction of the Court extends to all cases, whether legal or equitable, where the claim shall exceed twenty pounds and shall not exceed two hundred pounds, and where the cause of action arises in some material point within the district, or where the person sought to be charged resides or carries on business in the district Questions of title to real estate, limitations under will or settlement, actions for malicious prosecution, libel, slander, or breach of promise of marriage, are beyond the cognizance of the Court ; but any actions whatever may be tried in a District Court by consent of both parties. Persons under the age of twenty-one years may sue in these Courts for wages or piece-work. The Judge determines all questions as- sole judge both of law and of fact in all cases tried before him, unless the caaa is to be tried by a jury, for which provision is made if one or both of the parties desire it. In event of a jury being required, seven days' notice before the hearing must be given to the Clerk of the Court, who thereupon summons twelve jurors residing within ten miles of the place where .the Court sits. When the jurors are in attendance, the numbers are reduced to four by the alternate challenge of the plaintiff and the defendant, and the case is tried by this jury of four, whose verdict must be unanimous. But if they cannot agree after six houra' deliberation, they are to be discharged, and the case may be tried over again. Judgment entered in pursuance of the verdict of a jury has tbe same effect as if entered in pursuance ofthedetermiDation of the Judge of the Court alone. Parties may appear personally, or by a barrister or solicitor of the Supreme Court, bub not by au agent who is not a barrister or solicitor, except in special cases, by the permission of the Judge, A summons may be issued against auy defendant residing out of the district on the plaintiff's deposition on oath before the Clerk that the causa of the actiou has arisen in some material point within the district. The costs of action may be apportioned between the parties in any manner the Judge may think fit, but in the absence of special direction by the Judge the costs abide the event of the action. Coats are to be allowed to the plaintiff's solicitor at the rate of five per cent, on the amount for which the judgment shall be given, when such per centage "amounts to three guineas or more ; but in no case is he to be entitled to a less sum than three guineas, whether judgment be given, for pldntiff or defendant. The defendants solicitor , is entitled to a tsutn of fi\e per cent, on

the amount claimed if the judgment be in his favor; and if the judgment be against him, then five per cent, on the amount of the judgment. This provision appears to be objectionable. In no case is he to receive less than three guineas. A table of Court Fees is to be posted up in the Clerk's office. If the amount for which judgment is given be not paid, execution may issue against the goods of the defendant ; and if the goods are insufficient, then at the request of the party in whose favor the judgment has been given, the defendant may be imprisoned in the common gaol — for an amount under fifty pounds, for four months, and over fifty pounds, for six months. If any plaintiff in an action in the Supreme Court which might have been tried in a District Court fails to recover more than a hundred pounds, he is not • entitled to costs, unless the Judge shall j certify that there was a sufficient reason for bringing such action in the Supreme Court, instead of in the District Court. Arbitration for the settlement of suits is provided for when the parties consent to this course. The Judge, on receiving such consent, may order the matter in dispute to be referred to arbitration, appoint arbitrators and umpire, and enter the award as the judgment in the cause. In the appointment of arbitrators, the Judge would probably be guided by the suggestions of the parties to the cause. The Judge may, however, within a limited time, set aside the award, if he see cause ; or he may by consent of parties revoke the reference to arbitration, or order another refereuce. Parties having referred to arbitration cannot withdraw, except by consent of the Judge. An appeal may be made to the Supreme Court against the decisions of the District Court. Appeals from "Wardens of Goldfields must be to District Courts. The Court has also jurisdiction in the probate of wills and administration of intestate estates, and also in bankruptcy. The procedure of the Supreme Court is closely followed in criminal matters. Criminal cases are tried by a jury of twelve. The jurisdiction is restricted to misdemeanors and those felonies for which no greater punishment than seven years ! penal servitude is awarded. The chief point of difference is that the indictment is signed by the Crown Prosecutor, or the Attorney- General, instead of presented by a grand jury — a change which we look upon as an improvement, and which we believe will sooner or later be extended to the procedure of the Supreme Court. There are many other provisions, but the sketch we have furnished will serve to show our readers what are the faciliiies afforded by these Courts for the speedy and inexpensive settlement of disputes. The provisions for the application of arbitration we consider especially valuable, and the method of obtaining a jury of four from a larger number will generally secure a jury of more than average ability — besides affording the means by which the parties to a cause may obtain the verdict of the four men whom they consider most fitted, it miy be by professional ,or other special qualifications, to form an intelligent opinion on the merits of their p trticular case.