DELAY IN CIVIL CASES

Southland Times, Issue 24242, 27 September 1940, Page 9

DELAY IN CIVIL CASES

COMPLAINTS RECEIVED FROM CREDITORS JUSTICES OF PEACE OFFER ASSISTANCE Complaints had been received from many creditors about the lapse of time between the issue and the original hearing date of a summons set down in the Invercargill Magistrate’s Court in civil cases for trade debts, stated a letter which was received by the Invercargill Chamber of Commerce yesterday from Creditors’ Protection Ltd. The secretary of the chamber (Mr A. L. Adamson) said he had sent the letter to the Southland Justices’ Association, the executive of which had stated that justices of the peace would agree to arrange a rota and to provide justices to attend at least one sitting of the Court a week if required to take civil cases to the limit of their jurisdiction. It was stated by members of the chamber that the Magistrate could not do more than he was doing, and that whereas there had been two magistrates in Southland at one time, there was now only one and yet there was more work with the growth of the district.

The letter from Creditors’ Protection Limited stated that its directors had been investigating complaints from many creditors. The lapse was usually of six weeks, whereas in other centres, it was understood, the period was much shorter. It was thought that perhaps the reason lay in the fact that thei’e were only two court days each month for the hearing of such cases jn Invercargill. The Magistrate’s time was fully occupied for almost every day of each week between the Invercargill and Gore fixtures and his general country circuit.

At one time there was a separate Magistrate conducting the Eastern Southland work, and consequently weekly sessions in Invercargill were regular. It was therefore requested that a regular system be reinstated, as the present arrangements were detrimental to the business interests of Invercargill and Southland traders. It was considered that with the volume of such civil actions that were continually coming forward in Invercargill the city was entitled to at least one sitting each week presided over by the resident Magistrate.

Mr W. A. Ott, president of the Justices’ Association, said that justices of the peace could take civil cases in which the amount involved was not more than £2O.

Mr J. S. Brass: This delay is a serious thing for business firms. Mr Ott said he did not see how the present Magistrate could do more than he was doing. It was decided to inform Creditors’ Protection Limited of the progress of negotiations and to await a statement from the Law Society’s representative on the chamber (Mr S. M. Macalister) before taking further action.