EXTENDED JURISDICTION OF DISTRICT COURTS.

Tuapeka Times, Volume III, Issue III, 26 May 1870, Page 5

EXTENDED JURISDICTION OF DISTRICT COURTS.

(From the " Oamaru Times.")

The time has now, we think, fully come that some arrangement should be made to facilitate the prosecution of civil and criminal suits by parties vosiding iv the wide district, bounded on the one side by the Waitaki River, and on the other by the Horse Range. With regard to civil matters, at present the local Courts of Oamaru and IJampden, presided over by the Resident Magistrate, Mr. Parker, can only dispose of causes in which the sum sought to be recovered does not exceed the sum of LSO ; while the bi-monthly Extended Jurisdiction Courts, held by Mr. Wil*on Grey, can only decide suits in which the sum sought to be recovered does not exceed the sum of 1. 100. Thii state of things renders it necessary that actions for the recovery cf debt or damages exceeding the last-men-tioned sum should be brought in the Supreme Court, which holds its sitting at Dunedin, and the consequence is that a very heavy expenditure is entailed in the travelling exjjonses of witnesses, besides the expense and inconvonionce to which the parties to the suit must be put by having to make a journey of SO or 10U miles to get a hearing of their cause. Then, again, the quantity of business which the Supreme Court has now to transact often involves a very considerable delay before any particular cause can come to hearing ; and the parties thereto, having to be in town at the commencement of the session, have sometimes to remain several days before the case conies to trial — the delay necessarily entailing additional expense. This in many cases virtually deprives persons of limited means of their proper legal remedies, and w-e know of several instances in which just claims! ha\o been partially abandoned in order to allow of proceedings being taken in tho local Court ; one has only recently come under our notice, in which a creditor, rather than incur the delay and expense of referring the mrt er to Dunedin, has elected to sue for the I'ecovery of LIOO out of a debt of L 250, thus abandoning the balance. It must be borne in mind that the uncertai f.es of the law are only too painfully felt, and men naturally shrink from incurring heavy costs w liicli may possibly have to be paid by them, through some techinical ditlictilty or legal informality, and as, however just a man's claim may be, he can therefore never be absolutely certain of maintaining it, he is apt to hesitate before incurring a possible liability in addition to an actual loss. I^urllier, even should the plaintiff get a judgment, he is not always sure of being able to obtain satisfaction from the defendant, and where there is any risk of this, he prefers to proceed in the cheapest way possible, even though he have to abandon part of his just claim. We are aware that this is a difficulty which cannot be provided for in all casts. Residents in thinly populated districts must necessarily put up with it for a time, but this district cannot now be said to be thinly populated ; indeed it has, we think, advanced to such a position, as regards population and importance, as to entitle it to claim a remedy for the grievance complained of. This remedy would be best obtained by the holding of a Circuit Sitting of the Supreme Court in Oamaru at fixed periods, and we think a sufficiently strong case could be made out to jiistify Ministers in advising His Excellency the Governor to exercise the powers conferred on him by "The Supreme Court Act, 1860," Sec. IT, which reads as follows :— " There shall be held Circuit Courts for the despatch of civil and criminal business of the Court, before one of the Judges thereof, at such places and tinres as the Governor in Council may from time to time appoint." In the event of a Circuit Court being held here, there is no reason why criminals committed for trial by the Magistrates should not be tried thereat, thus saving considerable expense to the Government in their transport to Dunedin, always supposing that sufficient gaol accommodation would be provided for them at Oamaru.. We should like to see a memorial drawn up for transmission to the Government, through the Attorney-General, having for its object the establishment of a Circuit Court here, and trust the m.atter-will be taken up by the- public. There is, however, should the effort fail, anotheralternative, viz.,, the establishment of a District Court, under " The District Courts Jurisdiction Extension Act, 1866," which gives jurisdiction to the. District Jud^e to the extent of L2OO. Further, and m any case, an effort should again be made to, obtain the extension of the jurisdiction of the Resident Magistrate to the sitm of LIOO. The Resident Magistrate in, Timaru has jurisdiction to that amoitnt, and we can see no valid reason why that of the Resident Magistrate here, should be limited to L 50..