HOKITIKA SUMMONSES.

West Coast Times, Issue 30, 12 August 1865, Page 3

HOKITIKA SUMMONSES.

TO THE EDITOR OF THE WEST COAST TIMES. Sin, — Permit me to call attention to a rulo mado by tho Resident Magistrate hero, viz. : — "That all summonses must be served by the bailiff or his assistants," and tho hardship it may entail upon plaintiffs. A is adtised by his solicitor that ho hns a good cause of action iigainst B, rosident at a distance from tho Court. A has sufficient money to pay for the summons, but not the fee for seivice by tho officer of the Court. It is thought that the clerk to tiie solicitor for A can servo the summons on B ns ho is going near his residence, and is well ac•quaintcd with him. Application is mado to tho ' Resident Magistrate to direct sorvico in the mannor stated, who is also informed that A has a good oauso of 'action, as advised by his solicitor, but that he has only sufficient money to pay for tho summons. Tho Resident Magistrate refuses i Tho 4th clause of tho Resident Magistrate's Courts' Act, 1858, is as follows : — "Tho process of tho Court may be sorved by the bailiff or his assistants, or by any other person tho Resident Magistrate may think fit to direct." Ought the Magistrate to refuse in the caso stated ? Can he bo compelled to accede to so reaonablo a request ? One of tho rules laid down for tho interpretation of statutes is "that they nre to bo construed, not according to their mere letter, but the intent and object for which they were made. It occasionally happons, therefore, that the judges who oxpound them are obliged in favor of tho intention to depart in some measure from the words. And this may bo either by holding that a cajio within tho words is not within tho meaning, or that a case not within the words is within the meaning. Tn all instances where tub strict letter of tho law is thus corrected by reference to its intention the construction is said to bo by Equity. It is to bo observed, however, that this principle of equitablo construction is nottq,be carried beyond certain bounds, and a judgo is not at liberty, in favour of a supposed intention, to disregard the express letter of tho statuto whero, for anything that appears, the wording may correspond with tho actual design of the Legislature. It is quite clear that' the Legislature did not intend that

poor A is to bo deprived of his rights through the caprice of any Resident Magistrate refusing any one but his officers to servo tho process referred to It is quite clear that ho has 110 right to refuse, and the less I say about Equity the better. With roforence to compulsory measures tho Supremo Court superintends tho inferior tribunals in the Province, and enforces tho due exerciso of those judicial powers with which the Legislature has invested them, and this is not only by restraining their excesses, but also by quiokening their negligence and obviating their denial of justice. Whether a Writ of Mandamus will be granted by the Supremo Court to compel tho issuing of a Bummons in Hokitika when an injured man has only 3s (sufficient to pay for issuing [of it) time will prove. I am, Sir, Your obedient servant, H. 0. Mandy. Hokitika, 81st July, 1 865.