The Wairarapa Daily. THURSDAY, OCTOBER 29, 1885. THE RESIDENT MAGISTRATES EVIDENCE ACT.

Wairarapa Daily Times, Volume VII, Issue 2132, 29 October 1885, Page 2

The Wairarapa Daily. THURSDAY, OCTOBER 29, 1885. THE RESIDENT MAGISTRATES EVIDENCE ACT.

Among the many measures providing for the administration of justice which ure in force in New Zealand, there is one called the Resident Magistrates Evidence Act 1870. This Act provide? that any person who is being sued, and who resides over twenty miles from the court house whtre the cause is to he tried, may apply to ihpneareslKusident Magistrate to have his evidence taken there, provision being further made for the manner in which the evidence tendered is to be taken down and for warded to the Resident Magistrate who issued the summons, and also to the person bringing the suite. The Ant husproved very useful in many respects, ns it is the means of saving a great deal of unnecessary expense. A person residing in Masterton may, for instance, be sued in Wellington for an alleged debt of only a few shillings, and if he wishes to resist the claim he would, without the Act, have to proceed to Wellington, His travelling expenses would, in that case, come to more than the amount of the claim, while, by having his evidence taken in Masterton he would lose only a few hours. Apart from this he would, however, either lose the opportunity of cross-examining the other side, or he would have to employ counsel, There is, however, one very serious drawback to the measure. When evidence has been given'in the manner described, a copy of it has to be forwarded to the other party to the cause, and the plaintiff thus becomes possessed of the defence heforeliisownevidenceisgiven, while the defendant, as a natural consequence, knowsnothingmorethantheinforination contained in the summons, Even when he is represented by counsel he is at a disadvantage, which is generally increased by the rending of the evidence before the case is proceeded with. In ordinary cusps where both parties are present, the plaintiff has- to complete ■his case before the defence is entered upon, and that course is a very proper

one. We think the Legislature might find means to remove the anomaly. Wliilo it exists there will always be a risk of a miscarriago of justice. To expect a reply before a charge is made, or before a question is asked, is, to use a very mild term, simply absurd,