COUNTRY MAGISTRATES.

Westport Times, Volume II, Issue 160, 4 February 1868, Page 3

COUNTRY MAGISTRATES.

{From the Nelson Colonist, Jan. 28.) The manifold changes which take place in our law cannot fail to be productive of considerable inconvenience; and, with respect to the action and powers of Country Justices, and has caused delay in those small cases which, from the nature of the plaints and the sums sued for, require a quick and simple process of administration. One of the gravest errors of the legislature with reference to Justice of Peace Small Debts Courts, was the allowing of appeals to the Supreme Courts against the decisions of the Justices. Such an appeal is equivalent to the destruction of the principle on which the Small Debts procedure is based—that of giving to the public cheap and speedy justice. The power of appeal even although dependant on the certification of the Justices, opens the way for a vexatious and expensive litigation, which the progress of law reform in England within the past twenty years has done great service in removing. The Scotch system of small debt courts (we refer to Scotland because we are more familiar with the working of the law there) allows Justices of the Peace to decide without appeal in causes not exceeding £2O. There is also the Sheriff Small Debt Court, which is presided over by a trained lawyer, the Sheriff-substitute of the County, who has large jurisdiction in his higher or ordinary court. This Judge goes a short circuit about once a month to three or four towns within his district; or, if in a large city, he holds a small Debt Court once a week. The jurisdiction of these. Sheriff Small Debt Courts is larger than that of the Justice of Peace Courts, and extends to £SO. The judgment in both courts is final and without appeal to any higher tribunal; and no fees beyond court fees are allowed, the object being to prevent the unnecessary employment of expensive counsel in small cases. In the Justice of Peace Court, held by men not learned in the Jaw, the decisions on equity and good conscience, —of course never evading or overriding the written law, —give a general rough kind of justice which satisfies the public; and it is a power like this which ought to be vested in the Justices of the different districts of this colony, just as hitherto a similar power, has with a few exceptions, been successfully carried out under the ordinance to which Mr Barnicoat refers in his letter on this subject which we publish in another column. And now, by the act of last session, all this is overthrown, and no provision is made for supplying anything in its place, so that the country justices are now without power.to hold courts to try civil causes. This power is lost to them for the present in all districts which are not proclaimed under the Petty Sessions Act of 1865. Very few districts have been so proclaimed, and none in Nelson. The act was objected to on account of its expense, as it involves the payment of a chairman of the bench of Justices; and on what ground such chairman is entitled to pay for what is always held as an honorary duty, and especially when his brother justices are as good as he, and may be a great deal better, it is not easy to see. A clerk is also required under this act; said cleirk being something equivalent to a legally qualified

assessor to be appointed for each district. This is unnecessary expense, inviting a kind of refining in the pleadings, which if permitted would destroy the simplicity which ought always to be aimed at in the administration of Small Debt Courts. Meanwhile, through legislative blundering the local Justice of Police Courts, hitherto held at Kichmond, Spring Grove, and Motueka, .are de facto abolished so fur rs concerns civil 'causes, and plaintiff and defendant must now travel into town and bring their cases before the Resident Magistrate, which is a grave preventive of easy justice, and a costly course to both parties, all tbe worse that it was perfectly unnecessary. Of course the country justices can come into town and sit in judgment along with the Resident Magistrate ; but that is only a small mitigation o'f the evil, if indeed it does not rather increase it by increasing the trouble and expense of travelling both for justices, witnesses, and parties alike. There must be more tinkering of the act next session ; and for heaven's sake let simplicity and cheapness be the end and aim of our legal authorities. At present, and until such alteration is made, (unless the country districts are to be put to endless inconvenience and loss of time and money,) we see nothing for it but to proclaim the country districts under the Petty Sessions Act of 1865, making-, if possible, an alteration which shall be the payment of a chairman, and also the appointment of a professional assessor. The public have to thank Mr Barnicoat for bringing the matter forward, and we take blame to ourselves for neglecting it so long. There has been talk for some time past of extendtending the district of the Resident Magistrate at Nelson to Richmond; but even if that were done, what is to become of the other and more distant districts P A man was recently blessedby an addition to his household. The next morning the happy father took his four-year-old boy to the upper room to see thelittle brother, who was quietly enjoying his first morning nap with his mouth open. All were quietly watching the elder brother,desirous to catch his first observation. With eyes firmly fixed at the new comer, and with a countenance showing trouble within, after a few moments of silence, he defiantly exclaimed, "I should like to know who pulled out baby's teeth!"