MAGISTRATE'S COURT PROCEDURE.

Press, Volume LI, Issue 15174, 12 January 1915, Page 2

MAGISTRATE'S COURT PROCEDURE.

AMBIGUOUS AMENDMENT.

One of the most recent amendments to the Magistrate's Court Act provided that in undefended civil actions where no notice of defence had been filed within the period stipulated by the Act, that solicitors could apply for judgment by filling in a form to be put before the presiding magistrate at the Court for the trial of the case. The wording of the amendment is to some extent ambiguous, and would mako it appear that there can be no saving of time to solicitors in the adoption of this proceedure if they have to wait in Court until the ca.se is cabled before the writton application can be accented.

In connexion with some cases he had at the Magistrate's Court* yesterday, Mr J. J. Dougall brought the matter before Mr H. W. Bishop, S..M. After reading from the amended Act, Mr Dougall submitted that it allowed of solicitors handing in the application at the Court office on the morning on which the case would be heard, and they were not called upon to actually "appear" in Court as the Act stated. He contended that in the spirit of the amendment the attendance at the Court office, not the actual appearance of the solicitor before the Magistrate, was intended. Mr Bishop commented upon the loose construction of the amendment, and remarked that no doubt what Mr Dougall had stated was'the intention.

It was mentioned that the course proposed was accepted in Wellington .and other Courts, and upon this Mr Bishop remarked that the matter should be taken up by the Law Society. If solicitors were of the general opinion that such a method -would be largely availed of and convenient, he would accept it, as he -was entirely in sympathy with the suggestion made and with the intention of the Act, for it would expedite the business of the Court.

Mr Dougall announced his intention of bringing the matter before tic Council of the Law Society.