A Happy New Year !

Clutha Leader, Volume I, Issue 25, 31 December 1874, Page 2

A Happy New Year !

'We have had our attention drawn to what seems a very questionable mode of procedure, connected with our judicial administration. We have no intention of impugning the local bench, or implying' that it has exceeded the powers vested in. it by the Legislature. Our object simply is to point out a practice which, to say the least of it, is open to grave suspicion, and which, in the hands of needy and unscrupulous adventurers, such as are to be found in the best regulated circles, may be rendered a powerful instrument for ex-tQrti-an. . . Clutha, it appears, although provided for by_ a separate sitting of thcr local Court, is still . allied by s,ome legal tie or another, to the judicial district of Tokomairiro. The consequence is, that the plaintiff in a suit if- he' thinks, fit, or if it may happen to suit his purpose, can ignore the local Couit altogether, and drag the defendant to Tokomairiro, to answer the particulars qf his derojmd; That seems to be stretching the.question of jurisdiction to an extraordinary point, a point we are disposed to think was never contemplated/ by the Legislature The rule followed by the best, and oldest systems, administered under and by virtue of British authority, pre-emin-ently that pf Scotland, is that a plaintiff, or, as he is designated in Scotch law phraseology, a pursuer, must *in all cases of inferior , Court practice, follow the defendant, "even "although lie may hav.e left the jurisdiction of the Court where tp.e cause of action arose. In New Zealand that rule is" so,,far relaxed that a plaintiff may compel a defendant to follow him, provided always he takes him to the placja where the contract, was made, upon which he. sues. As we are at; present situated in" our relations ,to Tokomairiro, however, theL plaintiff can not only, compel. defendant to follow him, but in doing so, he .can 1 carry him' away altogether from the place where jhe action ~arose. ,jf that is law, and as at present advised, we, are bound to presume that it is, we would ask, what does the Clutha district, gain from the periodical sittings of the Court held within its own boundaries ? If. a man. of. siraw, as. .we.'. know- has been. done,, can Jegally compel a man of substance to leave the locality where the' debt as aHeged was contracted, 1 at the very time % a Court with co-ordinate jurisdiction is sitting in locality, then we maintain,., the i law>.hasiput into. the..

hands^ of-..* - pkintifi, so sjtuated, Ji powerful instrument- for extortintffß mone£. In other! Words, . it ig-simplijH holding, out " inducements, and verfH strong inducements too, for the perpJH tration of fraud and wilful imposition!! T-Jae defendant in such a,' suit is" bouncfl to know that uncter any circumstances'^ the logs will fall upon him. Where thflffl cause of action, arose, there evidence ofjl the transaction is most likely to bof found., and it follows that, if the de-i fendant has to transport that evidence]! to a distant retreat, selected by plaintiff! tor having the case heard, th,e. fi.rstf question to be considered will be as'tol the probable expense. With no hopei of being reimbursed that expense, even! although successful, the chances are! that "the first loss will be looked upoafj as the best, and the claim settled, how||l ever exhorbitant it may be as a demandjli This^is a possible, nay a very probablelS contingency, and we invite our readers!! to contemplate } t seriously. ' If tholl business arising in and about Balcluthaii is too great to be got through by onoday'gH sitting in th^e fortnight;, then we subll| mit that two or. even m.ore sittings musf||| be provided for. The intervention ofji the law can. be of very, little use, at all S events it is not at all likely to com j| mand public confidence, so long as thejjj bare possibility exists of its being reu-J dered an instrument for torturing J money out of any class. M Accounts from Clinton continue tdf§j be of a doleful nature. Indeed, we may'S fairly anticipate one of these days to bejfj called upon to record some tragedy orj|| another, of which serious injury, to the^tf person, or, what is ' quite as likely^H death itself will be the result. A corres^ | pondent writes : — " On Christmas evejJ| "we bad it very hot; A heavy drink-) :| " ing bout took place, which culminated! -i- " as usual in a row, amidst which blows] If " were freely exchanged, and empty! H " bottles and other missiles sent flying,]i| " about, to the danger of life and limb.l % v During the heat of the broil the well-jl " disposed portion of the inhabitants!!! " shut themselves up in their dwellings^ " so that I am only in a position toj|g " furnish a statement of net results.lS " Two or three scalp wounds were sus-jgl " tamed, a number of hands and arms'*' || " were badly bruised, and as for broke™ " noses and * plugged-up' eyes, I ansJi " quite sure they could have beeniS " counted by the half-dozen. This iij[|pl v a very promising commencement fotj|j " the holidays. How we are going to;|l " get through them I am sure I cannot?t| " tell- That we'll have a few moranil lf bruised limbs and battered counten-if " ances amongst us before the year's oui '-•- 1 " may be set down as certain. I only' t " hope and trust that the present lawy'- " less state of the district will not re- ,! " suit in manslaughter or murder."We should imagine that that is a pic-f; ture which would stir the police audio-' ". rities to immediate action. We are aware that some kind of remote pro-/ mise or another has been given that the 1 matter will receive attention. Still,.' that is not sufficient to meet the re< quirements of the case. It may ba;/ quite true that all the requisites of a;: police camp or station cannot be pro< ~ l vided for in a day, but that is no ; reason why a trooper should not be ; j j sent to the place to keep watch and> 1 ward until better provision can be^ \ made. The very presence of such a.* 1 functionary would prove a deterrent.-: i If lie did not act as a preventive he j \ would at least operate as a cure, inas:s much as that he would be enabled to 1 ? j bring offenders to justice. We earnestly^ i recommend this suggestion to attention; ; by tl\e proper authorities, and in doingj so we are simply complying with aj ; request conveyed to us by a largej . sectipn of the residents 1 I