PARLIAMENTARY.

Clutha Leader, Volume V, Issue 214, 16 August 1878, Page 3

PARLIAMENTARY.

THB -LOCAXi JUDICATURE BILL.

This is a 'Bill of 250 clauses, divided into eight parts. It . repeals 12 previous enactions relating to District Courts, Resident Magistrate Courts, and Petty Sessions, and consolidates the whole law relating to Courts of inferior jurisdiction. Part 1 continues in office judges and magistrates at present-appointed. Part 2 constitutes Courts of Record, possessing civil and criminal jurisdiction, to be termed District Courts. Civil business in the&e Courts is to be divided into two classes — one the full jurisdiction, and the other the limited jurisdiction. The judge of Courts of all jurisdiction must be a barrister or solicitor of the Supreme Court of not less than three years' standing, or a resident magistrate of 10 years' continuous service, who, however, must first pass a barrister's examination before a judge of the Supreme Court. Courts of a limited jurisdiction are to be under the presidency of Justices of the Peace, who are to be termed district magistrates ; such district judges and magistrates are to hold office at the pleasure of the Government. Deputy judges may be appointed, and also clerks and other officers. The Governor-in-Council is to make rules regarding the conduct of business in the Courts. By part 3, the Courts are to have judicature in civil cases in respect of all claims or demands where the plaintiff seeks to enforce upon some specified moveable property, provided that in any of the above cases the cause of action had arisen either wholly or in some material part within the district in which the action is brought, or where the party sought to be charged is residing or is carrying on business, or is served with the process of the Court within' such district. Every Court of full jurisdiction shall have jurisdiction in the cases before specified in every case in which the claim or demand shall exceed L2O, and shall not exceed L3OO. Every Court of limited jurisdiction shall in like manner ha,ve jurisdiction in every case where the claim or demand shall not exceed LSO. Every Court of full jurisdiction shall have cognizance of any action in which the title to real estate, or the validity of any devise or bequest shall be in question, or limitations under the act, will, or settlement shall be disputed, or of any action for malicious prosecution, or for any libel, or slander, or for seduction, or for breach of promise of marriage ; but only where the value of property in question shall not exceed LIOO. "Where questions of title arise the Court may proceed by consent of both sides, and the action may be tried by consent. Minors may sue for wages, and one of several parties jointly liable may be sued in Courts of limited jurisdiction. Justices of the Peace may sit and act with the magistrate. When no magistrate is present the senior Justice is to preside. District Magistrates a__ to have the power of two Justices. Part 4 deals with the procedure and practice in civil cases, as to making plaints, issuing summonses, hearing evidence, recovery of specific chattels, attachment of debts, recovery of small tenements, disputed boundaries, judgments' execution, interpleader, arbitrary heading, and appeals, &c. In regard to appeals, the appeal from District Courts of full jurisdiction is to be to the Supreme Court, and from the Courts of limited jurisdiction to the Court of full jurisdiction. In the former case the sum must exceed L 5. Where actions wliich might be brought in the District Court are brought in the Supreme Court, no costs are to be recovered. Part 5 deals with special jurisdiction in civil cases. In Courts of full jurisdiction either party may elect to have a Jury, on condition of paying the costs of summoning fifteen jurors, and L 2 10s for the' jury's fee. As the fifteen are to be reduced to five by challenge, and these five ax*e to get 10s i each. » Summary procedure is provided for on bills of exchange.. Jurisdiction is given in repleven cases. Where there is no Judge of the, Supreme Court, District Judges may grant jurisdiction, and deal with cases of probate administration and arrest. These powers , are only to be exercised in districts proclaimed by the Government. Part 6 provides that District Courts of full jurisdiction, only in the actions and matters not hereinafter mentioned, and in such actions and matters, shall have the jurisdiction, and exer. cise all the powers and authority of the Supreme Cotirt. (1) In all actions by creditors' legatees (whether specific, pecuniary, or residuary) devises (whether in trust or otherwise) heirs at law or next of kin ; the personal or real estate against or for an account or administration of which, the demand maybe made, shall not exceed in amount or' value the sum of LSOO. (2) In all actions for the execution of trust in which the trustor fund shall not exceed in amount or value the sum of LSOO. (3) In all actions for redemption or enforcing any mortgage charge in lieu' where the mortgage charge in lieu shall not exceed in amount the sum 0f ,. '1_5f)0. . (_) In all actions for specific performance, or for the performing, delivering, or cancelling of .jmy'jagreement .for th^sale,

purchase, or lease of any property, when in the sale or purchase, the purchaser's money, or in the case of gales, the value of the property, shall not exceed the sum. of LSO. (5) In all proceedings under the Acts of the Imperial Parliament, called respectively the Trustee Act, .1850, as adopted by the English Act, 1854, and under the Trustees Relief Act, 1862, or any of them, in which the trust or fund to which the proceeding relate, shall not exceed in amount of value the sum of LSOO. (6) In all proceedings relating to the maintenance or advancement of the appointment of guardians to the property, or of the person or infant, in which the property of the infant shall not exceed in amount or value the sum of LSOO. (7) 'In all actions for the dissolution or winding up of any partnership, society, or other company, in which the property, stock, and credit of such partnership or company created by or under any statue shall not exceed in amount or value the sum of LSOO. (8) In all proceedings for orders in the nature of injunctions where the same are requisite for granting relief in any matter in which equitable jurisdiction is given by this Act to the District Court, or for the stay of proceedings at law to recover any debt proveable under a decree for the administration of an estate, made to the Court in which the application for the order to stay proceedings is made, actions may be transferred from the Districts to the Supreme Courts by order of a judge of the latter. Actions for the specific relief may be transferred "from the Supreme to the District Court. Juries may be summoned to try issue. Suits in excess of the equitable jurisdiction of the District Courts may still be carried on there by order of Judge of the Supreme Court. Part 7 deals with the criminal jurisdiction of District Courts. The Governor, may, by proclamation, from time to time declare that any District Court of fidl jurisdiction shall have cognisance of all felonies and indictable misdemeanors committed before or after the passing of this Act, wliich may be brought under the cognisance of such Court in manner provided by this Act, except treason, murder, or other capital felony which, Avhen committed by a person not previously convicted of felony, is punishable by penal servitude for life or more than fourteen years. Except also any of the following offences against the Queen's prerogative person, or Government : — (3) Offences subject to penalties praemunire ; (4) blasphemy and offences against religion ; (5) administering or taking unlawful! oaths ; (6) composing printing, or publishing blasphemous, seditious, or defamatory libels ; (7) unlawful combinations and conspiracies, except compunctions or conspiracies to commit any offence whereof such District Court had cognisance when committed by one person. Part 8 deals with a few general and miscellaneous matters of no great interest.