Acts passed during the late Session of the General Assembly. RESIDENT MAGISTRATES' COURTS ORDINANCE AMENDMENT ACT, 1856.

Daily Southern Cross, Volume XIII, Issue 957, 29 August 1856, Page 3

Acts passed during the late Session of the General Assembly. RESIDENT MAGISTRATES' COURTS ORDINANCE AMENDMENT ACT, 1856.

Session 4, No. 20. An Act to amend An Ordinance to providt for the Establishment of Resident Magistrates' Courts, and to make special provision fir the administration of Justice in certain cases, passed by the General Legislative , Council of Nero Zealand, Session 7, iVo. W. ' i (Assented to 15th August, 1856.) Whereas, it is expedient to make further provision to secure the satisfactory administration, of Justice in Resident Magistrates' Courts in New Zealand. Be it enacted by the General Assembly of New Zealand a« follows : 1. No Resident Magistrate, after the passing of this Act, shall practise, or be directly or indirectly concerned , as a solicitor, attorney, or proctor. And any Resident Magistrate so appointed who shall practise, or be directly or indirectly concerned as aforesaid, shall, for every such offence, forfeit and pay the sum of Fifty Pounds, to be recovered by action in the Supreme Court by any one who may sue for the same. 2. In every case of assault over which a Resident Magistrate shall have jurisdiction, it shall be lawful for him to adjudge in lieu of fine, a term of imprisonment, with or without hard labour, not exceeding two calendar months. 3. It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in any Resident Magistrate's Court. 4. It shall be lawful for every Resident Magistrate or Justice of the Peace to issue * summons to any person to appear and give evidence before him |in any civil action then pending, and every person who shall neglect or refuse to appear as aforesaid, or who shall refuse to give evidence, shall be liable to a penalty not exceeding ten pounds, or in default of payment to be imprisoned for a term not exceeding fourteen days. 5. In all cases where a bailiff shall have been appointed for any Resident Magistrate's Court, all process from the said Court shall be served by the bailiff or his assistants, when the person upon whom the process is to be served shall reside within ten miles in a straight line from the place where the said Court is usually held, and the said bailiff or his assistants shall be entitled to receive the fees specified in Schedule A to this Act annexed^ which fees shall be accounted for to the Clerk of the said Court, who shall pay over the same in like manner as other fees received by such Clerk. Provided always that all such fees shall be prepaid. Provided further that it shall v be lawful for the said Resident Magistrate to refund to the said bailiff or his assistants, out of the fees which shall be received in respect of Sohedule A to this Act annexed, any amount actually expended by him or them in serving such process as aforesaid. 6. IJvery person who shall be summoned, and who shall appeal' as a witness, shall be entitled to an allowance or compensation for expenses and loss of time, according to the scale contained in Schedule B to this Act annexed. And in any eate o.f nonsuit any Resident Magistrate, or any two Justice* of the Peace, shall have power to award to the defendant such costs as to him or them shall seem reasonable, and the amount so awarded may be recovered in the same manner as if judgment had been given for £> c said amount. 7 And whereas it is now lawful, under and by virtue of an Ordinance intituled the "Resident Magistrates Ordinance," Session 7, No. 16, for any Resident Magisti ate or any two or more Justices of the Peace to hear and determine in a summary way any claim or demand whatsoever of a civil nature, in which neither ot the parties are of the Native race, and where the debt or damage shall not exceed twenty pounds. And whereas it is expedient that such jurisdiction shall be restricted, Be it further enacted as follows : It shall not be lawful for any Resident Magistrate nor Justices of the Peace to take cognizance of any such claim or demand in* which the validity of any devise, bequest, or limitation tender any will or settlement may be disputed, or for a,ny malicious prosecution, or for any libel ot slander,

or when any title to land is in dispute, or of any acti<>si for criminal conversation, or for seduction or breach of promise of marriage. 8 This Act may be cited for all purposes as the "Resident Magistrates' Courts Ordinance Amendment j Act, 1856."

SCHEDULES REFERRED TO. A TABLE OF TEES TO BE PAID TOR SERVING PROCESS. Serving Summons or Subpoena if within one mile of the Court Rouse 3s. For every extra mile (one way) Is. For executing Warrant beyond one mile from the Court House per mile one way Is,

B ALLOWANCE TO WITNESSES. For every Witness residing within one mile from the Court House a sum not exceeding 10s. For every extra mile (one way) Is.