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The Feilding Star. FRIDAY, JULY 14, 1893. Magistrates' Court

The Magistrates' Court Bill, introduced to the Legislative Counoil by Sir Patrick Buckley, does not meet the approval of our contemporary the Post because the Bill proposes to give Resident Magistrates jurisdiction in cases of libel up to L2OO. Our esteemed contemporary says this is undoubtedly in opposition to the spirit of modern English legislation on the subject, the tendency of which is to remit to a jury much of the power which used to appertain to the Judge to determine what is and what is not a libel. It is also in conflict with the provisions of the Libel Bill, which has already so often passed the Legislative Council. The Bill certainty gives Resident Magistrates power to hear libel cases up to LIOO, but only when a Judge remits them to a lower Court so as to save the defendant from the expense of Supremo Court costs should the action fail and the plaintiff haye been unable to give security for costs. It would be a most dangerous thing in small communities to give Resident Magistrates the power of dealing with libel cases and to award damages up to L2OO. Such cuses are of a character that the defendant should not be do- ! prived of the right of asking the ! verdict of a jury on the alleged injury. We trust libel will be removed from the list of actions iv which original jurisdiction is proposed to be i i conferred on Resident Magistrates. < j All newspaper men will agree with the Post in these views. The Libel : Bill has passed all its stages in the Legislative Council, but the fiery ordeal of the House of Representatives ; has yet to be undergone, aud it may , there meet the fate it has so often met i before. Whether the Magistrates' < Court Bill will be even so fortunate < remains to be ween. (

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/FS18930714.2.5

Bibliographic details

Feilding Star, Volume XV, Issue 12, 14 July 1893, Page 2

Word Count
319

The Feilding Star. FRIDAY, JULY 14, 1893. Magistrates' Court Feilding Star, Volume XV, Issue 12, 14 July 1893, Page 2

The Feilding Star. FRIDAY, JULY 14, 1893. Magistrates' Court Feilding Star, Volume XV, Issue 12, 14 July 1893, Page 2