LEGAL PEOOBDUBE AND COURT HOUSE.

Hawera & Normanby Star, Volume XX, Issue 2363, 28 February 1893, Page 2

LEGAL PEOOBDUBE AND COURT HOUSE.

The Mayor then brought under the notice of the meeting the question of enlargiug the jurisdiction of the District Court, and the increasing of the accommodation at th 9 Courthouse. He understood that the Attorney-General, Sir Patrick Buckley, had stated that he saw no objeotion to the jurisdiction of the District Court being extended in ordinary cases, seeing that in bankruptcy cases it was not limited, and that as much skill and attention was required in one case as the other. As to the building, the local profession were starting a library whioh would be useful, not only to themselves, but also to J.P.s and visiting magistrates. The business transacted by tbe court here was steadily increasing, and they were fully warranted in making this request, Mr. McGuire bad written to say that it bad for a long time been recognised by business men and litigants that tbe present jurisdiction waß too limited, and, seeing that they had so capable a District Judge, the request was one that the Justice Department should acoede to. Mr. Caplen moved, " That in the opinion of this meeting the jurisdiction both civil and criminal ot the District Court should be increased, and that the Minister of Justice be requested to take the matter into consideration at an early date." He might state that as to tbe building steps had already beeen taken to get it enlarged, a petition having been sent forward. Persons who had to attend as jurors, and had had to retire to what was known as Mr. Bennell's room to consider their verdict, would know that the prospect of being asphyxiated there was enough to make men violate their oaths to give full consideration to the evidence rather than run the risk. ' As to the library, the profession had spent £60 in getting books, for which it was found there was no room, and the Law Sooiety was voting fifteen guineas a year for the purchase of additional works. It was boped, therefore, that' tbe additional accommodation would be given. With regard to the jurisdiction of tbe court, he pointed out that it was created in 1858 ; that in 1860, 1870, and 1888 the jurisdiction had been extended, but it was still limited to £200 in ordinary matters, though in bankruptcy it was unlimited. It seemed absurd to have the limitation in one case when it was not deemed necessary to have it in the other case, because no more skill or knowledge was required in bankruptcy than in ordinary jurisdiction. He thought the jurisdiction might fairly be raised to £500. It was true that there was no such demand in the large cities, but there they had the Supreme Court to go to ; whereas, in this district, it only sat once in six months, and it then involved a trip to New Plymouth. In criminal matters the inconvenience was equally great, for if a man were committed for trial he might have to be incarcerated for nearly six months before he got his trial. There was now a case in Wanganui, where a man had been sent to gaol for four months to await his trial. The District Court was working well, and was served by very good judges ; and if its jurisdiction were increased, it would become infinitely more useful than it was in outlying districts where tbe Supreme Court was not available. Mr. Welsh had much pleasure in second* ing tbe motion. There was a strong movement on foot in big centres to wipe out the Distriot Court altogether, the object of people in those centres being to sweep into the Supreme Court the bnsraeas not only of the towns in which the courts sat, but the business of tbe country as well, in order that the practitioners in the Supreme Court might have fatter profits. The effect would be not only great inconvenience to suitors, but great delays, for unless additional judges were appointed they would not be able to get through the work. If tbe District Court were abolished in.Taraoak'i, and only balf,-.yearly-Bittings of : the Supreme .Court, ' held in New Plymouth, work-would so accumulate that tbe courts wqutd be blocked there as they were in England' at the present time, because there were not sufficient judges The. -movement of which 'he* GBfljp'lained should therefore be watched and checked. Adftihiaifation of justice Bbojulij"6e/fcood, cheap/ and expeditious, and "Be Maimed tba't""the District Court offered these advantages. It was a cheap cpurt, .too, and the fees paid all exptaiseis. "" ' \ Mr! Matthews thought tfrat tbeSupreme Court judge who visited Ne\y Plymouth .should. ,he ; required to hojci.,%. Bitting at HawsrEk on his, way' down Jo. the" Appeal Court. He had been advocating this for .years, and , that all the Supreme Court ' wosk could be very- well itone-here, and would cheapen the .-administration of law to the residentsof this part of tbe colony. He thought the District Court Bhould be abolished, and tbe power of the Resident Magistrate Court extended. ■: - Mt: Barton said tbig:'.wrar.not'efa'tifeiy & lawyer's question, although the lawyers so far had-, dona &^.}|hfi talking ; it was a (jueßtionJaffecting the district.and thepebple of the distriot. If cases were sent to New Plymouth (he lawyers would be paid their

fees; if local lawyers were sent to do Hawera business the expense would be greater than if the work were done in Hawera, and if outside lawyers did the work the cost would be no cheaper— tbe loss would fall on litigants or their witnesses. The District Court was ■ competent to deal with much of the work that now went to the Supreme Court, and if the work oouia be aone locally by the District Court cheaper than by the Supreme Court, why -should it. be sent a^-i y Jr t0 the « r ' : minal jurisdiction, while endorsing what had been eaid by other gentlemen as to the inconvenience of having to wait for aifctW o f the Supreme Court, he pointed out various anomalies arising out of the present system, ana contenaea that all case! except such as treason, moider, and serious offences of that kind inigbl very well be dealt with by the District Oo«? As to local sittings of tbe Supreme Court they might come in time, Jbut fortbe present an extension of tbe jurisdiction of the District Court would meet the ewe. Mr Daviaeon urged that if it would be ;k,sm soßreme °— « Mr Heslop thought the extension of the juriaaiotion of the District Court waa withm measurable aistance, and tbe other was not. He quite agreed that it was not a lawyer s question, for he bad no doubt they wouldlook after their fees. ri, fo n' f W 7, ScoM . 181 8a fo he was quite sure the County Council would assist in any way they could, and as be could see the necessity for this extension he would assist in any way in hia power. «•«*»»« tin? °fi° W ed t0 J ? opies of thß ""I*-

the Jnatioes of tbe Peace ana members of the bar m favor of an extension^ «» accommodation at the Courthouse be Mr. Finlay brought under the notice of the meeting theneed of more J.P.'sbetwVn & raand ? Ue £- HepomtedonVhat there were only three; two were very 3d oia and one was out of the way/TbS Meremere. Pokomoko, and makamark £3 ?2 bOD| *f re men of wtegrity.and baa the complete confidence of thefr J.W.Scott and G. Buckrell. They hadBTyfori!: 6^ llßoo^^^^ beNb^hHn^ 68161188^ **■■ The Mayor said it was not one of the rr e t?nt rt:Bedtobebr °? ght . be^ The meeting then adjourned after tbt customary compliment to the chairman.