LAW AND POLICE.

New Zealand Herald, Volume XII, Issue 4375, 20 November 1875, Page 6

LAW AND POLICE.

RESIDENT MAGISTRATE'S COURT. Friday. [Before K. C. Barstow, Esq., R.M.] The ordinary sitting of this Court for determining small debt claims, &c, was held to-day, and the following business disposed of:— Undefended Causes. —(Judgments for plaintiffs) : H. B. Morton v. W. N. Clarke, 9s Sd (balance); James Grant v. Hugh Reid, £4 ISs (ordered to be paid at 10s a-week, in default defendant to be imprisoned for thirty days); the Crown Prince G-.M.C. v. James Sievewright, £2 8s Sd (calls) ; Robert Giles v. Thomas Kirk, £2 Is lid (ordered to pay at 3s a-week) ; Edward Boucher v. Edward Laurence, £6 10s; John Mullally v. Abel Fletcher, £4 Is 2d (ordered to pay at 10s a-week). There were no defended causes. Practice of the Court.—Mr. J. B. Russell said there was a matter of practice he wished to bring before the notice of the Court, which he considered to be of considerable importance, not only to legal practitioners, but to the public at'large, and especially to the magistrate presiding in the Court. • The jurisdiction of Resident Magistrates' Courts had been extended to a sum of £50, so that it was to be expected cases of more or less complication would arise, and the contention between parties would probably be proportional to the sum claimed. He thought it very desirable that some rule should be laid down, by which not only the period between the issue of the summons and the hearing should be regulated, but that defendants should be made, within reasonable time of the hearing, to state what defence they had to the action. It involved great trouble and delay to plaintiffs, and their solicitor or counsel, - to bring witnesses together, often 'to keep them together, after ascertaining what evidence they were in a position to offer, and then, : upon coming to Court, find that there was no appearance, or that the defendant had confessed : judgment. It would bo a great convenience j to the profession if some rule were laid down for the guidance of the profession, as well upon this as on other matters. Mr. Armstrong and Mr. Laishley spoke to the Bame effect. His Worship said that he had often been placed in a position of difficulty owing to the absence of any rule such as had been referred to. His duties had previously been very much scattered, and he never knew anything about a case or the defence of it before it was brought before him. He thought tho subject worthy of attention, and would take some time to consider what should be done in respect of the suggestion. Mr. J. B. Russell hoped that absent members of the profession who might have an adverse opinion would be made acquainted with the proposal now submitted to the Court, and that they would give the Courtthe value of their experience upon the subject. This concluded the business.