The By-Law Bother

NZ Truth, Issue 936, 3 November 1923, Page 1

The By-Law Bother

At the Christchuroh Magistrate's Court. Fridays are always vet aside for the discussion of : by-law and defence cases and,* as time has advanced, the accumulation o% tftjs class of business has increased tdf an extent which might eventually r necessitate two Courts being occupied for the day. Heavy fines have been tried as a means of enforcing a wider recognition of the law and incidentally lessening the plentitude of prosecutions, but the number of offenders is . nevertheless increasing rapidly and the extent to which these relatively petty prosecutions encroach . . on xnore important work of the Magistrates, police and all concerned, is a matter which cannot be too seriously deprecated. It is only right and proper that the laws and bylaws involved should . be strictly enforced and; offenders adequately punished. But at tb.^ same -time, it might be reasonably stated ithat the roundabout methods which <ire now necessary m a l>y-law prosecution, defeat their own end. m that they cause more worry, trouble and expense to the prosecutor than they do to the offending: party. A method of dealing with by-law cases which has been attended with great success m certain parts of "Prance, and which might be equally applicable to by* law arid defence cases m New Zealand, is worthy of mention. There, the inspector simply takes the name or license number of the offender, who, per registered letter, is informed of the offence and the penalty which he has incurred. Oh him is placed the onus of proving his innocence and, on giving notice, he may defend the .case m Court. In most, instances, however, the line is forthcoming without the case being brought to the Court, the occasions when a defence is entered, being comparatively few. The idea is obviously on§ at which the New Zealand legal profession would look askance, but it is nevertheless one which, with certain modifications, might be considered as a most effective means of bringing local law-broakeru to their bearing*.