THE MAGISTRACY

Otago Daily Times, Issue 18468, 1 February 1922, Page 5

THE MAGISTRACY

QUESTION OP RETIREMENTS. MR MCCARTHY'S COMMENTS. (Pee United Press Association.) CHRISTCHURCH, January 31. A number of opinions unfavourable to the Statute by which magistrates are compulsorily retired from the bench on reaching the age of 65 years were expressed at a farewell ceremony to Mr S. E. McCarthy, S.M., tp-day. Mr J. J. Dougall. president of the Canterbury Law Society, said the law of the country decreed that a magistrate must retire when he attains the age of 65, no matter what his mental attainments or his capacity might be. There were many who doubted if that was a wise law. It did not obtain in England. Even in Now Zealand they knew of cases in the past where men had done groat work when over that age. A Lord Chief Justice of England was 79 years, a _ Master _of the Rolls was 72, and Mr Justice Darling, the best-known judge in the Empire, was 72. .These three men were daily .at work in London with'' - tile alertness of youth, and the maturity of experience that comes with age. Sir Edward Clark, the doyen of the English Bar, who was 81, was still in active practice. There were others in England who, although a great age. were still carrying on their work, showing that age was no bar to service.

Mr W. J. Hunter mentioned that the Chief! Justice. Sir Robert Shout, had reached the advanced age of 77. He still presided over the New Zealand University Senate, and continued to take his seat on the bench. He supported Mr Dougall’s contention that magistrates should not be compulsorily retired at 65. A man at that age should not have to make a fresh start in life.

Mr Y. G. Day, S.M., expressed his regret that men such as Mr M'Oarthy should be “scrapped” from the magisterial bench when full of life and vigour, with their mentality unimpaired. “There comes a time in any man’s life,” said Mr M'Oarthy, “when his efficiency begins to wane, and perhaps when we view the average duration of human efficiency, 65 may not be too early an age for people to 'retire.” Ho thought in choosing magistrates preference should be given to those practitioners who had had success in their profession, but if efficiency was wanted in magistrates proper salaries and pensions should be provided. There were several anomalies he wished to draw attention to. A senior magistrate in one of the four centres received a salary of £9OO a year, a second magistrate received £BSO, and others £BOO. It appeared to him that the work done by all magistrates was very much on a par, and that the salaries should bo mode equal. A magistrate was brought into dose contact with every class of the community, and it appeared to him that the present tenure of a magistrate’s office did not tend towards the dignity of the bench. That tenure was during the pleasure of the Government. which could give _ throe months’ notice of termination of their appointment. At Home judges were appointed during life and good behaviour, and retired at 72. The office of magistrate would not attain the dignity and efficiency which it warranted until the magistrates, equally with the judges, were appointed during life and good behaviour. He desired to make it clear that he had no further material interest in the matter, but he was merely stating these facts on behalf of the men who were still on the magisterial bench.