Wanganui Chronicle AND PATEA-RANGITIKEI ADVERTISER. "NULLA DIES SINE LINEA." SATURDAY JULY 22, 1803.
'£nr. "Magistrates' Courts Bill" of the Attorney-General, it it comes into law, will make a groat alteration in the nature of the business in our R.M. Courts. Its main object is to extend the jurisdiction of Magistrates' Courts, but, in addition, it consolidates the existing law relating to these courts). The jurisdiction oi Magistrates is extended to £200, but the most important proposals are those by which it ig sought to enable actions to be taken in the lt.M. Courts for the recovery of compensation in cases of false imprisonment, illegal arrest, malicious prosecution, libel, slander, seduction and breach of promise of marriage. Proceedings in the foregoing cases, can only be taken when the sum claimed as compensation does not exceed .€2OO, but if the parties consent in writing oases may be heard whatever may bo the amount or value of the subject-matter, so long as it does not not exceed £500. In addition to these general extensions, Magistrates Courts may also be given a special jurisdiction.Jembracing partnership accounts up to £200, the recovery of undisputed bequests to a similar amount, and the granting of dissolution of injunctions in matters within its jurisdiction. It may also include the exercise pf'tho powers of a Judge of the Supreme Court for the arrest oE porI sons about to quit the colony. The powers of Justices of the Peace arc, of course, much less than those it is proposed to give to liesident Magistrates. They may hear cases of breach of contract, or tort, when the amount claimed does not exceed C2O, but they are specially debarred from hearing actions for false imprisonment, illegal arrest, and others mentioned above'as being brought under the Magistrates' jurisdiction. Justices also have jurisdiction in actions for debt, for the enforcement of claims on movable property, and in interpleader cases generally, provided that in no case, whatever it may be, shall the value in dispute exced £20. These are the main provisions — so far as tho public are concerned — of the " Magistrates' Courts Bill," and we must admit we can see nothing in them to which reasonable objection can bu made.
The remarks lately made by Judge Barton, of the Native Land Court, from which wo quota in another column, go a long way towards justifying some radical alteration in the Native Land Laws. Judge Barton's expose of the manner in which it is sought to influence Native Land Court decisions is worthy of tho closest attentiqu of members of Parliament when tho Bill is under consideration. There is here strong reason lor the improvement of the status of Native Land Court Judges and District Judges. Whilst the judges of any court are exposed to the influence of people in powerful positions the confideaoe of the public must be abused. Te be harassed, as Judge Barton appears to have been, by the obstruction of his orders delivered from the bench, and by actions at law taken against him by unsuccessful litigants, is sufficient to drivo any ordinary man from the bench of a Native Land, ov Validation Court. Judge Barton, however, sticks to his guns, and adds much to the value of Ms services to the country by his fearless and outspoken attacks upon the jobbery by which the Validation Court is surrounded. It is to be hoped that the Government's new Bill will propose somo acceptable remedy, and wipe ' away the ' difficulties of which Judge Barton very justly complains. i
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Bibliographic details
Wanganui Chronicle, Volume XXXVII, Issue 11848, 22 July 1893, Page 2
Word Count
586Wanganui Chronicle AND PATEA-RANGITIKEI ADVERTISER. "NULLA DIES SINE LINEA." SATURDAY JULY 22, 1803. Wanganui Chronicle, Volume XXXVII, Issue 11848, 22 July 1893, Page 2
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