(Sliest (tot iimes, WEDNESDAY, DECEMBER 4, 1867.

West Coast Times, Issue 685, 4 December 1867, Page 2

West Coast Times. WEDNESDAY, DECEMBER 4, 1867.

The Resident Magistrate's Act, 18G7, is, in more senses than one, a companion measure to the Bankruptcy Act, of which we have already given a resume. It consists of not quite so many clauses, the number being limited to 144 ; but to make up for this deficiency it has appended to it sixteen closely-printed pages of schedules. The Act is to come into operation on the Ist day of January proximo, with the exception of such sections or portions of sections as empower the Governor to constitute Resident Magistrates' Districts, and to appoint Resident Magistrate's Clerks and Bailiffs, and to appoint times and places for the sittings of Courts — which parts of the Act came iuto operation at the date of its passing, viz , the 10th October, 1867. All previous Acts, constituting and empowering Resident Magistrates' Courts, including the latest passed, viz , the " Criminal Jurisdiction Extension and Amendment Act, 1865," are repealed, and certain Imperial Acts or portions of them hitherto enforced, are declared to be no longer operative within the colony of New Zealand. These latter refer to the payment of rents, tho prevention of frauds by tenants, and the recovery of the possession of tenements. Two Courts are recognised by the new Act, \'vA., the Resident Magistrate's Court, and the Court of Petty Sessions, as constituted by the Petty Sessions' Act of 1865. All Resident Magistrates, Clerks, Bailiffs, &c, holding office at the date of tho Act coming into operation, are to continue to hold such office, and be deemed to be appointed under the Act. Every Resident Magistrate -will be appointed by the 'governor, and hold office during the Governor's pleasure. Resident Magistrate's districts, within which

courts shall be held, may be constituted, aud their boundaries at any time altered, by proclamation by the Governor, who may. also appoint* any Justice of the Peace to act as substitute for the Resident Magistrate, in case of his absence, inability, or suspension. The Resident Magistrate sitting alone, is to have all such powers as may be ordinary exercised by two Justice of the Peace, and when sitting with Justices of the Peace, to have an original and a casting vote. The ordinary jurisdiction of the Resident Magistrate in civil cases, is limited to L2O, but it may be extended to LSO or LI OO at the Governor's discretion — and in the event of such extension, the Governor is to determine what Magistrate or Magistrates shall exercise the enlarged jurisdiction, in districts when more than one has been appointed. In every Magistrate's Court District there -shall bo a clerk of the Court appointed by the Governor, and holi ting office during his pleasure, who may, however, be temporarily suspended by the Magistrate from the exercise of his office. The Clerk is to have charge of all fees aud fines, and all moneys paid into Court under executions or otherwise. B.viliffs are to be appointed [by the Resident Magistrate and hold office during his pleasure. The Bailiff is to be sworn in, and have the powers of a constable, and to attend the sittings of the Court ; to serve all summonses and orders, and execute all warrants ; and to be entitled to receive certain specified fees, and hand them over to the clerk to be accounted for by him. Two Justices of the Peace may at any time sit in the place of a Resident Magistrate, and if from any cause a Court cannot be held on the day appointed, the clork may adjourn the sitting to such day as he may deem convenient. A Resident Magistrate may sue or be sued in his own Court, but may take no part in the hearing, which shall be conducted in the manner provided for adjudicating causes when the Resident Magistrate of the District docs not attend his Court.

As we have said, the ordinary jurisdiction of tho Court is limited to issues involving compensation or claims not exceeding L2O, viz., (1). Where the plaintiff claims compensation for a wrong or pa) ment of a debt, &c. (2). Where the plaintiff seeks to enforce a claim upon some specific moveable property, and to be put in possess : on thereof. But by clause 20 power is given to any Court to hear aud determine any ease in which the amount claimed, or the value of the specific moveable property sought to be recovered, exceeds L2O, provided that the parties to the suit sign a memorandum of agreement to that effect according to a form scheduled. Clauses 21 and 22 empower the Governor, by proclamation, to extend the jurisdiction of a Magistrate's Court to LSO or LlOO.and to abolish the extended jurisdiction at pleasure. No plaintiff can divide his cause oT auction so as to bring it within jurisdiction ; but any person may abandon an excess of claim — in which case the judgment of the Court shall be a full discharge to the defendant, provided that such abandonment be stated in the particulars annexed to the summons. Minors may prosecute a suit for wages, or piece-work, or work done as a servant. No solicitor or other person is exempted from the jurisdiction of the Court by reason of privilege. Executors may sue or be sued. "\V here persons are jointly liable, any one of them may be sued separately, but in case of judgment going against him and being satisfied by him, he shall have a right of action for contribution against the persons joiutly liable with hini. If a plaintiff suing in the Supreme Court, recover no larger amount than he might have recovered in a Resident Magistrate's Court, he shall be entitled to no costs, unless the Judge specially certifies that the case is a proper one to have been so tried.

Process may be served by the Bailiff or his assistants, or by any other person the Magistrate or Justice may think fit to direct. Parties sued may appear personally, or by a Barrister or Solicitor. The Court may, however, under special circumstances* allow a party to ap pear by an agent authorised in writing, not being a Barrister, or Solicitor. But in such case the agent shall not be entitled to receive any fee or rewaid.

Summonses may be signed by the Resident Magistrate, by a Justice of the Peace, or by the Clerk of the Court. The Resident Magistrate may change the venue of any cause to a Magis- | trate's Court, or Court of Petty Sessions, in another district, provided the Court is satisfied by either party that the cause may be thus tried more conveniently or fairly. Debts may be confessed either in whole or in part on any plaint entered, whether there has been service of summons or not; but the confession muet be signed in the presence of a Solicitor, or of the Resident Magistrate, or of a Justice of the Peace, or of the Clerk of the Court— or the signature to the confession may be " proved by affidavit or otherwise." An agreement may be made between plaintiff aud defendant in a suit, fixing by consent the amount of judgment to be recorded, and the conditions of payment. Distress warrant may issue in civil eases. In case of illness of defendant the operation of judgment order, or execution may be suspended by direction of the Court When an order is made for the payment of a judgment debt by instalments, failure in the payment of any instilment, exposes the defendant to immediate execution for the whole amount remaining unpaid. Writs and warrants against goods, issuing from the Supreme, a District Court, or a Resident Magistrate's Court, are to have "priority of execution, according to the time of the delivery of the writ to the officer, which is to be precisely marked on the back of it. All property may be s sized under a warrant of distress, " except the wearing apparel and bedding of the defendant and his family, •mcl the tools and implements of his trade to fie valae of L 5, which shall bo to that extent exempted from such

seizure.'' The bailiff may sell without holding an auctioneer's license ; but no sale of goods seized can be made until " after the end of five days next following the day on which such goods shall have been taken." At this point the Act proceeds to dial with the interests of landlords, and their power of enforcing payment of rent, and obtaining repossession of their tenements. "We pause at this stage. One provision of the Act harmonises with the clause we referred to yesterday, in our review of the Bankruptcy Act. It refers to imprisonment for debt. Clause 311 of the Bankruptcy Act provides that any creditor detaining a debtor in prison shall pay 12s per week for his maintenance, and that on the failure of this payment for two successive weeks, the debtor shall be entitled to his discharge — which, although not releasing him from his liability for the debt, secures him effectually against any second arrest for it. The 74th clause of the Resident Magistrates' Act, provides that no person shall be imprisoned on account of any judgment debt of less than ten pounds in amount.

Do the people know the laws ? They can scarcely be presumed to do so, when Magistrates and learned Bavisters betray their ignorance of them in open Court. We feel it our duty, under the circumstances, to give a popular version of the legislation of the General Assembly during the last session, for the information both of lawyers and laymen. A recent conviction and the infliction of a heavy penalty consequent upon it, establishes the fact that a man ought to know the law, and is presumed to know it. But a still more recent case shows that neither Bench nor Bar can be assumed to know it, as a matter of course. We may add that tho Acts passed by the General Assembly drying its last session have been very carelessly lent forth to the world. The retention of the word seven instead of nine in the clause in the Westland Act, declaring the numbers of the new County Council, has already been commented on. In the same Act, it will be remembered, that Clause 11 was amended, on the motion of Mr Moorhouse, to the effect that the permanent debt of Canterbury should bo " apportioned between the said Province and the said County according to the proportion in which the said province, and the said county respectively, shall from time to time contribute to the Customs Revenue of the colony." Yet in the printel-copy of the Act, published by authority, the original marginal reading to this clause is still allowed to remain. — " Debt of Canterbury to be apportioned by arbitration." In the new Resident Magistrates' Act, again, the marginal note to clause 17, tells us : — " No Resident Magistrate to sue, or be sued in any Court within his /district," whereas the 17th clause itself ,says : — "A Resident Magistrate may sue or be sued in the Resident Magistrate's Court, held in the district for which he is Resident Magistrate ; but in such -case he shall take no part in the hearing" of, or iii"acljifdicatiug on the matter."

' Surely these errors of omission, and commission, ought to be provided against by the wisdom of the Parliament of New Zealand. We do not wish to print a whole Comedy of Errors, or a score or two of other illustrative instances might be cited.

In tho enumeration of misdemeanors under the new Bankruptcy Act, in our leading article yesterday, several words were accidentally omitted by the printer. We quote tho latter part of the first paragraph of leader, inserting the omitted words in italics. "9. Obtaining property within three months before adjudication, with intent to defraud, under pretence of cavi/ing on business and denying in tho ordinary course of trade. 10. Pledging or disposing of otherwise than in the ordinary course of irade within throe months before filing petition for adjudication, any property obtained on credit and not paid for."

The Inspector of Weights and Measures has received a set of standard weights, and the necossary scales, for testing those used by baukor3 and others in buying. Gold-buyers will therefore be vequ ; i«ecl, in a few days, to scud their scales aud weights to tho Inspector's office to be examined, aud stamped if found correct. Wo presume that duo notice will be given of the time when the Inspector will be ready to examine troy weights.

The weather, which on Monday was gloriously fine, changed during the night, and yesterday was a most unpleasantly wet day. What the weather to-day may be it is impossible to prpdict, as it has been exceedingly changeable of late.

The City Theatre in Weld street was sold by auction yesterday, by Mr W. G. Binney, by order of the sequestrator in the insolvent estate of Mr J. Keir, for L 450. The purchaser was Mr Matthew Finlay.

After a long period of unprofitable labor and hope deferred, the Victorian Co-operative Company (Kaniei'i) are at last in the receipt of payable returns, and, what is better, with almost a certainty of maintaining them for many months to come. The. undertaking has been prosecuted in the face of no ordinary difficulties, and that tho enterprise of its promoters aud tho perseverance of those who have so resolutely carried it out is likely to meet with substantial reward which must be, wo are assured, not only gratifying to themselves, but also to the many others who aro engaged on this coast in speculations of a similar character. In our issue of Monday, we stated that tho Company had obtained excellent prospects out of the face of the paddock, and, laboring under a misconception, we also added that only a block of solid in tho midst of the old ground had been struck. This was a mistake, as our reporter, who visited tho claim yesterday, snys that a face of washdirt from two to threo feet thick, extends from side to sido of tho paddock, forming tho -floor of the old drives, those parties who originally worked the ground having either unwittingly opened out upon too high a level, or else were prevented from going deeper by excess of water. Certain it is that they left untouched a great; deal of excellent ground which is now being taken up by tho Company. Last week's yield amounted to fifty-ono ounces, and if this week ends aa it

began twice that quantity will be obtained. Work is proceeding right merrily undor the able management of Mr Watts, who has reduced the claim to splendii order, and tho expensos ,of working it to a minimum. That arch enemy water has been brought into thorough subjugation, in fact there is not sufficient to keep the engines going, as the powerful centrifugal pump sucks about every five minutes, and unless heavy floods occur there is not much probability of another " swamp out." The engines work splendidly, but still are a source of great expense to the Compauy, and it is therefore definitely determined to supersede stca.m by water power as soon as practicable. The survey of the head race, we have alluded to in former issues, is proceeding, and when completed men will be told off from both Companies to commence the ditch. The Great Western Company have commenced a paddock, and are busily engaged upon poppet heads and other necessary appliances that constitute winding gear.

The offices of the Public Works Department were yesterday removed from the old building, near the Municipal Council Chambers, to the recently-erected buildings near Government House. The old offices are now occupied by tho Inspector of Weights and Measures.

The Prince of Wales Opera House will be opened on Saturday, instead of Thursday, as previously announced. We understand that, in addition to his present large company, Mr Bartlett has engaged the services of the celebrated Nathan Troupe.

Nothing definite is yet knov. l concerning tho new ground that was,, rumored last week to have been discovered up the Kanieri river. The report, however, is entertaiued as truthful, as a great many diggers havo started from tho Five-m ; le and Hau Hau in search of the place. There is no doubt that two or threo parties have boon for somo time working on the quiet iv that direction, and the little that is known concerning the 1 " domgs wai/ants the belief that the discovery of the-"- whereabouts w ;i l be commencement of an important rush.

There was no criminal business beforo tho Resident Magistrate's Oouvt yesterday. His Worship disposed of a tolerably long list of unimportant civil case 3 for suia I .' debts, whicl* with one^or two exceptions, were undefended.

Under the system of work afc prosont adopted, the old Kanieri terrace is practically inexhaustible, aa, worl"'ig : uto the terrace, the sluiccrs are rapidly running the " fall " out, leaving untouched benoath their feet a bed of auriferous gravel many yards thick. It has been tested by shafts in several places to the depth of twenty feet with invariable resv'ts, good payable sluicing prospects being obtained. Many diggers incline to tlie opinion that it is intersected by auriferous stratums to the bed rock. Months will elapse ere the few feet of its surface at present in hand are worked out, and then what will be done to get at the lower layers is a question that naturally presonts itself. We suggest that tho sluicers co-operate to construct a tail flume from the river, commencing at low-water mark, the flume of course to be laid down with just sufficient gradient to carry off the tailings freoly. If properly built, with quicksilver troughs, &c.,ifc wou'd soon return its original cost, and yield a handsomo return over and above it after maintenance, for even the sluicer3 admit that a large per centago of t\& finer particles of gold is unavoidably wasted, and can alone be saved by the aid of mercury excited by that subtle metal called sodium. The size of the tail flumo must be proportionate to the number of claims that work into it, as its effectiveness altogether depends upon the facility with which it carries sludge and takings away. The utility of tail flumes was early recognised in California, and fabulous sums made out of them. We are assured that as a speculation in itself, a Kanieri torrace tail flumo would pay well, besides rendering available many hundred thousand loads of golden drift, that can be profitably worked by no other method.

The township of Sofala was agreeably excited a few days ago (says the "Bathr-Bt Times") at tho news that a new cHscovoi/ of gold had been made at Pennyweight Flat. The facts — as near as we have been able to ascertain thorn — appear to be, that, tl"-ee shareholders of the Box Ridgo Quartz Reef Company were prospecting for a reef on Pennyweight Flat, and after having sunk to a depth of five or six feet, they came upon a pocket of gold. Tho value of a week's work in their now claim is variously reported. It has beon stated that they netted as much as L 150 0; but, be that as it may, the new fWd is no doubt a very rich one. A rush very soon set in and all the available ground was at once taken up, the lucky prospectors having leased threo acres.