JUSTICE ?

Western Star, Issue 1383, 24 August 1889, Page 2

JUSTICE ?

TO THE EDITOR.

Sik, —In perusing tho itoms under the heading of Resident Magistrate's Court held at Riverton latoly I notice that on several occasion? fees have been awarded (handsome ones too) to tho lawyer appearing for the plaintiff or plaintiffs in undefended cases for debt, and in more than one case the lawyer has been awarded the full fees when the amount has been under £5. It it a well known fact that our worthy R.M. has on different occasions stated ho would Dot do such things, and it is also a fact that most of tho R.M's strictly carry out the rule of not awarding fees to the professional gentlemen in cases where tho amount is under £5, and if any, very small ones, when cases for debt are undefended without something unusual warrants an exception to the rule. In the i cases referred to nothing unusual occuied in connection with them. I have been doing my utmost to And a logical answer to account for the Magistrate's decision. I feel compolled to giro it up, and am writing you these few lines trusting that vou can throw some light upon tho subject for me.—l am, &c, Fair Play. correspondent must ask us something a little easier. We believe the Magistrate has discretionary powers in the matter of allowing costs ; 'at the same time we have heard it laid down times out of number that in undofended cases and in actions for trivial amounts that no counsel's fee would bo awarded by the court; that the solicitor engaged must look to his own client for remuneration. This, it appears to lis, should bo an inviolable rulo and not a discretionary rnattor at all.—Ed. W.S.]