Inangahua Times. PUBLISHED TRI-WEEKLY. FRIDAY, OCTOBER 20, 1882.

Inangahua Times, Volume VII, Issue 1185, 20 October 1882, Page 2

Inangahua Times. PUBLISHED TRI- WEEKLY. FRIDAY, OCTOBER 20, 1882.

Tiie new " Justices of the Peace Act " passed last session, and now in operation, is one of the most elaborate measures that was carried through. It consolidates all previous Acts in any J way bearing on the jurisdiction of magistrates, and confers many largely increased powei's, which were vehemently opposed by a section of the members, the legal profession particularly. It is impossible to give oven a brief abstract of its provisions in a single article, but we can refer to some points contained in it. With reference to the appointment of justices no change is made. A number of clauses specify under what circumstances magistrates may call on people to give sureties to keep the peace. The second part has reference to the power of magistrates in case of riots, giving them power to appoint and pay special constables, and making other provisions in respoct to them. The next part deals with summary jurisdiction, convictions, and orders. In this there is a change. All informations, laid for alleged offences, where justices have summary jurisdiction, must be in writing, but need not be upon oath, and one justice may issue a summons or warrant. The following clauses provide for the mode of hearing, but contain nothing new beyond the fact, that any person present in Court, when an information is being heard may be compelled to give evidence whether summoned or not. With respect to costs, of copy of the order for costs may be served on absent parties, and in the event of non-payment, the defaulter may be committed to gaol. 7he schedule of term is as follows:— If not exceeding 10s, seven days ; exceeding £1 but not exceeding £5, one month ; exceeding £5 but not exceeding L2O, two months ; exceeding L2O, three months. This imprisonment may be with or without hard labor, at the discretion of the sitting justices. The third part has reference to indictable offences. All charges may be taken before one justice, as far as the preliminary proceedings go. With reference I to witnesses, power is given to magistrate's to issue a warrant of arrest, if I there is reason to believe that the | person wanted would get out of the way to avoid attending a summons. Should any witnesses decline to give evidence, a magistrate may adjourn the case for eight days, and in the meantime commit any one so refusing to gaol. If, at the expiration of the eight days, the witness still refuse to give evidence, the Court may be adjourned from time to time, the recusant being in gaol till he does give evidence. A large number of indictable offences are bailable, but treason is excopted. A very great injustice of the past is remedied in clause 160, which provides that in certain cases, witnesses at the Magistrate's Court, in the prosecution of offenders, may be allowed expenses. The jurisdiction of justices is largely increased. They are authorised to deal summarily with any offences whatever committed by children under twelve years of age, with the single exception of homicide. In such cases however, they have no power to sentence any offender to penal servitude, but to imprisonment only, and this is not to exceed a month, or any money fine to be above forty shillings. In the case of boys however, power is given to order a whipping with a birch rod. A parent can object to the summary disposition of the case by the justices. Young persons, between 12 and 16 years of age, and adults, can elect if they please, to be dealt with by magistrates. In any summary jurisdiction, where larceny, embezzlement and other ofiences are dealt with, there must be two magistrate's to adjudicate. Notices are prohibited from dealing \yith any assault cases, involving in any way a question of title to property. Power to deal with any other cases of assault is given, and part of any fines inflicted may be awarded to the com- [ plainant. In some cases warrants may be issued on Sundays. In cases of distress warrants being issued, the '' bailiff or constable may sell by auction ] without a license, and may deduct from ' the proceeds all reasonable costs and i charges. ! eclarations may be accepted i in lieu of oaths, but, in the event of 1 any one making a falso declaration he < may be proceeded against for rnisde- I meanour. -ppeals are permitted on \ points of law only, by way of case stated, and no appeal will be allowed on the ground of improper admission or £ rejection of evidence. Parties giving notice of appeal and not prosecuting it, are made liable for costs, Th& fourth \ part provides for the protection of c justices in any acts they have coin,

! mitted, and no action can lie against ! them for exercising their discretionary j powers. The new Act takes the place , of twelve others, viz. The Imperial Act ! for amending the laws relating to special 1 constables ; the Justices of the Peace Act 1807, and two Amendment Acts of 1869, and 1874; the Appeals from Justices Act, 1867 ; the Justices Protection Act, 1866, and Amendment Act, 1871 ; the Government Summary Prosecutions Act, 1876; part of the Indictable Offences Trials Act, 1866, and part of the Law Amendment Act, 1868, and the Evidence further Amendment . A ct, 1875. As a whole it will doubtlessly work well, and will in a host of cases, greatly simplify the administration of justice.