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The misfortune of course is that the average native
once he has embarked on litigation feels that his personal
dignity is at stake, and he is ready to spend absurdly
disproportionate amounts rather than suffer the "loss of
face" involved in defeat.
No doubt too his gambling instinct is tickled by the
reflexion that victory will saddle the costs upon the other
side.
The expense of proceedings seems to me a grave draw-
back to the usefulness of the Summary Court.
But there is another matter I venture to think no less
deserving of Your Excellency's consideration.
Summary Jurisdiction in this Colony, is not as in the
County Courts in England exercised by a distinct tribunal.
The Puiane Judge here takes Summary eeu work, but he
has also other duties.
Since October 1909 he assists in the Criminal work.
He is frequently called to the Full Court, either for
appeals or when the Chief Justice may desire his presence
and assistance in matters of first instance. Since my returw
from leave in May last I have been twice thus called in by
the Chief Justice.
The appeal work at times is very heavy. Thus in 1910,
while I was away on leave, a single case lasted over fift-
een full day sittings in Court. It must further have entail
-ed an enormous amount of labour on the Judges when they
came to consider the authorities and prepared their
decision.
On occasions of this sort, it is the small litigant w
who suffers. He finds the tribunal, summary in name, quite
unable to deal promptly with his claims. This is especially
unsatisfactory when as so often is the case here, there is
no real defence - or a flimay one which crumbles away when
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