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Magistrate cannot hear matters on PN’s and BoE’s?
Hi all,
Mark has talked before about how only Judges and Justices (not Magistrates) can hear matters on Bills of Exchange and Promossory Notes. (A jurisdictional thing I think).
Is anyone able to explain why this is? And what are the implications for this if you discharge a debt with BoE and it ends up being heard before a Magistrate?
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3 Replies
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You ask for a private meeting so you can settle before it goes to court and if they refuse the judge will not be pleased and will probably order them to do so…. Here are some maxims…
Pacta Sunt Servanda –
Agreements must be kept. Or Agreements are legally binding.
Actus curiæ neminem gravabit, nobody should be
allowed to suffer for the fault of the court meaning thatthe act of the Court shall prejudice no one, becomes applicable when a situation is protected because the Court is under an obligation to undo the wrong done to a party by the Court’s own act.
Consensus facit legem. Consensus makes the law.
(Stipulates that when two or more persons arrive at a good faith
agreement, the law will insist on that agreement being carried out.)
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This is the Biblical verse that supports private meeting before court …
Matthew 5:25 New International Version (NIV) “Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison.
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Gotchya. Thank you!