LAW PROCEEDINGS.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 69, 28 November 1844, Page 3

LAW PROCEEDINGS.

On Wednesday. 20th instant, His Honour the Chief Justice attended at the Supreme Court —it being appearance day—and disposed of the several matters which werebrought under bis notice. Mr. Bartley having, during His Honour's absence at the Bay, o.f Island?, experienced the dullness of Law business, and that fees to Barristers were now like Angels visits— ** few and far between," suggested that His Honour might, in some cases, permit the fees to be encreased, as superior workmen'm all professions weie paid according to their skill or talentHis Honour remarked that he had invited the suggestions of the profession on all points connected with the rules of the Court, but as complaints had been made that heavy ..Law charges prevented many persons from obtaining justice, the matter bad becu discussed in the Executive Council as to the expediency of permitting persons to sue in forma pauperis, His Honour therefore thought that, in these unsettled times, it- might be doubtful bow far it would be beneficial to the public to increase the present scale, but consoled the learned gentle* man with the kind expression of a hope that times would get better, and that, aftho' almost every description of property in New Zealand had be« come lessened in price, His Honour tiusted that legal knowledge would not suffer any depreciation in value. Mr. B. accordiugly bowed and retired with an expression of grief strongly indicated on his intellis gent eountenance. We, however, beg to assure His Honour that at present it is impossible to depreciate the value of legal knowledge in New Zealand. D'OYLEY v. PORTER. Action for recovery of costs. Mr. D'Oyley for Plaintiff, Mr, Merriman tor Defendant. Defendants Attorney stated ithat Mr. Porter had originally intended to appear in person, but during the afternoon of the previous day had placed the papers in bis bands, and that, in consequence of the short time he "had to consider "the case, the learned gentleman was not prepared with the necessary pleas ; he therefore moved that the time to plead might be enlarged until next appearance day. The Plaintiffs Attorney objected and suggested that Defendant ought to have been ready; as he had had time enough to prepare himself, but, upon Mr. D'Oyley consenting, His Honour postponed the matter until the 28th instant. QUEEN v CHISHOLM. Nuisance, Mr. A. Chisholm appeared, supported by Mr. Merriman. His Honour intimated to the defendant that the Grand Jury bad presenteda BiH of Indictment, charging (him with having caused a nuisance in O'Connell Street, in Auckland, and he was required to plead " Guilty" or "Not Guilty." Mi. Chisholm.—l'm no guilty Sir. It's my ain street the ground is my ain, and I paid twa hunner punds for the place and slaghter boose. It's nae noosince to me. It's verra healthy, Sir. -Ye see Sir that I'm no in ill health. His Honour smiled, and remarked that be certainly did not seem unwell. The Registrar also observed that Chisholm appeared pretty plump. Mr. Chisholm.—A slaughter hoose is a verra healthy place. Sick folk are monie a time ta'en there to be cured. (Killed ?) I canua say I am guilty. The place is only whiles in wet weather a wee dirty. It's my ain place, and the Grand Jury hao naething to do wi'it, the Grand Jury dinna like me, its a' through ill vyull. His Honour.—These are matters of defence for a Jury, but at present my duty is simply to'require you to plead " Guilty," or V Not Guilty." Mr. Chisholm.—lt was only a wee dirty whiles, but I'll keep it clean, Sir—that's a' I can say. It appearing impossible to bring him to the point, His Honour directed Chisholm to retire and consuit his Solicitor, and ordered the next case to be called, which was— COOLAHAN r CHISHOLM. Mr. Conry appeared for the Plaintiff and stated that the Action was brought for the purpose of recovering 3/. 155., for goods sold and delivered, and 50Z. for breach of contract, (contract pro* duced). Mr. Merriman appeared for defendant and stated that a tender had made of the 3L 15s. and deuied the breach of contract. His Honour requested Mr. Conry to refer to the contract and state the breach. Mr. Conry accordingly perused the document and, after some time, discovered that the defendant bad not handed over within 24 hours to Plaintiff certain monies in aeoordaoce with the the terms of the contract, SPICER v WILSON. The parties being called did not appear. Mr. Chisholm was again called in and required to plead, but he went over the old story about bis ain groond, and stated that it was a private street and not the Queen's property; and that he did not ken what was meant by a noosince. Registrar accordingly read over the TndictHis Honour required Chisholm to plead according to his conscience. Mr. Chisholm.—Oh ay, I canna according to ma conscience, say that I'm guilty of a" the things mentioned in that paper, a' I can say is that it was whiles" a wee dirty, but I'll heepjit clean, Sirs After this, the defendant made his way rather hastily towards the doer and got out. The intimation from the Registrar to tbe Messenger, of "Bring him back,"£ soon caused Adam/to make bis third appearance, but his conscience would not, for a long period, allow him to ..say "guilty to the whole charge, and bis purse trembled at tbe probable consequences of a plea of not guilty. His Houour, however, with thej most exemplary patience, allowed Chisholm to exhaust himself in

explanations; but heat last consented to a plea of guilty being recorded, and left the Court muttering maledictions against Grand Juries, The next case which was considered by His Honour, was an application from a person who stated that he was wronglully imprisoned, and therefore, prayed to be delivered out of custody. It appeared tnat the party in question had bet-u incarcerated since June last, and had only then applied for his discbarge. The visible * muscles of His Honour's countenauce became sligltly afected, no doubt at the idea of a man remaining patiently in prison so loug, and then, during these bard times; when Lawyers could scarcely exist, wishing to leave good quarters. His Honour, however, decided that the application could not be complied with.