The Ashburton Guardian. Magna est Veritas et Prævalebit SATURDAY, OCTOBER 12, 1889. THE LATEST BLUNDER.

Ashburton Guardian, Volume VII, Issue 2251, 12 October 1889, Page 2

The Ashburton Guardian. Magna est Veritas et Prævalebit SATURDAY, OCTOBER 12, 1889. THE LATEST BLUNDER.

The facility for blundering which is exhibited by the present Government is something phenomena^ and it is well that the Premier is being afforded the opportunity of revising the list of his colleagues. The latest of the blunders which has been perpetrated — let us hope the laßt too for some time to come — is that of failing to gazette Acting Judge Ward, Mr Justice Pennist>n and Mr Justice Conolly as Judges m Bankruptcy. Judge Conolly discovered the omission m time, but Judges Ward and Denniston havo, it appears, transacted a quantity of bankruptcy business without any authority whatever. Of course it has been very carefully telegraphed upon the discovery of the blunder that the Government do not anticipate that any serious consequences will ensue, but it would appear that they havo no warrant for assuming bo much. The fact is that very awkward complications may and probably will arise, the position being very clearly put by the •« Wellington Evening Post " which says :— " A Judge is not protected when he exceeds his jurisdiction ; and of course all acts done by him m excess of jurisdiction are absolutely null and void. It would appear, there fore, that the scoros of insolvents to whom Judges Ward and Denniston have given discharges are legally m the position of uncertificated bankrupts. If any have been condemned to imprisonment, as we believe has been the case m some instances, for offences against the Bankruptcy Act, they have suffered illegally, and can sue the Judge who sent them to gaol for false imprisonment. More than this, the Official Assignees who have seized and realised property under the Judges' orders may be held liable m damages for having done bo, and it is even doubtful whether creditors who have thought themselves fortunate m getting dividends cannot be made to refund, if any creditor chooses to ignore the bankruptcy, and claim the money as the property of the debtor. The position is truly a most serious one for all parties concerned, and nothing less than an Act of Parliament can put matters right, by validating all that has been done ia error. .Parliament, however, will not meet for another seven or eight months, and m the meantime actions may be commenced against the Judges, Assignees, and others, and may even be heard and decided before Parliament can intervene m ordinary course. If any such proceedings are threatened or taken, the Gorerament would, we think, not only be justified m summoning a special session !of Parliament to pass an Act of Indemnity, but should certainly do so, (or there can be no question that Judges Ward and Denniston, as well as those under their orders, acted m a perfectly bona fide manner. The chief blame for this extraordinary bangle of course rests with the permanent officers of the Government Department charged with the duty of attending to routine matters connected with the administration of justice." ____________