The Akaroa Mail. TUESDAY, JULY 13.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 416, 16 July 1880, Page 2

The Akaroa Mail. TUESDAY, JULY 13.

Government by commission seems still to be regarded by our rulers as a panacea for all our national ills, and as the most convenient manner in which inconvenient questions and grievances that disagreeable common law fellows will persist in airing can,be staved off for an indefinite period. In -our smaller local bodies a stereotyped answer td demands for redress of sonic grievance has been to promise " the Clerk should visit and report." The corresponding step on the part of the higher powers appears to be to appoint a Royal Commission. All disagreeable cptcstioning is thereby postponed till " a more convenient season," the Government is spared the trouble of taking any steps which might render them unpopular, the Commissioners are gratified with the honor done them, and the public, or the trustful portion of them, are ready to give the Government credit for meaning really to effect some much-needed reform. So everybody is gratified, and, if proper precautions arc taken, no harm is done to any person or thing, and the abuse, however, flagrant, on which the Commission sits, is secured a further lease oi" life. But one instruction needs to be given to the Commissioners appointed as above, and that is what is attributed to a celebrated French diplomatist—Surtout, Messieurs, point de ze'ie. Tu\< mv t b un luitoou ii> \ uLun L.i\\ <. > lilt ] 1 t>j " JU tliC uOUII •» i< ) 1] [ ( lilt in \ them 01l wo iil v uu< tl 1 in nmj n v tli ( ' i c i i i

mishioners, who ventured to think that j they were desired to investigate- tho- j roughly Ihe subject entrusted to them, I to expose any abuses which they might j discover, anil to recommend an efficient remedy. For so uupardonably exceeding -their implied instructions, .they,-were very properly and promptly ''dismissed, abu<cof every kind has been duly heapedupon their heads by those whose craft was in danger. ! \ * We learn now that another Royal .Commission has been appointed to enquire into the question of the administration of justice in the Colony. It consists,of the following persons: — . Judgesr liVen-dergaatrvJplinston,!, RichShrtitWfSriS?* Mnk, WvYhitaker (Attorney-General), Mr Reid (Soh-,eitor-Generalj,,-,,,.Mesfirs»iEa!;d iOT; -and, Macdonald ("District Judges), Robert Barstow, William Gisborne, CO Boweiv and John Sharp (Justices of the Peace), and the following tors :—CT'. Conbliy,ltouert Stout, J. N. Wilson, George > Harper, Allah Holmes, and A. E. Jl\ Dev'ore.l Judge, Prendergast will be Chairman. The Commission is instructed to enquire, into the constitution, practice, and procedure of the Supreme' Court and other C6mts, namely, District Court. 1 ?, Resident Magistrates' Courts, Petty Sessions Coartg, *and Courts held" before Justices of the Peace.; i And further fc enquire whether, any and .what phanges might- be , made with advantage in the constitution, practice, or procedure of the said Courts, or any of.them,fwith the object of rendering the practice and procedure of such Courts or such of them as may be thought convenient auxiliaries to one another, or fojr any otlief purpose, and'also to' inquire whether the jurisdiction of any of the said Courts (other, than the Supreme Court (might be increased, restricted, or limited in any or what respect, and whether any of such jurisdiction might be abolished and other[prQvi|ion made' in that behalf. ' ? ' l: ' '"

This is decidedly > better. No impertinent laymen are to be allowed to ferret about and propose absurdly practical and sweeping changes, which might jhayo the, effect of causing, our. Courts of Law to become, even in some slight degree, Courts of Justice. No ; fappoint lawyers and ex-lawyers to l devise some scheme by which , the public may be benefited at the expense of the profession. , In other words, men .to - simplify, legal process and render it short, sharp, and effectual, whose whole interest lies in rendering it uncertain, dilatory, and nugatory. Ask those men to place poor and rich on an equality before our Courts of Law, when the as at present existing, of the longest purse winning serves to fill their pockets. From such a commission a decent, decorous report may be expected—a report recommending no. absurd?or radical changes, but which will allow every tiling to go on in a decent manner, and the gentlemen of the ldhg robe to continue the screaming farce of eating the oysters and handing their clients the shells. , Only those who have, been, unfortunate enough to be parties to a suit in the Supreme Court know-how literally the above fable applies to the legal profes r sion and their clients. Occasionally, however, a bill of costs, becomes property, and the uninitiated hold up their hands andicxclaim," Who'd have thought it?'' The other day the following-particulars concerning one saw the light in an answer to a question in the House of Eepresentatiyes. Mr Dick says :— "The correct state of matters was as follows: Mr H. D. Bell, plaintiff's solicitor, rendered his costs at £2236 14s lid. On taxation this was {reduced by £415 2s 4d, leaving'£lß2l 12s 7d. To this was added the damages awarded, £500 ; and interest at 8 per cent., £38 13s 2d ; making a total of £2360 5s 9d, which was the amount legally payable. Mr Bell rendered to his client,' Mr Russell, a bill of costs as between solicitor and-client- amounting to £968 Is 4d. This bill was made up of the £415 taxed off as above ; a fee to Mr Barton, who did not appear in. the case as counsel, of £152 12s 6d ; a-further fee to Mr Bell of £210 ; aud other charges which were not claimable as between party and party." ;

Now what does all this menu? It means this : A Mr Russell, feeling aggrieved by some article in the Waka Maori, a sort of Government newspaper, brings an action against -the same. A jury award him £500 damages, but to obtain this verdict ho has to expend or become responsible for £2236 14s lid ! The other side pay plaintiff's -(solicitor £2360 5s 9d, and instead of there,being anything to come to him, his solicitor presents him with a further" little bill of £968 Is 4d. So that, having won his action from a solvent defendant, he finds himself with all his damages swallowed up, and several hundred pounds out of pocket beside. , . ,

This case is only exceptional" in'that some of the details have come before the public. Similar ones are of, every-day occurrence, and the unselfish advice of the ablest and most conscientious lawyers is—" Suffer any wrong, put up with any injury, but do not. allow yourself to bo lured or dragged into the Supremo Court." And in ihe face of these- facts being notorious and patent, this preciovw Commission is instructed to report, " if any, and what charges might be made, occ.'' Truly, we are a long-suffering people, and groat is Diana of tho Ephcsians >