JUDICIARY BILL.

Dominion, Volume 1, Issue 10, 7 October 1907, Page 6

JUDICIARY BILL.

District Courts to be Abolished. JUDICIAL DISTRICTS FOR JUDGES. Tho Judiciary 'Bill, which has been introduced by .tho Attorney-General (Hon. Dr. Findlay), is a measure of first-class importance. It consists of two parts. Tho. first contains provisions for- tho total abolition of the District Courts, and tho second makes important alterations in tho organisation of tho Supreme Court and tho Court .of Appeal. If passed into law, tho measuro will como into forco on January' 1, 1908. District Courts. " Section 2 provides that after tho coming into operation of tho measure no action for-tho recovery of debt or damages shall 'be commenced in a District Court, but pending actions in a District Court aro to bo continued. Tho 'succeeding clauses provido in like •manner •• for • relieving tho District Courts, of 'all their other work. There are ..to bo.'iiQ, fnturo committals for trial . beforo, a District Court, and no future appoals -to tho Court' from Magistrates or Wardens. Tho District Court may Hot grant any future : probato' or" letters of administration, nor - may any further' bankruptcy petitions be filed therein. Tho appeal and bankruptcy, business hitherto done by the District Courts will bo dono by the Supremo Court.'V ' The District Courts are to be finally •abolished as from March 31, 1908. Thbir': records are to bo transferred to tho Supremo Court, and actions pending'in the District Courts will be carried over ,to._thq Supreme Court, but tho' acts dono. by the District Courts will' remain in fair forco and effect. Appeals..'., , In the hearing, of appeals to the Supreme Court from tho decisions of a "Magistrate, "Justice, or Warden, it 'will.not'bo necessary for the parties to appear, eithor personally or by counsel, arid the hearing may, if tho parties ,so .agree, take, place by way of writ- ■ ton'arguments, but tho section shall not be construed to prevent any appeal from being heard and determined as though' the'' section wero not in forco. The Supremo Court ' "The Governor may by Order-in-Council from, time to time assign judicial districts to. tho Judges of tho Supremo Cdurt. "The samo Judgo may ..liavo 'two/. br *\nibrei judicial districts assigned to him. Tho same judicial district may bo assigned to two or moro Judges." :. .; Evory'Supremo 'Court Judge, except tho Chief Justice, or acting Chief Justico, Bhall exercise his judicial functions in' that district only yrhich has been assigned to him, excopt with tho consent'of 'tho Chief Justice or acting Chief Justice, but no act of a Judge is to be ■ invalidated: becauso'it is "done outside his district/ Wellington Judicial .District.' Three Judges,, of whom tho .Chief Justice will bes ono, .are to bo assigned to the Wellington -Judicial None of these three may be removed from the- district except with. concurrence of a majority of all tho Judges of the Supreme Court, or .by resolution of both Houses • of Parliament. Court of.' Appeal . '.• No Judge; other, than thoso of the Wellington District, may take part. :n :.the,',Court,,of.,Appeal, except as proa . later., clause. No Judge may "act in' appeals against judgments given by himself. No appeal is to'bo determined by fewer,, than three Judges.' Tho. Governor, may, by Order-in-Coun-cil, establish a rota of Judges of the Supreme'.'Court other than those of .the 1 'District, and this Order may not bo revoked or altered ..oxcept,,'with .tho . consent of'all tho Judges in the rota. The Judges in tho''rota are'entitled to sit in the .Court. of -Appeal •in turn, ono at a time, as substitutes for any of the Judges of tho Wellington District who are unablo-to.sit. '• rln certain cases, tho Governor may, 'on tho .recommendation of. all tho Judges -of tho 'Wellington District, or ,of a majority of all the Judges of tho Supreme .Court,, summon all or any of the Judges -to sit in tho Court of Appeal. No determination of tho Court of- Appeal :.is to be invalid .merely bccause it is not determined in conformity !'witli'"trie provisions' of the "Bill J'