WANTED, A JUDGE.

Dominion, Volume 3, Issue 788, 11 April 1910, Page 9

WANTED, A JUDGE.

COMPLAINTS FROM CHRIST- ; CHURCH. According to tho Christcburch "Press," the Canterbury Law Society is considering the question of making strong representations to tho Government in connection .with .the present condition of the Supreme Court business, in that district. In a series of in-' terviews,, tho. "Press" has collected, some interesting criticisms of the general position.oi Canterbury- regard to legal matters. - ; ; '■ ; A leading member of the Christchurch Bar, speaking to a,"Press"- reporter on the subject, said it . was shameful -. that the/district, should be treated in the .way., it was. The, Court fees from Canterbury were tho second largest in the Dominion, yet no judge was to be provided. According to the calendars arranged; by, the judges themselves, sittings in Chambers/should be held twice a week, and. in Banco once a week, except during vacation or the absence of tne judge, or unless the judge was .engaged on other business of tho Court. ;It was never intended, however,-that , while a judge (Mr. Justice Donnistott) was away on twelve months' leave those sittings should be "abandoned,- yet that was' exactly what was happening. Nobody, of course, objected to the postponing of tho smaller, sittings white the judge was attending the Court, of' Appeal, for thai, was a legitimate absence, but, even-go, tharo was no reason why a judge should not visit Christohurch at intervale _ during the sittings of that Court, for in most cases' "heard by the. Court of Appeal there was. always one judge, the one whose 'decision was appealed' against, .who; did not"sit; 'and'who'was therefore : available for other work: "There are cases here," tho barrister referred to continued, "that have been waiting for months with. no prospect whatever of being heard. It is possible to get the matters heard in Wel.lihgton, but even then delay and addi--tional" expense-result, .and-in ;th'e ; -case of , probates the original'wills have to be sent up with the fchance of being lost'or mislaid. Distributions of , es■tites. are-, also seriously • delayed in consequence.of the , inability to.get a judge to: .certify;, to the accounts, and much annoyance and hardship is thereby caused.- Chamber and Banco, work.is of the. utmost., importance,, and it is alte:gether wrong that the public should be compelled to put up with the delay now caused to the want of a judge." Either a jndKe is not wahted hero at all,, or ■ tho district is being shamefully neglected." . ... : Another legal gentleman interviewed said there'was a tendency on the part of \the Attorney-General to centralise all judicial matters in Wellington and make the other centres merely circuit towns. If there was to be a judge in ■ the South Island . at all he-should be stationed in Christchurch, for the work in this.diet-rict-was much heavier tlian it was in Otago. . "At present, if you want a habeas corpus, or an appeal to the Snpreme Court from the Magistrate's. Court; where -■can you get a judge? ,You must either go to Wei- , lmgton-'or , -abandon , the thing altogether. If we are to-have a judicial district system, then there should be a judge in each district, and not in some only." ■'■' .- ' . ■ ■■■ ' ;.; ,-, ■ -..

"The'present.position means ruination: to the Christchurch profession," declared anothor barrister. "Work has to be sent to Wellington, and it leads people outside to , believe .there are no counsel of ability in Christchurch. It would'pay the'profession to subscribe the amount required to provide for the salary of an additional judge. . The Government should have provided the district with a judge directly. Mr Justice Denniston left, and if they had not" one available, they should have appointed one. Tho Supreme Court is maintained by the public, and the public have a right to .expect that sittings shall be held at all reasonable times throughout the year." Commenting editorially upon tho position, the "Press" observes that/ "despite the manifold grievances from which. Auckland suffers, it is better off than , Canterbury in at least one respect—it has'a: judge, and the Supreme Court business of the' province is conducted with reasonable promptness. Christchurch, on the other'hand, has hardly seen a judge for three months, and has little prospects of seeing one for some time to come. Even when he does come, he will find so much business awaiting him that it may take ■him weeks to reduce it to .the normal level. Nobody grudges Mr Justice Denniston his holiday, but it is the clear duty of tho Government to see that the legal business of the community is-not unduly delayed through his absence, and a's matters stand at present, very serious delay is taking place. • •• ', V ° ", ave »° d esiro to become a mero feeder for the Supremo Court in Wellington. : . . if an add j tional judge is necessary—there are only as' many judges today, when they are all at work, as there were 30 years agothen the Government should appoint one., The very least it can do is to see that during Mr Justice Denniston's abseiico, Christchurch has, at frequent intervals ■ the services of one of the other judges."