DISTRICT COURT.

Evening Star, Issue 3595, 31 August 1874, Page 2

DISTRICT COURT.

Monday, August 31. (Before His Honor Mr Judge Bathgate.) Having taken his seat, his Honor spoke as follows : In opening the District Court for the district of Dunedin, which has not been in operation for a number of years, a very few remarks seem expedient. At first the limit of the jurisdiction did not exceed LIOO. The extended jurisdiction in the Resident Magistrate’s Court included all claims up to that amount, but the jurisdiction of the District Court having been afterwards extended to L2OO, it has become necessary that the advantages of the speedy and economical adjudicature of cases up to L2OO should be shared in by the inhabitants of this important district. The Government have therefore re-established the Court. The Acts creating and constituting the Court are The District Courts Act, ISSB ; the District Courts Act Amendment Act, 186?; the Distri.pt Courts Jurisdiction Extension Act, 1866 ; the District Courts Criminal Jurisdic tion Extension Act, 1870. While the District Court can have a large criminal jurisdiction on proclamation by the Governor, it lias not been deemed advisable in the case of Dunedin to proclaim sijch jurisdiction. Regular criminal sessions being held in the Supreme Court here every quarter, there is no urgent need for the establishment of a second Criminal Court of enlarged. jurisdiction. The jurisdiction of the Court is, therefore, confined at present to all cases of ai civil nature, whether legal or equitable, in which the claim or demand shall exceed L2O and not exceed L2OO, whether on balance of account or otherwise, excepting cases in which the title to real estate.or the validity of any devise or bequest shall be in question, or the limitations under any will or settlement shall be disputed, and excepting, also, actions for malicious prosecution, libel, slander, criminal conversation, seduction, or breacli of promise of marriage. In regard to the equitable jurisdiction a doubt has been expressed, seeing there is no machinery in the statute for enforcing decrees in proceedings for specific performance, whether such cases could be tried under it. A Bill to remedy this apparent defect and to effect some other improvements, such as granting power to take the evideuce of witue ses at a distance, as in vhe Resident Magistrate’s Evidence Act, 1870, which is found to be very useful, passed the House of Representatives in 1873, but did not become law. The rules and order for regulating the practice of the Court were framed by Chief Justice Sir George Arneyin 1859. No addition has been made since that time. .Perhaps hy'some a : ditidila to the rules there might be less hesitation in the exercise of the equitable jurisdiction. Special powers were pqtfferred by sections 25 and 26 of the Act of 1858 on the- District Court Judge, in the absence of Hie Judge of the Supreme Court, to grant and dissolve any injunctions topi-event irreparable injury to property, and to grant a writ of arrest for the purpose of holding to bail a defendant who is about to quit the Colony. Pile only rule requiring a word of reference is 95, which jpakes it compulsory on the defendant to file a written stapeipout of his defence seven days before the day of hearing. At first sight this regulation appears to be contrary to the spirit of the Act ; hut the point has been considered by the Appeal Court in the case of Vivian y. Quick,! Johnston's Appeal Cases, 332, when it was found, although with some hesitation not to be ultra vim. Special power is also conferred by section 27 of 1858 to grant probates of wills and letters of administration, but with the facilities at present existing in the Supreme Court, here such power is not likely to be exercised. Jurisdiction in Bankruptcy is also conferred by the Bankruptcy' Act, 186/ ; but unless it bo found necessary for the relief- of any purpose of business arising in the Supreme Court,- there does not .seem occasion for the exercise of this jurisdiction. The practical utility of the Court depends greatly on the profession, and I have so high ah opinion of the skill and intelligence, ay well as integrity of the bar in Dunedin, that ! am satisfi ed the establishment of the Court will be found to be a great benefit to this large and increasing community by affording an expeditious and ready mode for the settlement of questions and disputes continually arising in the complicated transactions of business. It is to r be hoped that ers long the business of the Court will be conducted in an apartment more suited for the proper administration of justice than this is, with rooms for the accommodation of counsel and witnesses, and forming a part of the pile in which the Supreme Court may he placed, so that the valuable law library now existing may be available for reference and consultation. With these preliminary remarks the Court will now be open for the hearing of the cases on the roll. ■ •" .

Mr Barton, as senior member of the Bar present, on behalf of himself, brethren, and the p iblio, congratulated the Province- the town of Dunedin at all pvents—on the establishment of the District Court, He ventured to express a hope that hia Honor would give as much satisfaction as Judge of that Court as he had as Magistrate in the inferior Court over which he had presided. The brethren felt that the experience they ,ha(ji had of his Honor since he had sat upon the Bench, led them to conclude that he was both an ah e servant and a courteous judge ( and comtesy extended tb the Bar was quite as necessary to the public as judicial ability in the judge. It pnjst never be forgotten that the Bar when addressing the_ Court were simply representatives of clients, and it was necessary that sufficient latitude consistent with politeness should be extended to them in carrying out their contests. The public, and he was sorry to say, even a portion of the Press, were under the impression that tje interests of the Court and the legal pro[esspn were against public improvement, especially ip Courts of justice ; but ho did not think it possible that a greater mistake could be made. In holding that lawyers not interested in improvements of Couits of jus ice they made a great mistake, for none more than the bar opaired that the law should, as far as possible, be reduced to a system of pure science. He might be excused taking up so much of the time of the Court, but he embraced the opportunity of expressing the feelings of the Bar. There were one or two matters on which he might be allowed to say a word before he sat down In the interval between now and the next mooting of the Court he hoped bis Honor would lay down some rule as to the appointment of certain days on which assessors’ chebs might be decided. His Hofctir w«b

aware that it was inconvenient to themembers of the bar to have to wear their wigs ml ijowns, owing to the place wit ere they were kept, at pres nt i’h ■" had that day appeared in wigs and gowns as showing tie r ‘aspect to his Honor, though at s «mc inconvenience. He hoped that wins would soon he dispensed with. Some might still be under the impression th it wisdom resided in a wig —(Laughter ) Sydney Smith deemed it absolutely necessary for the administration . f justice for lawyeis to appear in wi>' and gown; bub he (Mr Barton) should be very glad to see wigs and gowns abolished in Courts of laws. rho-.:e in the Colonies should teach those at Home reform ,u this shape H:s Honor, in express ng grati'.cation with reference to the remarks made by couu el with reference to his past experience, said it was a very easy manor in a Court like this, possessing such an able Bur, to admitds.er justice satisfactorily between the contending parties. With regard to the future he could SH.y, from the exponents - he had received during the p n-tsix months that he had very little fear of the result. He expected the same ability and care to be manifested as had been shown by the learned gentlemen in getting up their cases. With regard to the members of the Bar. he had no personal predilections in favor of any one in particular. He was very willing to hear the very youngest member with the same fairn. ss and consideration as the most talented. He had again to thank them most warmly for thp r kindly expression. With reference to the remarks about assessors, he would see that a move in the way stated should be made before the next meeting of the Court As to custom, theve were great changes made in the Home Courts just now : desses that had maintained {themselves for a very long time seemed to have amalgamated. He knew the great inconvenience the legal gentlemen were put to in having the robing room so far off. [Left sitting.]