LAW REFORM.

Evening Star, Issue 3792, 20 April 1875, Page 2

LAW REFORM.

An e« teemed correspondent send* tts the following communication on the ' above subject; ■V‘ a^*iith^« h tw^ of ynn*«»d«M will to of this, Colony hare roaaon to thank the Government fer their recent changes in the Supreme Court. in the interests of justice those had become Imperatively necessary contemptuoms murmurings have been current foe years amongst all dUtssesof society i and but for the supreme resncct fn« offloe which prevails in the result would Jongr ago -have culminated in public memorials to the General Assembly; and it is mow than probable that private remonstrances have been to the authorities, which have to thealterabons. lam quite aware thatjudices should be free and independent, and so they ore within the Imperial dominions; but they are not appointed as fixtures, to be merely looked at like statues, but to perform, ably tmd promptly, high and important functions, and when they become inefficient for these purposes, itisthc houuden duty of those iu power to take steps to induce their retirement. In a civil point of view, a Briton -cares especially but for two things: the one is freedom, the other justice—the giving to every man his due: and, without these glorious principles, I am inclined to think wo should be better off Under the paternal sway of his Majesty of Russia. The people, particularly suitors, witnesses sad jurymen, have a perfect horror of the Supreme Court. It has nearly attained the same unenviable notoriety that the Court of Chancery at Home had, and which basso justly beon held up to public execration by Dickens and other novelists. Men can easily enough enter, bat when they may emerge, and what state their finances will be in, are altogether problematical. Certain it is, that, in most matters of dispute men hod better make a considerable sacrifice rather- than come within its -fatal embraces. Look at the delays. There are, or may be, in the first instance, declaration, plea, replication, rejoinder, surrejoinder, rebutter, surrebutter, demurrer, joinder iu demurrer, besides numerous other technical modes of attack and defence, not one of which ought any civilised society to tolerate or allow, and which, in the main, are only made use of as means of drlay. chicauery, and extortion. After many of these various preliminary encounters come the issues, and the almost interminable trial. How the poor juiymen, as well as the unfortunate litigants and their witnesses, have to be* pitied 1 Then yon may enter into limbo—l beg pardon, banco, where dreary, wearying, often useless, aivument drags on its length from day to day, when really a few hours ought to dispose of the points, and after months of delay you will have the judg“ent- H «pappeased, you may now take a trip to tlie Court of Appeal, and risk a fall there; and on your return enjoy the luxury of a new trial with its edifying concomitants, revel again in the pleasant shady banco pastures, once more look on the »™iHn g countenances of the appeal dignitaries, and try your fate; and, finally, if au this satisfies not, and the suitor s pocket is not exhausted, the last resource is to the Judges of the Privy Council in England, where, alas I it is probable in many in stances..you can alone obtain a sound judgment; and mark' this well, in seven times out of every ten, all this fearful delay, uncertainty, and expense arise from the inefficiency of the judgment of the first trial or in banco; therefore, you perceive how highly important ' *°have, at any cash able and consistent Judges. Some time ago a case, a most unjust one; as far os I could comprehend the merits, occupied a jury about ten days, when two ought to have sufficed, and it had previously been, long in litigation. Soon after the verdict I understand’ a compromise , was effected, and for what reason ? because the weaker party had not the means, without the prospect of comparative rum. of fightiiigthe matter out, besides permips years of delay. Why, in the name of all mar s honest, should the pdblio be robbed in this barefaced manner ? No other people on earth hut the patient British race would submit to laws mode for the rich to overawe and plunder the poor. I may here incidentally mention that the juty-re- , oeived in this case the munificent sum of one .guinea each. Again, there was a case, not so long since, relating to a proprietary edifice, which was heard in banco, and occupied about seven days, when judgment was reserved. Now,-any person conversant with the point in; dispute knows perfectly well that before a Home Judge it would not have been allowed to take up as many hours as it did days, and judgment would have been delivered at once, for there was nothing new in the reasbnihgs on* the case, the facts onlyvarying slightly from other Oases of a like nature, and this would have been obtained at one-tenth part of the cost. These are but trifling instances occurring at the moment to my $ host of other cases might be cited from different parts of the island to show the heavy costs and persistent delays which take place in the Supreme Court. Just lately we have North and Scoullar’s case, andyour own with Mr Macassey,-whies somewhat illustrate my views. " 1 ‘ - The people, through their representatives, must press for prompt remedial measures, and there must also be war against the Judges, through the Press and the powers that-be, to amend their ways, and compel them to grant justice safely, soundly, and speedily, and at less cost. We justly hold them m veneration and respect, but they should always bear “ “ip* the piquant French expression, noblesse oblige, the spirit of which is'stnctly applicable to them, for they have their duties to perform as well as their privileges to uphold. , Meanwnilelet the jurisdictions or the District and Bestdent Magistrate’s Courts be extended. Why should parties be able, at the cost of a' few pounds, to recover one or two hundred pounds, and if over . .° 80 . sums he obliged to go into the. sink-of iniquity, mid spend hundreds and' 'hundreds of pounds, and wait, and wait, till the person answerahlo is not to be found, or has become insolvent j There is also the highly important residentiary and_ circuit questions to be settled. Anyone -seriously reflecting must perceive how undesirable it is for a Judge to try causes in his own Court. One amongst the many reasons that might be adduced is, that persons may, and do, often come before mm, with whom he is upon the most intimate ternw, and he is imperceptibly biased to the side on which they appear. At Home the Judges lake Circuits twice a-year, and have, done so- for many centimes, and the same Judges never take the same Cmnuts, excepc at long intervals, and they'carefully keep themselves atoof, both from the Bar and the public. This coarse ought to he adopted here. What a farce, and hoW humiliating it often ft, for a Judge -to try causes at the sessions, and then afterwards sit in banco to ; review lift own errors and misdirections. I trust the coming of the Chief Judge to this Province is the inauguration of a new era m this respect. . 1 ““-y he entering on a debatable subject, bnt It mmy conviction we have too many judges by one enough to occupy their time, hut in general I believe this is not the case. Still if they are reading, studious men, we cannot complain so much, but to liave Judges year after year receding in usefulness by their own supineness, neglect, and indif. fereuce rather excites the ire of those who suffer and yet have to pay the piper. the shameful attacks made upon Mr Williams, the sow Judge for this Province, by the Daily Times,’ and the gross ignorance disptayed by that paper of what are the essential oua-hfioatious-of a Judge, I believe we may be congratulated on his appointment. He is- -reported as being a sound a clear-headed man, and a gentleman. Ho will doubtless receive and treat every oue with attention and courtesy, shew ho prefereuce amongst the profession, nor allow any senon to have his ear. The Home Judges keep theßar. high os it is, at a safe distance, allowing no approach except in the sanctuary of justice, vln an eulogism on ex-Judge Chapman, the • Daily Times of the 2ndinst. stated, •* We are not unaware that from time to time exception has been fe-Vyw to lus ruling, he has been called lenient in his manurement ot the Court, and somewhat di atory in ummp his decitnons.” I should think the Judge, when he read this sentence, piously exclaimed «save me from my friends/* The words, by inuendo, convey J^ Vl ® an< l damaging charge, and yet no *s-P m the Tun . es «., not hing but fulsome aduIwion. Suppose a similar imputation could be affixed upon a Judge, who shall he nameless, and with whom I have never exchanged a word. Why sir, thei ?Times' and its myrmidons would nouuce him with hell'book, and candle, up hill and down dale, 1 venly believe unto death, and after that. Mr Editor of the ‘ Times,’ you khbw the £*f tic ®, be . done > though the heavens should fell. Go and act upon it, and don’t allow yourself to be made a cat’s paw. heard that a single newspaper has the recent changes, proving how tmiver--1318 demandfor them. May the gentlemen who have succeeded their predecessors give satisfaction, it was ul graoe in the _S T V neB . . to bespatter Judge Williams with mid before testing him; but that solemn, lugubrious “ GooseyPooSey" that prophesied the sky was falling. I must not forgot to mention tMt, in the elogium toere is one judge who offends the refined sense ot goodness of the worthy editor. As a brother Chinaman would say, “ Tsing, Tsing,” “I pray yoh.'X stay w; w ho is he P Gan it be .true ?Is there reaUy a ■ ?~taiy Judge in the Colony who refuses to bond tho knee to Baal, deo.ines to worship «t the shnue of the Tammaney ring P Thanks, thanks, good Judge, whoever thou art. Brother taxpayars, whrtssy you to these thitars? kLvJ to thoroughly cleanse the aurean fjjfbls ° There will be more sweetness and vigor “vCTwards, more gentleness and purify, speedier sod less expense. In pleasing contrast, dear oldWiUon Gray is gone. A sterling Judge, a noble patriotic soul, has passed to the better Snd Hi? deficiencies, such as they were, arose from want ot physical stamina. The spirit was willing £nt tha flesh was weak. All honor to his memory hfev hfe mantis have fallen upon his brethren. It TruilLr a? enough to cover a multitude. • waß Fob thx Tublio Goon.