The Gisborne Times PUBLISHED EVERY MORNING. MONDAY, APRIL 8, 1897.

Gisborne Times, Volume XXV, Issue 2048, 8 April 1907, Page 2

The Gisborne Times PUBLISHED EVERY MORNING. MONDAY, APRIL 8, 1897.

Notwithstanding the fact that to sue a debtor for tlie recovery of a nominal sum means the loss of the sum sued for, or more, because of tho expensive method of obtaining justice in tlie courts that are called by that name, tho number of suits brought before tlio Courts arc inordinately on the 'increase. In this respect tlie figures published in an Auckland telegram elsewhere are instructive, and they fairly represent the condition of things all over the colony. Out of the total number there are very few, if any, in which counsel are not employed, and that means, as a rule, that the winning side is very often tho losing side also in the matter of actual cash received. Tho legal profession is hardly to blame for extracting all the fees that the law allows them to claim from their clients, and while in some cases full advantage is not taken of this privilege, in far too many cases the costs are piled up unreasonably. It is the system that is at fault, and not the legal practitioners, and as long as the system remains in vogue there can he no improvement, for lawyers, like other ordinary people, notwithstanding the high traditions of tlieir profession, are only human. Honest lawyers, of course, and those of them who have consciences, do not take fullest advantage of their possibilities to extract the highest fees from their clients, while there are others who are so unscrupulous as to tako every means of multiplying consultations and using other cunning devices in order to pad a lengthy bill of costs. In such cases the law allows the most ample license to tho unscrupulous lawyer, and the result is that justice cannot be obtained in our law courts without an expenditure quite out of proportion to the services rendered. Public opinion has become so inured to this condition of things that no one over thinks of suggesting an alteration and the most trumpery case brought before a Alagistrate is treated with the seriousness and solemnity of a more worthy cause. That, of course, is right in a sense, but there ought to be a method whereby simple debt cases up to, say, £lO could be recovered without tlie aid of the legal profession, or the expense which the presence of counsel employed in them always entails. In nine-tenths of such cases the only question for Alagistrates to decide is does Philip Nopay owe .Mortimer Havitali tinsum mentioned in the plaint; and the only excuse for employing counsel to elucidate such a matter is the needless habit into which people have fallen of consulting the lawyer about everything. If the law would only set up Courts of Equity before which a debtor could be summoned by the simple form of receiving notice from the creditor direct, and the Arbitrator who presides legally authorised to do justice to both parties in the simplest and fairest way possible without the observance of legal formalities, most of those cases, if not all, would be settled without any friction between parties that now invariably result from the practice at present in force, besides saving to tlie litigants tlie enormous extra costs. Of the £45,000 sued for in the Auckland Court little more than half is said to have been “recovered,” which really means that legal orders for its recovery only wore obtained, and could we. but asceraio what amounts have been charged by tlie lawyers, added to the court foes oil the amount “recovered” it would be found that practically the whole sum has been swamped in expenses; and wjjion to that is added the costs of tho litigants themselves, and their loss of time, it will be found that tlie business is, as unprofitable as it is unsatisfactory, and ought, jn tlie interests of real justice, to be changed for some such system as wo suggest. People who pay their accounts regularly and have no fear of being dragged before the Courts for non-payment, do not think that they are interested in this question; hut if they think the matter out they will find that they are interested, and that in a pecuniary sense too, for business people cannot afford to lose these large sums swamped in legal expenses and nonrecoverable debts, therefore they have to be tacked on to the percentage of profits which they charge on their goods in order that tlieir businesses should be conducted on safe lines, and it simply means that those who pay voluntarily contribute tlieir quota towards the legal expenses and bad debts. Such being the ease, it is to the interest of everyone to see that a change of the present system is brought about as soon as possible' A short Act of Parliament would settle tlie whole matter to tlie advantage of everybody outside the legal profession, and that without much difficulty,

Michael McGrath was lined 10s and 2s costs or 48 hours’ imprisonment for being found drunk in Gladstone road on Friday night.

A sailornamed Charles Noilsoii, fell from tho deck of the barquentnie Frank Guy, to the bold, at 10 a.m. on Saturday. He fell oil bis anus, the right one being strained and the right forefinger being slightly injured, but was otherwise unhurt.

Tho Gisborne Debating Society moots in tlio Choral Hull to-night, when a roally instructive timo may ho oxpocted on tho question, Is observation a greater educator than environment?” Tlio Rev. F. W. Chatterton takes the affirmative, and Mr. E. 11. Mann the negative.

There seems a great scarcity ol wharf laborers at present, several sailing vess Is being delayed for that reason, and also by the difficulty of securing ordinary seamen. It is thought that an explanation may be found in the iact that the wool season is practically over, and many casuals have gone up country for work.

There was quite a lively scene in Lowe street on Saturday afternoon during tlie operation of removing tlio oltico formerly utilised by Redstone and Sons. The structure being found too heavy lor a dozen bullocks to drag on sledges, a couple of wheels were rigged up, and of course a large crowd having assembled, plenty of gratuitous advice was offered, including a suggestion that if tho number present took a turn at the chains, there would bo sufficient power available without the bullocks. Tho latter moved off successfully, but taking too sharp a turn into Childers road work had to be suspended until to-day. Tho premises arc to be shifted into Peel street and converted into a shop on a. section near the Kabutiii street intersection.

Thoro was a good attendance of members at the Gisborne Chess Club’s room on Saturday night when some good praetico was put in in view of the forthcoming match with AVairoa. A formal meeting was held during the evening when tho following were selected to play in the AVairoa match: —Alessrs. Claude Sainsbury, Connell, King, Crawford, Bull, Perry, Blackburno and AA’itty, two of tho number to bo considered as emergencies. Air. Connell was elected Captain of tho team, and the match was fixed to take place on Saturday, 20tli instant, pending arrangements with the Telegraph Department. Tho President, Air. AV. F. Crawford, announced that tlio fivo photo enlargements of tho late Championship Congress, then on view, had been presented to the Club by Air. Sainsbury who was a competitor on behalf of tlie Argentine. A hearty vote of thanks was accorded to Air. Sainsbury for his handsome gift, and in acknowledging it, he said lie hoped the photo of a future Congress would contain a representative of the Gisborne Chess Club as the winner. The sentiment was applauded. AA’oods’ Croat Peppermint Cure for Coughs and Colds never fails. Is 6d and 2s Gd.