THE Manawatu Times. SATURDAY, NOV. 22, 1879. THE NEW JUDGE.

Manawatu Times, Volume III, Issue 94, 22 November 1879, Page 2

THE Manawatu Times.

SATURDAY, NOV. 22, 1879. THE NEW JUDGE.

__ __ . . . . . _ p. ". >Vords ure "tiiinu« t aad a drop at ink falling lika cicw upon a tr.ought. procures thut which make* thousands, perkaps m;lU6as thiak."

Mb. Justice HAnDCASTtK has been noted for his saturnine asperity of man nor, and his utterauobs par T take more of ibbe* fortiter iv re than the suaviter m modo, anp! consequently one, would not be led to expeut much urbanity from $be hewly;ipppinted District Judge. " He has, j however, been credited with conI siderable le.^al knowledge and acuI men; with a desire to administer his I judicial functions without fear or favor, with a due regard to the strict letter, and" therefore'' it. -is with supreme surprise that we learn that he has lately issued a mandate which shows the f . disposition of man, while it 'exposes the forensic ignqr.a.nce of the Judge. According to that judicial/ autocrat, tlie -name of a rnian against wiiom a s'Jlmmous hasbeen issued—^no matter whether the claim may have been satisfied aiv hour after the receipt of tlie document-^-must be called m open court; Eor such an eitra_ordinary, unjust, and tyrannical command, one wonld naturally enpposp jVIr. HAiiDCAS'iVLE would Jfee, able tb jjrodiice' a le^al autao'.rity ; but i although we do not presume' to. a,U "tach'-a professional weight to our opinion, sve are pi'epared to aJiirni that it i^ utferly out J of his power -to> dp SQ^ 1 M-a plaintiffs demand has been satisfied, and the fact has been notified to the Clerk of the Qgurtrejeft after the qau^t? list feafif

been made out, that official always writes m the .judgment column, "Settled out of court," and that e/itcy, we hold, takes the case completely out of the hands of the presiding Justice. The functions of the Justice are to determine^differences between litigants according to law and equity, and it is quite plain that if the cause of grievance be withdrawn before the opening of the Court, there is nothing before it for adjudication. We have said that we make bold to assert that for the step talr en Mr. HardcastiiE has nothing m law to warrant him, and there can be not the slightest doubt that such a proceeding is m direct violation of equity, justice, and fair play. The desire evinced by the new Judge of parading the misfortunes of any 'struggling debtor — particularly when the offender has made such a reparation as fully satisfies his creditor — is by no means flattering to his humanity, and is calculated to make the recollection revert back to the time of the infamous Jeffuet or the detestable Tolee, afterwards Lord Norbury. If I ' a' creditor be liable to an action for libel — and [judgment has been soj given — for applying for payment of a debt upon the back of a post card, how much more criminal is it to injure a man's credit by publishing a private business transaction between two parties,, neither o,f whom desire publicity. Of course, Mr. HA.itDCA.STri is is a man supposed to be versed m the intricacies of the law, and it may appear presumptious m auy layman to take his' judicial aetion*to task ; "fctill we imagine- if he should persist m his tyrannical order, either he or his unfortunate 'subordinate will, sooner or later; ■ find themselves saddled with an action by some sufferer, who will question the power the Judge has arrogated tq himself.