New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, June 13, 1849.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 403, 13 June 1849, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, June 13, 1849.

lisr our rep.ort of the proceedings of the Supreme Court \yill be found (among others)

a presentment of the Grand Jury referring to persons serving on Grand Juries, with the observations which it elicited from his Honor the Judge, The presentment appears to have been prompted by a circumstance which occurred at the previous sitting of the Court, and which it may be as well briefly to recapitulate. On the occasion to which we refer, on the names of the Grand Jury being called over, Messrs. Hickson, Hunter and Moore, members of the Legislative Council, and Captain Daniell and Mr. Rhodes were absent. There were only thirteen persons (the smallest number required by law) who answered to their names, and two of these, Messrs. Bannatyne and Ludlam, were also members of the Council. Under these circumstances it appeared to excite considerable surprise and regret that his Honor, omitting to make any allusion, to the absence of those persons whose attendance could be enforced, and forgetting that it was owing to the presence of two members of the Council that a sufficient number was in Court to form a Grand Jury, should have directed the Sheriff in future not to summon, as Grand Jurors, the non-official membeis of the Legislative Council, as the Court ought not to ask their attendance as a favour. To our ears it sounds oddly to hear of favour spoken of in a Court of Justice. We had always supposed that judges were appointed to dispense justice and administer the law without fear or favour. The gentlemen alluded to are summoned, we imagine, because they arc qualified by law to serve on Grand Juries, although by the Ordinance they may claim the privilege of exemption, and because such a practice (which is in accordance with the usage of neighbouring colonies) is necessary from the small number of persons in this settlement qualified to serve as Grand Jurors. On (Tie previous occasion they readily attended, and during the sitting of the Legislative Council, in which they devote a considerable portion of their time to the public service, they may well be permitted to avail themselves of their privilege without being made the subjects of public animadversion. The presentment of the Grand Jury appears to be an uncalled for interference, and the dignity of the Court does not seem likely to be advanced by the intemperate zeal of its injudicious friends. In this light the question appears to be viewed by his Honor, who expressed his regret that such a presentment should have been made.