New Zealand Times. WEDNESDAY, DECEMBER 2, 1874.

New Zealand Times, Volume XXIX, Issue 4275, 2 December 1874, Page 2

New Zealand Times. WEDNESDAY, DECEMBER 2, 1874.

Now that the whole of our system _ of judicature is about to undergo revision and redistribution, it is seasonable to notice another matter which, although not perhaps strictly part of the system, certainly is incidental to it. We refer to the arrangements under the Megulre Generales of 9th November, 1863, for the examination of candidates for admission into the legal profession. Under these rules, which came into force in March, 1864, each Judge within his own judicial district acts as examiner, with power to associate with himself one law practitioner and one literate person, or either of such persons. Rule 2 is as follows;—“The Judge in each judicial ‘ ‘ district shall give six (G) months’ notice, “ in such way as he shall think most con- “ venient, of the times and places at “ which ho will be prepared to examine “ candidates, and twelve (12) months’ “ notice of the subjects and books on “ which such candidates will be exara- “ ined : Provided that suck examinations “ shall bo held not less often than twice “ a year, at the place where such Judge “ usually resides, and not less often than “ once a year in each circuit town within “ his district.” Now, wo must say that this arrangement, whether considered a priori in itself, or judged by what appears to be the experience of its administration, is altogether unsatisfactory. Tried by either test, it appears to us not only to fail but to be about the very worst that could be adopted. In the first place, how is it to be with any shadow of reason anticipated, that their Honors the Judges of the Supreme Court, with tho always heavy and daily accumulating burden of judicial work resting upon them, could possibly find time adequately to perform such a function as this ? While it is quite unreasonable and unjust to saddle the Judges with this duty, it is, moreover, in our opinion, open to another very grave objection of the same nature as the considerations which have influenced Parliament to advise the change of judicial circuits. Without at all for one instant imputing anything to their Honors more than the affections and passions natural to ordinary men, wo must presume that the Judges are in this point just like other men, and from that presumption the inevitable inference follows that such a system as this places far too much power over the profession of tho law in their Honors’ hands. For any part of the expressions which we hear of dissatisfaction with tho actual working of the system we do not vouch. But it is certainly a very grave objection against any system that it should produce so much criticism and dissatisfaction as this assuredly does. It is at least quite notorious that very great disparity and diversity exists between both the amount and the sort of the demands made of candidates by the examining Judges in tho different provinces. Unless misapprehensions and misrepresentations of the facts fill the air “thick as leaves inVallom- “ brosa” this charge is true, and a worse one there could not be. Indeed, so long as the choice within certain very wide limits, of the particular line, tho amount, and the method of examination, is left to the taste, the judgment, or oven to the whim of each Judge, this result must of a surety follow. In this respect then, the existing system bears on its face one of tho very worst features of tyranny;—arbitrariness. As far as regards the six months’ notice of tho times and places of examination, and tho twelve months’ notice of tho subjects and books required by the 2nd Rule to be given “in such way as the Judge ‘ ‘ shall think most convenient,” we must say the phrase does seem to be conveniently large and vague. If this is to be of any use whatever as a rule, apart from tho convenience of the mode of giving tho notice, it certainly cannot bo taken to mean that tho Judge in each district is to give to each candidate a particular and several intimation of the time, tho subjects, and tho books of his examination. On the contrary, if it is meant to be a rule, it must moan that tho Judge shall give a general intimation to all the candidates, or possible candidates, in his district, six months’ in advance of tho time and place, and twelve months’ in advance of the subjects and books of tho examination. Now, has this latter view of tile meaning of these notices been put in practice in one single province in the colony? We are not aware if it has ; it

may have been for all we know. But we do know that the former view, which we will call the arbitrary view, lias prevailed in more than one judicial district. We might further mention more than one instance of its resulting in great hardship to Individual candidates, but as we are criticising the system, not bringing charges, we do not see any good to be expected from being more explicit. It is sufficient for all public purposes, which are our purposes, to say that the system which we condemn as theoretically and necessarily vicious, is found to be very unsatisfactory indeed in practice. Again, if we take a broader view, and look, beyond these rules, over the aspect of the legal profession as a whole in this colony, the sight is not reassuring. Of the vast numbers of young mon that are rushing pell-mell into the profession, it would be quite inappropriate to say that the greater number are only half educated ; it is far more correct to say that, apart from the bare routine of office practice, they are in no proper sense educated at all. And all these gentlemen are, forsooth, barristers ; and if they are blessed with the requisite quantum of colonial assurance they may insist on displaying that quality, and of course imperilling the interests of their clients in the Supreme Court. Of course, it is only natural to anticipate that there is hardly such a thing as “etiquette” in the profession. Wo do not mean by this the sort of convenient and elastic snobbery which a “sharp practitioner” may glibly prate about when it suits his purpose, when he wants to jump upon an erring brother, and then blink at when he wants to do a smart thing. No ; that is not the etiquette we want to see, and the etiquette which, by gentle or by harsh moans, the public of this colony must have. It is the high and unsullied honor, the chastity of conscience that feels a stain like a wound; —the etiquette that comes of the education of the heart and the feelings as well as of the Jioad. It would be pure mockery to pretend that we have this just now in this colony. It is a mere truism to say that the general tone of the profession is low. Of these causes, and of others to which we do not hero refer, it comes that the public are, as wo think, very justly dissatisfied and suspicious ; and the best men in the profession itself are dissatisfied.

Wc commend these remarks to their honors the Judges and to the profession, in the lujpe that.means may be taken to bring about a reform. Far be it from us to dictate to their Honors. . Lortg.may the day be distant when the Press might bo tempted or enabled to derogate from the integrity of that independence with which; our law has wisely clothed the judgment-seat! Long may our Judges, continuing strong in the reverence, the respect, the proud submission of a lawabiding people, bo able to frown down the encroachments of prurient outside criticism, because they embody, typify, and command all the reflecting and informed opinion pervading the society over which they worthily preside.