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New Zealand Times, Volume XXX, Issue 4450, 24 June 1875, Page 2

A case which came before the Bankruptcy Court yesterday shows that the Bankruptcy Act might in one respect at least be amended in a manner that would give great satisfaction to the Bar and the commercial public. ■ In some of the other provinces it is customary for the Registrar of the Supreme Court, in accordance with the terms of a clause in the Act, to perform many of tho duties of the Judge in case the latter official may be absent from any cause whatever. It seems, however, that the functions of the Registrar in this respect may or may not be curtailed, according to the idiosynoracies of the Judge. For example, his Honor Mr. Justice Johnston acted upon the principle that the Registrar should transact no business which should properly come before the open Court, and in observance of thin principle Mr. Allan, the Registrar, refused, in the absence of his Honor the Chief Justice, to certify to the complete execution of the deed of assignment in tho case of one John Flyger. The application to the Registrar was made within the time specified by the Act, hut it became a question which could only be decided by reference to the “ computation" clause whether the application to the Court yesterday was in time or not. Fortunately it happened to be the last day of the three months, and was therefore within time, but had the sitting of the Court been delayed through the illness of the Chief Justice or from any other cause, a repetition of the preliminary proceedings, with all tho annoyance attendant upon the. law’s delays, would have been necessary. This, 1 however, is a matter of practice which his Honor will no doubt set right at once. But what is of more importance is this : As the ;Chiof Justice stated yesterday, the Court has no power to review its own decisions, which can only bo tested before the Appeal Court. Would it not be better, then, to give tho Registrar enlarged powers—such powers as are evidently contemplated by tho language of the Act. Make him a Bankruptcy Commissioner, in fact, leaving power of appeal to the Supremo Court, and ultimately to the higher court if necessary. The advantages to the public would be ox-

pedition and economy, for the delay and irregularity in the Flyger case— for which counsel was in ho way responsible—wouW never have happened had such a provision existed. Amendment of the Bankruptcy Act is a subject most repugnant to the senses of our legislators, but this alteration might very easily be effected, and a great amount of good would result. The Education Board acted in a wise manner yesterday by deciding, in accordance with the request contained in Mr. Mowbray s letter, that the boy Johns should not be admitted to any of the schools under the Board until he should have made a full apology for his misconduct. We have already said what we thought was right in this case, and nothing has since 5 occurred to cause an alteration in our opinions. Certain tender-hearted pseudo philanthropists, who understand nothing of the point at issue, have surrounded the well merited caning of a refractory school boy with all sorts of appeals to humanity, and eloquent dissertations on moral suasion. In fact, we have heard a great deal of what was very eloquent in theory, and would be very useless in practice. That does not now need notice, seeing that the members of the Education Board have by their action decided that no blame attaches to Mr. There is therefore no necessity for occupying more apace about a' matter which has terminated satisfactorily, despite the efforts of the philanthropists before mentioned, and of certain others who argued against Mr. Pilkington merely because they wanted some subject about which to get into prominence, and did not care what side they took so long aA?that prominence was attained. _____