LAW REFORM.
To the Editor of the Daily Times. Sir, —I believe there o-ai be but one opinion both in and out qf the profession, as to the rules now in force for regulating tiie mode of procedure in the Supreme Court of this province, and throughout tiie 'colony, nnd that is, viewing them as a whole "they are theoretically and practically, as unsuitable, ami as opposed to tlie fostering and protection of a mercantile and trading community as can well be oonceived, placing plahrtiiTs in the most simple ami ordinary transactions at too great, a disadvantage, thus striking at the root cf commerce and enterprise, and operating as a barrier thereto, retarding progivss anil conducing to litigation, and sboiild.be considerably circumspribed. I have purposely refrained from entering upon dry details, (though prepared) conceiving my conclusions to be correct in the main, and believing (whether rightly or wrongly) there to bj a universal desire for a change in the existing sjstem. Holding ia vie\y the serious loss the mercantile and trading community have already, and must continue to sustain, by a crippled and curtailed trade, caused by a want of legal facilities whicli it should not bo denied, it seems odd, v.-rv odd, that a body thus interested, and the Provincial Government in rarti--1 eular, who are equally, if not wore so, should not
long.cro .now hay« adopted or endeavoured to effect some measures towards relieving- themselves from these and o.lier disabilities, and with that end towards attaining considerable amendments, (or perhaps what Avould be preferable, an entire repeal) of the existing rules of Court, and substituting a " Common Law ;t,id "U^uity procedure Act,''_ in' consonance with the law and practice oi" the Knglish .Courts, so fur as the circumstances of the eoWny admit, feeling fully eatistied were the members of _ the profession appealed to, th'.-y Would moat cheerfully give their valuable aid towards framing a measure to -tie submitted lo the Assembly, having for its object a sound and expeditious method for the better advancement of justice iv this province, and the colony generally. Mr. Editor, it is almost superfluous to refer to the urgent necessity for a resident judge, and a monthly County Court, with limited criminal jurisdiction, or are prisoners still to continue confined^ awaiting trial four or live mouths, until the arrival of a Circuit Judge, true deliverance to make, Sec 1 monstrous I Truly we deserve to be considered a long sufli-riug and patient people. [ am your obedient servant, Chas. Jko. George. Dunedin, 21th June, Is<s2.
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Otago Daily Times, Issue 181, 26 June 1862, Page 5
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421LAW REFORM. Otago Daily Times, Issue 181, 26 June 1862, Page 5
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