CORRESPONDENCE

Poverty Bay Standard, Volume I, Issue 309, 13 December 1884, Page 2

CORRESPONDENCE

■Vn do not hold biirxtilvHu reKponrihlc for the opinion expressed by onr correspondents.) TO THE EDITOR. Sir,—Being in the Supreme Court yesterlay during tbe hearing of the case, Kahutia v. Barker, I was surprised to hear Judge Hl lies st ate that he had been out to see the ‘and over which Barker’s sheep had trespassed. It seems to me only natural to enquire the reason for a Judge of the Sup ..me Court taking such an all absorbing .nterest in an action about to be tried before him rs to travel a few miles in order to view he placo. Some people would imagine that it was quite time enough for his Honor to specially view the land in question, in the presence of the parties, and when requested so to do by them. Another question arises : \Vhen. was this expedition made ? Let us nope not on Sunday. I presume that it •ould not have been on Sunday as his Honor should not on that day have known what mses were coming before him, as the Registrar vould hardly hand him the papers for his oerusal, and therefore he cannot have become 1 ware that this was the land in question. If it were not on Sunday then it is a matter of extreme interest to know when the iew was taken, in fact on what day his Honor had time to go out to Matokitoki after dosing the Court ?—unless, uf course he went on Monday, which was the only day on which ihe Court closed in time to allow of a visit

there in the hours of daylight, and then only on wheels or horseback. The only rational conclusion, considering the habits and appearance of his honor, is that he was driven out. Now a very delicate question does arise for the consideration of all—HWi whom ? Whoever his conductor was it is evident that very little of the.laad was looked at, or surely land .or winch Mr. Allan- McDonald offered £GUO 1 year to lease, and which is valued by tin ?roperty-tax Commissioners at £lO per acre, vould not be called “ poor scrub land like hat,” and further, how many professional .rivers, whether of cabs or otherwise, know nough of Whataupoko and Matokitoki to •oint out with suffi -ient accuracy the land B.vned hy Riperata Kahu'ia as to authorize he statement from the Bench, “ I know the and as I have’seen if” ?’

It promises well for the litigants of New Zealand when the judges take such interest in ertain <w-es about to be tried before them is to employ guides at their own cost, in •rder to view the premi es about which there nay be a dispute. It must be a matter of egret that His Honor, Mr. Justice Gillies, •ould not spare the time to view the scene of lie fire at Reporua, and other scenes of dis>utes, in order that at tho next meeting of tbe Ridges he might report that he had followed he plan which we must presume has been laid down by those fountains of justice. But l trust that mi a future visit the judge who vill preside in the Supreme Court will employ , •. more efficient guide than the one employed as I presume) by Mr. Justice Gillies.—l tm &c., Litigant.