PRESENTMENT.

Southland Times, Volume I, Issue 19, 14 July 1864, Page 3

PRESENTMENT.

; Tho following presentment was read by the foreman (Mr. Theophilus Heale) to His Honor Mr. Justice Chapman, on the conclusion of the business brought before them : — "The Grand Jury of the district of Soul bland beg leave to express the high satisfaction with which they welcome the first visit to the Province of a Judge, specially and permanently appointed to this portion of the Colony, and their happines that a gentleman of such high standing at tlics bar, and on the Bench, and 0110 so emmeninly known for long attachment and early services to this Colony as your Honor, should have been found to fill that high office. The Grand Jury learned frith pleasure from your Honor's charge that it is your Honor's intention, in future, to hold Quarterly Session s in Inveroargill ; and in this intention, which cannot but involve some personal inconvenience, they thankfully recognise an earnest desuv on the part of your Honor to afford to the Province tho largest measure of judicial advantages possible under existing arrangements. Still this liberal and considerate course, on the part of the judge, can do but little to qualify the regret and resentment with which the Grand Jury, in common with the great majority of the population of Southland, view the arrangement by which, while Duuedin alone, of all places in New Zealand, has two Judges of tho Supreme Court, Southland has been deprived of tho great advantage of a Resident Judge. This arrangement was not intimated to the Legislature when the "Civil List Amendment Act" was passed. It was believed to be contrary to the understanding come to in the House of Representatives, and it is the more grievous to the people of this Province, as they cannot but view it as a sequel to, and a consequence of, other wrongs done to them, by -which this Province has been I practically excluded from any voice in the Legislature, and its interests have been subordinate to those of another Province. The Grand Jury look with confidence to your Honor to alleviate, as far as lies in your power, the inconveniencies which necessarily flow from the distance of the source of law and justice. Foremost amongst these is the want of a local depository of the powers oxercisable, under the '• Debtor and Creditors' Act." — " In times of great depression there are many persons who are temporarily embarrassed by debts, often of small amount, and who, if they could be joroctected from arrest, would remain with their families, and in many instances could soon retrieve their affairs, but who were compelled by the fear of imprisonment to abscond. The frequeniy of this leads to a most mischevious eagreness on the part of creditors, to use their powers of arrest, and the results have been most destructive to property, and injurious to tho public morality. The Grand Jury are well aware that tho " Debtor and Creditors' Act " has been found in practice to be so defective that its early apbeal or amendment is probable, but the evils continually arising from the want of some local means to give effect to its provisions, however imperfect they may be, are so great and so pressing that the Grand Jury earnestly hope that your Honor will lose no time in at least mitigating them by exercising the powers of delegation conferred in the forty-eighth and forty -ninth clauses of that Act." (Signed) Theophiltis Heale, Foreman. His Honor ft ddressed the foremen and gentlemen of the G-randJuryatconsiderable length, but we have only space to notice the principal heads of his reply. He had to offer hia thanks for the welcome they had accored him on his first visit to Southland, and for their expression of approval of his conduct. The Quarterly Sessions referred to will place tho Province in a similar position to its neighbor, Otago. His Honor then commented on the expressions employed in the presentment. He took exception to the strong expressions used. He did not himself object to strong language generally, as he might himself have been guilty of having at some time used similar terms ; but as he was to be the medium of forwarding the request of the Grand Jury to head-quarters, he did not desire to be identified with, or to be considered as meddling in such an affair as this. His position as a Judge rendered it desirable that he should not interfere, but it would be his duty to forward the request to tho proper authorities. His Honor then refered to the advantages confereed on the Province by tho appointment of a District Judge. He referred to the amount of civil business in the Dunedin Court. At last Sessions, there had boen fifty cases, which had been the accumulation of three months. For the six months here there are eight on the list. The state of Supreme Court business in Invercargill compared very favorably with other Provinces. In quarterly asszeshe did not the businoss would exceed — say five criminal cases, and five or six civil cases. With reference to the " Debtors and Creditors' Act," His Honor was of opinion that it could not stand long. It does not work out even tho intentions of the legislators, who would appeal*, when framing it, uot to have been quite clear on the subject. His Honor was of opinion that the Act must be repealed, and give place to an Insolvency Act, which could bo in operation on the spot. Understanding from Mr. M. Price that it was a pressing evil at the present time, His Honor further stated that he had written to Judge Richmond at Dunedin on the subject, and declared himself willing at all times to promote the welfare of the Province. He then thanked the Grand Jury for their attendance, and dismissed them.