A JUDGE ON TECHNICALITIES.

Taranaki Daily News, Volume L, Issue 61, 26 November 1907, Page 2

A JUDGE ON TECHNICALITIES.

"DON'T BLOW UL> THE SHIP."

The suggested abolition of the District Court system was perhaps responsible for the attitude taken up on Friday by Mr. District Judge llaseldeii. The damages ease was prnceeding, and .Mr. Ilntclien, counsel for the plaintiff, objected to the admission of an amended' statement of defence, on the ground \ that it had not been tiled in the lime al- j lowed by the rules of the Court. .Mr. lioy suggested that the Supreme Court rules might be followed, but bis Honor said that, unfortunately, this Court was bound strictly by its cast-iron rules, and the amended statement could only be admitted by consent of the oilier side, lie thought, however, that .Mr. llutchen should waive that objection. Mr. Jfutehen declined.

I Lis Honor: If you gentlemen want the District Court, and I presume you do, you must make it as useful as you can. You must not, as I said al Dannevirke, "blow up Hie ship." . . Remember that I have to conduct, this as a court of justice, and I'm not going to allow an injustice to be done on a technicality if I can avoid it.

Mr. llutchen said he objected on principle.. His Honor: As a matter of principle, people had better keep out of this court if they want to take advantage of a technicality. Mr. llutchen: .My learned friend I should comply with the rules, your Honor.

The Judge, testily: Of course he ought to. We all ought to, but none of us do.

Mr. Roy' said this had licen a coinplicated case. He had not had too much time, for he had received the statement of claim upon the last day which enabled the plaintiff to proceed in this court.

His Honor: T hope litigants won't come to this court if they are going to behave like this.

Mr. llutchen said he didn't see why | he should give way. His Honor said' he expected more reciprocity amongst nicmliers of the profession. The want of it was ruining the District Court. He wanted to make this a useful court, and the practitioners' assistance was essential. This was an opportunity for a member of the profession to help. He reminded Mr. llutchen Hint tjiere were plenty of pitfalls awaiting him. Mr. llutchen: I'm prepared for them.

Judge Llascldeu, in concluding, said that-Mr. Hulchen objected on principle to admit Ibis amended statement. It was on principle that he (the judge) thought the objection should be, waived. Tlic amendment was not permitted.