The Westport Times AND CHARLESTON ARGUS. SATURDAY, APRIL 18, 1868.

Westport Times, Volume II, Issue 223, 18 April 1868, Page 2

The Westport Times AND CHARLESTON ARGUS. SATURDAY, APRIL 18, 1868.

His Honor District Judge Clarke toolc his scat yesterday morning, to adjudicate in bankruptcy case 3, under the Supreme Court Jurisdiction. Before any cases were called on however, MiTyler drew his Honor's attention to the alteration in the boundary of the district, whereby his Honor had no jurisdiction. Such an anomalous state of things will naturally act very injuriously on those persons who have been awaiting the hearing of their cases, and is one of those instances where by some oversight in the drawing of the acts passed in Council, the powers conferred by one, arc annulled by the other. We will summarise the argument used by Mr Tyler, which was finally convincing to the learned judge. By a proclamation from Sir G.'Grey, under date of 19th March, 18G7, and gazetted on the 21st, it was enacted that a District Court should be established on the West Coast Goldfields, to be called the District Court of Westland, in the district of Westland, the boundaries being as affects us, the river Awaroa on the south, and the river Mackay (north of the Buller) on the north. On the 21st May 1867 by an order in council, the powers, jurisdictions, and functions of the Supreme Court, or the judges thereof were to be exercised by the judge of the district Court of Westland within the district bounded as before mentioned in the proclamation of tho 19th March, and by the said order in council Edward Clarke Esq. barrister-at-law, and District Court judge, was authorised to exercise these powers in the district of Westland as before defined. On the 20th January 1868 the Governor by virtue of the powers vested in him issued a further proclamation whereby the boundaries of the district of Westland were altered, and two districts constituted as follows :—The county of Westland district to be bounded by the Grey on the north and the Biver Awarua on the south ; the Westland North district, bounded north by the Biver Mackay and south by the Eiver Teremakau. On the same date that this alteration occurred in the boundaries of the district, Edward Clark, Esq., by order in Council, was appointed District Court Judge of both districts, consequently, as the powers to enable him to discharge the extra functions of a Supreme Court are not granted to him for the district of Westland North, his power by virtue of the order of 21st May being only for the district of Westland, his Honor has no power in Supreme Court jurisdiction in the Westland North district, until a new order in Council is made. No one for a moment can, of course, believe that this is anything more than oversight, but a sufficiently fatal one to induce his Honor to adjourn the Court to enable counsel to consider what steps are best to be taken to protect the bankrupts in the meantime, as the matters which were to have been heard will have to be sent back to Nelson. The course advised was the filing new declarations of insolvency, but until the Court sits this day the course to be adopted will not be disclosed. We have pointed out the injury and inconvenience to which those persons whose cases were to have been heard yesterday will be subjected, and the point at issue is but another exemplification of the " how not to do it" principle so often adopted by Government, and for which the individuals who suffer have no redress.