Waikato Times AND THAMES VALLEY GAZETTE.

Waikato Times, Volume XVI, Issue 1330, 8 January 1881, Page 2

Waikato Times AND THAMES VALLEY GAZETTE.

Equal and exact justice to all men, Of whatever state or persuasion, religious or political. Here shall the Press the People's ripht maintain Unawed by influence and unbribed by gain.

SATURDAY, JAN. 8, 1881.

It will be within the recollection of our readers that a Judicature Commission was appointed at last session of the General Assembly. The express object of this Commission was to inquire into the constitution, practice, and procedure of the Supreme and other Courts of law, and to ascertain by what means the administration of justice therein might be rendered more speedy and efficacious. As a further, and special instruction, the Commissioners were directed to inquire whether the jurisdiction of any of these Courts, other than that of the Supreme Court, could be increased or modified in any and in what respect, and whether any such jurisdiction might be abolished, and other provision made in that behalf. In accordance with that remit, the Commissioners have entered upon, but not yet completed, their labours. With the view of affording the public an opportunity for criticising, or, at all events, understanding the direction in which these labours are tending, an ad interim report has bepn issued, from which we gather the following. The present procedure of the Supreme Court is recommended for simplification, so that the Court may be enabled to dispose of cases now heard in the District Court, with the same economy and despatch observed in the proceedings of the last-named Court. In giving effect to that recommendation, it is proposed that District Courts, as constituted, should be abolished, and in lieu thereof two kinds of local Courts established. One of these, with jurisdiction to the extent of £00, is to take the place of the Resident Magistrates' Court, with all the powers provided for by the Resident Magistrates' Act. For the other Court it is proposed that an extended jurisdiction should be supplied, probably larger in amount than that of the existing District Court. This second local Court is to provide for the requirements of districts, to which the Supreme Courtis not conveniently accessible. The feeling of the Commission palpably is, that each of these Courts of inferior jurisdiction should be presided over by trained lawyers, and although the existing state of affairs is not to be rudely checked, the intention evidently is that the present system of untrained magistrates is 1 to be allowed to die out. This is a wise provision, and one which, we have no doubt, will be fully acquiesced in by the general public. The clay has gone by when the "equity and good conscience" supposed to be a special prerogative of the non-professional magistrate can be relied upon for vindicating the legal rights of the community. Society and its interests have become much too intricate to be governed by other than a strict application of the statute law. Looked at in even a less important light, this disposition on the part of the Commission is no less commendable. We do not expect the " majesty of the law," in its strictest interpretation, to be upheld in a Police or other Court of trifling jurisdiction. Still, we have a right to expect that judicial gravity, or rather dignity, will be maintained; and the published reports of proceedings in these Courts abundantly testify to the fact that such is not always the case. The Bench and Bar, in particular, are constantly getting into collision, and to put the the thing in its mildest . aspect, the proceedings are exposed to outbursts of temper, altogether at variance with that calm deliberation which is an essential element in judicial procedure. We do not mean to imply that these unseemly exhibitions are confined to Courts presided over by men destitute of legal training. On the contrary, we freely admit that cases have arised, in' which the opposite is shown to be the case. Sill, the majority of scenes of this kind arise between the trained lawyer and the untrained lawyer acting as judge. The reason of this is obvious enough. The one is embued with some kind of sentimental notion, which, for argument sake, we will call "strict poetical' justice," while the mind of ' the other is governed by the more prosey, but less plastic principles of common law. We need have no difficulty whatever in deciding as to which of these are safest for regulating the affairs of trade and commerce. The report in question further ', recomtneiicls l thai in .Supreme Court/ 'practice formal, pleadings be dispensed with, .and the case of .claims under' £sooK]*ui'ies be also dispense^ r , with, sinless ordered by the judge; 'oV ? agi*eed' to -by the parties. Agreements for^qp^ts, as, between solicitor anil - client,; arid a scale- fixing, /lumpj sums as cost;,, are likewise reoonmiendedv *>{m. Jwjeed,

so far as - the repQri goes ifc seems to aim ut a radical, l>nt at the same time much-needed change, ooth as regards costs and method of judicial procedure. We will be told, this simplification means* increased litigation. That is no doubt true. On the other hand we would as>k : Does not the existing re.striction.samoun. to a bar to procedure, and consequently a a denial of justice to all but the more opulent.

A meeting of the Hamilton Borough Council was convened for List liigbt to devise means for suitably receiving His Excellency the Governor on his approaching visit to the district. At the time appointed, however, only His Worship the -Mayor, and Crs. Hill, Vialou, and McGrdrrigle put in an appearance and after waiting an hour the meeting lapsed, it being agreed amongst those present among whom were several prominent burgesses, that the Mayor should call a public meeting this eveniug. The advertisement calling the meeting will be found in another place in this issue. At the ordinary monthly meeting of the Hamilton Borough Council to be held on Tuesday next, the Miyor will move that the meeting of the Council be held weekly, instead of monthly as heretofore. An extensive robbery took place at i hurchill, lower Wniknto, on New Year's Eve. Mr. Bell, left his store, and on his return found it had been broken into and goods of the value of about £100 missing. The police have made dili»ent enquiries, but so far they have not been able to trace the thieves who are now believed to have been natives The Crown Grants for the Hamilton Borough Endowments have been , issued. The 'Printers' Register,' a trade journal says : — An interesting lawsuit is likely to come before the Auckland Court. Mr Douglas McTavish, sues Mr Ivess proprietor of the WaiLato Mail, for £300 damages for alleged wrongful dismissal from the editorial chair ot that journal. Mr Ivess calls in question the capabilities of the ex-South African and Indian journalist Mr H. E. Cotton sold the privileges of the Cambridge Jockey Club Summer Meeting on Thursday, at his mart. There was a good attendance, and a fairly keen competition resulted in the grand «tand, bar and dining-room realising: £40, Mr Rayneß being the purchaser ; the Good Templars' booth fetched -G9 ss, mine ho^t of the National securing them. The card* also brought £11, Mr Adams of Auckland being the purchaser ; the hoi so paddock was knocked down to Mr Hitchman for C 2 7a, and the gate* wore knocked down to Mr Adams for £-63 16s. These sums are for the two days' racinjr. Messrs Morrin and Studholme arrived in Hamilton on Thursday evening on their way to visit their extensive estate in the Piako. We apprehend that they will be highly pleased with the general appearance of their propeity, there being (an unu&ual thing at this season of the year) an abundance of feed. Notwithstanding that the best of the cattle were drafted for the Auckland market a short time ngo, there remains on the estate a lnrgo number of cattle iit for beef. Mr Coates who lias been engaged for some considerable time in drainage operations on the estate, has lowered the water in the "large lake," between nine and ten feet. The smaller lake has alho been lowered six feet, and in a few days a further decrease of four feet will have been accomplished, These drains have had a good effect locally, and have materially improved the propeity. When the cross drains, now in contemplation, have been cut, a large area of land, Avhich hitherto has been of no value will be reclaimed, and without doubt" prove profitable to the enterprising proprietors.

The difficulty which for some considerable time past has encompassed the Newcastle Highway District, is at length in a fair way to be settled, thanks to the "rood office of the member for the district, Mr I<\ A. Whitaker coupled with the good sense which certain members of the two Boards have now displayed. On Thursday a meeting of representatives from the rival Boards was held at the offices of Mcwrs Whi taker and Sheehan, Hamilton, for the purpose of endeavouring to effect a settlement of the difficulties which have arisen between them in reference to the advocation of the £1200 grant. There were present, Messrs 0. Day (chairman of the Local Elections Act Board), Dawson and Braithwaite (tncmbeis of the same body), Major Wilson and Mr J. H. M. Carpenter, representing the opposite party. Mr Whitaker M H.R., was also present. A great deal of discussion took place, Mr Whitaker urged that the first duty of all concerned, was to obtain payment for the contractors who hud done the work. This was cordially endorsed, and agreed to by all present. It was then resolved: (1) That the contractors for the works along tht Ngaruawahia and Wrutawhata road, should be paid in full of all demands : (2.) that afterpayment of the contractors, the balance of the £1200 grant should be expended on the road known aa Bonfreys ; (3) that the Board elected under the Highways Act (Major Wilson) should resign, and (4) that the Proclamation should be made valid, in which task Mr F. A. Whitaker and the resigning Board should lend every assistance. Thus it will be seeu the matter so far as the disagreement between the Boards went, is set aright, and it will now ODly be a question of a few days before the long-suffering contractors will receive their money. Taw Mao and Isome fifty natives arrived at Kaipiha on Wednesday m route to Major Te Wbearo's premises where they intend to remain a few days at Te Wheoro's invitation. Some steps ought to be taken by the Hamilton Borough authorities to hare the unsightly furze, growingso luxuriantly on Victoria-street below its junction with the Station road, removed. The appearance of the road in the locality named, is anything but prepossessing. Mr Stewart, District Engineer arrived in Hamilton yesterday, en route to Auckland from the Kotorua Road. During the whole of the last fortnight he has been very busily engaged in negociating with the natives, and we understand that he was accompanied by Major Mair. The undertaking upon which these gentlemen have been engaged was of a delicate and difficult nature, as is the case with native matters, thing? which to all appearances were in a fair way towards settlement one day, being found to be in dispute the - next. We are informed that ten natives are at present engaged in falb'ng the bush, and it is probable that the number will be increased. It is highly satisfactory to be told that these natives arej getting through the work with despatch, and in a very creditable manner. The work is under the immediate direction of Mr Hetley.

A grand 'complimentary concert -will be tendered to Mr C. B. Mackintosh, in' the Public Hall, Cambridge, on the lath insf. „ ' Petsons owing 'fees on account o^ the thoroughbred horse Hippocampus are requested to pay same at 2£r Hay's ofllce, Hamilton, before 13th i?6t. {- 1 ').<-: Sfr Wfariray, of Annandale, Fiako, ad, vertises about ?5p fat cattUs for safe. W. J. HanW aud'Oo': .wiU'hold their' £hecp FairgiQhaupo on IJursda^ January «p, "