REVIEW.

Press, Volume XL, Issue 5971, 1 November 1884, Page 1 (Supplement)

REVIEW.

■ . The first portion of a treatise on the Supreme Court Code has just been published. We need hardly say that &is not suited for the perusal of that eomewhat indefinite individual the general reader. The subject does not afford scope tf or much eloquence, or any humor. The book will be read by few outside of the legal profession, dealing as it does with a purely technical subjeot. But, though the nature of the subject prevents Dr. Foster from making his work very attractive to the public, still his clear simple style and excellent management make it & very readable book for any person, whether belonging to the profession or not, who desires to make himself acquainted with the procedure in our Supreme Court. There can be no doubt that such a book, if its author be qualified to write it, and if he devotes sufficient industry and care to the performance of his task, supplies a want. We are happy to say that, if we may judge from the portion now published, we think that Dr. Foster has proved that he has the necessary qualifications, and that he has succeeded in making his book vsef ul and reliable. It is hardly too much to say that the Supreme Court Act, 1882, revolutionised the practice in the Supreme Court. It was intended by the reforms accomplished by that Act to abolish technicality in pleading; and so to simplify procedure tbat an action Bhouid come on for hearing as speedily as possible after the issue of the writ, and in such a form as to ensure that the" Court shall only be called upon to decide the actual matter in dispute between the parties, and so that ao time shall be lost, or money and ingenuity be wasted, in mere fencing on questions of procedure, or in proving facts not really in dispute. Bat whether the Act will effect all that its framers intended, must depend to a considerable extent upon the way in which it ,is administered by the Bench and the Bar. Even under the old rules, results such as j these might in great measure have been attained if the Judges and the profession had administered the rules in a more liberal and enlightened spirit. A treatise such as this, especially if it should hereafter be followed up by a volume of forms and as Dr. Foster promises in bis preface, will do much to ensure a more intelligent understanding of the spirit of a new code by the rank and file of the profession. Under the old rules pleading had become so technical and practice bo complicated that Supreme Court work had fallen too much into the hands of a few experienced but technically - minded lawyers, who preserved their monopoly bjf the mystery and complication with ™nich they continued to surround all questions of pleading and procedure. But with the help. of this book no member of the profession who is at all fit to be in the profession, should have any hesitation in undertaking the entire management of Supreme Court litigation, except that, perhaps, if he has not any talent for forensic speaking, he may retain an advocate of repute to conduct the case when it comes into Court. This code is largely taken from the English Judicature Acta orders of 1873 and 1875. If, however, it were ..merely a slavish, copy of the English code, there would be no necessity for Dr. Foster's treaties,; , Tor our lawyers would hare got jaß. the required from the English Works tif Practice. But, as Dr. Foster says, "The compass of our code in larger than that of the orders. It regulates the whole system of our pleading and procedure." Not only that, even where we have availed ourselves of the English model, "we have not adopted, but adapted. Wβ have accepted the general plan, "but worked out the details -after our own fashion." A treatise, therefore, explanatory of our own code, and referring to all the English decisions, which can aid in its interpretation, must be very useful to New Zealand lawyers. The first volume, or rather the first portion just published—for evidently when complete it can all be bound in one volume—is divided into three parts. The first part deals with the commencement of actions, and is composed of three chapters, one as to writs, another as to joinder of plaintiffs, and another as* to joinder of causes of action. The second part is entitled pleadings, and evidence, arranged under several chapters, subdivided in their turn under various headings, dealing with the various matters connected with this branch of the subject. So also tha third part, entitled disposal of actions. Several chapters, similarly sub-divided, treat of the various methods in which an action can be disposed of, such as payment into Court, judgment by default, discontinuance, trial, &c. Dr. Foster'e method of arrangement is excellent. We were afraid when we first saw the advertisement of his book that he was simply going to reprint the rules in their numerical order, adding more or less copious explanatory notes at the foot of each. But plan turns put to be a much more scientific and ambitious one. His book is a treatise on our practice and procedure from the commencement to the finish of enaction, branching off constantly to short the various alternative courses which at any given point may be taken in action. The rules are weayed into the text, their number being referred to in a footnote. Similarly, a statement of the effect of English decisions is incorporated with the text, the name of the case .'and a reference to the report being placed in a footnote. Our praise may possibly not lose much of its value, if we say one or two words of censure on minor matters. In one or two places a difference in the type used for the sub-headings would have made the meaning, or rather a reference to the meaning, slightly more intelligible. For example, in the first chapter of Part I. it would have been better if the various sub-head-ings under the general heading of " Service" had been in smaller, or at least different type, so as to show that they were branches of the subject of service. Also, it seems a pity that the list of addenda and corrigenda should be so long. Still we must admit that, as there are considerably over a thousand cases cited in this portion of the book, it is perhaps not surprising that, in a first edition, there should be bo many corrections to make. No doubt* too, it is the case that proof corrections of a book so abounding in foot notes as this is aie very expensive. In conclusion, we must compliment Dr. Foster upon the great pains he has evidently taken with this book. We hope that each member of the profession will become a subscriber, and we sincerely trust that the financial results maybe such as to ensure to the learned author some return for his labors more substantial than the praise which in this notice we have so much pleasure in bestowing.

♦ " A Treatise on the Priaciples and Practice of the Supreme Court Code,"l>yCharlesJamesl?oster, M.A..LX.D., of Lincoln's Inn, Barrister at law.