REMARKS BY THE CHIEF JUSTICE.

Press, Volume LXIII, Issue 12825, 8 June 1907, Page 10

REMARKS BY THE CHIEF JUSTICE.

(rilEliS ASSOCIATION- TfcLEGRAM ) WELLINGTON, June 7. In connection with the „p,-oiiitnicnt» Of Ki„^(:<,ni,srltliofollo,„, >4 arotLe reu_..ur civ«n iv tho •«*■•«' t0 tll ° U °" reiio'Mis i-it ~.-.,,.r tlie noiniii.iveniu.T.iit -.<<'o.-np<»"- "« CioiiH I.y tlw: C.iici- Jiisti«.-o l«»r tho «olcctiou lie IMS miule:— "BetorriHrf to'the nr-i-mntuicnt ol King, 1 have earnestly tcm.ideml the coi.r.*> mat has been lollon<«l in the vario.w Australian colonic or State*. No doubt New /<■_- Innd ia ".niowlK.t Anciently situated in that thero is no tor. n in winch tho Judge*-all n*«l«- This means, thoro--1 (ion, tbo creation, of what may do turned local bars. 1 luvo como to -..io conclusion that, if tho honour is to be .j .appreciated, it must not be more ext tunsively distributed than m the Au_- ' traJian States, and that ten is the lull number of couneol that ahouid bo appointed. Tins is a larger number than our population would warrant but lor the fact of there being local bars. In mentioning the names that 1 thin* should receive the honour 1 have nrst to fcwp in view tho fact that there are locftl bars, and 1 think that txie ten should be distributed as lollows:— four for tho City ot . wuere U two Jodgos ie-ide, and winch is tlio : ' ! centre'oi several judicial district, '* namely, Nelson and Wellington, mS_dii>_ in Wellington Napier, liases Bay Snd Falui-i-ton Nortii. It is slab the city of tne Court ot Appeal, which aits at Wellington three tunes a Year" 1 think under theae circumiumces there* ahouJa be tour coui_w Splinted for Wellington.. As tue - Wellington district taw* in part oi the tiouth Island, 1 wink that tour •should be appointed for the remaining !X of the Souwi Island, two ior Christchuroh and wo for DuiioUin, aim that two should be allocated to Auo_land If I »•« t« nominate barristers from towns whero no Juu&e resides, it would make tho .list.too targe, tor one could not differentiate between Napier and Now Plymouth, Invorcargill, «el*>n, Oamaru, ami Ti-wru. Ihe leadin?members of tno Bar no doubt re- ■ . stole in the chief town-, but there aro other memben of tlie Bar who, if tney were Maiding in the ohi _ towns, woukl *'- be eligible tor tho appointment. £' "The next matter that weighs with I tne in raakiug a selection is seniority and continued service at the Bar. • IHe other mutters that I have considered are that, if two candidates are equal in practice at tho Bar and each other in seniority, then I think that, ' if a barrister held a degree of a University, that ought to weigh in his *"Acting on these considerations, I ' beg to nominate"—(here follow the above-mentioned nominations). In New Zealand,' aa elsewhere, tlio distinction carries with it certain restrictions. A K.O. cannot appear in Supreme Court t'nlosa a junior from 1 outsido his own office appears with him, : nor can he appear in any inferior Court ! 7 unless upon v special retainer and ft tee 7 of at least 'ten guineas. Thia-prac-tically excludes a K.O. from nearly all the work of tho Lower Court and from £*$' the less important cases in the High ,7 Courts, since the exponso of briefing a '■-;■':■ Juniortand paying ten guineas (or lower >■' Court pases is not likely to bo borne by "..-'■ litigan'te except in largo matters. A 7. King's Counsel is further prohibited 7 from appearing against the Crown oxcopt by way of spocinl license, for which he is to pay a guinea. Iho patent, moreover, of appointment is only delivered upon paymont of five .'■ 'guineas. Among tho advantages to ..• other members of the profession of •» - these limitations upon tho most pro- • minent practitioners is the chance it gives to juniors and those not in lend- ' ' ing practice to do the work from which the King'"- Counsel is, as above indicated, shut out. The gentlemen appointed are required before their patents are delivered to thorn to take an oath, of which the following <s tho form:—"l do de- " clare that well end truly I will serve the King as one of his Counsel learned In the law, and truly counsel the King h his mattors when I shall be called, end duly and truly minister the Rings matters and sue the King's process after tho course of the law and after my cunning. For. any matter ngninst the King, when tho King is party I will tako no wage nor,fee of any man. I will duly in convenient time sneed »uch matters ns any person eh-dl lmve to do in the law isrnitu-t the Kintz n« I may lawfully do without long d"lay, tracting, or tarrying the pnrty °* '"<- ---. lawful process. In thnt to mc belongeth I will bo attendant to the Kmir/s matters when I he called thereto, so help mc God.* In England this : oath is taken in the pfeconce of tlm Lord ■ Chahcellnr by tbe Clerk of the . Crown. In New Zealand it is understood it will be taken by tho judges in tho judicial district in which the nppointeee reside. A Kings Counsel is required to wear a silk .eown nnd what is called a "scratch wig," tbe gown and wijj being the same as that worn by our judges.