JUDICIARY BILL.

Dominion, Volume 1, Issue 310, 24 September 1908, Page 4

JUDICIARY BILL.

♦ —" A NEW APPEAL COURT. DISTRICT COURTS TO BE ABOLISHED. The Judiciary Bill, which liaa been introduced by tho Hon. Dr. Findlay (AttorneyGeneral), has, after prolonged consideration by Cabinet and by the judges, been' placed in circulation. It has been altered a good deal since its first appearance last session. On tho Bill coining-into force as an Act (January 1, 1909),' the -Court of Appeal will cease to consist of the judges pf the Supremo Court, and will consist of three judges, appointed by tho Governor on behalf of his jMajesty. They will not be also judges, of the Supreme Court. One of the■ tlireq will bear the title of Chief Justice" of New, Zealand, and will bo the President of the . Court of Appeal. The Chief Justice of New ' Zealand and the other judges of the Court of Appeal will bo styled Justices of Appeal.. v The judge who at' tho commencement of the Act is Chief Justice of tho Supremo '.Court - "will thereupon becomo Chief Justice, of New Zealand and a, Justice of Appeal, tlio former office being abolished. During tlio absence of the Chief Justice or his inability "to act, 4iis duties and powers will devolve upon tho senior Justice of Appeal. The order of precedence ,of Justices of Ap- . peal is' fixed according to seniority' of appointment. , Two of the present .puisne ]udges are to be appointed' Justices of Appeal, and automatically ceaso to be judges ' of the Supremo Court. Tho salary of the Chief Justice will be '£2000 -per annum, -and tho- other-', two Justices of Appeal will each Tecoivo £1800" each. , . .... .

During tho absence or' incapacity of,, any "-'Justice!-of Appeal, tho Governor may ap- . : , point a Supreme Court judgo .-'to v take his '•'place, but the judgo so appointed; shall not ,'j'aoal with any' caso that' has previously been before him. In cases thq, .Governor may authorise judges of the Supremo Court to sit'with' Justices of Appeal. ' .. . Any two or more Justices of Appeal may; act as the Court of.Appeal, but two at least 1 must'coricur in every - decision ;.! of. . that "' Court. . ■ Thb. : Siiprcmc Court-i3 to consistVof fourJudges, each of whom is to receive £1800. per. annum. After the constitution of. tho Appellate Court an additional judge is to be' ' 'appointed. . After January 1, 1909, no action for recovery of .any debt or damages-is -to be commenced in a District Court, and no person shall bo committed Jor.,t rial before 'a.'District. Court. vjv On March 31. i-jO9. the District Courts will ceaso to ' exist, r .-and p actions pending therein will bo-'transferred 1 to the -Supremo Court.

SOLICITORS INTERVIEWED. THE PROPOSALS CRITICISED. A number, of; legal practitioners w«re interviewed, yejtcrday by . a ' Dominion., reporter with'respect to the, provisions of the new Judiciary Bill. : r ' • An Admirable Proposal.- ,' Mr. H. D. Bell, K.C., thought that the proposal!to establish a separate Court of Appeal ; wa's 'an admirable one. .As ho occupied' the .position of Crown' Prosecutor' lie could.-,not, however, discuss ' the"provisions of tfio measure. : - Separate Appeal Court Favoured. •■.•"Mr; Quick regarded' the District Courts' as; being superfluous. In his' opinion, tho Judges of the Supremo Court/on circuit and tho magistrates could do the business at present''friinsactcd in tho District "Courts. The volume of business warranted the establishment of a separate" Court" of' Appeal. Its establishment might mean an- increase of work for tho- SupremevCourt judges, • but it had to be remembered that • judges would not bo required to neglect their circuits by having to visit • 'Wellington periodically tor tho purpose of hearing appeals.

.rh -.District'.CourtsUnnoccs'sary." irry; :¥ori:j!p!a : ast /saitl ; all /members, of.-the. • legal•'profession 'would agree th'ht 'it' was 1 desirablc'ihi:District Courts isbould'bo.abol- ' ished'l -(Thore./cjould bo, no' doubt but' that. ... that. Court ;had outlived.'the .usefulness which '-'-it a.fc'/qnSjitinje 1 had!" ' TKo 'meisurp :.was..inhis. pJin!feit'4'^atimpioVbmoiV.6ii'' : the Bill', v circtoeaXlas|.sME.T,^ would-..-'Appeal, :Compbsqd '.of judges/.'who 'would ?de-' • vote Jthb-.whole:.' of'ltlreir 'atten'tibn '/to appeal cases* // Although'; thd ---business/of jtlio sCoiirt . .of Appeal:.was'- infcrcasirig'J^very'fas'ti"; l it. Avhs.' 'a ; question .'^whether!,.'the /'volumb ;of Tapiiihl' < work, was "at present large enough to keep . ; three'judges fully. occupied. ■' - Dofaot In the M.sasuro,, . , . Mr. Levi remarked that however it might, ••bo'in other centres it would 'be impossible ■;> for " one-'Supreme Court jud.ge to overtake the -work iii Wellington and attend ,to ..the ; circuit- work which belonged Jto'; th'o/:"district. At 1 times even ,j.wo or three: judged had; been unablo to copo with the work in this district, and the fact thatlthe judge, would bo rclieveu / from.' Court- of--Appeal- work. would '. riot/-bo sufficient to remedy 'the 'defect.' : Oii "tho'. . other ; hand,' the proposed Court of Appeal • would not' have' sufficient work to keep it: occupied tho whole year round, .so-that,there ■would be three judges with'insufficient business to transact,'and four with too much , to do. Then again, judges of tho Supreme Court would in addition bo also required to do the work which at present fell to the District Courts, which it was agreed should, if possible, bo abolished.

• Inadequacy of Judges' Salaries. Mr. T. Young, president oftho'Wellington Law Society, pointed out. that except for the abolition of tho District Courts—a change which, would meet wUh-.ahijost universal ap-J proval—the new Bill merely adopted .-.the Eng- j lish -practice as to the. constitution of tho Supremo Court- aiid Court of Appeal. At present in New Zealand all the judges of tho Supreme Court sat in the Court of/Appeal, but under tho new measure, there would bo four judges constituting tho Supreme Court and three'other, judges who woiiid constitute tho Court -of Appeal..., This would havo tho advantage 1 that tho-Court of -Appearwould sit continuously, and the other centrcs would not be deprived 'of their judges for'fire or six weeks three times a \ car, as they'were at present. The provision that tho Justices of Appeal should bc-chcsen from the judges of tlic Supreme Court—the Chief Justico from tho Justices of ..Appeal—was; a very satisfactory one, and ensured thai the Justices would bo' -.men - .of judicial experience. Another provision to '.the effect, that judges should not hear appeals from. ■ themselves would meet with .approval. It/wy/v. hoped, however, that the salaries woulcT'bo'increased so as to make'it worth : while for the most qualififd men at the Bar from time to time to accept appointment. . In conclusion, Mr, Young said that ho doubted jf , four/judges would be ablo to cope -with all ;tho Supreme Court work, and if- the; Justices of Appeal would have cnoush to do'at present, lnit that matter could, 'perhaps, bo adjusted! Fowe'r Appeals Predicted. ' Mr. T. P. Martin, bpunsel to tho Municipal 'Association and • the.' Counties' Association-, favoured the establishment of' a separato Court of Appeal, which would sit continuously. If that wero .done appeals would, ho said, bo more speedily determined, and tho congestion of business in the various districts owing, to. the periodical , absence therefrom of tho-judges to :attend tho presont Court of Appeal would./be relieved. Tho measuro in that respect' followed tho English precedent. It might happen that there would be a greater number of appeals if tho parties had not to wait so Ion;; for them to be heard. In important eases the judges frequently requested the parties to take tho oase direct to the Court of Appeal, which, under tho present system, involved considerable delay. "In his opinion the'business of the Court of Appeal as 'at present constituted was necessarily transacted with a certain degreo of haste, a circumstance that leil to more appeals to tho Privy Council than would bo enteral had the judges..of the Court of Appeal timo for greater deliberation. f(io Dmt-j'w i|v the Supremo Cburt • in tho

United States was for judgments to bo printed in proof and circulated among tlio judges:for consideration, and tlio judgments wero'finally' determined upon at a meeting of tho judges. This condition of things was, of course,, impossible .in Now Zealand under present arrangements. Ho was also strongly of opinion, that -the salaries at ' present paid to . tlio; judges were'vqry inadequate. Liko other, persons' in receipt of fixed, incomes judges -,h'nd -toliear tho, groatly-irtcrcased cost .'of-'.livin;j! without, a-'corresponding increase in emolument, -wlufih wns secured by persons . engaged in otlnr,'professions' and businesses. ' . .. :

A. Counter-Proposal. Mr. Menteath said lie thought the District Courts, were an antiquaited anomaly. The procedure in connection with them was, ho said, far nioro difficult and technical than that of , tho .Supreme CouA, and their jurisdiction was very limited. that District' Courts were not required was to bo found in,the fact that tlio- number of judges for them -had been gradu ally reduced, until it was now at vanishing point. Local waiits could, he held, be quito rri lequately met by ft, slight extension of tho Supremo Court circuits and.the appointment of magistrates competent'to undertake- 1 tlio extended jurisdiction under the Magistiato's Court Act, which might bo amended so- as to assimilate tho procedure in cases- for over a certain amount to that at present in tlio Supromc Court.- For example, statements of defence .should require to, bo filed ii ■; connection with certain-cases or;.in cases involving more than a certain amount.. With ragard to tlio proppsal' to establish a separate Court of. Appeal, lie said the one great of tho present-Court of Appeal wje.thatit brought 'the'judges together periodically, and enabled them to gain the views of one another upon tile!.application of the law ''to the-constantly changing condition' of society. The constitutionvof ,!the proposed Court of Appeal would tend to; create an invidious-, distinction between members of tho Benini, or rather to "create a 'distinction" between ; members which inight be. invidious and harmful to tho pub.lie interest. It might bo thf.t the summon--1 ing of nil tho judges from their respective pircuits to the . present Canrt of Appeal caused unnecessary inconvenience out of pro : portion to tho advantages to bo obtained. In ■ his-'opinion-tlie best course to a.dopt would be to let the judges take.it in turn to form the Court- of Appeal.:' 'Olio' judge' in 'excess of the number to mako'4'quorum might be summoned,' and if any judge happened to.be present whose "decision ' was being appoaied .against, the extra judgo could take Ill's seat. If that system-were adopted it would enable the. advantage of inter-communie.'ition between the judges to bo preserved without undue inconvenience, and it would preserve' the equality of tlio status of tho judges. A sitting of the Court of Appeal four times a year ought to meet all reasonable requirements for a-population such a.s that of the Dominion.'-■ • > •