The Daily Southern Cross.

Daily Southern Cross, Volume XXIII, Issue 3135, 6 August 1867, Page 3

The Daily Southern Cross.

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4 TUESDA T, A UGUST 6.

w Evebt gentleman," says Coke, " ought to " know a little of the law," and, " perhapß," adds the author of the " Comic Blackstone," *'the less the better." Probably moat people will consent to the dictum that it is to be desired " for everyone to know as much " of the law as would jkeep him out of it." Practically, few outside the legal profession have this requisite knowledge, and as the lives, liberties, and property of every member of the community, when questioned or endangered, are entrusted to the bar, and through its intercession all manner of disputes are settled, the status of this formidable body is a matter of some moment. In a recent article, we contended that the large additions continually being made to this learned phalanx in Auckland would probably have the effect of lowering its tone, and we suggested that some approach to the practice of dividing the bar, as at home and in the Australias, would have a good effect. To this it may be objected that we should then have the whole patronage of the bar thrown into the hands of the solicitors, which may be deprecated by many ; but it is pretty certain that in the old country the solicitors usually select the beßt men as advocates, the exercise of whose profession is carried on for the most part in open Court, before the eyes and ears of the profession, the ever-vigilant press, and the public. There is, therefore, little fear of an incompetent man attaining much eminence, though no doubt any young barrister at the outset of his career would have considerable advantage over others not 130 fortunately situated, if he possessed a little of that mysterious thing called "interest" with a few attorneys in good practice. If, however, he were not able to hold his own when -^c got it, he would soon sink to the bottom. It is, moreover, by no means absolutely necessary to possess this influence to get a start. In English Criminal Courts, if a person be undefended, and the case be one of ordinary character, the junior barrister in Court is generally selected to conduct it on behalf of the accused, and is paid for his services. Indeed all " interest" is of little value at the bar, before that force of public opinion which rejects all tests but its own. Of course here and there a really competent man languishes in obscurity, which is not surprising considering how the profession is overstocked ; but the same may be said of all callings in the old country, where " the race is not " always to the swift, nor the battle to the " strong.neither yet bread to the wise, nor yet "richestomenofunderstanding,noryetfavour " to men of skill f and so we presume it always will be. As a rule, however, the English system does, for the most part, bring 4he best men to the front, and the status of the British bar is well kept up. Moreover few, if any, who are not well-educated men, and by far the greater number of them memT>ers of the Universities, seek entrance into the Inns of Court ; and anything like an indiscriminate rush to either branch of the profession would, no doubt, be discouraged. Here, as we are likely to have, in proportion to our population, a larger number of lawyers than even in England, it is very desirable to impose all reasonable obstacles in the way of overcrowding, and to reject every objection- j able or incompetent candidate. The sole responsibility, at present, rests with our acting Chief Justice ; and, with every respect for Ids Honor's integrity and attainments, we cannot help thinking it would be better if some sort of Council of Legal Education were associated with him, to superintend the education and admission of candidates, composted of the leading members of the , Bar, with, of course, his Honor as president, who should, before granting certificates, see that each applicant is a scholar of average attainments, and a gentleman of respectability, as well as moderately learned in the law. Pew would for a moment argue that a certificate should be withheld from the humblest member of the community if nothing were known really discreditable to him in respect to character, conduct, and attainments ; but that every oandidate should come tip to a&ir standard in these particulars is a consummation devoutly to be wished if the credit of the Auckland Bar is to be maintained. The doings of one or two Auckland practitioners, who have happily left the country, have been the subject of much comment, and the criticisms passed upon them have not tended to raise the character of the provincial bar in public estimation, We argue

that the probable influx of far too many lawyers to find legitimate business will tend, if considerable checks be not established, to lower the profession still more. The recent case of Chapman v. Nicol disclosed the faot that several deeds relating to real properly were forgeries ; and a very strong imputation, amounting almost to a certainty, is raised by the evidence, that the fraud — one of the most serious known to the law, and a capital offence not many years ago — was committed by one of those legal Pariahs to whom we have referred as having, happily, left our shores. Why one of them was allowed to go unscathed has also been a question not unfrequently asked by the Press and the public. He has gone, however, and as far as he is concerned nothing more can be done here ; but if his career, and that of his learned friend, combined with the sort of simultaneous rush now going on towards the Supreme Court, shall lead to such alteration in the mode'of admission here of barristers, attorneys, solicitors, and proctors, as will assimilate it soriiewhat to the practice of England and many of the colonies, a great good will arise, as great good often does, from much evil.

The s.s. 'Lord Ashley, ' Captain Worsp, due here last evening from the South, via Tauranga and Napier, had not armed up to a late hour laat night. Yesterday Mr. John Ken* was duly elected as the representative of the Pensioner Settlements in the House of Representatives. Mr. Jackson, who had come forward as a candidate, was found not to be on the electoral roll, and therefore not eligible. Mr. Kerr addressed the electors ab some length on the most prominent topics of the day. The usual fortnightly meeting of the City Board wai held yesterday, when there was a full attendance of membeis. Several letters were read, the most important of which was one from the Provincial Secretary, requesting immediate steps to be taken by the Board for a settlement with the Provincial Government of the whole of the interest and sinking fund now overdue. The motion of Mr. Hill in reference to the City Board Act was withdrawn, and notice of another motion of like character given in its place. The motion to refer to the Finance Committee the question of removing the banking account from the Bank of New Zealand was carried. The Secretary stated that only two persons had been incarcerated for non-payment of rates, and gave an explanation of their cases, under what circumstances they had been committed. Returns in reference to ■ewers and arrears of rates were called for, and ordered to be furnished. A new gas lamp was ordered to be placed at the junction of Wellington and Nelson-streets. A motion was made having for its object the facilitating the establishment of a Corporation in Auckland as soon as possible. At the conclusion of the business, of which a more detailed account will be found in anothtr place, ttie Board adjourned for one month, having no pressing matters before them. The monthly meeting of the New Zealand Agricultural Society will be held this afternoon, at three c'olock, at the Criterion Hotel, Otahuhu. The committee of the Acclimatisation Society are about to erect in the Domain, with the least possible delay, an aviary and curator's house, tenders for the construction of which, according to plans and specifications prepared by Mr. Wrigley, architect, are to be sent in on or before Friday next. The aviary is to be built on a site in the Domain set apart by the Board for that purpose. It oomists altogether of feur and a half acres, and is pleasantly situated near the Domain grazing ground. The land is being cleared and drained, and tenders have been called for the best designs for laying out the grounds in the most ornamental and attractive manner. There are to be two entrances to the ground, which will be fenced off from the Domain, and a trifling admission fee will be charged, with a view of helping the project. The aviary will consist of a neat building, containing two apartments for birds, each 12 feet x 14 feet, with wire netting extending to a height of 8 feet on the top. On each side of the apartments are houses for the birds to roost in, which will be carefully fitted up. The curator's house, which will be occupied by Mr. Brighton, overlooks the aviary. The committee have in their possession plans of a muoh larger and more suitable building for the purpose, but want of funds compels them, for the present at least, to adopt a less expensive design, in the hope of being able shortly to replace the same by more suitable and ornamental buildings for the purpose. We are informed that the only insurances effected upon the properties in Grey-street destroyed by fire on Sunday afternoon last were upon Mr. Dunning's bhops for £300, in the name of Mra. Harmon, mortgages; and £100 in the Royal Insurance Company on the same buildings » The usual weekly meeting of the Northern Separation and Reform League was held yesterday afternoon, at two o'clock at Cochranes Buildings, Fort-street, Dr. Merrett in the chair. A report of the business transacted will be found elsewhere. We have been requested to call the attention of the City Board to the unfinished condition in which the kerb, gutter, and pavement recently commenced on the west side of Queen-street have been left opposite the premises of Messrs. Katon and Dewolf. The pavement has been raised from eighteen inches to two feet above the old level ; the consequence being that, on the occurrence of every shower, the water, which should pass down the gutter to the se», is dammed up opposite Messrs. Owen and Graham's premises, and finds an outlet through the store of Messrs. Eaton and Dewolf, greatly to the damage of goods stored on the basement. An adjourned meeting of the creditors of William Avery will be held this afternoon, at two o'clock, at the office of Mr. Wynn. John Wallis and William James Montgomery Gater were apprehended at Riverhead yesterday, by Detective O'JBara, on a oharge of breaking into the store of Robert Workman, at Kumeu Flats, near Riverhead, and stealing property therefrom of the value of £15. It appears that the store had been broken into on Friday night, or early on Saturday morning, and a quantity of provisions and articles of weaiing appatel stolen. Information of the occurrence was sent to Auokland, and Detective O'flara was despatobed on Sunday to institute inquiries, the result of which was the apprehension of the prisoners with some of the stolen property in their possession. Both prisoners were brought to town last evening, and will be taken before the Resident Magistrate this morning. The Amateur Dramatic Society gave a performance at the Prince of Wales Theatre yesterday evening, the pieces seleoted for presentation being the nautioal drama of " Tom Cringle," and the capital burlesque extravaganza entitled "Chang-Ching-Fou." The former piece belongs to the heavy school, mainly depending upon the scenic effects to ensure its success. There is one good low comedy character in it, however — that of Gipsy Jack, which was very amusingly delineated by Mr. Piesse. The scenic effects were by no meant bad, and it is a pity that thej did not work somewhat moie harmoniously. The burlesque was well dressed, and, considering the faot of its being an amateur performance, pretty fairly represented. The entertainment will be repeated to-morrow night. The Colonut, as an instance of the effects of the bad weather and the state of the Wellington roads, quotes the case of a young lady who, while attempting to cross a. street in the vicinity of the residence of the Premier, became so embedded in mud that the operation of "digging out " had to be effected before she was released. A meeting of the creditors of Mr. George MeCaul was held yesterday, at which the creditors present, by unanimous resolution, expressed their willingness that the petitioner should obtain immediate relief. A person named George Cavanagh was apprehended yesterday by constable Spray, of the Onehunga district police, charged with stealing a sum of money from the person of a man named Abercrombie. It appears the prisoner was stopping at a lodginghouse with the last-named pert>on, and is supposed to have abstracted the money from his pocket whilst he was asleep. Information of the robbery having been given to the constable, prisoner was traced to Auckland, and apprehended last evening with the greater portion of the money, amounting to several pounds, in his potsession. Prisoner will be brought up before Captain Symonds, Resident Magistrate at Onehunga. Madame Mohler's Concert is fixed to take place on Thursday evening next at the Mechanics 1 Institute, when will be performed Schiller's "Lay of the Bell," by Rombergj an# a miscellaneous selection of wusio,

At the Police Court yesterday, Captain Scon was lummoned by Ann Wood, » passenger by the brig I Flying Cloud,' for a breach of the 49th olause of the Passengers Act, 1855, by not giving her subsistence money for herself and two children »ince the 2nd of April last, on which date the vessel was to have ■ailed for her destination. The case was only partially heard, when it was adjourned until tomorrow, for the evidence of Captain Williams, of H. \L. Customs. Mr. Wynn appeared for the defendant; the complainant was not represented by counsel. His Worship said it was not expedient that he should be made the prosecutor under the circumstances, but the absence of counsel would appear to leave him no alternative. We believe we are correct in stating that the Acclimatisation Society hate recently been placed in possession of a male golden pheasant, and which is now under the care of Mr. Brighton, curator. A brace of pheasants, male and female, were shipped for the Society, but the female died before reaching Auckland. M«eting« of 'creditors in the estate of George Naylor and Joieph Sinter will beheld on Friday afternoon next, at {the offices of Mr, A. Bereridge, solicitor. The creditors in William Guird's estate will meet this afternoon, at three o'clock, at the office of Mr. F. M. P. Brookfield, for the purpose of appointing a trustee. Mr. S. Jones will sell by public auction to-day, at II o'clock, at his mart, 1,000 choice grafted two-year-old fruit trees, &c. Mr. 0. Stichbury will sell to-day, by public auction, at his stores, at 11 o'clock, paper-hangings, iron bedsteads, English and colonial-made furniture, plated goods, &c Mr. Alfred Buckland announces that he will sell today, at 2 o'clock, at the Triangle, steers, heifers, sheep, &o. Messrs. C. Arthur and Son will sell to-day by public auction, at 12 o'clock, a freehold allotment in Earangahape Boad, on which is erected the shell of a house. Messrs. Turrell and Tonks will hold a trade sale to-day of boots and shoes, at 11 o'clock, at their mart j also, at 12 o'clock, allotments and houses in West-street, Newton ; Cox's flax mills at Whangamarinoj Caledonia' Hotel, Grey-streetjandlandat; Waitakerei, Pokeno, Whau, &c.