MONDAY, JANUARY 3, 1881.

Evening Post, Volume XXI, Issue 1, 3 January 1881, Page 2

MONDAY, JANUARY 3, 1881.

JUDICIAL REFORM. • 7T" Oh Thursday last we published a digest of the principal conclusions at which the Judicial Royal Commission is understood to have so far arrived. It will have been observed by all who carefully studied the bearing of those suggestions that they tend entirely in the direction so earnestly deaired by the public generally — namely, the cheapening, shortening, and simplifying of our judicial procedure. At present, the maxim that " there is no wrong without its legal remedy," which is put forward so complacently by the profession, too often proves a delusion and a snare to the unhappy litigant who confidingly seeks redress at the hands of the law. He is indeed a lucky man if he do not soon discover that he would have been wiser rather to bear the ills he had, than to fly to others that he knaw not of. In the large majority of cases he finds that in seeking (and perhaps even obtaining) compensation for one wrong he has only encountered another still more bitter and more costly; that in his dislike to submit to pecuniary loss, he has incurred a loss twice "as heavy ; that in thus seeking to avoid the Scylla of submission to injustice, he has fallen into the Charybdis of law-costs, or, to use a more homely simile, he has escaped from the frying-pan only to jump into the fire. Of how many weary and ruined suitors is this the melancholy experience ! It is notorious that in most pases litigation means ruin for one of the litigants — often for both. Meanwhile, the lawyers wax fat. They greedily swallow the oysters, 'and graciously -permit their clients to regale themselves on the shells. But, alas, oyster shells, although they contain much phosphorus, do not in themselves* form a nutritive or digestible diet, and it is, therefore, scarcely surprising ttiat the patients should at length grow impatient, and should raise a loud and angry protest against the continuance of this order of things. It is not a little singular that an eminent lawyer should have been the chief mouthpiece of these malcontents, and should have been one of the first to raise, in unmistakeable terms, the battle-cry of the crusade against " rascally bills of costs." Mr. Tbavers' speech will not readily be forgotten, more especially as, with characteristic frankness, be declared his intention of profiting personally by the state of the law so long as that allowed him to do so. The outcome of this long-standing and acutely-felt grievance has been the Royal Commission now sitting on our judicial procedure, and we have already summarised som9 of the chief results to which the labours of the Commission have so far led. If these recommendations assume practical and operative shape by being embodied in the needful legislation, the Commissioners may well exclaim, " Nous anoua changS tout cela .'" The first important proposal of the Commission ib, "That the District Courts, as at present constituted, be abolished, and that the present procedure of the Supreme Court be modified, so as to enable cases now disposed of in*the Supreme Court to be disposed of as quickly and cheaply as they now are in the District Courtl" This is the key to the whole matter. The grand desiderata are " quickness " and "cheapness" in law proceedings. The object of all litigation must necessarily be, in one shape or other, the redress of a wrong, and what is desired by the public is that they should not have to wait weary months, or even years, for such redress, or to spend thousands of pounds in the attempt to recover hundreds. The suggestions which immediately follow tend in the same direction. The Commissioners advise — (1) That " The Matrimonial Causes Act, 1867," be so amended that one Supreme Court Judge have the jurisdiction now exercisable by three or more Judges. (2) That there be local courts in New Zealand — (a) with an ordinary jurisdiction up to £50 in cases of claim for money, subject, however, to exceptions hereafter mentioned ; (6) with an extended jurisdiction in like claims up to ,£200 ; (c) that only barristers have the extended jurisdiction, but that the Resident Magistrates, not being barristers, who have an extended jurisdiction up to .£IOO under the present Resident Magistrates Act may be allowed to retain such ; (d) that theca.be also extended jurisdiction in the following cases, viz. : In partnership disputes where I the amoant involved doeß not exceed .£2OO, and in cases where the title to land is in question, and the land does not exceed £200 in value. (3) That no cases oe tried in limited jurisdiction, save for the claims, qow triable under the present Resident Magistrates Act, and none in extended jurisdiction save for those triable in Distrint Courts and those above specified. With the object of rendering more complete the procedure of the inferior Courts, it is proposed that in all cases over .£SO in the local Courts a short statement of defence should be lodged in the Court before hearing, and that in all cases in the extended jurisdiction in the local Courts, at the request of either of the parties, a jury of four shall be summoned, as in the District Conrt at present. On the other hand, to simplify, cheapen, and expedite proceedings in the Supreme Court, it is recommended that in all cases there be no formal pleadings, save particulars of claim and statement of defence ; and that in all cases where the amount in dispute is under £500, the action be tried without a jury, unless one of the parties request it or the judge order it; then only by a jury of four. Further, to render reference to the Supreme Court unnecessary in minor cases relating to the possession of properties of small value, it is suggested that lie local courts in the extended jurisdiction should have summary power for the recovery of possession of tenements up to £100 rental. In *^ard to law costs, the Commission recor-^r.ead (1) that solicitors be allowed to mal e arrangements as to costs, the agreement not to be taxable, but to be liable to be set aside or modified in a summary way by a judge in Chambers if shown to have been induced by fraud or misrepresentation. (2) That a scale of costs be prepared to cover costs between party and party in the Court of Appeal and the SnpremelCourb, fixing, so far as possible, a lump sum for every action and proceeding, varying according to the nature of the proceeding' and the amount claimed, and recovered on somewhat the same principle as is now followed in the District Court. (3) That the plaintiffs proceeding in the Supreme Court in cases 'where the local courts have jurisdiction do not recover greater costs thanvifcfey wonld have recovered in the local oifora if 'the judgment be less than £50, unless the Joflge otherwise order. The suggestions we "have noticed practically cover most of the ground on which judicial reform has so long been desired, and there can be no doubt that if permitted to pass into law they will afford

enormous relief to that portion ot the oommnnity — no small one either — which is compelled to commit its interests te the tender mercies of the law.

A slight shock of earthquake was felt in Wellington this morning at half -past 8. The movement was of a tremulous nature, and the direction was north and south. The shake was felt in other parts of this island, and is described as having been " sharp " at WanganuL No authoritative time-table regulating the Galle-Brindisi service for the year 1881 has ias yet been issued. As it is more than probable, however, that existing arrangements will be continued, a sort of unofficial or provisional time-table has been prepared on the basis of that for the year 1880. With the departure from Bluff Harbor on the 11th February, and the arrival in Wellington on the 4th March, 1881, the existing agreement with the Union Steam Shipping Company for conveyance of English Brindisi mails between Melbourne and New Zealand expires, after which Brindisi mails will be conveyed by chance steamers to and from Melbourne. The arrival and departure of mails at and from Melbourne and London by the steamers of the Orient line are also given. Specially addressed correspondence intended to be forwarded by Orient steamers from Melbourne will be forwarded from New Zealand by the hist steamer timed to reach Melbourne before the departure of the steamer of the Orient Line. If marked "Via Naples," letters, &c, should reach London seven days earlier than if taken on to Plymouth by steamer. The following gentlemen failed to respond to their names when the Grand Jury was being made up at the Supreme Court this morning, viz., Messrs. J. R. George, W. H. Kennedy, and J. Cudby. The first-named put in an appearance a minute or two afterwards, and, by offering a reasonable excuse, escaped without punishment. The others were each ordered to pay a fine of £5, unless they could affoi-d a good excuse for their non-attendance. Subsequently Mr. Kennedy also turned up, and said other business had caused him to forget that he had been summoned to attend the Supreme Court, Accepting this excuse, his Honor ordered the fine to be remitted. The storm prophesied by Captain Edwin for Saturday seems to have just Bkirted Wellington. At the time a light N.W. breeze was blowing in Wellington, Pilot Sims endeavored to take the ship Hermione ont of the harbor. He found, however, a heavy southerly gale, accompanied with rain— just the weather prophesied by Captain Edwin— prevailing at the Heads. The Hermione consequently had to take shelter in Worser Bay until yesterday morning, when she managed to get away. On Saturday, before Dr. Diver, J.P., two drunkards — Dennis Maloney and Henry Williams — were convicted at the R.M. Court and discharged. Dr. Harding, J.P., occupied the Bench this morning. Michael Murphy, charged with drunkenness, was let off with a caution ; and John Conyers, for a similar offence, was fined ss, with the usual alternative. William Beasley appeared in answer to a charge of being an idle and disorderly person, but the Bench decided to give him another chance, and he was allowed to go at liberty. For using obscene language, Daniel Stowe was ordered to pay a fine of £1, in default to undergo seven days' confinement ; and Henry Hansen, charged on remand with having stolen several owfcs. of Muntz metal, belonging to Mr. D. M'lntyre, was further remanded till to-morifcw. There were no civil case 3 for disposal. William Ashbridge, a man employed under the Harbor Board, found a pair of men's boots while going to light the lamp at the end of the railway wharf on Friday night. The_ boots have been identified as the property of a seaman belonging to the schooner Fleetwing, one Walter Ricketta, who has not been heard of since Thursday afternoon. Eicke'tts is described as being 23 years of age, possessing sharply-defined features, and being about sffc 6in in height. The matter is now in the hands of the police, who' are assiduously investigating the circumstances. As mentioned by us a fortnight ago, the Government fulfilled a promise to a recent deputation representing the Good Templar Order by issuing a circular to the heads of the Police Department requesting the exercise of extraordinary vigilance for the detection of offenders against the liquor laws, especially with regard to Sunday traffic. Acting on,- Superintendent Sl'aarman's instructions, several police constables yester.day visited a number of pubiTc-houses in Wellington, the licensees of som» of which, we understand, were caught "napping," and will' consequently' be proceeded against so soon as theinecessary arrangements shall have been matured. The alleged violatpre of the law number about half a dozen. Af; present we ars not In a position to furnish natuea,- bat it ii said, that.amosg the number 'are the landlords of the leading hotels in the city. The informations will probablj%be heard at the KM. Court in the course of three orfour days. ""''- - - - The private telegram agency of Router's Telegram Company(Limited), hitherto carried on by Mr. Carroll, has been transferred to the company's .office, -Grey-street, and will in fnture be conduefcedjbythe courteous looal< agent, Mr. Ernest E. Collins. An advertisement on the subject appears in another* column. t, A little boy, named Robert Geo. Criohtbn, left his home in George-street, off Tinakori Road, on Friday morning, and has not since been heard of. He left the house at about half -past 7, stating that he was going to the bottom of Molesworth-street. Subsequently he appears to have told a companion that he was going to Picton in the Arawata. He hadno money with him, and nothing is known which is likely to have induced him to leave his home. The mother is naturally very anxious about him, and will be glad if any information concerning his whereabouts is given either to herself or the police. The missing boy is described as being ten years old, tall for his age, with dark-brown hair, black eyes, and dark complexion. He wore a grey tweed suit, straw hat, with blue ribbon, striped Crimean shirt, and elasticside boots. [Since the above was written, and just as we were going to press a telegram was received from Napier to the effect that the missing boy was accidentally carried on to that port in the Arawata after the Picton excursion, and has turned up there all safe and well.] . Passengers leaving Wellington by train on Saturday were surprised to find that the hulk Camilla, which had for a long time been moored off Kaiwarra, had disappeared. Further investigation showed the tops of the masts just showing above water, and it. was discovered she had sunk at her moorings the previous night — going down, by a curious coincidence, during the expiring hours of the old year. The Camille belonged to Captain Stafford, and was for many years engaged in the Newcastle coal trade. Subsequently she wag purchased by the Corporation as a storehouse for condemned kerosene. Her enormous capacity, supposing her to have contained all the condemned kerosene, has frequently been commented upon, and is one of the most remarkable features in connection with this truly wonderful vessel. Whether she was nearly full of kerosene when she went down, whether the kerosene had anything to do with her going down, what effect the condemned kerosene will have upon the Harbor and fish, and what the Corporation Jfrill do with the condemned kerosene now that they have lost this valuable repository, are-matters upon which we can only speculate. A number of "toilers by the sea" assembled on the Kaiwarra beach on Saturday, securing the wreckage that came ashore from the vessel ; but we have not hoard of any tins of mineral oil being recovered in this way. Meanwhile the masts of the hulk present tho appearance of a gigantic pair of Wellington boot 3 sticking up out of the water, with a particularly derisive appearance about the toes. In Friday's issue we stated that the time for receiving applications for shares in the 5 Caswell Sound Marble Company expired 31st December. It ought to have been 31st January. A sweep of 400 members at 10s each has been started at the Princess Hotel, Moles-worth-street. Particulars will be found in our advertising columns. The usual general church parade of the city volunteers did not take place yesterday. The Naval Brisafo, however, attended St. Peter's Church, headed by their band, and a sermon was preached by the Yen. Archdeacon Stock. Operations for the floating of the Hydrabad, we learn from the Foxton Herald, are progressing satisfactorily. On Thursday the ship had been turned nearly half way round, her head being now in a north-westerly direction. Only one civil case was heard at the Supreme Court this morning, the remainder being adjourned till Wednesday next at 10 a.m. There will be a sitting of the Court of Appeal to-morrow at 11 a.m., when some judgments will be delivered. The Court of Appeal will sit at the Resident Magistrate's Court. A gentleman living in Abel Smith-street, who i 3 noted for his success as a horticulturist, has shown us a monster turnip, grown in his garden. It is of the white-seed variety, measures 25 inches in circumference, and weighs six pounds all but an ounce. Evidently not a vegetable to turnip one's nose at. The number of patients remaining in the Wellington Asylum on Saturday was 141 — malea, 32 ; females, 59. Sundry gifts to the Wellington Hospital are acknowledged from Mesdames Barraud and Tarn, and Messrs. J. P. Clark, E. F. Jones, and H. Lloyd.

To-morrow's sitting of the Resident Magistrate's Court will be held in the Athensßum Hall, consequent upon the Court of Appeal occupying the Resident Magistrate b Court. The repetition of Handel's "Messiah" by the St. Peter's Choir, at St. Mark's Church, Sussex Square, on Friday evening, passed off very well, although the numerical strength of tiie choir was somewhat diminished by tho absence from town of several members. The solo parts were allotted to the same singera as on the previous occasion with the single exception of the tenor solo 3, of which " Comfort ye " was taken by Mr: Page, and " Thou shalt break them " was omitted, tha tenor who had Bung both at St. Peter's Church being unavoidably absent. Mrs. Greenwood, Mrs. Stuart, Mrs. Webb, aid Miss Sutcliffe, Messrs. Page, Plimmer, and Widdop all acquitted themselves excellent^, ! and Mr. Angelo Forrest's accompaniments were as masterly as ever. The Rev. R. Coffey officiated at the short introductory service. There was a numerous congregation (which included his Excellency ihe Governor), and the offertory amounted to £7 15s. There will be no meeting of the Publio Works Committee to-night, there being no business of any importance to attend to. His Worship the Mayor has gone South for a trip, to recruit his health. The arrangements made for the erection of the scaffold and the execution of Tuii on Wednesday last, were carried out unde* the supervision of Mr. M. Reid, Governor of the Gaol, and not Mr. A. S. Allan as stated by our contemporary. During the hearing of the charge of larceny against Sarah Ballinger, at the Supreme Court this morning, Mr. Hjrams, pawnbroker, stated that when he gave prisoner 5s on the watch alleged to- have been stolen he gave her no ticket. His Honor enquired why he had not done so, and Hyains said he intended doing it next day. The jury, on returning their verdict, drew the attention of the Court to the action of the pawnbroker in not asking questiois of prisoner before advancing the money, and in not giving her a ticket. They thought the practice reprehensible. His Honor said he had no doubt the police would diiect their attention to the matter. Mr. Izaid stated that a summons had already been ttken out against Mr. Hyams, and would le heard before the Magistrate next day. The City Missionary, Mr. D. Hal, thankfully acknowledges the receipt of the following subscriptions in aid of his support for the last month of 1880:— Mrs. 8.,*2s 6d; Mr. W. W. X., 10s ; Mrs. W., 10s ; Mr. J. ML., £1; the Hon. Sec. V.M.C.A., £1; Thompson, Shannon and Co., £1 Is; Mr. W., £1 ; Mr. Johnston, .£1 Is ; Mr. G. T., 2s 6d; Mrs. ML, 10s 6d; Mr. J. M., ss ; Dr. H , .£1 ; Mr. S., .£1 Is. Total, J69 3s 6d. We learn that Mr. Hall intends to continue to prosecute the laboura to which he las devoted himself among the sailors, the sick at the Hospital, and in house to house visitations in the city. The subscriptions have fallen off considerably during the past year, owing to the financial depression ; but while many in commercial circles have been unable to continue their contributions, a number of persons, in comparatively poor circumstances, who appreciate Mr. Hall's visits, have kindly assisted with " the widow's mite."

No doubt a great many people will take advantage of the excursion fares foi the various steamboats. We advise anyone intending to travel to purchase one of those strong Travelling Trunks, now on view at Messes. Robt. Gabdneb & Co.'s, Cheap Sale, Lambton Quay.— [Advt.] " See how the rascals use. They will not let my play run, And yet the steal my thunder," petulantly exclaimed Mr. Dennis, the author of a drama called " Appius and Virginia," who introduced a species of thunder in the play, now in present use (which play was unsuccessf ul, however), and being in the pit at some representation of Macbeth heard his own thunder made use of. And so it is with the purloiners of the name of Udolpho Wolfe's Schiedam Aromatic Schnapps. They not only use all their efforts to drive this great restorative and alterative out oE the market, but resort to all the means of duplicity and fraud, to utilize, in a similar cordial, its jsnpposed chief ingredients. — | Advt.] ___^__ _^__