RECOVERY OF SMALL DEBTS.

Evening Star, Issue 7308, 5 September 1887, Page 4

RECOVERY OF SMALL DEBTS.

TO TDB EDITOR. Sir,—l hare read la this evening’s Issue your article on the recovery of small dents, but I have little hops of amendment until; we have an official who will draft the laws in the manner indicated by Parliament.

I must confess myself a martyr to the feeling that the legal fraternity of New Zealand generally are more or less charlatans, and both needy and greedy —greed, no doubt, begat by need; and it might be said of them what was said by Harry Erskine, the famed Scotch lawyer, ip the Edinburgh Court of Session, viz.: One of the Lords happened to make use of the expression “an honest lawyer,” on which Mr Erskine replied; “UyLord, lam afraid an honest

lawyer Is about as rate as a dead cuddy (ass).’’ It is reported that the great liberator of Ireland, Ur Daniel O’Connell, said that there never was a law framed in England that he could not drive a coach and six through. I will go further, and am prepared to prove by demonstration that there never was a law framed, whatever its technical faults, but what oan be made legal, and beyond lawyers’ quibbles, by one saving final clause. This lawyers know right well. I do not intend to contrast the Superior Courts of England and Scotland, but confine myself to the email debt Courts In the Scotch capital, where all cases up to LlO are dealt with in equity, no solicitors’ fees ore allowed, and either litigant can object to the interference of a solicitor, even sulto voce, though It is true ho may coach his client, but in doing so he must not interrupt the business of the Court. I venture to submit that this system would suit us hero exactly; but before proceeding to give my reasons, let mo remark that time is money, as moat people know who are in any way litigious. As to the advantages of the plan above suggested—lst. The solicitors’ fees would be saved to litigants. This arrangement could be made permissive on the onsent of both parties only. 2nd. A very considerable amount of time would bo saved to the administrator in equity, wherein ho would ho a'de to overtake more work. This in itself would bn a considerable item in retrenchment. 3id. The scheme, or rather system, would abrogate a crying evil patent to all. and under which wo have suffered for years. Need I refer to eases wherein workmen have been under the necessity of entering the Court to recover their wages, and have gained their oases, but the costs absorbed the amount. This is the old adage of the lawyers eating the oyster and handing their clients the shell. 4th fand last, but not least). Our small-debt Courts would not bo so liable to bo turned Into a bear garden ns in times past. Sir, I cannot help thinkingwhat a debt of gratitude might have been earned by some of our lawyer legislators, who profess themselves so anxious for their constituents 1 social welfare : but I presume that they (the lawyer legislators) will say that this is one of those native industries which must not bo touched. I have no intention of pointing out or making anyone singular, as the public know who are the lawyers in the Parliament, and who might have served them in this amendment of the law ct recovery of small debts, if they would. There is an old Scotch adage which says, “ Corbies will not pick out corbies’ C5 r cs ” ; but in the present case, referring to law reform, I opine they will act more on another adage which says “It is a dirty bird that fouls its own nest”; the rendering of which would ho, that the legal fraternity in Parliament are not likely to promote any legislation calculated to diminish'tho funds of the profession.—l am, etc., An Elector. Dunedin, September 1.