SUPREME COURT CIVIL LAW.

Gisborne Times, Volume XXVI, Issue 2163, 11 April 1908, Page 1

SUPREME COURT CIVIL LAW.

SUSPENDED FOR WANT OF A JUDGE. Mr Finn has instructed counsel in Wellington to bring under the notice of the Minister for Justice,' Mr Justice Edwards’ refusal to allow the Registrar of the Supreme Court .it Gisborne to tax Messrs do Lautour, Barker and iStoek’s bill of costs against Mr Burke in the recent Watson v. Burko case heard at last sitting of tho Gisborno Supremo Court. Tho judgo has also instructed the Registrar (Mr Barton) by telegram, not to act in tho matter. If tile Judge’s decision is valid, it means that lor two periods of five months in each year, civil law in the Supreme Court hero is entirely suspended by Gisborno being declared a Supreme Court district, as, should any need arise for tho public to apply for protection by tho Court, tho case can only bo .heard whon the Judge is in the district and cannot bo taken ibcforo any other Supreme Court in. the Dominion. Mr Finn is of opinion that Mr Justice Edwards is in error in ,his ruling as tho Law Practitioners Act provides that when the judgo is out of tho district, is ill, or cannot attend to the duties of tho Court through any cause whatever, a case can bo takSjv beforo any Supremo Court in any part of New Zealand.

The ease in question is of importance, as tho law provides that a solicitor cannot sue for'eosts until ouo month has" elapsed from tho time tho bill was served upon the client;, but the client, if bo disputes the bill, must apply to have the bill “taxed” within tho month. Under the present ruling this provision is purposeless in its application to Gisborne, as Mr Burke is unable to obtain the consent of the Judge within tho time allowed to allow the Registrar to hear counsel on the items of the bill. The law also provides that tho Registrar of a Supreme Court may, when the judge is out of the district, act in his stead as a judge—but not as a Court—with all the jurisdiction power and authority of a judge; but Mr Barton has received instructions not to act in the case in dispute, and tho whole machinery of the law is at a standstill so far as any protection to Mr Burke is concerned.