KING’S COUNSEL.

Lyttelton Times, Volume XCVI, Issue 14393, 8 June 1907, Page 9

KING’S COUNSEL.

TEN APPOINTMENTS, IFeOM OtTE COEEESrONDENI.J WELLINGTON, Juno 7. ' An announcement was made to-day-t-liat, ou tlie • recommendation of th* Chief Justice, th© following had been appointed King’s Counsel; — Hon J. A. Tole, Auckland. , Mr F. E. Baume, M.H.R., Auckland. Mr H. D. Bell, Wellington. Mr C. P. Skenett, Wellington. Tho Hon Dr Findlay, Wellington. Mr Martin Chapman, Wellington. I Mr T. I. Joynt, ChristchuTcn. I Mr T. W. Stringer, Christchurch. Mr J. H. Hcsking, Dunedin, j Mr S. Solomon, Dunedin. '"> In his letter to the Government ao* companyiug the nominations, the Chief Justice says:— “Referring to th© appointment of King’s Counsel, I have earnestly considered the course that has been followed in the various Australian colonies! or States. No doubt New Zealand is somewhat differently situated, in that there is no town in which the Judge* all reside. This means, therefore, th* creation of what may be termed local bans. I have come to the conclusion that if the honour is to be appreciated it must not be more extensively distributed than in the Australian States, and that ten is the full numbea- of counsel that should be appointed. Tills is a larger number than our population; would warrant, but for the fact of there being local bars. . In mentioning th© names that I think" should receive ; the honour I have first to keep in view the fact that there are local bare, and I think that th© ten should be distributed as follows:—Four for the city of Wellington, where two Judges reside, and which is the centre of several judicial districts, namely, Nelson and Wellington, including in Wellington. Napier, Hawke’s Bay and Palmerstou North; it is also the city of th© Court of Appeal, which sits at Wellington three time a year. I think, under these circumstances, there should be four counsel appointed for Wellington. ' . As Wellington district takes in part of . the South Island I think that four should be appointed *for the (remaining part of _ th© Strath Island Island, two for Christchurch, and two for Dunedin, and that two should be allocated for. Auckland. If I were to nominate barristers from towns where no judge resides it would make th© list too large, for one could not differentiate between Napier and New Plymouth, Invercarv gill, Nelson, Oamaru and Timaru. The leading members of th© Bar no doubt' reside in the chief towns but there are other members- of th© Bar who, if they were residing in th© chief town*, would be eligible for the appointment. The next matter that weighs with m© in making a selection is seniority, and! continued service at the Bar. Tho other matters that I. have considered! are that if two candidate* are equal in practice at the Bar and very near each other in seniority, X ■-■ ■ ■ think that if a barrister held a degre* of a University that ought to weigh iai, his favour.” ;■!

In New Zealand/ as else/whena thd j distinction carries tvith ■it certain rostrictions. A K.C. cannot appear ini the Supreme Court unless a junior from' outside of his own office /appears with! him, nor can he appear in any inferior Court unless upon a special retainer, and a. fee of at least ten guineas. This practically exclude/? a K.C. from nearly all the work of the Lower Court, and from the less important cases in the high Courts, since the expense of briefing a junior and paying ten guineas for lower Court oases ia not likely to be borne hy litigants except in large matters. A King’s Ccinael ia further prohibited from appearing against the Crown except by way or special license, for which he ij to pay a guinea. The patent, moreover, oi appointment is (only delivered upon payment of five guineas. Among the advantages to other members of the'' profession of these limitations upon the most prominent practitioners is the chance it gives to juniors and those not in leading practice to do the work from which the King’s Counsel is, a* above indicated, shut out. The gentlemen appointed are requiiv ed, before their patents are delivered to them, to take an oath, of which the following is the form:—“l do declare that well and truly I will serve the King as one of his counsel learned in the law, and truly counsel the King in his matters when I shall he called, and duly and truly minister the King 1 * matters, ■ and sue the -King’s process after the course of the law and after my cunning for any matter against the King. "When the King is party I will take no wage nor fee or /any man. I will duly, m convenient time, speed such matters be any person shall have to do in the law .against the King as I may lawfully do without long delay, tracting or tarrying the party of his lawful process, in that to me be* longeth, I will he attendant to thd King’s matters when I be called thereto. So help me God.” In England this oath is taken in thd ■ presence of the Law Chancellor by the Clerk of the Crown. In New Zealand 1 it is understood it will be taken by the Judges in the judicial district in which' the appointees reside. - King’s counsel - s is required to wear a silk gown and what is called- a “scratch wig,” the gown and wig being the same as that worn by the Judges. THE NEW K.O.V MR. T. I. JOYNT. Mr Joynt is well known in legal circles in Christchurch, and in former yeans, before the provinces were abolish- -, ©d, ho took _a prominent part in the public affairs of Canterbury. H« was born in County Galway, Ireland, on the last day of the year 1831. Ha was educated at Tuam and Dublin, and was articled to a lawyer in the latter city. _ In Dublin he became acquainted with the late Mr Justice Gresaon, who. was then practising as a lawyer in Dublin, and at the suggestion of that gentleman Mr Joynt decided to oome to New Zealand/. He arrived in this colony on December 1, 1856. Early in the following year he was appointed clerk to the Magistrate’s Court at -Lvttelton. He remained, in that position until August 31, 1858, when he cam*' to Christchurch and articled himself to Mr T. S. Duncan, who was then Crown. Prosecutor. He served five years withMr Duncan, and started to practise on the very day that his- articles expired, August 31, 1863. He has been in practice in this city ever since. ' He was a member of the Canterbury Provincial Council for many yeans, and when the late Mr Rolleston was Superintendent Mr Joynt was a member of tha Executive, holding the position of Provincial Secretary until the abolition, ol the provinces.

MR T. W. STRINGER. Mr Stringer was horn in Christ* church on November 4, 1857. Ho wa* educated at Mrs Alabaster’s School and at the old Presbyterian HighV School, which terminated its existence on the coming into operation of the Educations’ Act in 1877, and also attended, lectures at Canterbury College. H© was a clerk' at Messrs Twenty man and Cousins's fat a short time, and was articled to Mt T. I. Joynt in Sjxetoniber, 1874, and admitted as a barrister end eoJicitor ini October, 1879._ He has practised at Chx-istohurch since then. Bi© wa* appointed Crown Solicitor in May, 1893. The only public duties performed by him, other than Crown work, was as a’ m member of the Board of Governors of Canterbury College. In his youth he was a member of the Canterbury Row* ing dub. As a footballer he was_ • member of the first intorprovincial team from Canterbury which toured | the colony in 1876, and which was cap* taln&i by Mr John Anderaon, and mint*

bered amongst its members well-known Canterbury men, notably tho Botes brothers, E. Chapman, W. M. Hamilton, 0. H. Croxton, W. M. CUmer, J. Barker, H.-M’Cardcll and h. J. Cotterill. * Ho represented the province ior several years later.

THE HON OH FINDLAY. The Hen Dr Findlay is a native of New Zealand. Dorn in Dunedin in 1862. ho received tho greater part or his early cduca.ion at beoti b Academy, Hokitika. Ho matriculated m xßbl, ' und commenced to study law at Otago ■ University,/where ho took Ins LL.L. decree in 1881). Ho was called to tho bar in tho following year, mid commenced to practise at Palmerston South, taking into partnership Mr F. G. Dalzioll. The Dcctorship of Laws was gained in 1893, and Dr Findlay. «,fter spending a year in England, returned to tho colony. Having taken political science as part of his law course, and won first place in tho Colfege in it, Dr Findlay was appointed lecturer in that subject to Otago Unii versify. He accordingly commenced to practise in Dunedin, where he remained till 1894,- when_ Sir Robert Stout invi+ed him to join him as a partner in Wellington. Five years later Sir Robert was appointed Chief Justice, and 'in 1900 Dr Findlay invited Mr h. G. Dalziell, who was then practising in Otago, to again join him us a partner. He was called to the Legislative Council, and joined the Cabinet as AttcmeyGcnofal after tho death of tho Hon A. Pitt eomo mouths ago. HON J. A. TOLE. Tile Hon J. A. Tole was born in Yorkshire, of Irish parentage. He came to New Zealand ae a bey. Ho. received his higher education at Sydney University, where he graduated as 13. A. In 1865. Mr Tole was admitted to the Bar in 1871, and held Hie position of Minister of Justice in the Stent-Yogel 3or eminent from 18S4 to 1887. He resumed the actev© pursuit of his_ profession in _ 1888, and was appointed Crown solicitor at Auckland in 1892 ; MR F. E. BAUME. Mr F. E. Baume, the other Auckland King’s Counsel, ii? a graduate of the New Zealand University. He was admitted to practice as a banister and solicitor in Dunedin in 1884, and took his degree as Bachelor of Law’ in 1890 it Auckland, where ho has practised since ISS7. Mr Baume is an acknowledged authority on licensing law’,' and is- well versedi in what is termed l 1 1 case law.” , mi F. H. D. BELL. ' .Mr Fi ■ancis Henry Dillon 8011, the non of tho late Sir Francis Dillon Bed, was born in Nelson in 1851, and in 1878 was admitted to tho Bar. He rapidly became prominent as a solicitor, and, with Mr Fitzgerald, did much to promote the Council of Law Reporting. In lie early career as a lawyer lie was assoliatod in the firm of Messrs Izard and poll with Mr C. D. Izarcl, and when, dfter about twenty years, Sir Izard re- * tired, he became senior partner in tho firm of Messrs Bell, Gully and Izard, i He has taken a very active part in municipal matters, having occupied the mayoralty of Wellington, and carried out important works in that position. He has represented that city in Parliament also, and has had a wide connection, through directorships and otherwise, with largo businesses. Ho has been aV-:o very prominently connected with athletic circles, in which he has . been most popular. ■ i

MR C. P. SKERRETT. ' Charles Perris' Skerrett was born and educated in "Wellington, and after serving articles ,to Messrs Bell, Gully and Izard, was admitted to the Bar in 1885. He joined Messrs Brown and Penn in business in 1887, but retired in 1893, and next year joined Mr A. Wylie. Among the colony’s lawyers Mr Skerrett’s tiame is one of the most familiar, and he has been loading connpel ill several important cases. On occasions his professional dories have taken him to England to plead.

MR M. CHAPMAN. Mr Ma/tin Chapman,, a sou of tho late Mr justice Chapman, was born in Wellington in 1846, and was educated in Melbourne and ‘London. Ho was called to the Bar in 1871. Ho practised'in London till 1875, when ho came Out to the colonv and was admitted to the Now Zealand Bar. He then practised in "Wellincton, in partnership with Mr TV. Fitzgerald, till the latter died, and since then has been in partnership with .Mr L. O. H. Tripp. Mr Chapman has edited the New Zealand Law Reports, and besides being a member of tho . Wellington Law Society, ranks'high in every way as a member of the legal profession. Mr Chapman has taken an active part in. municipal matters. MR J. H. HOSKING. VMr -J. H. Hoskins w«s born at PenKance, Cornwall, in 1854, and at tin early age came to Auckland, where be was educated. In 1870 bo was articled to Mr Samuel Jackson, now Jackson and Russell, one of the oldest legal firms in the colony. He was admitted in October, 1875, aud removed a couple of months later to Dunedin, where ho at onco became managing clerk to Mr Kenyon, and twelve months later joined that gentleman in partnership. _ The firm of Kenyon and Hooking is still in. existence. Mr Booking was prominently identified with the patriotic and other movements associated with the despatch and return of the South African Contingent. MR S. SOLOMON. Mr Saul Solomon is a native of Victoria,) having been born in Melbourne in May, 1857. Ho came to New Zealand with bis parents very shortly afterwards, and has been a resident of Dunedin ever since. Mr Solomon s career is an apt illustration of the benefits to be obtained 1/om New Zealand « generous educational system. Commencing bis studie.s at a State school, bo passed in 1860 to tho High School by •id of a Provincial Government scholarship; became dux of that school iu 1871, and thence -passed by colonial ncliolarship to the Otago University, of which institution he aud the late Mr Peter Seaton Hay (Bngincor-in-Chief of the Public Works Department) were the first graduates. From the University Mr Solomon went to tho law offices of Messrs Sievwrigbt and Stout in 1877, aud remained with - that firm until he commenced practice in 18S4, when he went into business for himself. For many years Mr Solomon has been considered one of New Zealand’s most brilliant advocates. As a cross-examiner he is facile priuceps. At present he is an examiner in. law for tho New Zealand University.