SATURDAY, AUGUST 13, 1870

Marlborough Express, Volume V, Issue 244, 13 August 1870, Page 3

SATURDAY, AUGUST 13, 1870

“ We will sell to no man, we will deny to no man, either justice or right.” —Magna Gharta, Art. 40. One of the great grievances under which Marlborough yet suffers intolerably is the absence of those means of procuring Right and Justice possessed in theory by every Englishman since the passing of Magna Charta, and in practice by the inhabitants of every other part of this Colony. This subject is by no means a new one ; again and again it has been brought under the notice of the Government, but for some petty reason the grievance still exists unmitigated. In any case where a sum of any considerable amount is involved, or offence of any extent committed, or any action concerning the rights of title, or real property; or cases in bankruptcy—plaintiffs, defendants, appellants, bankrupts, applicants, witnesses, barristers, lawyers, clerks, agents, trustees, creditors, and all concerned —have to find their way to Nelson, the distant capital of another Province, bow they best can. Even were the means of doing so convenient, which they are not,

the distance itself, and including a sea voyage, to say nothing of the expense attending the journey, renders it a matter of such difficulty as to almost, prohibit the obtaining of Justice, and we have no doubt but such an effect does follow. Not long ago, a lady who was never on horseback before, had to adopt that means of reaching Nelson to attend the Court, in consequence of there being no steamer at the time and but a few months since, a large number of persons were detained in Picton for several days for the same reason, until at last the Judge had to adjourn the Court to enable them to reach how they could. The expense attending this ill-arranged business is in ordinary cases very large, but at times it becomes intolerable, and it is necessary for a suitor to consider—not whether he has really a good case- but the length of his own and his opponent’s purse. Occasionally, as during the present Sittings, the evil is exaggerated to a large extent. So long as the 16th of July last, the Nelson journals complained strongly of the hardship to which persons resident there were subjected by the postponement of the Sittings to August Ist, without giving suffi cient notice! What then must be the hardship to persons who had to go from this Province 1 Even when the Court did meet, one case, involving twenty witnesses, some of whom were of an expensive kind, besides all the lawyers in the Province, was still further ordered to stand over till the Bth August! The Provincial Government made an attempt to get this state of things remedied some time ago, and for a short time we obtained the services of Mr. Justice Ward, who to a large extent obviated the necessity of taking cases to Nelson, but owing to the opposition of interested persons, business was wrongfully withheld from his Court with the object, we believe, of forcing the Government to grant Sittings of the Supreme Court. The result was that the Sittings of the District Court ceased, and we were speedily placed in a greater dilemma than formerly. It has been said that the General Government pass over all the recommendations and remonstrances of our Superintendent, the Members for the Province, and others, and leave the matter to the consideration and convenience of the Judge in whose district Marlborough is situate, who is not willing to take the short sea-voyage at occasional periods fox* our convenience, but we cannot fox* a moment think that any gentleman holding the high commission of a Judge, if left to him, and the hardships pointed out, would allow them to continue, and thus practically to “ deny ” us “ Justice ,” or only at a price and with such difficulty as to amount to the same thing. We are glad to find that Mr. Eyes and other gentlemen interested in the Province, are using their influence in Wellington to obtain an amendment, and trust most sincerely that their efforts will ;;be successful. If the Government would only ordain that a Sitting should be held bnce in six months, either in Picton or Blenheim, we believe the*public would be satisfied, and who will attempt to measure the slight trouble or inconvenience of a Judge to the extent named, with that endured by the parties in the case of “ Atwood v. T. Redwood and others,” for instance? The expense to the Province would be xxxuch Jess, while that of individuals! would be out of all comparison. Nay, did he but hold; a, fitting here only once a year; or at uhbertaiin periods when required, it would allow of dll. Bankruptcy cases being dealt with on the spot* by Dr. Muller, in his capacity of Deputy-Registrar, and so prevent the frittering away of the estate in useless law and travelling expenses. Lastly, besides the gain to individuals jby saving enormous expenses, and to the Province in the payment of witnesses—there would be under the existing law, a large addition to the Consolidated Fund, or income of the Province, by the accruing of one-half the court-fees, the whole of which goes to swell the coffers of Nelson at present. We sincei’ely trust the subject will not be lost sight of, nor the agitation cease, until Marlborough is at least placed on a level with the County of Westland. Again in this as in other matters, we say, “ Serve us all alike.”