THE JUDICATURE COM MIS-SION.

New Zealand Herald, Volume XVIII, Issue 6099, 4 June 1881, Page 5

THE JUDICATURE COM MISSION.

NEW ZEALAND CODE OF CIVIL PRO- ■ CEDURE. The Commissioners have made their report, and the new code has issued from the hands of the printer. It embraces every stage and form of legal practice, and will be found to contain some radical changes. As was the case with the English Judicature Act, the New Zealand code abolishes the old system of pleading. It establishes local Courts with a jurisdiction limited to £50, in places where the Supreme Court holds its sittings, but where there is no Supreme Court the local Courts will have jurisdiction to the extent of £200. The Supreme Court will have jurisdiction over £50, but up to £500 it may decide without the intervention of a jury, except where a wish is expressed by the parties to the cause, that verdict should proceed from a jury rather than the Court decide. Even beyond the jurisdiction of £500 the Supreme Court shall try the cause with a jury of four. The' writ of summons, the form of writ, the issue of writ, service of writ, substituted service, and renewal of writs are provided for by specific clauses. In framing the code the following considerations operated upon the mind o£ the Commissioners:—(a) That the laws of the colony shall be administered,as one organic whole irrespective of any division into law and equity. (6) That in every case such relief shall be given to the parties before the Court, as they shall prove themselves entitled irrespective of defects in the form in which they have; invoked the assistance of the Court. : (c) That the mode of approaching the Conrt should be simpified as much as possible. (d) To secure uniformity in the practice of all.Courts, (e) To lessen delay and cost. of proceedings.;. For the pleadings: heretofore . used the Commission.' ■. have . .substituted . upon the jmodel; of- the, English Judicature Act 'concise, and?.simple' statements of claim and 'defence. :'This:does away with complicated rules as to periods intervening between the various steps of pleading and process in an action. On applying for a writ of: summons ihe plaintiff shall file, in Court a concise of his claim;' this-statement shall ■be annexed to the writ and every duplicate of the writ. - The defendant, within a given 'number of days, shall file a simple statement of the facts upon which he. relies. It is to. be "a plain and concise, statement," The' .defendantmay filea counterclaim. The judge jinay, if he pleases, order the plaintiffs claim .'and the defendant's counter, claim to be ■tried together. "Each paragraph of the ) claim; or defence shall contain; one iseparate. ;. allegation, ._• and dates, sums;; I and j numbers . may,; be expressed in figures and not uv.words." It is provided: that the same facts shall not; be stated in an altered form,so as to. constitute a separate cause of action. The Commissioners in compiling the code have had regard to Courts of civil judicature in lother. countries, and have accepted suggestions from, the New 'York Code of Civil-.Procedure, from the .(Indian Code of, Civil Procedure,-, from -the . English County Courts; and the Old District Court of :New : Zealand. ''The; .simplification .of. , procedure ..js ; secured: by following, the.- English , mode, ;and::its -Cost ris;; reduced by the abolition of most of those forms' which were.as so many traps for the unwary suitor. The, drawing; up of thifs' code would appear to be preliminary to the consolidation of the statutes upon"any extensive scale. They state,this yer,y ; plainly as follows.-: —'•■ -When thetieode is. brought; into force,"., says the Commissioners, '' it will. be necessary either at once, or as soon aspossible,. to pass a Consolidation Act, .dealing with all the Courts of 1 civil jurisdiction in the colony for the purpose of,;defining their jurisdiction, and other matters not properly coming within a code of procedure. The sub-committee have given as much attention to this matter as the;time at their disposal would allow., and expect to have the scheme, if not the actual draft of such an Act, ready by the time the Commission meets. The code deals with the means of : evidence,, discovery and inspection, , admission of documentary evidence, evidence generally,' -witnesses' affidavits and consolidation of; actions, ■ payments into Court, judgment: by default,; trial, nonsuit, new trial, stay of proceedings, execution, incidental 'proceedings, special procedure in probate, and matrimonirJ causes. The code will be laid before Parliament on the first day of next session. The final sitting of the Commission will bo held in Auckland on Monday or Tuesday next. It will be presented to Parliament for adoption in qlobo. Should the House in committee see fit to alter any of. the clauses, the Commission stipulate that such alteration shall be ■ referred to them. It is not probable, however, that any member.of the House of Representatives would presume to alter a clause recommended by the whole of the law practitioners in the colony, for the Commission has really a representative capacity in matters of this kind. The effect of this code and the consolidation of the statutes cannot fail to have the best effect upon the administration o£ justice. Only those who have had experience of the law's delay,, its cost, its worry, ■ and its disappointments; can thoroughly.; appreciate the advantage of reform in this direction. •