DISTRICT COURT.

Otago Daily Times, Issue 3913, 1 September 1874, Page 3

DISTRICT COURT.

Monday, 31st August. (Before His Honour Judge Bathgate.)

On taking his seat, His Honour, in presence of tbe leading members of the Bar, who were duly attired in wig and gown, delivered the following address :• —

la opening the District Court for the District of Dunedin, which has not been in operation for a number of years, a very few remarks seem, expedient. At first the limit of the jurisdiction did not exceed £100. The extended jurisdiction in the Resident Magistrate's Court included ail claims up to that amount, but the jurisdiction of the District Court having been afterwards extended to £200, it has become necessary that the advantages of the spetdy and economical adjudicature of cases up to £200 should be shared in by the inhabitants of this important district. The Government have therefore reestablished the Court. The Acts creating and constituting the Court are :—The District Courts Act, 1858 ; the District Courts Act Amendment Act, 1865; the Dist.nct Courts Jurisdiction Extension- Act, 18(36:; tli3 Districts Courts Criminal Jurisdiction Extension Act, 1870. While the District Court can have a large criminal jurisdiction on proclamation by the Governor, it has not been deemed advisable in the case of Dunedin to proclaim such jurisdiction. .Regular criminal sessions being held in the Supreme Court here every quarter, there is no urgent need forthe establishment of asecond Criminal Court of enlarged jurisdiction. The jurisdiction of the Court is, therefore, confined at present to all cases of a civil nature, whether legal or equitable, in which the claim or demand shall exceed £20 and not exceed

£200, whether on balance of accouut or otherwise, excepting in cases in which the title to real estate, or the validity of any devise or bequest shall be in question, or the limitations udder any will or settlement shall be disputed; and excepting, also, actions for malicious prosecution, libel, slander, criminal conversation, seduction, or bieach of promise of marriage. In regard to the equitable jurisdiction, a doubt has : been expressed, seeing there is no machinery in the statute for enforcing decrees in proceedings for specific performance, whether such cases could be tried under it. A Bill to remedy thi* apparent defect, and to effect some other improvements, such as granting power to take the evidence of witnesses at a distance, as in the Resident Magistrate s Evidence Act, 1870, which is found to be very useful, passed the House of Representatives in 1873, but did not become law. The rules and order for regulating the practice of the Court were framed by Chief Justice Sir-Geo. Arney in 1859. No addition has been made since that time. Perhaps by some addition to the rules there might be less hesitation in the exercise of the equitable jurisdic-* tion. Special powers were conferred by sections 25 and 26 of the Act of 1858 on the District Court Judge, in the absence of the Judge of the Supreme Court, to grant and dissolve any injunctions to prevent irreparable iujnry to property, and to grant a writ o? arrest tor the purpose of holding to bail a defendant whoisab:>ui to qnit the Colony. Thf. only rule requiring a word of reference is .95, which makes it compulgoiy on the defendant to file a written statement of his defence seven- days before, the day of heaving. At first sight this regulation appeara to be contrary to the spirit of the Act; but the point has been considered by the Appeal Court ia the case of ■; Vician y. Quick, 1, Johnston's Appeal Cases, 332, when it was found, although with some hesitation, not'to be ultra vires. Special p<.wer is also conferred by section 27 of 1858 to grant probates of wills and letters of administration, but with the facilities afc present existing in the Supreme Court here, such power is not likely to be exercised. Jurisdiction in Bankruptcy is also conferred by the Bankruptcy Actj 1867 t bit unless it be found necessary for the relief,of any purpose of business arising iti the Supreme Court, there does n< t seem occasion for the exercise of this jurisdiction..' The practical utility of the Court depends greatly on the profession, ami 1 have so,high an opinion of the skill and intelii-, geaee, as well as-integrity of the Bir in Dunedin, that I am satisfied the establishment of- the Court will be found to be a great benefit to this large and increasing community, by : affording an expeditious and ready, mode for-the. settlement of questions and disputes continually arising in the complicated transactions of business. It is to be. hoped that ere long the business of the Court will be conducttd in an apartment more suited for thy proper administration of justice than this is, with rooms for the accommodation of counsel and witnesses, and forming a part of the pile in which the Supreme C^uit may be place-1, so that the valuable law library now existing may be available for reference and consultation: Wit-i these preliminary remarks the Court will-now be open for the hearing of the cases on the roll.

Mr Barton, as savior member of the Bar present, on behalf of himself'and brethren present, and, be might add, of the public, begged, to congratulate the Province— Duuedin, at all events—upon the establishment of this Court, arid he ventured to express a hope that his Honour would give as much satisfaction as Judge of this Cuurfc as he: had already given in the inferior Court which he had presided over. The brethren felt that from the experience they had had of his Honour's administration of justice on the Bench since he first sat upon ifc, the public have secured an able servant and courteous Judge, and the courtesy extended to the Bar, he might say, was. quite as important to the public as other abilities of a learned Judge. It must never be forgotten that members of the Bar, in addressing the Court, .Trere simply representatives of their clients, and it was necessary that sufficient latitude,'consistent with politeness, should be extended to them in carrying on their contests. His Honour had always accorded such latitude to members of tne profession, and in no instance had he, in the warmth of debate, given the slightest sign of impatience. The public—and he was sorry to say, at one time even a portion of the Press—were under the impression that the interests of Courts and the legal profession were against the public improvements, especially in Courts of Justice, but he (Mr Barton) did not think it possible that a gieater mistake than that could be made. They made a gr^at mistake holding the opinion that lawyers' were not interested in improvements in Courts of Justice, as it was the desire of the Bar that the administration of the Law should, as far as possible, be reduced to a pure system of science, in Courts presided over by a person of skill and experience, who will deal with it purely as a scientific question. The more law becomes a science the more beneficial will it be to the public and more easy to the profession, not only in their contests in Court, but when advising their clients outside. His Honour would' excuse him taking up so much time at the commencement of the business of the day, but he thought the occasion one on which the Bar ought to express their feelings, and express their good sense and gratification at such extended juris.iieiion. There wtne one or two matters Ihe wished to touch upon. His Honour's | jiirisiHctiiiii in this Court was <.f two i kinds: lirsr, by a Judge and assessors;

and secondly, by the Judge himself, who had to decide in matters of law and fact. The first case to come before the Court was one in which his Honour would have the assistance of assessors. He thought it advisable that some rule should be laid down by which assessors' cases should be heard on certain days, which would save the jurymen's time—a subject of some importance. The e^her matter was one which might occasion much personal inconvenience to the members of the Bar. His Honor was aware that the place where they kept their wigs and gowns was situated a, dista'nee from the Court, and, as they were always willing to show respect to his Honor, they desired to point out this difficulty of appearing in the long robe. For himself he had long held the idea that it was a pity the lawyers did not advance with the rest of the human race and leave off the wigs. There was a time when everybody wore wigs similar to those in usage now, only the tails were longer and the curls a little larger, and even Royal Courts and other such places had advanced beyond this; but some people thought wisdom dwelt in a wig, and Sydney Smith had twitted the English nation with being the only one that considered horsehair absolutely necessary for the administration of justice. He would bo glad to see wigs abolished in all Courts of Justice, and learned gentlemen simply standing on their own merits, not those of grey hairs, but on the brains contained in their heads. In this respect the Colony should set an example to the mother country, and show her that lawyers can be gentlemen and conduct cases properly without the aid of wigs and gowns. His Honour : Mr Barton and gentlemen—l may express my gratification at what I have just heard, and especially with regard to the remarks made of myself personally. I feel obliged to you. sir, as representing the other gentlemen of the Bar, for the kindly feeling you have shown in those remarks in reference to my past labours. I do think it is a very easy matter for any Judge of ordinary ability to preside in a Court possessing such a. Bar as this Court does—gentlemen of such great skill and acumen as would do honour to any Bar I can imagine in the civilised world ; and while you are capable of presenting to the consideration of the Bsnch cases in every possible aspect, f-upported by every -possible argument, it becomes a very easy matter for the Judge, moderating between contending parties, to arrive at a fair and just conclusion. With regard to the future, you can rely upon the same consideration that I have received durii.g the past six months in the exercise of my judicial functions in this Court. I expect the same ability and care will be manifested by'counsel perhaps to even a greater extent; and I can assure them of one thing—that I at least will devote the utmost patience and industry in consideration of the various eases that may come before me. 1 may state that in regard to members of the Bar, 1 have no personal predilection towards anyone in particular. I am willing to hear the youngest member of the profession with the same I patience and cansideratiun as I would the most talented and learned, and if you, gentlemen, would bear in mind that in every case one side must lose, and just bslieve that I am actuated by no personal consideration in the adjudication of cases, I will not deceive you. With reference to the cases to be heard before assessors, I will tak? care that this is considered before .the next sitting of the Court; andl .regarding the remarks of counsel relative to professional costume, it is well known lawyers are very conservative. The profession does not make changes in a hurry, but just now there seem to be changes. We find the old Courts in London, after maintaining their ground for centuries, have amalgamated, thus tending to a more speedy and economical mode of redressing wrongs and obtaining justice. We are behind in that shape in this Colony, and counstl can rely upon this—that I will study their convenience, and if their cases are properly dressed, I will not attach much importance to the wearing of costume. Fish v. Gray and Drummond.—Action for £156 17s 9J, on a disputed account. Mr Smith understood there was not the slightest chance of the case coming on that day, and as several of the witnesses were tradesmen, it would inconvenience them to keep them waiting. With his learned frieud's (Mr Stout) permission he asked that the hearing be adjourned until next- day. The case was adjourned accordingly. J. Wars v. Wm. Fowler.—This was a suit for the recovery of £182 93 2d, balance of account for services rendered by plaintiff as engine-driver and feeder, during 1872, J73, and' 74, ta defendant, a fai mer residing at Palmerston, at wages varying from £2 las to £3 per week. Mr Stout appeared for plaintiff and Mr Barton for defendant. Twelve jurors were'summoned, and counsel alternately challenged one until the number was reduced to four, viz., ' B.mjanim Ba'gley (foreman), John Adams, Wiiiiam Asher, and John Aikinau. Defendant denied the rates of wages and periods of service set forth in the particulars. The sum of £19 17s 3d was paid into Court, with costs, aud a general denial put in forthe balance. Mr Stout paid the grounds of defence were not sum- ; ciently stated, but after argument it was allowed to remain unaltered. Counsel having stated tbe case, he called witnesses in support. John Wars entered into an engagement with defendant as engine-driver in February, 1872, and was to get £3 a week during the time the engine was threshing. He was busy at this for twenty-two weeks, and for another fourteen weeks was working at general labour, for which he charged £1 Qs per week. The greater part of 1873 he was '■ working at the engine, and when, on account of wet weather, he could not thresh, he made , himself generally useful. In 1874, he was \ sect to feed the machine, because another] engine-driver had betn employed, for which j he charged at the rate of £2 los a week, i For services rendered, £263 IGi was due to j him, of which there still remained £ 182 9s 2d, the amount claimed, unpaid. Cross-ex-amined : Witness had not brought this action hurriedly, but had given defendaut ample notice of his inlention to take proceedings. He never got drunk while in defendant's employ. Duncan M 'Laren proved that the current rate of wages for enginedrivers at the time .referred- to was £3 a week; and Henry .Witbey stated the current wages for a feeder was £2 15s a week. Mr Barton addressed the Court in defence, contending that plaintiff had be. n fully paid for the time he worked, notwithstanding he was incapable of performing the duties attaching to the office of an engine-driver. On many occasions, he had been drunk, and had not only lost so much time, but had done a great deal c.f damage. After half an hour's adjournment, defendant anil other witnesses were examined, who corroborated counsel's statements. The Jury fouud for plaint;ff £4 lls Id, to addition to the amount paid into Court, costs being also allowed.