OTAGO LAW SOCIETY.

Otago Daily Times, Issue 14156, 7 March 1908, Page 15

OTAGO LAW SOCIETY.

At the annual meeting of the Otago Law Society tho President road the following report:— . ,-:'- . : . 1, The number of practitioners'on the roll Bt 31st December Inst was'-' 123, as against 114 on 31st December, 190G7 During the year juno 'gentlemen were admitted iw solicitors and two as barristers aud solicitors, , 2 Library: It lias this year again been found necewary to circularise the members pf tho profession as to the practice ot' surreptitiously removing books-from the library. Some boots have been detained for.considerable, periods, and sonio have not-, been returned at all. The practice'has now been going on for so. loiig a period'';' it'is so disJjononrablo in itself, in such inconvenience to tho profession, that some drastic measures will have to be taken to efop.it. As a first step to that, direction tho council determined that a' record of books taken out of tho library should be kept by tie librarian, and no book removed without being reported to him. 'i'ho council has also drawn up rules regulating the use of the library bv students, lhoso were submitted to and suggestions invited' from the committee of the Law Students' Dobating Sooiety before the rules Sroro.adopted. '-Tho council has in preparation a catalogue ot tbe library, which, it is hoped, will Do completed during tho coming year. Circulars on various subjects were sent to all .Members' of tho profession, amongst othefa on the subject of advertising. 4. Practice Committee: No questions have heen'.submitted to tho committee during tho year; The president was consulted by one party to a dispute between two firms of solicitors (the disputo bsing largely of a personal nature), but declined to net on an ex parte roferenco. This committee might ho made very useful to tho profession in settling questions pf practice. It is intended to record the findings and to report the same to membora of the profession. With reference'to the resolution passed at the last annual meeting, that "the findings up to date of the Practice Committee bo peeled to the profession in such shape as the.commwttco deem advisable," the council regrets to eay that, probably owing to the illness of Mr 'Mackeay, the reports of the findings have gone astray. A book has, however, now been.obtained in .which all 'future findings of "the committee may bo recorded.

6. Holidays: It will be necessary for the Sleeting to fix tho holidays for the ensuing year. ■ ■ "■ •', '■;,--

6. Accommodation in " Magistrate's Court: The council has. brought .under the notice of Mr Widdowson, S.M., the inadequacy of. the accommodation in the Magistrate's, Court.' A oomniitlce of the council discussed the Jnaltcr with the magistrate, with the' result •jihat he will request the department to,, remove tlie present tab'o and Replace -it' with BDiall tables. ■■ . T ...

7. Personal: The members .will 0 bet' glad to hear that our friend, !fr J.' F. •.M., ) ''s , jaser, who has been ill for so long, .is now rapidly, recovering, and will soon be Able to icsufce' active practice. We Ngret- to have to .stafa' ih&t our secretary," Jtr W. Hv Itaclreay," is' not expected 1 lo be able to resSiime his duties. During the year wo have lost two i wembeiii of our society through .death, Dt "W. V. &filno and Air J. 11. i-i'.'Staiii'iJer;; ' i). Genea-il: Amongst 'lmtjiork .'. of general interest which Qunng the 'yiiar : occupied too attention oi tfte council, tiie''inbrf important were tiw appoiutwm'ol iiiijg « Counsel and the inuoducuon oi the', Juiiiciary JSi.i, '■. {lj Kick's Counsel Aa vol) inov.\ iiiase ho.noiue-it ini this district were'%ssrs'J. H..'iiosltiiig and ti. Solomon, both -distingufehc-d of the Oti%o liar.' (2)^'lW Bill proposed to make soniov'Qrftsiio alterations! in connection with. 'our judicial' Bysiem, amongst otnors the' -abolition of the district, courts and -tee ljjicoiistitiition of the Court of Appeal. The/question of the abolition of bee District Court had previously been considered by, the council, ana the following resolution passed: '"anal this society is of opinion that, so far as regards the Otago and Southland judicial districts, the District Court may v(e;l be abolished without causing either inconvenience or ackiidouul expense tu suitors. It is now possible,' u recommend its abolition because of the large jurisdiction of tne Court arid tho' increased facilities for communication with the country districts, and ccitainly tho concentration oi probate matters in the Suprente Court would be a distinct udvaotage;. and would not involve a greater expense to applicants becausa 'promUos are now grnuieo. on application U>" the registrar lluoujli the post, a cotuso which hi.a no* to be miioivtd in inost cases in tuo district courts." xno council h&U. alao; m fne instance oi the Uanteruury Law fcotioty, considered Ine question of appointing 1 au additional judge, »ua in connection with tnat nad. passed tno aesoluiion':'e :;: "'lnat lis'vnis district nas aito. «atpenenoe-u . ouasiueiabie .uioouv.eiiienaj by ■the ttteenco of a judge, this council is piepared to cordially co-operate with ,the Cariiei•bury Council." With reieienct to the .proposed bill, tlus-iesoiutoa waa passou:—

"• Tins council is ol; opinion ' ihtyt no sufficient reason appears tne .proposed pioviaions with icijitrct to'the iWn, oi Appeal' ■unless considcraoiy modiued, ai;d,rtspeeuiu.y makes tne louowing- coruhiwitS:—l. It is exceedingly convenient to siuwra, in otuer districts w have lix-ocl elite) .''pettlett beforehand for the sittings of the courts as at ptescn't so as to ensure the,'attendance ot tueir own looal counsel. 2. The bill means tail as by far the largest number .pi appeals are iroin the U r ellu,{jtun; district, there wou.d be constant ncce&iiiy. lor' the y»ticnd»nce oi at least one judse ironi- another district, thus dialoc&tdug the local work'of eacn cuyirict at dates not determinable betoienand. 8. Section 21 will be. 'toiuid,'- very inconvenient, and probably unwomabie as to oases from a distance. .4. in ordor to replace the Junctions; oi '" the District Court and provide }' for. the increasing local work at country towns, aid particularly if the Appeal Court provisions arc carried, it ■would bo advantageous to have ;& third judge stationed at Chrisicliurch, who couid take ■the Invercargill, Uamaru, Tiiharu, and West Coast .sittings, leaning the local at tome, or cou.d take Duncdin or Christchurch eittings in the absence of a judge.;-at the Court of App.al. This would a-isd- 1 enable "baoico sittings oi two or three judges''to bo ho.d at Duncdin or Christchurcu, and often aivo appeals, and, without regard to. appeals would bo often more satisfactory to suitors. 6. If a judge is to be confined to a local district there should be' provision enabling him io exercise. jurisdiction with regard io th»tdistrict when out of 'that dtrtrict. G. Ex- -j press provisiori should be .made .' enabling' judges to exercise- jurisdiction when siitm,; as a lull Supreme' Court outside their own'i district instead of leaving this end to bo. achieved by permission of tho Chief Justice j Under clause 11"

9. Keports of Workers' . Compensation Cases': T'hs council has brought under the notice of tho Minister of Labour the necessity of an index to and digest of tho reports and of republishing numbers out of print.

JO. "Law Practitioners Aot, 1898." A movement is on foot to repeal .ithis act, which enables a solicitor who has been five years in practioo to become admitted as a barrister. The council received a communication from tho secretary of the Auckland Law Society, who proposed that some member of Parliament should be asked to introduce a bill repealing the act. The following resolution was passed:—"Resolved, that the council is of opinion that it would bo in tho interests of tho proicssion as a whole that the act should bo repealed, but considers that any ■hill for the purpose should be introduced by the Government and not by private members." '■

The President brought beforo (he meeting the question of advertising, and read a circular which had been issued by a country ipraotit-ioner eolioitiug He also read resolutions which had- been (passed by the Wellington Law Society as follojvs: —

" (1) That tho advertising by solicitors, either in the newspapers or •by circular or otherwise," for tho purposo oi inducing the publio to do bu3ineas with the person advertising is a breech oi etiquette.

"{sij That advertisements (a) setting out the nainos of client of tho poraou advertising; or (b) purporting to show any special advantages that the publio are likely to obtain by taking applications ior loans to tho per.3on advertising, are broaches of etiquette, but -that it is not objectionable for a solicitor to notify that he has money to lend on any particular class or classes of security ox the rate of interest required—nor ia H objectionable to publish a notice in itho caeo oi a practitioner or firm changing his or their office, and in the case of a firm entering into partnership or dissolving partnership, or a cfbrd in .the ease of a practitioner commenouig to practise."

Tho mooting approved of tho resolutions of the Wellington Society, and -passed a resolution condemning tho circular referred to.

It was also re«iived that the holidays for the year be as follow:—Christmas holidays, from December 25, 1908, to January .7, 1909 (both inclusive); Easter holidays, from Good Friday to Easter Tuesday (both inclusive); Kind's Birthday, Labour Day, Anniversary Day, ajid all holidays proclaimed by tho Mayor to bo a public holiday.