BENCH AND BAR.
At the Resident Magistrate's Court, on Wednesday, His Worship said that, before taking up the defended cases, he wished to remark upon the present state of the business ; and, although there was not a large number of the profession present, he had.no donbt the Press would publish the spirit of his remarks. The Bar must have observed that of late there had been daily sittings continued as late as five ' and six o'clock in the evening. It had not been the intention of the Court to sit daily at the request of the profession, for this reasonthat if every day were devoted to Court business the profession would not have time to attend to other important branches of >, their business. The regular Court days were Monday, Wednesday, and Friday. Where it. had not been possible to overtake the cases on the day of hearing, he had broken that rule byadjourning the unheard cases to either Tuesday or Thursday, and the cob sequence had been daily sittings of the Court protracted to an onreasonable hour. This might do at times, but it was wrong to the Court and wrong to the officials. This should be remedied ; arid he must intimate his intention not to sit after half-nast four. The business of the Conrt had rauidly increased, and showed an increase of fully one half on that of lasfc year. The Bar would have seen that the cases included many litigated cases. He anticipated that the increase would continue ; but he had no doubt he should be able to overtake this business if he got the assistance of the Bar. The Bir itself must be fully aware of the value of time. He was very unwilling to limit judicially the latitude that was allowed the counsel in the conduct of their c ises, but he thought that much unnecessary a •gument was introduced. He only required a clear concise statement of facts to enable him to decide upon the point at issue. If there was any nice point of law. and the law was stated in a distinct proposition and referred to him, that was all he required to adjudicate upon. Also, he would strongly impress upon counsel the necessity of avoiding unnecessary ground in the examination of witnesses. He had sar^ patiently and heard witnesses examined at great length on trivial points that did not really afiect> the case. He had noticed that, the Bar. had.. argued their cases in the examination, of witnesses. That was an improper pracik&. If' effect were given to these observation he had', no doubt the business would be overtaken im reasonable time. He might state that " a good case," like good wine, "needs no bush;" andl therefore needs not much talking. Whram counsel spoke at length on a case, he was. inclined to think there was something wrong • but that depended upon cireamtances. He requested that the profession would take into consid&ration the remark* he had made to save; time, not only of the Court, but also of the; suitors in attendance, who had been kept waiting for two days, and even to the third day.
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https://paperspast.natlib.govt.nz/newspapers/OW18750918.2.35
Bibliographic details
Otago Witness, Issue 1242, 18 September 1875, Page 10
Word Count
524BENCH AND BAR. Otago Witness, Issue 1242, 18 September 1875, Page 10
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