SUPREME COURT BENCH.

Otago Witness, Issue 3618, 17 July 1923, Page 28

SUPREME COURT BENCH.

JUDICATURE AMENDMENT BILL. '.Ebom Gub Own Correspondent.) WELLINGTON, July 4. When explaining the Judicature AmendDipnt Bill, which was road a second tim.. in the Legislative Council to-day. Sir Francis Bell said it was clear that the power of the Governor-General to appoint a barrister to a temporary office on the bench of the Supreme Court should be carefully guarded and limited. The Bill did not interfere in any way with the power of the Governor-in-Couneil to appoint a tenmorary judge during the illness or absence of a judge. That was a necessity that began and ended with the illness or incapacity of the judge, but the “power to appoint for any other temporary purpose” was a power which, unless limited, was inconsistent with the Act of settlement. If (he Bill were passed it would no longer lie in the power of the Executive to add temporarily to the number of judges, and temporary appointments would be limited to 12 months.

The complaint that judges are being overworked was referred to by the Hon. G. J. Smith, who said that when in Auckland he had been spoken to with reference to the appointment of another Supreme Court judge. He was given to understand that in Auckland there was a great congestion of work, and he had been told that the judge in Christchurch had to work long hours at night to keep pace with the business. He did not think the Legislature intended that judges should have to work like that. He did not know whether the matter had been ctnsidered by Cabinet, and whether any relief would be given. The Hon. Sir Francis Bell agreed entirelv with the Hon. Mr Smith, but the Bench did not. He did not think he was entitled to say more than to mention that, holding this view, he had asked for the opportunity of consulting their Honors at the last sitting of the Court of Appeal, and in consequence of the view taken by the Bench, no provision had been made in the Bill for the appointment of another judge. He regretted that should be so, but seriously it was not a matter entirely for the Government.