OUR JUDICIAL SYSTEM.

Wanganui Chronicle, Volume XLIX, Issue 12402, 16 January 1905, Page 5

OUR JUDICIAL SYSTEM.

SUGGESTED REFORMS

The administration of justice is proneny regarded as a matter of primary importance in every civilised community. The constitution and operation of the judicial tribunals of a country affect the State as a whole, and are fraught with interest to ail its component parts; and whatever the posit on of the individual member of society may be, he, or she, has a direct concern in seeing that the laws are dispensed witii even-handed justice, and that the process shall be Ktitpped of as much complication and delay as possible.

These considerations give riso to the reflection —iis our judicial system as perfect aa it might be? Some of the best authorities on the question agree that it is not, and that there is room for much improvement. A representative of the ''Times" has been investigating the question recently, and fog has had many anomalies in our present system brought under his notice, whilo to remedy the defects complained of, suggestions have been made which would effecedi a radical alteration.

To begin with, it was pointed out that tjio District Court, which in former years performed valuable work, was now practically obsolete, inasmuch as in the days of its greater utility sittinoga of the Supreme Court were not accustomed to ba held in many of the smaller towns now; Included ifl. the circuits. - It was .proposed to abolish the Districts Courts and. .'limit the work of ■the Supreme Court Judges to fheir own particular, districts. Under thfe:existing system, Judges of the Supreme Court have to spend about four months of the year in Wellington, attending the sittings of the Court of Appeal, with the result that their own proper duties have to romain in abeyance, and legal applications of am urgent nature affecting any of the other centres can only be made in Wellington iat great inconvenience, and at some expense and delay to the parties concerned. Similarly, the President of the Arbitration: Court, as a member of the Court of Appeal, has to Laave .his proper spherejduring a third part of the year, notwithstanding the business of the Court stands. It ,is suggested that each of the Supreme Court Judges should take over the work of the Arbitration Court in his own district, that for the purpose of Arbitration Court, as a separate p9rambulatory tribunal, should be abolished, and that the industrial districts of the colony should be made co-terminal with the judicial districts. As each of the Supreme Court Judges, relieved of his Appeal Court functions, would have an .extra four months to" devote to the extra duties thus imposed, it would not. involve any addition to hia preßen'fc labours, while apt to materially expedite the administration of the labour laws.

Against this it may be contended, that difficulties would be likely to arise through conflicting decisions'of Courts of Arbitration so constituted. Such an objoetlion, however, would appear to be more apparent than real, as the Court would always be guided by the exigencies of .local conditions, and a change iai ■the law is suggested, .which. would enable its dsidsons to be reviewed by the Court of Appeal in, applications under the WorWkers' Compensation for Accidents Act, and. for. enforcements of award. Under the proposed scheme of reconstruction, Judges the Supreme Court would hold sittings. in those centres at presemfc included in the itinerary of the Arbitration and District Courts. . , ... . . To d tscharge the duties of which Supreme Court Judges would bo relieved, a separate Court of Appeal, consisting of three Judges, should be constituted, whose duties would be strictly those of an appsdate tribunal, and who would sit, not three times a year, as at present, but throughout the entire year. In addition the Chief Justice, as in England, would be entitled to, preside in the Court of Appeal wihen his other duties permitted, except during the hearing of appeals from his own decisions. The Judges of tie Court of Appeal, while undoubtedly possessing a higher status than thedr brethren of the Supreme Court, need not necessarily be granted greatly increased salaries, nor should Supreme Court Judges be. ineligible for elevation to -the CouDtl of Appeal Bench as vacancies arose. It may bg argued that the different judicial districts of tiho cofony would not afford sufficient employment for Supreme Court" Judges divested of their present duties in tba Court of Appeal, and even after making. allowance for the added work of the Arbitration and Detract Courts, but it must be borne in mind that the difference effected by the change would be very slight m regard to the time occupied, and thati as tho colony -increases in population the work of its judicial officers may be reckoned to increaso in proportion. In regard to the extra expense involved in the setting up of a separate Court of Appeal, it is pointed out that it would be comparaitvely small. To be~ gn with, a saving would be effected m. the salaries of the President of tihe Arbitration Court and of tho District. Judges, who, in such capacities, would no longer be required; while it is considered that an immense saving would be effected in. costs, and more efficient administration secured. Another -reform favoured is tho right of appeal to tiie Court of Appeal in alii oases. At present* in. convictions, under, for instance, the Licensing Acts or the Justices of. the Peace Act, thero is no appeal from the Supreme Court. This isheid to be highly unsatisfactory, as an individual Judge is not. necessarily more competent than a Magistrate in deciding^ matter of the" kind:;, and different Judges of the Supreme Court might decide differently on the same point cases-, the one not being bound by the judgment of *<he other. . . It is not proposed m setting up a separate Court of Appeal as indicated to abol'sh tha existing right of appeal to die Privy Councli, but the probabxlity is that with a separate Court ot Appeal here, the right to go to tne P&vy Council would be much more s&l----dom invoked than now. . Other changes suggested are increasing the salaries of our StipenoVary Magistrates in the four chief centres, where their remuneration :s regarded as utterly inadequate to the duties they are called upon to discharge, and the curta'ilinf* of their jurisdiction m civil cases to sunis of £100. X is chimed that with the Supreme Court Judgea constantly resident in tlheir respective districts, such a limit would be quite surficient.—"New Zealand Times.