THE OPENING OF THE SUPREME

Wellington Independent, Volume XVIII, Issue 1961, 24 September 1863, Page 2

THE OPENING OF THE SUPREME

COURT BUILDINGS. A very interesting event took place yesterday in the formal opening of a building dedicated to the administration of justice, and containing courts for the Supreme Court of New Zealand, and for the Resident Magistrate of Wellington. Little more than eleven months ago, on the 9th of October, 1862, the foundation stone was. laid by his Excellency Sir George Grey. Since that period, the contractors have proceeded rapidly with the work, and a few days ago were enabled to announce its completion, when it was resolved to open the building in a formal manner, and hence the ceremony of yesterday. Unfortunately, as often happens at this inclement season, the weather was by no means propitious. For a day or two previous, it had been very wet, and yesterday forenoon, the rain poured down in torrents, threatening ruin to the toilets of those ladies that intended being present, and doubtlesi causing many to remain at home, thereby robbing the cere- i rnoniul of its most attractive feature. The appointed time was 11 o'clock, and shortly before that hour, the Magistrates, Heads of Depaitme:its, Members ot the Legislature, Ministers of Religion, and Officers in Her Majesty's service, who were to be favoured with a reception by His Honor the Judge had assembled together, and were shortly afterwards ushered into his chambers behind the Court House, where they were formally introduced to him each in turn passiug the Judge, bowing and shaking hands. The Levee having been held, the visitors passed through the doors of the Judge's and Registrar's rooms into the Court House, and took their places on the reserved ieats.on the right of the Bench. The Special Jurors summoned, occupied tie box seats on the Judge's left, while immediately below the " Bench" were seated the Court official". On the floor in front was the "bar" table, the places around which were filled bj the various Solicitors duly apparelled in wig and gown, while the representatives of "the fourth estate" werq alas accommodated there. ■

Amongst the legal gentlemen present we observed Mr. Hart, Mr. Brandon, Provincial Solicitor, Mr. Borlase, Mr. Izard, Mr. Clieesman, and Mr. Allen, while the Court officials on the upper sents, were H. St. Hill, Esq., Sheriff; R R Slrang, Esq., Registrar ; J. E. Smith, Esq., Deputy Registrar, W. R. E. Brown, Esq., Deputy Sheriff; E. Baker, Esq., &c. Amongst the occupants of the reserved seats were the Rev. A. B. Stock, Rev. F. Thatcher, Rev. J. Aldred, H. Clarke, Esq., D.A.C.G., Adjutant Lewis, E. Battersbee, Esq., Hon. John Johnston, G. Hunter, Esq., W. Turnbull, Esq., J. C. Crawford, Esq., W. Lyon, Esq., C. W. Schultze, Esq., Capt. Sharp, C. B. Carter, Esq., J. Woodward, Esq., E. Miller Esq. 1 W. Hickson, Esq., S. Carkeek, Esq., D. Lewis, Esq., J. Hoggard, Esq., W. B. Rhodes, Esq., T. Kebbell, Esq., G. Moore, Esq , A. P. Stuart, Esq., E. Pearce, Esq., J. F. E. Wright, Esq., and several other of our principal citizens. The following leading Queen Natives were also present:— Honiana Te Puni, Henare Te Puni, Matene Tuwhare, HemiParai, Manihera Ngatoru, Bakatau (Chatham Islands), Karipa Ta Iroi, Te Rira Porutu, Ibaia Porutu, aud several others. The space within the bar enclosure, immediately in front of that devoted to the accommodation of the public was occupied by the ladies, amongst whom were Mrs. Johnston sen. Mrs Johnston, Mrs St. Hill, Mrs Carter, Mrs Keene, Miss Featberston, and the Misses Biddiford. The space behind, and the gallery above, weie tolerably well filled by the geueral public, although the heavy rain which throughout the proceedings, could be heard pattering against the windows, doubtless prevented many from being present. Everything being in readiness, a few minutes after eleven o'clock, the door on the right of the bench opened, and the Judge entered the Court and ascended the bench, followed by Major Gorten, and Mr Fitzherbert, who took their places on his right, and the Bishop of Wellington, Major Dwyer, and Captain Edwards, who occupied a similar position on the left. As the Judge and his cortege entered, the whole audience rose, and fora few moments almost perfect stillness prevailed. This was broken by Mr Fitzherbert who, addressing the Judge, said it was a matter of great regret to to him, that his Honor the Superintendent had been prevented from being present on this important occasion ; but the exigencies of the public service required his presence in another part of the Province. He regretted this the more, as he was sure that the Superintendent would have been able to address the Court in a much more able manner than he was. He congratulated his Honor upon the auspicious occasion of occupying a building devoted to the service of the Supreme Court, and trusted the arrangements for the accommodation of the Court were as complete as it was the anxious desire of the Provincial Government they should be. He then begged, in tha name of his Honor the Superintendent, and the Province of Wellington, to hand over possession, together with all the papers in connexion with the building. His Honor the Judge replied as follows :— - Mr Fitzhbbbert, — I also regret that His Honor the Superintendent is prevented from being here to-day : but I am glad to have an opportunity of expressing thus publicly, the thanks which are due to His Honor and the Provincial Government of Wellington from the whole community, but especially from the Supreme Court and the Magistracy, for the erection of a suitable building dedicated to the administration of justice. Notwithstanding the greater population and consequent wealth of some other provinces of the colony, I believe there is not one which at present possesses a building appropriated to thie important branch of the public service, nearly so commodious as that in which we are now assembled. I congratulate the inhabitants of tho Province and myself, as the representative of the Supreme Court, upon the fact ; and the more so, because the completion of the building at the time will enable the Court of Appeal, composed of all the Judges of the Supreme Court to hold its next sitting in this place. I should be most ungrateful were I to omit to thank His Honor the Superintendent through you for the courtesy and consideration with which he and the architect have accepted suggestions respecting the accommodation to be provided for the Court and its officers, the Bar and the public ; and if experience should prove, as possibly may be the case, that improvements may yet be made in certain particulars, I feel confident his Honor and his advisers will be found ready to sanction them. 1 cannot conclude without also thanking his Honor and the Provincial Government for the use of one of the handsome halls of the Provincial Buildings accorded to the Court for the purpose of its sittings during the last five years. Befo.e proceeding to open the Court he would request tho Lord Bishop of Wellington to invoke the blessing of Almighty God upon tho work to be done within these walls. The Lord Bishop of Wellington then invoked a blessing in the following solemn terms. Almighty and everlasting God, who hast ordained and constituted the well-being of Society, according to the Eternal Laws of Truth and Justice, of Wisdom and Love ; grant unto ub and all who from generation to generation shall assemble here for the due administration of Justice, that they may ever live and act as in Thy Presence, and may remember, that Thou sittest in the Throne judging right. Defend O Lord Thy servants, and preserve them from a spirit of strife and litigiouness ; but in all necessary and righteous causes dispose our hearts towards a true obedience to the Law. Grant that the Judges may regard not the persons of men, and may temper judgment with mercy. Grant that those who plead the cause of others may remember Thy Holy name, and ever be the advocates of Justice and Virtue. And finally grant unto all Thy servants who may here from time to time bear witness in any cause, that they may carefully and boldly speak the truth ; so that in this, and in all Courts of Justice throughout the Land, Thy Holy and Sacred Name may bo blessed and glorified through Jesus Christ our Lord. Amen. A prayer for the Queen, a prayer for the Governor, and the Lords Prayer were then read. At the close of this solemn benediction, the Judge bowed, and took his seat, au example followed by all present. The Court was then formally opened by the Crier, who made the usual time-honored proclamation* The Registrar then called over the list of special jurors. The Judge then addressed the special jury, the Bur, and theSheiiff,intbefollowingterras:— Gentlemen of the Bar, Gentlemen, summoned on this Special Jobt, Mr Sheriff, and Mb Registrar, — To us who meet here to day, not merely to witness an interesting ceremony, but to discharge our several duties towards the community, in the administration of justice, this assemblage of our fellow citizens mu&t naturally suggest considerations of grave import, reminding us of the responsibilities which devolve upon us, while it indicates to us sources of encouragement and support to ■ be found in the sympathy and respect of the general body ot the people, It were needless for me, were it befitting the time and place, to pronounce any eulogy oa the judicial system which we have

derived from our great Mother Country, or to attempt to demonstrate what every one here must fully acknowledge, that in England it is the harmonious operation of the constituent members of that system, with intelligent and honest juries, a learned, skillful, and fearless Bar, and an experienced and independent Bench, Jwatched over by a l'ress representing an enlightened public opinion, alike vigilant in the support of authority and law, and jealous in checking the encroachments of power, (not using its liberty as a cloak for maliciousness), which affords the ultimate and most certain guarantee for freedom, political and civil, religious and intellectual : and which is one of the most distinguished characteristics of the greatness of our native land among the nations of the world. Men worthy of political freedom ought to have a voice in the making of the laws which are to govern them ; and it is also good that they should have an opportuaity of assisting in the administration of the laws so made, and if need be in enforcing them ; for it is indeed worse than useless to make laws unless they be voluntarily obeyed, or the breach of them bo effectually punished. The laws of England both written and unwritten, the great bulk of which are also law thia Colony, have by this time reached to an extent and a state of complication (attributable, probably, in part to the conservative character of the people, and partly to the refinements and complexities arising from relations created by modern developments of commerce and enterprise) which will render the measures for their condensation and arrangement, their amendment and simplification, now heartily and vigorously projected and commenced, works of enormous difficulty and labour, demanding for their completion, much time and patience, and the co-operation of many very learned lawyers. But when I look back to Ihe quarter of a century which has elapsed since I first became a student of law, and review the great reforms, (many of which can scarcely be appreciated by the non-professional public), which baye — especially in later years, been carried out — mainly by the^efforts of the members of tho profession, to the advancement of the interests of justice and the convenience and well-being of society (though often to the iminod'ate loss of the profession itself), I cannot doubt that the great task of analysis and consolidation will ere long be achieved in England ; and I feel sure that this Colony, and all others whose law is founded upon the basis of English law, will not be slow to profit by results at which it would be utterly hopeless for them to attempt to arrive by their own unnided efforle. Complicated as the law is in England, the performance of duties connected with its administration is in several respects more onerous and anxious in a young Colony like this than at home. For new phases and incidents of industry and trade, of property and government, the construction of new laws, made by new legislative bodies, and the adaptation or application of old laws to new circumstances, create new relations and new rights and liabilities, respecting which it must often happenthat the oracles of English law, either are mute, or give but uncertain intimations. And thus the legal profession here, lies under responsibilities in some respects more grave than those which -they share with their brethren at home ; and those responsibilities are in the meantime aggravated by the impossibility or inconvenience of yet keeping the two branches of the profession, and the practice of different departments of law, separate and distinct; so as to enable each member to dedicate himself to the speciality most congenial, and for which he has | more special qualifications, and thus to develope | that •' great principle of the subdivision of labour," which the late illustrious and sagacious Consort of our gracious Sovereign, so happily characterised as " the moving power of civilization." And these considerations are certainly not less applicable to the Bench than to the Bar ; since each of the Judges is obliged by the circumstances of the Colony, singly and unaided, to undertake the duties of all tho various superior tribunals in England : and although the Legislature has recently, in conformity with the suggestions and report of the Judges, established a Court of Appeal; yet the necessary delay and expense attending a reference to that tribunal in the existing circumstances of the colony, must in the meantime, render it comparatively inaccessible in many cases where the Judges would be most desirous to have their decisions reviewed. Considering these things, and the great amount of substantial work which h done in Judges' Chambers, in bringing litigants to terms, and simplifying their disputes and saving them expense and delay and mortification, the Bench and Bar may well exhibit towards each other patience and forbearance, and expect to experience the same at the hands of the public. And I feel sure that the public will B ver be slow to sympathise with them when they earnestly strive to do their best. On an occasion like the present, it might be deemed an indication of indifference of which I certainly am not guilty, if 1 were to refrain from expressing the gratification I from the very satisfactory chaiacter of the relations which in this place subsist between the Bench on the one side, and the Bar and different classes of jurors on tho other ; or from tendering to the profession, to the jurors of the Province, grand, special and common, to the Sheriff, Registrar, and other officers of Court, my best thanks for the respect, courtesy, and sympathy which they always display, and the willing and intelligent assistance they have at all times afforded to the Court. On this point, I would only add that I trust the past will prove but an appropriate prelude to our future experiences in the discharge of our respective duties in this building. 1 venture, also, to express the hope that tho ceremony of thia day in the presence of so many repesentatives of the general community of the Province, may not be without its influence in promoting that harmony among classes of society, and public departments, which is the best evidence of social and polit : cal wellbeing. The work to be done within these walls is indeed a sacred and solemn one ; affecting the whole body, and every member of society, in vital [interests. "The whole tenor of public morals," says an eloquent divine, "is affected by the state of Supreme justice ; it extinguishes revenge ; it communicates a spirit of purity and uprightness to inferior magistrates ; it makes the J great good, by taking away impunity"; it banishes fraud, obiquity and solicitation ; and teaches men that the law is their right. Truth is its handmaid ; freedom is its child ; peace its companion." I conclude by echoing the Jsentiments of the prayer offered up for the blessing of God on our labors, and by expressing my earnest trust, that we all shall, in our respective station, be strengthened and enabled to discharge our duties in this place, as we shall wish we had done when we are called upon to render our account at the tribunal u>f the Almighty. I Mr Hart in replying for the Bar said— {That as the oldest member on the Roll Vof this Court, it had fallen to his lot to feay a few words in reply to the kind expression of opinion his Honor had been goad enough to make in relation to the Bar. He could not but re-echo the sentiment his Honor had expressed, and trusted the kindly feeling existing between the Bench and the Bar would long continue. He could not but remark, when he looked around him, at the great contrast that presented itself to another building which they had occupied in the e'irly days of the colony, which was so well ventilated that it let in light, wind, and air in every direction. Members of the Bar who had pleaded in that Court, had risen to eminence in the other colonies. The bar was much indebted to the Provincial authorities for the accommodation they had afforded them ; not only in providing such "a commodious building for the public service ; but also for the accommodation which they had given in another building where they had more light than they had at present ; but he had no doubt that what was necessary to be altered in this respect would bo done. He reciprocated the good feeling which existed between the Bench and the Bar, and trusted his Honor might long be spared to preside over their deliberations. The case of Woodwuvd v. Austin, was then called on, and the special jury sworn iv. This concluded the more interesting part of the proceedings, and the greater portion of the spectators took the oppoi (unity afforded by a short adjournment of the Couit, to retire. Thus closed one of the most interesting ceremonies ibatbas ever taken place in Wellington. The erection of a fitting building to be set

apart for the administration of justice, is undoubtedly an indication of the progress which this province is making, despite tbe many circumstances which have hitherto hampered it. We believe that nothing will conduce more to raise the social and intellectual status of the community than the foimation of a Bar of able men, sprung from amongst the colonists themselves ; and doubtless, when a few years ! hfive elapsed, we shall find the sons of some of our most respected citizens, reflecting honor on their profession within the walls of that building which was opened yesterday. After an adjournment of a quarter of an hour, the case of Woodward v. Austio, for the recovery of a certain sum due on immigrant's promissory notes was proceeded with. Two witnesses having been examined, the Court, at the request of the jury, adjourned until this morning, at 11 o'clock. His Honor, the gentlemen of the bar, and the jury, then retired to luncheon. A full repoit of the case will appear in our next.