D—No. 2

to suitors, and to the interests of justice, participate in some portion of the powers of the Supreme Court concurrently with that Court. N.B. —It appears to us that as difficult questions arise, and are likely to arise, in consequence of the division of the Colony into judicial districts, it would remove many difficulties if each Judge had the same power throughout the Colony which he now possesses in his own district. There seems no danger of collision or conflict in consequence of such arrangement. Some such provision would be necessary to enable Judges to go on Circuits, and to perform other judicial functions, out of their own district; and they might retain the exclusive right of making local rules of practice within their own district, as at present provided. 14. According to the present arrangements of the Supreme Court, all of its functions are discharged by single Judges, each of whom has the whole power of the Court within his own district, and there is not, either in the Ordinances and Acts of the Colony, or in the Kules of Procedure of the Supreme Court, any provision for enabling the Judges practically to sit together or to have tho benefit of each other's assistance in cases of doubt and difficulty, although in point of law they may have power to do so. 15. The extent and variety of the jurisdiction of the Supreme Court, and the grave and difficult character of the questions to which the circumstances of the Colony must necessarily give rise, (as experience has already abundantly proved) render it most desirable that the greatest practicable facilities should be afforded for procuring the application of several judicial minds to the decision of the more important questions of principle which may occur. One of the Judges may be more peculiarly conversant with one branch of law, and another with another ; and it seems desirable that the community should be enabled to derive the fullest advantage from the combined experience and attainments of all. It is, indeed, all but impossible that any one mind can deal satisfactorily with all the cases—so various in kind—-which may come within the scope of the Supreme Court's jurisdiction. But for the physical difficulties presented by the distances of the residences of the Judges from ono another, it would be extremely desirable for the public and the Court, that the Judges should frequently sit together in banco ; but since it seems impossible at present to insure that advantage, we would, in the meantime, recommend that the Court of Appeal should have power to entertain, by consent or otherwise, certain matters hereafter to be mentioned, which, according to the English practice, would be proper subjects for a Court sitting in banco ; and with respect to these matters, the Appeal Court might have concurrent jurisdiction with the Supreme Court. |6. With regard to criminal jurisdiction, we think the Court of Appeal should have both the functions of a Court of Error, and also those of a tribunal like that which was created in England, for Crown cases reserved, by the statute 11 &12 Vict., cap. 78. And with regard to all those powers which the Court of Queen's Bench possesses exclusively of the other Courts in England, so far as they are possessed by the Supreme Court of New Zealand (as being applicable to the circumstances of the Colony) it might be desirable that a concurrent jurisdiction should be given to the Court of Appeal. 17. Besides the above mentioned subjects of jurisdiction, it seems to us but fair to the Judges of the Supreme Court to allow them a discretion, when sitting alone, to reserve questions in civil as well as criminal cases, for the opinion of the Court of Appeal, even without the consent of parties ; care being taken to make the course of proceeding as little dilatory and expensive to the suitors as possible. 18. We think the Court of Appeal ought not to be allowed to entertain appeals on matters of fact which have been decided by a Jury ; but with respect to matters on which the Supreme Court ; has power to exercise a discretion, in civil matters to be determined by facts, it might be advisable - to give to the party a right of appeal, or to the Judge, a power of reserving the question; yet not ( so as to operate as a stay of proceedings, in case of appeal, if the ground of appeal should appearto the Judge frivolous. This provision ought not to be applied to criminal cases, so as to raise questions upon the quantum of punishment awarded by a Judge. Under this head of jurisdiction, it might be desirable to provide that a single Judge should not proceed to strike a Barrister or Solicitor off the rolls for any cause, but only to grant a rule calling upon him to show cause before the Court of Appeal why he should not be struck off the rolls, and to suspend him from practice till the Court of Appeal should have heard the case; and to give that Court power to act conclusively in the matter. 19. There is one other matter connected with the subject of the jurisdiction of the Court of I Appeal which requires consideration ; and it relates to the District Courts created by the Act of *- 1858. The first question which arises is whether power should be given to the Court of Appeal to review the decisions of the Supreme Court on appeals from the District Courts, in matters both civil and criminal, or either, or whether the decisions of the Supreme Court ought to be taken as final; and the second question is whether parties aggrieved by a decision of a District Court might not be allowed to appeal direct to the Court of Appeal. As to the first question, we think it would be but right in principle that parties should have the means of having recourse to the highest tribunal; but keeping in view the maxim "Interest reipublicoe ut sit finis litium," we think limits should be placed upon the right, so as to prevent the growth of frivolous or oppressive litigation.

jAt present, single , Judges have all juris-. , diction. -No provision for > Judges assisting each i other.

Importance of having more Judges than one. to decide difficult and important questions.

Criminal cases, error, and reserved cases.

Exclusive jurisdiction of Queen's Bench ia England.

Power to Judges to reserve cases civil as well as criminal.

Appeal on matters of fact.

Discretion of Court, determined by facts.

Appeals from District Courts.

9

4 COURT OF APPEAL FOR THE COLONY.