7

A.-6

That appearances be abolished. That the plaintiff on default in filing notice of defence be entitled to sign final or interlocutory judgment, as the nature of the case may require, on filing the usual affidavit of service. That notice of trial be abolished, and that all actions shall come on for trial as of course at the first sitting which shall be held, say, thirty days after service of the writ; and that writs of summons be framed accordingly. Pleading and Practice. Demurrers ought to be abolished as a means of objecting to defects in pleading, except in cases where the whole case can be decided on demurrer The point on demurrer should be first brought before Judge in Chambers, who might order an amendment on terms, or, if the point be sufficient, might order the case to be argued in Court. Motions in arrest of judgment, judgment non obstante veredicto, error, &c, ought to be abolished, all objections to pleadings being raised before, at the settlement of issues. A more liberal construction of Rule 153 should be made, or a more liberal rule. There should only be two pleadings recognized— (a.) The statement of claim; (5.) The statement of defence. There should be no demurrers. The declaration should give a short narrative of the facts on which the action is based, and conclude with a summary of the claims and relief sought. The claim of a sum certain for damages, except in cases of debt, ought to be abolished. Pleas or defences, both at law and in equity, should admit or deny the allegations of the declaration, and in the latter case state the facts intended to be relied on by the other side. That the Supreme Court pleading should be carried on as provided by the Act of 1844, viz., — Plaintiff to deliver his statement; defendant his statement in reply Copies with objections and proposed issues to be left at the Supreme Court office three days before appearance-clay, so that the Judge may have an opportunity of perusing them before appearance-day. Parties to appear before Judge, when any omission or allegation in either statement can be rectified, and issues therefrom elicited and set down for argument on trial. The Registrar to note order then made, and further notice of trial or argument necessary. That the plaintiff should serve at once with the writ of summons a concise statement of the nature of his claim, and that there should be no necessity for any second or fuller statement of claim. That the defendant file a short notice of defence. That the statement of claim and notice of defence be the only pleadings in the action. That demurrer be abolished. Evidence. That prisoners should be permitted to be examined on oath in all Courts in the same manner as provided by "The Evidence Eurther Amendment Act, 1875." Costs. Costs in the Supreme Court are too high. Costs of demurrers might be fixed by the Judge. Costs generally should be limited to those parts of the proceedings essential to the determination of the question at issue. In small actions, say, actions for money up to £500, the Court might fix the costs as in District Courts. The review of taxation should extend to the amount allowed, as Registrars are seldom solicitors of experience.

Otago District Law Society.

Mr. Travers.

The Hon. Mr. Wilson.

Mr. Stout.

Mr. Forwood.

Mr. Brandon.

Otago District Law Society.

Mr. Devore.

Mr. Woodward. Mr. Travers.

Mr. Allan.