7

A.—s

I shall conclude by a suggestion for the consideration of my brother Judges, and, subject to their approval, to the Government of the colony. Having personally had some experience of the work of consolidation under " The English Statute Law Consolidation Commission," I am willing to undertake to draft a consolidation of the Acts respecting the constitution, jurisdiction, and procedure of the Supreme Court. I would propose to prepare a draft and report during the vacation, and to submit them to the other Judges before our meeting for the Court of Appeal in May, so that, at our Conference in May, all the Judges might be able to discuss the Bill, and the old rules or procedure consolidated with new ones, and with such statutory provisions of the existing Law as should seem more proper to be placed among the rules, so that the Bill should be complete and its Schedule should contain a complete system of procedure. The experience of the Judges in the preparation of this Bill would indicate to them practical conclusions enabling them to offer recommendations to the Government respecting the best mode of carrying out a comprehensive scheme of consolidation and amendment. Should the Government in the meantime desire to undertake the consolidation of some other heads of Statute Law, they might employ a qualified draftsman, and submit his drafts and reports to qualified examiners for criticism and report, and the net results for general circulation before the opening of the Session of the General Assembly. But I feel convinced that it would not be desirable to undertake too much, till experience indicates the best course for using all available materials for a permanent Commission or Board of Eevision of Legislation and Legal Eeforms. N.B. —There are several of the provisions contained in the English Supreme Court of Judicature Act to which I shall venture to direct the attention of the Judges, for the purpose of amending or modifying our rules of practice, at our next meeting. Wellington, 17th November, 1873. Alexander J. Johnston.

No. 3. The Hon. Mr. Bathgate to His Honor Mr. Justice Johnston. (No. 684). Sic, — Colonial Secretary's Office, Wellington, 18th December, 1873. I have to acknowledge the receipt of your Honor's letter of 4th instant, and accompanying Memorandum on the Consolidation of the Statute Law of the Colony. Tour letter and memorandum have been perused with much interest. The consolidation of tho Colonial Acts is a matter of very great importance and will receive careful consideration from tho Government, with the view of the subject being hereafter brought before Parliament. In the meantime, it is highly desirable that the valuable suggestion made by you, that you should prepare a draft of a consolidation of the Acts respecting the constitution, jurisdiction, and procedure of the Supreme Court in the colony, should at once be carried into effect. There is no doubt, as appears from returns received by the Government, that the public are becoming more and more disinclined to resort to the Supreme Court. Whether this arises from the complicated and technical nature of the procedure, the heavy costs, the delay and uncertainty, or any other cause, the Government have no means of knowing. But you and the other Judges will render signal service if, by simplifying the procedure and securing a less expensive and more expeditious administration of the law, the Supreme Court can be made more useful to the public. One point in practice deserves special consideration : A motion for a new trial ought not to be heard before a single Judge. The uncertainty which arises from the present practice, has been very mischievous, and has tended more than anything to the prejudice of the Court. Your large experience, coupled with a consideration of the provisions of the English Judicature Act, will aid you in framing a measure of much benefit. In doing so, it will be well to bear in mind that in proposing any statutory alterations in practice, it is not expedient to wait in order to follow in the wake of the Imperial Parliament. The circumstances of the colony are peculiar, and there are fewer chances of opposition from vested interests. In our Land Transfer Act and other Statutes, the Colonial Parliament has wisely considered what was beneficial to the public, and have taken a step in advance, which the Imperial Parliament will not be able to do for years to come. Tho whole question should be grappled with in this spirit, and there is little doubt but that Parliament will be ready to adopt at once such provisions as the united experience of the Bench may propose, in order to carry out the most desirable end in view. I have, &c., John Bathgate, His Honor Mr. Justice Johnston, Wellington. (for the Colonial Secretary).

No. 4 His Honor Mr. Justice Johnston to the Hon. the Colonial Seceetaey. (No. 157.) Sic, — Judge's Chambers, Wellington, 23rd December, 1873. I have the honor to acknowledge the receipt of the letter dated the 18th December, relating to my memorandum respecting the consolidation of the Colonial Acts, and my offer to prepare a draft of a Supreme Court Consolidation Act. In answer, J have the honor to state that I shall, at the earliest practicable time, commence my preparations for that work. In the meantime, 1 should be glad to be informed of the nature and contents of the returns received by the Government, from which it is inferred that the public are becoming more and more disinclined to resort to the Supreme Court.