The daily morning journal and courier., 1900-12-06

ony, the chief legal tribunal is tho Su-
 preme Court, which is at present com
 posed of seven judges, viz: a chief jus
 tice and six puisne judges Civil ac-
 tions are usually tried by jury of four persons, but either party to the suit, on
 cause shown, may apply to judge in
 chambers to have the case tried by a
 jury of twelve. Twice the number of
 jurors required to sit on the case are
 chosen by lot, from a panel summoned
 by the sheriff and from that number
 each of the parties strike out a fourth,
 the remainder thus selected by both
 parties forming the jury which is to
 try the case. The jury is constituted
 the judges of the facts of the case only,
 being bound to accept the dicta of the
 judge on all points of law.
 From the court thus constituted an
 appeal lies to what is called the full
 court, sitting in banco, which is gen. lerally composed of at least three of the judges The chief justice, or, in his ab-
 sence, the senior puisne judge pre-
 sides over the full court, which gives it's
 decision by majority. The circum-
 stances under which new trials are
 granted are: Where the judge has er- roneously admitted or rejected material evidence; where he has wrongly direct
 ed the jury on point of law; where the
 verdict of the jury is clearly agains evidence, or where, from some other
 cause, there has evidently been mis- carriage of justice Under the Austral- ian commonwealth the right of appeal to the privy council will be considerably restricted the majority of the appeals being heard by a court in which | judge of the Supreme Court of each | federating state will have a seat The chief judge has also an extensive juris- diction as commissary of the Vice Ad- mirality Court, in which all cases ars- ing out of collisions, etc, i'll Austral- ian waters are determined. One of the puisne judges acts as his deputy, but the Supreme Court, as such, has no jurisdiction in admirality cases. It Is probable however, that under the con- monwealth there may be changes in this direction. One of the puisne judg- es also acts as judge of the Equity Court, from whose decrees an appeal lies to the full court, and thence to the Privy Council, until the Federal Court
 
 Affairs in bankrupty are also dealt with by puisne judge, assisted by the registrar. An appeal can be made to the full court against the judges de- cision. Another puisne judge presides over the divorce court, in which cases are usually tried without a jury, an appeal lying to the Supreme Court The equity judge formerly represented the e ecclesiastical jurisdiction of the Su- preme Court and heard and decided all applications for the probate of wills and for letters of administration, and also determined suits as to the validity, etc, of wills, but this Jurisdiction is now vested in the supreme court in it's probate Jurisdiction, and the business transferred to such judges as may be appointed probate judge. Motions for rehearsing cases adjudicated in that court have sometimes been made be- fore the Supreme Court or Privy Coun- cil. A judge can only be removed from office upon the address of both houses of the legislature Upon permanent disability or infirmity, or after fifteen years service, a judge is entitled to re- tire from the bench with a pension, the amount of which, as we'll as his salary, is secured and regulated by various acts.
 A person eligible for admission as solicitor, provided he has not been ad- mitted in Great Britain or Ireland or in any other of the Australian colonies, must have been articled to some other solicitor practicng In New South Wales, and have served for q term of five years, or in the case of a person who has taken degree in arts before entering into articles. term of three years, and must have passed the exami- nations of a board consisting of two barristers and four solicitors, appointed annually fo" that purpose by the Su- preme Court. The admission of so- licitor can only take place on the last day of any of the four terms into which the judicial year is divided. A solicitor who ceases to practice for twelve | months continuously, may be struck off | the roll in which case it is necessary for him to give a terms notice before he can be readmitted. A barrister who has been in practice as such for five years, having caused himself to be dis barred, can be admitted as a solicitor without examination. The court can suspend or remove from the roll of so- l licitors any person who in it's opinion | has been guilty of misconduct or mal-> practice.
 The board for approval of qualified | persons to be admitted as barristers of l the Supreme Court of New South Wales consists of the judges of the Supreme | Court, the attorney general, for the time being, and two elected members of the bar Applicants must have been students at law for three. or, in the case of graduates, for two years. and | have passed all examinations. pre- scribed by the board. The number of barristers practicing in New South Wales in 1900 was 149 A queens conn sel is appointed by commission. signed by the governor, upon a recommenda ton made by the attorney general to the executive council. Nine barristers held this appointment during 1898. Sev- en barristers, who receive an annuaI salary, had appointments as crown | prosecutors at the courts of quarter ses- 5lons, and one at the central criminal court Others, who are paid by fees. are specially appointed, on the recor,-