CO129-447 - Governor Sir May - 1918 [1-3] — Page 127

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hu Collins

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am Correy

not to have been able to deal with this somer, but for nearly the

time las ban leseply Father oft by the S. Modeon hand Reference before the Paris Connent, and it has not been possibh for me to coin due consideration to the issues:

Tarsed by this desp. it's incloswas. I now submit the follow me;

Ans

on

them.

The subject matter may be distributed

ation

I. Inordinate delays in dealing with litigation

(a) Causes.

(b) Proposed remedies.

II. Speculative and fraudulent actions.

I deal with the second question first as

there is less to say upon it. Watchfulness on the

Bench should help to stop these actions, but in my opinion the best remedy is to go to the source,i.e. take stringent measures against fraudulent solicitors, solicitors'clerks, and solicitors' interpreters, (See CF.5619) and also against touts

Saecf.55

and persons making a business of promoting speculative

or fraudulent litigation (See Re

enclosure 18).

Under In Section 52 of Ordinance 1 of 1871 the

Court

Court can strike a solicitor off the Roll for

reasonable cause but I am unable to find out what

(if any) are the functions or powers of the local Law

Society in this connection, save that they may with

the approval of the Court appear be solicitor or counsel on any application for striking off a solicitor

under Section 52 (ece Ordinance 19 of 1913, section 7).

I cannot find that the Society is charged

with any statutory duty of holding a preliminary

investigation into charges against solicitors and

bringing prima facie cases of misconduct before the Court, as the Committee of the Law Society do here under the Solicitors Act 1888. Nor can I find any

Provisions disciplinary action with regard to solicitors'clerks

and interpreters who presumably are not officers of

the Court as solicitors are.

It appears to me that, if it does not exist at present, power should be ken to deal with these 'legal or quasi legal classes and the Chief Justice and

Attorney General should confer as to the legislative or

other measures which may be necessary for the purpose.

Separate legislation of a penal character

should also be considered with regard to touts and

"champertous" persons fomenting dishonest litigation.

I don't think we can make any constructive proposels on

this subject as only those familiar with the local

conditions are really in a position to lay down the

mat proper lines on which it should be were .

Inordinate delays in dealing with litigation.

(a). The Causes.

(1) The small number of local barristers. There are only nine or ten, of whom only five are at all competent or in regular practice. Coupled with this

(2) the local practice which has grown up

in