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mon Law system and thus is generally similar to ours
with one major exception, namely, that they have
not a written Constitution or Bill of Rights, and their
final Court of Appeal is The Privy Council. Their
legal history has been influenced by lawyers of Irish
descent and by the legal system of the State of Victoria,
Australia. The Torrens system of land law was first
crer'ted in Victoria by Mr. Torrens in 1859. Mr. Torrens
was born in Cork and was later educated at Trinity
College, Dublin. He emigrated to Australia and in
time created 'the Torrens system of land registration in
Victoria and this system was later introduced to New
Zealand. Mr. Justice Callan of the New Zealand Sup-
reme Court, who died some years ago, was cousin of
our Librarian Mr. Colm Gavan Duffy, and a former
Chief Justice of Australia Sir Frank Gavan Duffy, was
an uncle. It is also interesting to note 'that the Gavan
Duffy family still influence the legal system of Victoria.
The la'te Mr. Justice Charles Gavan Duffy was a
Judge of the Supreme Court and Mr. Justice John
Starke is a present Judge of the Supreme Court —
'both ?re cousins of the Editor of our Gazette.
Considerable interest was displayed in our constitut-
ional position. A Bill of Rights was suggested for New
Zealand but was not introduced. There now appears
'to be growing feeling that a Bill of Rights would be
helpful in protecting the Common Law System from
the in-roads which legislation has been making.
The New Zealand District Law Societies
The New Zealand Law Society in many ways is
similar to ours. Since the coun'try is divided into two
islands, traditionally they have and still have strong
Bar Associations in Auckland, Christchurch, Dunedin,
and other centres. The New Zealand Law Society is
the over Lord, but the District Law Societies have wide
powers and both have statutory recognition. The Dis-
tract Law Societies control to a large extent the pro-
fession in its area of jurisdiction. The functions of the
Zealand Law Society are (1) to promote and en-
courage proper conduct amongst the members of the
legal profession; (2) to supress illegal, dishonourable '
or improper practices; (3) to preserve and maintain
the integrity and status of the legal profession; (4) to
provide opportunities for the acquisition #nd diffusion
of legal knowledge; (5) to consider and suggest amend-
ments to the law; (6) to provide mepns for 'the amic-
able settlement of professional differences, and (7) gen-
erally to protect the interests of the legal profession and
the interests of the public in relation to legal matters,
Its President is elected by the Council and,
the Council comprise four members selected by the
Auckland Society, four members by the Wellington
Society* four members by the Canterbury Society, and
members elécted by the o'ther District Societies, in aíl
about 40 members. The District Law Societies functions
are similar to those of 'the New Zealand Law Society
but confined to their area of jurisdiction. A District
Law Society in rela'tion to a complaint within its dis-
trict against a member of that Society, may order the
offending party to pay to the District Law Society
such sum as the District Council thinks fit
in respect of costs and expenses incidental to an in-
vestigation. Any member of the District Law Society
aggrieved by a decision of that Society may appeal
against its decision to the Council of the New Zealand
Law Society. The New Zealand Law Society in turn
has power to refer a complaint made to it, to the Dis-
trict Law Society where the offending person resides for
investigation and for a report.
The Disciplinary Committee
The New Zealand Law Society has a Disciplinary
Committee wi'th wide powers in relation to the inves-
tigation of complaints against all members of the pro-
fession. The Disciplinary Committee has power to
order (1) that practitioners be struck off the roll, (2)
tha't they be suspended from practice, (3) that they
should not practice as solicitors on their own account,
(4) order them to pay to 'the Society a sum by way of
penalty, (5) censure them and (6) order them to pay
costs and expenses. The Society also has power to
grant witnesses' expenses in respect of any witnesses
appearing before the Committee. The party complained
against, has a right of appeal from the Disciplinary
Committee to 'the Supreme Court, by way of re-hear-
ing.
Costs Procedure
The Statutory provisions in relation to costs include
a provision which permits a Solicitor to agree in writ-
ing with a client as to the amount and manner of
payment of costs for the whole or any part of any past
or future services, either by way of gross sum or by
commission, percentage, salary or otherwise, with 'the
proviso that, if the agreement appears to the Court to
be unfair and unreasonable, the Court may reduce
the amount agreed to be payable under the agreement
There is also statutory provision whereby any District
Law Society may either at 'the request of a party char-
geable or without any such request, refer a Solicitor's
Bill of Costs to a Registrar for taxation in the ordinary
way.
Extended Powers of Law Society
The Society has wide powers to deal with a Sol-
icitor's affairs and with his practice, where a Solicitor
has been struck off, or is unable to practice due to ill
health, or has been guilty of some offence or has died.
Statutory powers also permit the Law Society to take
possession of documents, ledgers, Books of Account and
records from a Solicitor's office in certain circumstances,
and to appoint persons to investigate the affairs ^nd to
examine the Accounts of Solicitors. On the other hand
a Solicitor has a statu'tory power to appoint by way of
Power of Attorney, another Solicitor to practice on his
behalf during a period when the donor of the power
is incapacitated or unable by reason of physical or
mental condition to conduct his practice, or during
the donor's absence from New Zealand.
Barristers and Solicitors in New Zealand
The profession in New Zealand is constituted by
Barristers and Solicitors. A person admitted as a Bar-
rister may at the same time be admitted as a Solicitor
and vice versa, and each has the same right to practicc
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