By the terms of his will, Macarthy had arranged for the bulk of his estate to form the “T. G. Macarthy Trust” for “charitable and educational purposes in Wellington City and provincial district”. The fund is administered by the Public Trustee, and disbursements from it are approved by a board consisting of the Governor-General, the Prime Minister, the Roman Catholic Bishop of Wellington, and the Mayor of Wellington. The board meets towards the end of August in each year. The total amount in the trust now exceeds £1,250,000; the amount available for annual distribution is £22,000; and 702,467 has been disbursed since 1912. One of the trust's more important gifts was the endowment, in 1919, of the T. G. Macarthy Chair of Economics at Victoria University – a post which has been filled successively by Professor B. E. Murphy, Professor H. Belshaw, and Professor F. Holmes.

by Bernard John Foster, M.A., Research Officer, Department of Internal Affairs, Wellington.

• Dominion, 20 Aug 1912 (Obit)
• New Zealand Times, 23 Aug 1912 (Macarthy's Will)
• New Zealand Tablet, 29 Aug 1912 (Obit).

(1833–1912).

Brewer and philanthropist.

A new biography of Macarthy, Thomas George appears in the Dictionary of New Zealand Biography on this site.

Macarthy was born in London in 1833, the son of Thos. Macarthy, a Catholic florist, and of Ann Elizabeth, née Grout, a beautiful and distinguished Quakeress. Macarthy was attracted to the Victorian goldfields in the early 1850s, later settling at Geelong. He crossed the Tasman to the Otago diggings in 1865, and from there followed the rush to the West Coast where, after some success on the various goldfields, most notably at Reefton, he established a small brewery at Charleston. In 1877 he bought a brewery in Wellington and, in 1883, a second. From this start he expanded his business interests into many fields, becoming manager-owner of the barque Weatherfield, with which he traded between London and New Zealand ports. He was a member of the board of directors of the Wellington-Manawatu Railway Co., becoming its chairman in 1897. He was also a director of the Wellington Opera House Co. Macarthy took an active interest in the Industrial Exhibition (1896–97), making himself responsible for its financial success, and was also for some years president of the Wellington Racing Club. On 28 April 1897, at St. Mary's of the Angels, Wellington, he married Mary Ellen Fitzsimons, daughter of an old West Coast settler and 40 years his junior. His best man was John Plimmer, the self-styled “Father of Wellington”.

After her marriage, Mrs Macarthy devoted much of her time to charitable work. Macarthy gave liberally to charities during his lifetime, but always insisted that the gifts be anonymous. A rare exception to this rule was a donation in 1910 of £500 to the Children's Hospital. He died at his Boulcott Street home in Wellington on 19 August 1912.

(1820–87).

Politician and businessman.

A new biography of Macandrew, James appears in the Dictionary of New Zealand Biography on this site.

Macandrew was born in Aberdeen, educated at the Ayr Academy, and trained in London for a mercantile career. He became interested in the Otago Lay Association, joining the London branch in 1845 and giving this body a good deal of service, before going to Otago himself with his brother-in-law, W. H. Reynolds (he had married Elizabeth Hunter Reynolds), and a family party. Having bought the iron-hulled schooner Titan and filled it with goods, they sailed in September 1850 and reached Otago on 15 January 1851.

On arrival Macandrew flung himself into public affairs simultaneously with business. In the latter pursuit he and Reynolds established a store in Dunedin and also undertook coastal voyages, and Reynolds made a very profitable round trip in the Titan – Otago, Australia, California, Otago – with varied cargoes. Reynolds was a sound businessman and Macandrew's many schemes were less effective after their dissolution of partnership in 1856. Macandrew was indeed addicted by temperament to new enterprises both for himself and for the public, first shipping wool direct to London, projecting an Otago Bank, which could not be floated owing to legal restrictions, and, instead, issuing his own notes (which obliged his rival, Johnny Jones, to do the same). In 1858 he bought the steamer Queen and other ships to establish a service to Melbourne and, it was hoped, to Panama, again in competition with Jones. These business and public interests were inextricably entangled, and, when his ambitious shipping enterprises had exhausted his means, Macandrew resorted to “the use of a portion of the Public Funds for private purposes”. When the findings of an official committee of investigation were published, he was removed from the office of Provincial Superintendent, which, indeed, he had abused in another way, though in a manner as much comic as degraded. In January 1861, when arrested for debt, he used his powers as Superintendent to declare his own house a prison and make it his place of detention; in March, however, the Governor ordered his removal to the Dunedin gaol.

Macandrew took a prominent part in the agitation for constitutional government. In 1853 he was elected to the first Otago Provincial Council and also to Parliament as member for the Town of Dunedin (1853–60). He was a member (1855) of the first Dunedin Town Board. For three years (1856–59) Macandrew was speaker of the Otago Provincial Council. On Cargill's retirement in 1859 he was elected Superintendent. His public career suffered an eclipse as a result of the events 1860–61) mentioned above, but it was by no means total. His recovery of the Superintendency in 1867 by a substantial majority was the index of his popularity and an indication that his genuine sympathy with working-class interests as well as his zeal for the material advancement of the Otago Province were recognised by his fellow citizens. He retained this office until 1876 when, in spite of his strenuous efforts to delay the inevitable, provincial government was abolished. Macandrew in fact enjoyed an extraordinary local ascendancy, “notwithstanding the most marked exhibitions of imprudence”.

In 1865 Macandrew was returned again to Parliament to represent Bruce: he remained a member for the rest of his life, for Clutha, Dunedin City, and Port Chalmers. In Grey's ministry (1877–79) he was Secretary for Lands and Minister of Immigration and Public Works. When Grey was turned out of office in 1879 through the desertion of some of his followers, Macandrew was elected Leader of the Liberal Party and might possibly have been Prime Minister but for the adroit action of Hall in inducing four Auckland Liberals (the “Auckland rats”) to change sides. Macandrew was a Minister also in the Stout-Vogel Government of 1884. He died, as the result of an accident, on 25 February 1887.

As a provincial and colonial politician, Macandrew urged both the extension of railways to develop the country and all forms of harbour development. He favoured easier terms for land settlement, seeking to introduce immigrants to Otago from Australia in the fifties and, in later years, crofters from Scotland. He worked hard for education, in the sixties joining with the Dunedin Presbytery to help found a university in Otago, and in 1872 was the moving spirit in the establishment of a medical school. He also advocated an Otago agricultural college. He was chairman of the Otago Harbour Board from 1874 to 1877.

The sanguine Macandrew, projecting large schemes, often impatient of detail mastered by less imaginative men, was not typical of the provincial politician. Gisborne gives him credit for conceiving ideas often carried out successfully by others. McLintock sums up his career: “narrow and dogmatic to an insufferable degree, he had, by way of compensation, the unquenchable courage of his convictions, an unsurpassed faith in himself and his destiny, and, above all, an almost incredible tenacity of purpose”.

by David Oswald William Hall, M.A., Director, Adult Education, University of Otago (retired).

• History of Otago, McLintock, A. H. (1949)
• New Zealand Rulers and Statesmen, Gisborne, W. (1897)
• Contributions to the Early History of New Zealand, Hocken, T. M. (1898).

Justices of the Peace are honorary judicial officers appointed by the Governor-General by warrant on the recommendation of the Minister of Justice, in practice from nominations made by members of Parliament. In 1814 Thomas Kendall was appointed by the Governor of New South Wales as a Justice of the Peace to exercise jurisdiction in New Zealand. This appointment was almost certainly invalid, and the first regular appointment of Justices followed the establishment of British sovereignty over New Zealand in 1840.

The traditional responsibility of Justices for the preservation of law and order, made largely superfluous by the establishment of an efficient police force, has now disappeared in New Zealand. Formerly the judicial duties of Justices were extensive, and during our earlier history their part in the administration of justice was vital. But improved communications and the realisation that specialised experience is desirable for the sentencing of offenders has reduced their role. The principal functions of Justices in New Zealand now are the administration of oaths and the taking of declarations, the issue of search warrants and warrants of arrest, the preliminary hearing of indictable cases where no Magistrate is conveniently available, and the hearing of certain very minor criminal charges.

The number of Justices holding office at the end of 1962 was about 6,500.

by Bruce James Cameron, B.A., LL.M., Legal Adviser, Department of Justice, Wellington.

Juries are selected from a jury roll consisting of qualified persons residing within 15 miles of each Supreme Courthouse. The roll was formerly compiled by police canvass, but following the Juries Amendment Act of 1963 will be prepared every three years from the electoral rolls. Before each criminal sessions a jury is chosen by lot from the names on the roll. The panel is sworn at the beginning of the sessions and from it 12 jurors are drawn for each trial. The Crown and the accused may each challenge six jurors peremptorily. In addition the Crown may stand aside any juror called; he can be recalled only if the whole panel is exhausted. Challenges may also be made for cause, the challenger endeavouring to show that the person called is disqualified or not impartial. This form of challenge is rarely used in New Zealand.

In civil cases actions in the Supreme Court claiming payment of a debt or damages were, before 1924, triable by jury. In 1924 rules made by the Judges took away the right of jury trial except in causes of action arising solely out of tort. These rules were criticised on their merits and on the ground that so substantial a change should have been made by Parliament. The former position was restored by legislation in 1936. The present law is that civil actions, in which the only relief claimed is payment of a debt or damages exceeding £50 or the recovery of chattels exceeding that value, are tried by a jury if either party seeks one, unless the principal issue involves difficult questions of law or the trial will require technical investigations or prolonged examination of documents which cannot conveniently be made with a jury. Any other action may be tried with a jury if the Judge thinks it convenient. If the amount at issue exceeds £500 the jury is of 12; if £500 or less, of four. Unanimity is unnecessary in civil cases. The verdict of a three-quarter majority may be taken if all cannot agree within three hours.

There is little sign that the use of the jury in civil cases is diminishing. In 1950, out of a total of 358 cases of all kinds, 90 cases were heard in the Supreme Court with a jury. In 1960 the figures were 386 and 138. Some, however, would like to see the civil jury eliminated in most cases, as it has been in England and in some of the Australian States.

by Bruce James Cameron, B.A., LL.M., Legal Adviser, Department of Justice, Wellington.

The grand jury existed in New Zealand from 1844 to 1961. Its function was to consider bills of indictment preferred against persons committed for trial and to decide whether the evidence against them justified their standing trial. At first the grand jury retained the theoretical power to present an indictment of its own motion, a relic of mediaeval times when the grand jury's purpose was to accuse rather than protect from trial. This power, still a real one in the United States, disappeared in 1893.

From about 1880 the existence of the grand jury as part of the machinery of the criminal law was strongly attacked and as strongly defended. The essential dispute was whether it served a useful function. Although it was said to review badly what the committing Magistrates had done well, most committals for trial were (and are) by lay Justices. Undoubtedly it did sometimes save an innocent man from the ordeal of a trial. In doing this, however, the grand jury almost invariably acted on the suggestion of the Judge. To give Judges a direct power to reject an indictment seemed to offer equal protection. This view prevailed.

Trial by jury has been through all stages of New Zealand's history the most favoured procedure for ascertaining guilt consistent with protecting the innocent. It is and is likely to remain automatic for the most serious crimes. In other cases the accused may claim jury trial wherever the maximum imprisonment for the offence exceeds three months. Although this right is often not exercised, it is highly valued and regarded generally as a fundamental safeguard. The jury in civil cases in the Supreme Court is not of fundamental importance, but is also favoured and commonly used.

The first provision for common juries was made in 1841, the qualification for service being, as in England, property ownership. Lack of adequate records of title made a property qualification impracticable, however, and in 1844 every male British subject (other than a Maori) of good fame and character between the ages of 21 and 60, with certain exceptions, mostly occupational, was declared qualified to serve on a jury. Intended as a makeshift, this has remained the test to the present day. The upper age limit was raised to 65 in 1945.

In 1942 women were enabled to volunteer for jury service, the age limits since 1961 being the same as for men. Few women have volunteered and only a handful have served on a jury. The Juries Amendment Act of 1963 makes them liable to be included in the roll in the same way as men, but gives a woman an absolute right to have her name withdrawn on request. Compulsory jury service for women has been urged for many years by a number of women's organisations, but has been rejected on the ground of difficulty in providing for the exemption of women with young children. A petition to Parliament in 1963 resulted in the present compromise.

Maoris have hitherto not been eligible to serve on ordinary juries. An ordinance in 1844 declared that any Maori whose capability was certified qualified and was liable to serve on a mixed jury for the trial of any case in which the property or person of a Maori might be affected. This introduced, in theory at least, a measure of racial equality, which says much for its sponsors. There was a retreat in 1868. A Maori accused of a crime against another Maori could claim trial before an all-Maori jury, but no Maori could serve on a jury if either accused or victim was a non-Maori. In civil cases a Maori jury could be claimed if both parties were Maoris; a mixed jury if one party was a Maori. The law remained in this form for nearly a century. In 1962, legislation, which will come fully into force in 1965, abolished separate Maori juries and placed Maoris and others on an equal footing as far as jury service was concerned.

(1847–1938).

Anglican Primate and Archbishop of New Zealand, Bishop of Christchurch.

A new biography of Julius, Churchill appears in the Dictionary of New Zealand Biography on this site.

Julius was born at Richmond, England, on 15 October 1847, the son of Dr F. G. Julius. He was educated at Blackheath Proprietary School, King's College, London, and Worcester College, Oxford, where he graduated bachelor of arts in 1869 and master in 1871. He gained his doctorate of divinity in 1893 and in 1920 was awarded a doctor of laws degree by Cambridge University. He was ordained a deacon in 1871 and a priest in 1872. Julius was curate at St. Giles, Norwich (1871–73); then at South Brent, Somersetshire (1873–75). He was successively Vicar of Shapwick (1875–78), Holy Trinity, Islington (1878–83), and Ballarat, Victoria, where he was also Dean of Christ Church Pro-cathedral and Archdeacon of Ballarat from 1883 to 1890.

In 1873 he married Alice, daughter of Colonel M. J. Rowlandson, and had a family of five daughters and two sons, one of whom, Sir George Alfred Julius, was the inventor of the totalisator and chairman of the Australian Commonwealth Council for Scientific and Industrial Research from 1926 to 1945.

Julius was consecrated Bishop of Christchurch on 1 May 1890. On his arrival he found the cathedral was uncompleted. He launched an appeal in 1898 and had the building consecrated on All Saints' Day, 1904. But perhaps his greatest concern was with education. One of his first actions was to appoint a commission in 1892 “to consider the action of the church in relation to the education of the young”, the report recommending a joint submission to Parliament by heads of denominations to repeal the secular qualification in the Education Act of 1877. A Bill failed to pass in 1896 and the movement received a check during the First World War, on the grounds that contentious questions should be held in abeyance during a time of national emergency. Subsequently Julius sought to restore church primary day schools, but his enthusiasm, not being shared by many, resulted only in the rebuilding of St. Matthew's School (renamed Victory Memorial School), St. Albans, in permanent materials, and the opening of St. Mark's, Opawa, open-air school. Realising there must be trained teachers to establish church schools, in 1916 he offered half his salary and the use of Bishopscourt to form a church teachers' training college and a hostel for women students attending the Government Training College. The teaching order failed but the Bishop Julius Hostel is still performing its useful function. Further evidence of his zeal for education was shown in 1916 when a Diocesan Education Board was set up and a permanent Sunday school organiser appointed. From 1890 to 1920 Julius was a member of the Board of Governors of Canterbury College (University).

In 1893, on his return from England, he founded the Community of the Sacred Name whose deaconesses still give valued service in St. Saviour's Orphanage (converted in 1910 from St. Mary's Home) and in parochial duties. Under his vigorous leadership, the Mothers' Union, Bible Class Movement, and Girls' Friendly Society extended their activities, while clergy and Sunday school teacher refresher courses and retreats were organised. Missions were conducted in 1895 and 1910, and a healing mission in 1923. A City Missioner, the Rev. P. Revell, was appointed in 1919. Under the guidance of Julius, Canon Wilford commenced St. George's hospital in 1922, the first block of which was opened in 1928.

To Julius is due the setting up in 1916 of the Standing Committee of General Synod, which could act as an executive body between its triennial sessions. Julius became Primate in 1922, and at the General Synod that year, he became the first “Primate and Archbishop of New Zealand”, which position he held till 20 April 1925 when he retired. He died at Christchurch on 1 September 1938.

Julius was noted for his vigorous leadership in all church activities, his gifts of wide sympathy, geniality, eloquence, and humour, and, above all, his zeal for education.

by John Sidney Gully, M.A., DIP.N.Z.L.S., Assistant Chief Librarian, General Assembly Library, Wellington.

• Canterbury Pilgrimage, Parr, Stephen (1951)
• Church News, Oct, Dec, 1938
• Press (Christchurch), 2 Sep 1938 (Obit).

Sir William Martin – January 1842 to June 1857, died 1880; Sir George Alfred Arney – March 1858 to March 1875, died 1883; Sir James Prendergast – April 1875 to May 1899, died 1921; Rt. Hon. Sir Robert Stout – June 1899 to January 1926, died 1930; Sir Charles Perrin Skerrett – February 1926 to February 1929, died 1929; Rt. Hon. Sir Michael Myers – May 1929 to August 1946, died 1950; Rt. Hon. Sir Humphrey Francis O'Leary – August 1946 to October 1953, died 1953; Rt. Hon. Sir Harold Barrowclough – November 1953-.

by Ronald Jones, Journalist and Script Writer, New Zealand Broadcasting Corporation, Wellington.

On 15 September 1862, however, the Court of Appeal Bill was passed by both Houses without apparent discussion, and on 10 February 1863 the Chief Justice, Sir George Arney, presided over the first sitting, which was held in Christchurch. With him he had H. B. Gresson, Johnston, and C. W. Richmond, J.J. The Court held its first Wellington sitting in October of the same year, went to Dunedin in 1864, but did not reach Auckland until later. That Court survived for 95 years until the passing of the Judicature Amendment Act 1957, when it was replaced by a permanent separate Court of Appeal under the presidency of Sir Kenneth Gresson, with two other members, Mr Justice North and Mr Justice Cleary. (The Chief Justice, Sir Harold Barrowclough, is an ex officio member of the Court.) Several generations of practitioners had campaigned for the setting up of such a Court, and its inaugural sitting on 17 February 1958 was one of the milestones of legal history in New Zealand.

By the time the original Court of Appeal was established, the judiciary had changed its personnel entirely. Sir William Martin, who was knighted only after his resignation in 1857, had returned in poor health to England; Mr Justice Chapman had resigned and crossed the Tasman in 1852; and two other Judges, S. Stephen, J., and D. Wakefield, J., who had been appointed in the fifties, had died within a week of each other in 1857. There had been four new appointments, Arney, C.J. (1858), Gresson, J. (1857), Johnston, J. (1858) and Richmond, J. (1862), and it was these four who comprised the first Court of Appeal.

Only seven other appointments were made to the Bench in the nineteenth century. These included two Chief Justices – Sir James Prendergast (1875–99) and Sir Robert Stout (1899–1921), and Sir Joshua Williams, who sat as a puisne Judge for 39 years from 1875 until he was called to the Privy Council in 1914, one year before his death.

Since the resignation of Sir Robert Stout in 1926, only four Chief Justices have held office – Sir Charles Skerrett (1926–29), Sir Michael Myers (1929–46), Sir Humphrey O'Leary (1946–53), and Sir Harold Barrowclough (1953– ).

The first New Zealand born Judge was Sir Frederick Chapman, son of New Zealand's second Judge (1903–24). Mr Justice A. S. Adams (1921–33) was followed on to the Supreme Court Bench by his son, Sir Francis Adams, J. (1950–60), and Mr Justice H. B. Gresson (1857–75) is today represented in the judiciary by two of his descendants, Sir Kenneth Gresson, President of the Court of Appeal (grandson), appointed in 1947, and T. A. Gresson, J. (great-grand-nephew), appointed in 1956.

The New Zealand judiciary has increased both in numbers and in stature since the turn of the century, and it is certain that the steady expansion of the duties and responsibilities of office has contributed as much to the one development as to the other. A first phase could be taken as beginning in 1899 with the dignified figure of Sir Robert Stout. His colleagues, most of them schooled at the feet of such masters as Prendergast, Richmond, and Williams, comprised a notable company, learned, rock-like, serene. Denniston, Edwards, Cooper, F. R. Chapman, Sim, Hosking, and Salmond are the names that come most readily to mind.

Then a quarter of a century later there was the era of Sir Charles Skerrett and Sir Michael Myers. Skerrett, who laboured under the most crippling ill health survived only three years of office, but his successor served for 17 years. Both of them were stalwarts of the profession and the Bench, and surrounded by such familiar personalities as A. S. Adams, Reed, MacGregor, Ostler, Alpers, Blair, Smith, Kennedy, Johnston, Fair, Callan, and Northcroft, their calibre may be measured by the way they faced up to the long-term effects of post-war unrest, economic and social unease, and continual assaults on time-honoured legal conceptions, to say nothing of a Second World War and its disruptions.

Nor was the burden of the judiciary any lighter in the Sir Humphrey O'Leary period of 1946–53. The Second World War had left its mark on the law no less than on the community. What had for years been deplored as a multiplicity of statutes gave way to the dangers of delegated legislation with all its legal complications and difficulties, but Judges like Finlay, Stanton, Cooke, Hutchison, F. B. Adams, Turner, K. M. Gresson, McGregor, and Shorland – some of them still on the Bench – were equal to the task.

And that brings the record down to the late fifties and sixties of Sir Harold Barrowclough, and a company of Judges fairly evenly compounded of experience and vigour. It is probably the youngest Bench in the history of the judiciary, and it is conceivable that this contemporary school is coping successfully with the most formidable judicial task of the century.