THE COURTS.

Press, Volume LIV, Issue 16166, 21 March 1918, Page 4

THE COURTS.

SUPREME COURT. (Dcfore his Honour Mr Justice Hcrdman.) CIVIL SITTINGS. Tho civil .-ittings <>f tho Supreme Court worn resumed yr>tt'i fl.ij . A QUESTION Or COSTS. In Miller v. the Union Steam Ship Conrpanv. 1.u1.. hi- Honour gavo judg-ment-011 tin? question ot costs, which waroforred hv the Court ot Appeol to be sealed bv'his Honour. The details in connexion with tlie action were set out hv his Honour in hi* judgment—tho main element being that though plaintiff succeeded in the Supreme Court in respect of his claim for £20-j2 10s, the amount awarded by the Court of Appeal was £-500. His Honour hold: (II 1 hatplaintiff was entitled to _ costs on the amount claimed up to and including.the day on which defendants paid £500 into court; (2) that plaintiff was entitled to counsel's fee tor the first day of the trial—August 31st. 1917, and to jurv fees and any other fees payable in respect of the trial up to and including that date, and that dofendants were entitled to tho costs of the action subsequently to August 31st, lf)17, as on :i claim of £2052 10s. His Honour certified for oxtra counsel for defendants for the days of trial other than August 31st, and for 11 •") los a day extra for each day of trial succeeding September -Ith. H)ir, His Honour fixed the fro for defendants' second counsel at. £8 Bs. Judgment was received hv Mr H. J. TSeswiclc for the defendants, and hy Mr S. (i. Ravmond. K..C-, ivith him Mr K. K. Hunt," for plaintiff. At the hearing. Mr Ravmond, K.C.. with him Mr Hurt-, appeared for plaintiff, and Mr Boswick, with him Mr 31. G. Gresson, for tho defendants. LAW PRACTITIONERS' ACT. In re I\. I>. Mclvnr, solicitor, Kaikoura, Mr ]•'. AV. Johnston, for the Law Society, said that he was instructed to place 'the facts before his Honour and to leave to the Court to decide whether or not the order nisi should be given effect to. MeJvor, counsel said, had been a voluntary inmate of Pakatoa for oi<rht or nino months; a petition had been received, signed by Kaikoura residents (including Justices of the Peace), asking the Society not to proceed in tho matter against Mclvor on the grounds that at the time the- breach was-made Mclvor was in ill-health and not fully responsible; that at the time_the petition was signed (August, 1917) he was convalescent, and that the signatories were wiling to entrust him with their legal work. The broach referred to arose out of the dishonouring of a cheque rlrawn by Mclvor on his trust account. Mclvor had made restitution of tho amount involved —£12 Bs. Counsel said that the Society left it to the Court to deal with Mclvor as leniently as possible.

His Honour said ili.it there was a further allegation that Mclvor's trust account had not been audited.

Mr Johnston said that it had since been audited. Replying to his Honour, counsel said that tho attitude of the members of the Society -was friendly towards Mclvor, and if it were not for the possibility that there might be a point, of public interest at stake, they would like to see him given a chance. After hearing Mr F. K. Hunt on behalf of Mclvor, his Honour adjourned tho matter for a month, counsel in the meantime to ascertain from the Crown Law Office if the audit of Mclvor's trust account was satisfac'ory with the exception of tho isolated instance referred to. In re Luther Hopkins, Mr Johnston asked that the matter be not proceeded with, and gave reasons for the request. After hearing counsel, his Honour said that ho understood that the Law •Society had thoroughly investigated the matter, and had come to tho conclusion that there was no dishonesty involved,

and it replly re-olved itself into a contest about the settlement of accounts between Hopkins and another. Mr Johnston having said that this was the ease, his Honour granted the application. SHTLTON v. FUKLOXG. His Honour, delivering reserved .judgment. in this case, an appeal by "Wilfred Carlyle Shilton from the decision of the Magistrate's Court, upheld the Magistrate's decision and dismissed the appeal with £7 7s costs. Mr Donneliv accented .judgment for appellant, and Air Hunt for respondent. MAGISTERIAL. (Before Mr T. A. B. Bailey. S.M.) DRUNKENNESS. A first offender was fined os or 24 hours' imprisonment for drunkenness. BROKEN ORDER. Georgo Albert Nicholas, charged with procuring liquor during the currency of a prohibition order, was fined £2 and costs; in default 14 days' imprisonment. EXCESSIVE SPEED. Catherine Almfeldt was fined 10s and costs for motoring at an excessive speed in Regent street, Woolston. RESERVED JUDGMENT. Reserved judgment was delivered in the case in which Stanley Ockenden (Mr Johnston) was charged with having carried out electric light work without being licensed as a first or second grade electrician, as required by the by-law. At the tinio the case was'heard, it was urged for the defence that tlie by-law was unreasonable, but his Worship held it could not bo called so, and fined the defendant 20s and costs.

CIVIL CASE. Further evidence was heard in the case in which Harry Jackson (Mr Dougall) claimed from Cyril "William Steele (Mr Johnston) damages to the extent of £15-5 3s 7d as a result of plaintiff's motor-ear crashing into a jxjst in Fcndalton road in August last. The accident, the plaintiff alleged, was due to. the negligent and misleading handling of defendant's car in Fendalton rpad, near Glandovey road. Eventually judgment was entered for the defendant, with costs.'