COURT OF APPEAL.

Dominion, Volume 3, Issue 792, 15 April 1910, Page 9

COURT OF APPEAL.

SOLICITOR STRUCK OFF ROLL. .: USED CLIENT'S MONEY. An application wns mado iu tUo Court of Appeal yesterday before tho Chief Justice (Sir llobert Stout),. Mr. Justico Williams, Mr. Justico Edwards, and Mr. Justice Chapman, that the name of Hichard Williamson Hall, solicitor, of Ohakune,- should be struck off the roll, on t'he ground that ho had been convicted of theft. Mr. A. Gray appeared for tho Wellington . District Law Society, whuso motion it was that the rule nisi, granted by Mr. Justice Chapman, should bo nindo absolute. My. Crown appvaitd on behalf of the solicitor. ' ' Mr. Gray said that Hall had been tried for theft of.money by. Mr. Justice Edwards at WaiiEanui in September last, convicted, and admitted to probation. Hall had received the sum of £17 Is. 3d. from a client, to be paid into court in satisfaction of. tho balance of a judgment, and ho had kept the money. He Lad previously paid into coart about .£SO received from the client, iu respect of the judgment. The only excuse ho had given in evidence,was that. he. had somo costs against the client. Tho client, however, who was prosecutor, had sworn that he had agreed to pay Hall's bill of costs, if approved, as soon as it was sent in. There

was evidence, that he paid the bill promptly. ' " ' .'. ■'.- ' ■"

Mr. Justice Edwards: There was no OXCUS6, but I do not .think the man meant to steal the money. He meant to make temporary use of it. Of course, it is quite inexcusable. ■',■■■ Mr. Gray said that Hall or his friends had made restitution by paying the money to the prosecutor's solicitor. Mr. Justice Edwards remarked that Hall apparently made use of the money, under pressure from other people, hoping that he would be nblo to , pay it back. Many other men had dono the same thing, but;'unfortunately, they had not been found out. . •. - •

■ Mr.' Brown said that Hall, who had been suspended, did not ask to be excused, but he asked that tho matter )xi dealt with leniently now. A motion had been framed that the.Court might grant him permission to act as a clerk to a solicitor, .afc'a fixed salary. The Chief Justice'ruled that Hall must have his name struck off tho roll. He might'.apply after two years for reinstatement, and, if his.conduct were good in. the meantime, the Court might then listen to. such a proposal. The two years would count from November 5 last, the date of the issue.of the rule-nisi. The Court would grant him permission to act as i* clerk, so long as he did not share in the proceeds, and was on a salary. Hβ would have to pay 15 guineas as the costs of tho application. ■■''■, Jlt. Gray said that the Law Society were opposed to his. being allowed to work as a clerk in the town where the offence bad been committed. He understood that there was a proposal that'he should act as managing dork for a solicitor who was not living in tho same town. ' Mr. Brown . remarked that everybody would know that Hall was in a subbrdinato position. •......■ . iThe Chief Justice said that the Court would not order that ho must not be employed in the, town in which he, had previously practised. : . ••;.