SUPREME COURT.

Dominion, Volume 3, Issue 863, 8 July 1910, Page 9

SUPREME COURT.

A SOLICITOR'S BILL OF COSTS. AMENDMENT DISALLOWED. An unusual case, which had been discussed in Chambers, was deckled yesterday by Mr. Justice Cooper. It had reference to tho amount of a billot' costs submitted by Mr. J. J. M'Grath, solicitor, on account of professional services rendered in connection with the estato of a Maori woman named Iliraaiii te Ilei. Oil July 2(1, 1307, Mr. M'Grath had been retained by tho Public Trustee to act for him in the estate, in certain matters connected with Native lands held bv the Public Trustee, as trustee of tho estate of the deceased Native. In November, 1908, Mr. M'Grath rendered liis bill of costs (<£l2o 12s. 7d.). The document contained a statement of tho work done, but no charges were entered in iaspect of ■ tho particular items. Tho Public Trustee returned the bill of costs to Mr. M'Grath, asking that tho demand for tho lump sum should bo supported by au assessment of each item. In September, 190;), Mr. M'Grath delivered a bill tor ,£213 15s. 3d., with the required particulars specified. When the matter was brought before the Court, Mr. M'Grath liled an affidavit stating that in preparing the original bill, lie had omitted to include numerous items which appeared in his costs book. Mr. A. Gray appeared for Mr. M'Grath, and Mr. ,T. W. M'Donald for the Public Trustee.

His Honour decided that, when a solicitor had rendered a bill of costs in wlicili the work douo was specifically and in a detailed manner set forth, as it had been in (he first bill of costs delivered by Mr. M'Grath, and where, as in the present case the solicitor had assessed the charge for his services at a lump sum, and had signed the bill of costs, and where, for some months, ho had not mentioned to his client that any mistake had been made, it was not open to him to apply to the Court for permission to deliver a fresh bill of costs on the ground that he had assessed Die lump sum under a mistake. His Honour could not therefore hold that Mr. M'Grath had established the mistake alleged by liini. His Honour decided that Mr. M'Grath was bound by the amount stated in his original bill of costs, and that the amount to be allowed by the Registrar must be the sum of .£126 12s. 7d.

CRIMINAL COURT. "EEI'ENTED HIS WRONG-DOING." A middle-aged man, Edward Ernest Lawrence, having pleaded guilty to u charge of sheep-stealing at Feilding, was brought before the' Chief Justice (Sir Kobert Stout) in the Supreme Court yesterday for sentence. His Honour said that the reports submitted to him showed that the prisoner had repented of his wrongdoing, and had made restitution to the owuer of tho sheep. Under these circumstances, lie would bo granted probation for a period of three months, and would be required to pay, within two months, the sum of three guineas towards the cost of (lie prosecution.