HIS OWN LAWYER.

Dominion, Volume 3, Issue 885, 3 August 1910, Page 2

HIS OWN LAWYER.

NODINE CASE AGAIN. OBJECTION TO EXAMINATION. Charles Nodihe, tailor, of Wellington, was again heard in tho Supremo ■ Court yesterday. At a previous sitting the Chief Justice (Sir Robert Stout)vMiadgiven judgment against him for tho sum of .£77 13s. Cd., on tho suit of Alexander Hannah. Yesterday's proceedings, which. Were taken before Mr. Justice Cooper in Chambers, were originated by tho plaintiff. . Hannah by means of a summons for examination of tho defendant as to the means at his disposal for satisfying the ' judgment; ..'.'• ; Mr. 'Fair represented' the plaintiff, " Defendant again appeared on his own. 1 behall.. . "'.■■•:■.■ His Honour (to Mr. Nodine): What ' have you to say? There is a' judgment against you for seventy-seven pounds. Defendant asked whether tho examina- • tiou was to take place ''immediately;' His Honour: I think it is most un-; . fortunate for you that you have nofc : . consulted a solicitor. There is a.rule . that a person who has secured a judgment against another is entitled to-have' him examined before the Court as bo his l property, his debts, and his means. YouJ " are liable to be examined. Defendant: I should like- to avoid it. . , His Honour: On what grounds.do yow ask to avoid it? .. Defendant: The case arose before the* Chief Justice. ■ '■ ■ . : • ■ His Honour: I am not concerned witM > that. There is a judgment against youj for. .£77 135: Cd. That is the beginning;/ of the case, so far as I' am concerned. I have no discretion to refuse the order* > Mr. Fair: Perhaps Mr. Nodine. is not!■;■ aware that if ho pays up there will be no< ■ further proceedings. ■ ' \■ Defendant: Yes, I know that .very well,)' Everyone knows that. But I think • it! ought to be held over until 'after:' thei : charge of perjury, has been dealt with. . ■■'•': 1 His Honour: That has nothing to do.-, with it. "'■ : ■' ■"• ■■.■■• • ..-■ ■.'. ■"• Defendant: It has a lot to do with me!> His, Honour: I am not asked to'makef any order about-that, but only to direct , .■ you to go into the witness-box. The plaintiff has a right to-put you : there and examine you.; .. ' ... ...•;, ■Defendant:.! brought a charge against l . them, and they brought a charge against His Honour: I have no' jurisdiction to* go into anything prior to the judgment! ; against you for £11 13s. ;6d.; and the . rules of the court, require that I have ,- to order you to go into' the box to bo examined as to your, .means. ": .-..' ' : :,> A further objection, by the defendant ~; that the other side 'should have waited ' until the return of'the Chief Justice, who knew more about the matter;: was 'j brushed' nside by the ijud'ge.'" De- '. fendant next suggested/that tho' object' of the proceedings was:to prejudice ;him ; in the eyes of the jury' in. the forthcoming trial for perjury. . ■. His Honour: I. can't see that it would prejudice you in any. way. . •!■■;■ . Defendant: I think that is their de- ■ liberate purpose, and it "is in accord' with all their past, actions.';' It is iny ; intention to ■ appeal; against;; the whole-' judgment, as bad in'law amj',in fact. '■:' ■'"'■ His Honour; , . Well, then, yon will have to give • security. If you will give , security for .£77 13s. (3d., and' costs,' that is all that'the 5 other side wants,'l sup-. : ' •pose. You can't appeal without giving ' security. '■'■■_.■'" , '": Defendant: I think'after (he'perjury, caso in heard; it will' be seen that there . aro strong, grounds for appeal. ■:'..■ ' His Honour: You-ought to;'consult* ■lawyer. '.' -.•'.■. V. .• '" ;; ; ' . Defendant: Tou. can't'get. one;. ■ His Honour: You can-avoid'this'ex-' ■ animation'by giving notice of appeal and; ' lodging security. " .' • '■■■"■■■t . ■ Mr. Pair raised.the, question,' as'.'fo< Lwhcri the'time'for appeal would' expire. '■ . His Hono'ur eaid the judgment wasi ■ entered on June .20,' and 'the time fop: appeal would therefore not expire 'Until , ' j'K'-V■V^ <P*u ' .;•;;"'.■:•■;':: His Honour: I will postpone the'"macter until this day. week, and if :* you lodge notice of- appeal within'the seven :'' days,'-', with ■tho ■ necessary, •'security,''' U>y . the Satisfaction;of-'.the'. Registrar, yon'will to, .not be required r;;to'; be', examined. .- % If' : : : you don't do that,-you.must come.here.' this', dav week' to ,, ;be, examined. '•;■ :■ •- • 1 , .':. ■Defendant: If .your Honour.-will makeit three weeks .'" ,•• -, ■" • His Honour: I. cannot, do ■ that.. vEj am making a concession which the otherside might have a right; to ask met' to refuse. . . .:.■■■' . ■~ ~■ i Defendant: I have had no dcniaiidfon the; money. . . . ■■. ; . : Mr. Pair': Ho. has 'been served with' a! ' notice for. taxation of costs. ', His Honour: That is not a demnndL for the 'amount of the judgment. ■: ■'-: Mr. Fair ■ consented to the postpone* -■ ment;as suggested by his Honour...- : ;■ Defendant: I think it is a little hard, ■ . His Honours Well, I could not do 1 much for you without Mr. .Fair.'s con*-, sent.-' .■■'.:. ".'■■•.'..•■ ... Defendant: I am well-known in Wei-. lihgton; I should'like to have time. to* ■ prepare my defence, and •be spared. thesa pin-prickings. . . .;.' . '•."'< ■'• ... 'His Honour: Well, you will be snared .■ the pin-prickings, if you pay. the\£77'for ; which you are_ liable.. ; : '■. ■ ■■~. The case was adjourned until 11 a:m. . next Tuesday, and his Honour informed tho : defendant' that if he had noti bj ' that, hour lodged .notice of .appeal with \ the security,: the-examination .would-then ■'"■ proceed. ' .- . '-~.•.. ..- '-. -; .Defendant: I thank your Honour very '.:• much.: ' ; ... ; - . ' ~ ■■' - •His Honour:.l can't do any more for you. ■ I am bound by the rules as much' as anybody.. . • ".- • ■. •.;.'..,'' ~ .''; ' Defendant:'! have nothing to do with!'■ that.' " . ■ ; . r\ ..,. ■ ,'.: His Honour: Yes, you have everything - to do .with the.rules. Now, do you quite • understand?. , .'. ''■'. -;...• . ; Defendant: Yes,, your. Honour, thanJJ you.-' .'■'..'■ ,: ■. ...'.-;.,