County Court. — December 9.
The County Court sat on the above day ffto t the dispatch of criminal business, and upon the names of the jurymen being called over his honor the Judge, in a very neat address, dismissed them, congratulating them and the colony upon the infrequency of crime, and the absence of any case for trial before that sitting of tho Court. The following day the Court sat for the 'dispatch of civil business, but the cases were I few and uninteresting-. The only case trortlij noticing being an action brought by Mr, D'Oyley, Attorney, for the recovery of expences and charges incurred for professional services to Mr. Kempthorne, Architect, it appears that Mr. D'Oyley had been em. ployed by Mr. Kempthorne to draw out a mortgage deed for lands bought from Mr. Cleghorne, but on account of subsequent arrangements with Mr. Cleghorne, the mortgage was deemed useless, or at all events was never executed. Mr. D'Oyley as 3 matter of course, claimed his fees for drawing out the deed. Mr. Coyney appeared on behalf of Mr. Kempthorne, and endeavoured to plead that Mr. D'Oyley had only been instructed to draw out a draught of the deed, but as the instructions which were under Mr. Kempthorne's own hand writing, did not bear out this interpretation, the Judge at once decided in favour of Mr. D'Oylej. It is rather a bold attempt to fasten a lawyer on a point liko this. Mr. D'Oyley in addressing the Judge, observed that he had been twenty years in practice, and that ho had not during that time occasion to bring a similar case before a Court of Justice. We must say, that however anxious we are at all times to see that lawyers take no undue advantago of their clients, we are equally opposed to any attempt at procuring the lawyer's services for nothing, " the labourer is worthy of his hire ;" and tho public have greater cause to complain of the heaviness of the fees which are paid to Government for Law, than of those which the lawyers actually receive for themselves.
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Daily Southern Cross, Volume 1, Issue 36, 23 December 1843, Page 2
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350County Court.—December 9. Daily Southern Cross, Volume 1, Issue 36, 23 December 1843, Page 2
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