SUPREME COURT.

Evening Star, Volume VIII, Issue 2385, 23 November 1870, Page 2

SUPREME COURT.

IN BANCO.

This Day. (Before Mr Justice Chapman.)

Re Walter Taylor.—This was an application for admission as a solicitor.

Mr Maeasscy, uho opposed on behalf of the New Zoa’and Law .Society, submitted that the application should be refused on the grounds disclosed by the four affidavits filed; one of them was by himself, the others by Messrs W. I). Stewart, C. K. Turton, and W. A. Tolmie. [The purport of the affidavits was as follows; —Mr Macassey had been informed by Mr J. P. Maitland, R.M., that the applicant had conducted cases in his court at Tokomairiro and Balclutha, and he had seen a report in a Tokomairiro paper of his appearing in the B.M. Coni-t there and conducting cases on behalf of litigants. Mr Turton had been informed hy several residents at Balclatha that the applicant had been practising as a solicitor there for the last eighteen months ; and had been further informed that, while acting as such solicitor, ho had advised clients and had been paid for such advice, and had appeared for litigants in the R.M. Courts at Balclutha and Tokomairiro, and that he had prepared deeds and other documents for which he had made charges. Mr Tolmie set forth a letter from the applicant, in which he demanded certain road, rates due to the Warep iHoad Board, and a guinea expenses. Mr Stewart set forth correspondence with the applicant, fr mi which it was alleged that the latter had ac'ed for one Bain at Bdcfiuha, had put iu a hill of costs for professional services rendered, and received L 7 on account. The answering affidavits were—By Mr Mait and, R.M., who stated that the applicant had conducted cases in his Court on several occasions, hut simply as an agent, and not without first producing the written instructions of his principal to do so ; and by the applicant setting forth the fact that he was a solicitor of the English Courts, and had passed with honors ; that he had simply acted as agent in cases before the Resident Magistrate, and without remuneration from Bain, the L 7 rtr ccived from him having gone to pay the costs of Messrs Catomore and Stewart, and other legal expenses ; and that the demand of LI Is referred to Mr Tolmie’s affidavit was for the collector’s expenses which he was instructed to make.] Ho submit, cd that upon the grounds disclosed in the four first-mentioned affidavits a suffi-,-ent ivason would suggest itself to the Court why the present application shcull not bo granted. By them it was perfectly clear that the terms of the Law Practitioners Act, 1201, had been violated, It had been suggested by the applicant hat section 50 of that Act had not been contravened because section 80 of the Resident Magistrates Act permitted agents to appear in the Resident Magistrates Courts, but he apprehended the latter Act in no way overrode the former. The Court had a right to expect from the applicant a more satisfactory answer to the charges brought against him than had been made, and his explanation of the demand for a guinea from M r Tolmie was so extraordinary and improbable that the Court could not possibly believe it. If the Court were to accept answers of so unsatisfactory a character, it would be establishing a precedent dangerous iu the extreme for all time to come.

Mr Taylor submitted, as a preliminary objection, that the affidavits Hied by the Law Society were founded on hearsay evidence and could not bo received ; but bis Honor overruled it. He then asked for a postponement, in order that be might tile further answering affidavits ; but his Honor was of opinion that ho had ample time to do so. Mr Taylor would admit ho had acted as an agent. His Honor : That is sufficient. You are not entitled to do so.

Mr Taylor pointed out that the circumstances of his case were peculiar. His Honor ; You came out to this Colony with a very good reputation. You passed a reasonably fair—l might say a very goodexamination before me. Why did you not apply for admission on your arrival here, when you were in a better position to stand an examination ? Instead of that you go and practise in an irregular way. Mr Taylor remarked that ho was not in a position to pass an examination v/hen he arrived, as he was under the impression a study of the New Zealand law would be necessary. He could not get employment in tbe meantime, and had been obliged to go to the country to obtain means of subsistence. Had he not been an English solicitor lie would not have dreamed of acting as he had. He would bow to the Court’s decision, but hoped it would be lenient with him, as in his circumstances a severe punishment would be a serious matter for him. His Honor said uo one was more disposed than ho to make allowance for the difficulties of a man first coming out j.u obtaining some means of subsistence, still whgi.c the. statute was against the applicant, and there was opposition by a body actually appointed by the Legislature for no other purpose than to watch over the interests of the profc sion, in spile of any sympathy be might entertain for the applicant or persons in his position, he was bound to take notice of what was in his opinion an offence against the law, nor by perpetual jnmi .hment, Imt by a period of suspension. I’hc apolicatiou would be refused, with liberty to apply again at the cud of six months, upon the applicant’s former examination.

]n answer to the applicant His Honor said he would make this inodificatiou in his direction—lf the Law Society was satisfied, or if the Society by one of its

members applied for his admission it would be granted, but if the applicant applied for his own admission the earliest time would be at the end of six months.

In compliance with Mr Macasscy’s request his Honor ruled that by section 80 of the Resident Magistrates Act agents could only apjiear by special appointment in writing and without reward. Regina v. White. —Motion for arrest of judgment. Mr Smith moved the rule absolute ; Mr Macassey showed cause. [Left sitting.]