APPEAL COURT

Hokitika Guardian, 13 October 1930, Page 5

APPEAL COURT

(By Telegraph—Per Press Association. > WELLINGTON, Oct. 13. The charges /brought by the New Zealand Law Society against. Walter Thomas Foster Kells Mason, of Auckland, a solicitor, in the Appeal Court this morning were, by consent of both parties, adjourned til] the next sitting ot the Court, practitioner being suspended from practising his profession until, dealt with by the Court at next session. The application of the Law Society to have Cecil Michael Mc.Lavitt, a solicitor, formerly practising in Morrinsville, struck off the rolls was also heard. Mr H. F. Von Haast, who appeared for the Society, said McDavitt misappropriated trust moneys. He had been in the habit of advancing moneys belonging to clients for the use of other clients and had thereby created a deficiency in the trust account.

Mr O'Regan, who appeared for the practitioners, said the case was one of pure misfortune. The total amount of the deficiency was about seventeen pounds sterling and had been paid since the date of the audit of his trust* amount. An affidavit filed by McDavitt showed a long story .of misfortune and illness on the part /.cf McDavitt and his wife. He submitted the case he adequately dealt with if the practitioner be ordered to pay the costs of tho proceedings, , The Court reserved hV decision, The Court of Appeal also dealt with the application of the New Zealand Law Society to have Atlm) Feilding Howarth, of To Kuitl, barrister and solicitor, struck off the , roll of practising barristers and solicitors. Mr Von Haast said the allegations were that Howarth had appropriated to his own use the sum of at least £3OB 19s 2d up to June, 1930. He submitted that the order asked for fihould be made.

Air Perry, who appeared for Howartli, said the allegations made by Von Haast, were quite true. Howarth had been in practise twenty-two years and no previous complaints had been made against him. The deficiency in his trust account was not caused through extravagance but by reason of-advances made by Howarth out of hijs trust account to native clients. The Court again reserved its decision.

Charges brought by the New Zealand Law Society ‘ against John Charles Carroll and John Ponsonby Summers, of Hamilton, solicitors, was adjourned until to-morrow afternoon to enable a further affidavit to foe filed by practitioners.: