BAIL MONEY

Hokitika Guardian, 25 June 1932, Page 5

BAIL MONEY

USED AS FEES

JUDGMENT BY CHIEF JUSTICE.

(Per Press Association — Copyright.)

WELLINGTON, Jun e 24

The proceedings brought by the New Zealand Law Society against William 'Noble, of Auckland, solicitor, came before the Court of Appeal.

The charge brought by the New Zealand Law -Society was that the sum of £IOO had been paid to Nobie to be deposited as bail for a client, and had subsequently been taken by him for costs, without the consent of the person depositing the money. It was contended by counsel for the practitioner, that throughout the whole affair, Noble acted honestly, although no doubt in error, as to the legal right. He had been informed that the money had 'been subscribed by a friend of the accused person for his (Noble’s) fee and was of opinion that the person depositing the money had deceived him aa to the purpose of tile subscription. The money in pursuailoe of a. judgment of the Magistrate’s Court, htld recently been paid to the person 'entitled to it. It was not alleged by the Law Society that Noble’s conduct was anything but frank and honest.

Chief Justice Myers, in delivering judgment, said that Noble had given a receipt for £IOO paid to him, which (was practically a declaration of trust, and- he should have repaid the sum d spirited in accordance with the undertaking given by him. It seemed, however, that Noble had been very badly treated and, though he had secured the acquittal of his client, the sum of money subscribed to cover the fee had been paid to others. In view of tho fact that Noble had acted perfectly openly and honestly, the Court was of the opinion that the case did not call for more than an order for payment of costs (£lO 10s) and disbursements.

An order was made accordingly,

that will restore a reasonable measure of prosperity is one of acute urgency. Unless ai practical' solution of this problem can be found, it does not appear that any increase in -trade facilities can, by itself, save the situation or put the farming industry on ito j feet. Therefore, it is hoped the ex- | pert knowledge that will be available | at Ottawa ( will result in some practi* j cal means of stimulating purchasing j power and of raising tile sterling price i level, even altlidiigh tile wider init’fi national problem may have to, be 'dealt with At A further conference, 1 which has already been (suggested I)s* the Prime Minister of Great Britain, j “There are also other important items on the agenda paper dealing , with shipping regulations and other ! matters, which the New Zealand delej gation have discussed with their colI Leagues. It is a matter of general agreement that tariff barriers, rising j higher as they have since the war, j are a cause of trade dislocation and depression. We welcome any promise of lessening the restriction® so as to permit of a free exchange of goods in the normal course of trade. If, by i mutual agreement, we now seek to move towards greater freedom of commerce over one fourth of the I world, this is in no sense antagonistic or detrimental to the interests of other nations, but, on the contrary, can well be a step towards the general i end which we desire.”

MB COATFJS FA REWELLED. IMPORTANCE OF CONFERENCE. WELLINGTON, June 24. On the eve of his departure for Ottawa. Conference, the Minister of Public Works, Mr Coates, and Mrs Coates, were farewelled by a large gathering at the Reform Club this evening, when eulogistic references were made to Mr Coates’ long public service, and the best wishes were extended him for a successful mission on behalf of the Dominion. Mr H. Johnston, K.C., presided. Mr Coates said that, during the last year or so —particularly during the last year—he could not 6ay that he had received a great deni of encouragement in. his work on behalf of the country, except frflm those who were his fri'ends. •Criticism was to« be expected, but he (Mr Coates) was inclined to think that some of the criticism, rather than being helpfully meant, had been for the purpose of distracting the public mind from the main problems and issues before the country.

He reviewed the unemployment profile as it existed in the Dominion to-day, detailing relief measures planned for Hie near future, Mr Coates said that it Avn<s essential to get to the source of trouble, if this could he done. Therein lay the great importance of the Ottawa Conference. Tt represented a possible solution of the country's .problems, and no energy should be spared, and no stone left unturned to remedy the position by united Empire action.