FRIDAY, SEPTEMBER 10, 1880. A DECISION ON COSTS.

Manawatu Herald, Volume III, Issue 3, 10 September 1880, Page 2

FRIDAY, SEPTEMBER 10, 1880. A DECISION ON COSTS.

«. Considerable comment has been caused by a decision given by Mr Ward on Wednesday regarding costs, in which a decided difference was made in his treatment of two persons. Messrs Bockstrow and Purcell were both summoned to the B.M. Court by the Trustee m Brown's estate, and both proved to the satisfaction of the Court that the claims made against them had been already satisfied, and judgment was therefore entered for the defendant in each case, with costs. Both defendants applied for costs for their attendarice,and in the first case, that of Mr Purcell, the defendant was allowed ten shillings, but in the case of Mr Bockstrow, a guinea was awarded. When his Worship awarded a guinea Mr Hankins, solicitor for the plaiutiff, was evidently taken aback, and said, 4' A guinea ! your Worship !" " Yes," said the Magistrate, " I usually allow a guinea to business men, when brought to Court. For instance, I have awarded Mr Gray a guinea for his attendance, and also Mr Thynne. " Mr Hankins thereupon let the matter drop. We think Mr Ward made a very great mistake in thus making fish of one defendant, and flesh of another. Had he taken the ground that he regarded Mr Bocksttow as a professional man, and upon that allowed him two guineas, there would have been less objection to his action. He did not follow that course, however, but classed Mr Bockstrow with two well known business men, and stated that because he had allowed them a guinea per day he would allow the same to defendant. Precisely so. But why not have treated Mr Purcell in the same way ? for he is well known as a farmer who also carries on business as butcher in the township, and is as certainly a business man as are either Messrs Gray or Thynne. We do not refer to the matter merely because of the parties, for if they were reversed we would write in exactly the same strain. Undoubtedly a guinea is little enough compensation for any business man who is compelled to hang about all day to defend a vexatious claim that has been already satisfied. But let all such persons be treated alike, and whether the person in question is a butcher or a grocer let each have evenhanded treatment.