RESIDENT MAGISTRATE'S COURT.-Feb. 15.

Mount Ida Chronicle, Volume III, Issue 155, 23 February 1872, Page 3

RESIDENT MAGISTRATE'S COURT.-Feb. 15.

(Before H. W. Robinson, Esq,., R.M.)

The Queen, per "Robert,Donaldson, v., Henry Young.—Larceny of'goods .at" Macraes to the value of 1 Is. Sentenced to one month's imprisonment, with .hard labor, in Xasebv gaol

The applications of Thomas Stanley of Macraes, and Richard Francis of Nasehy, for slaughtering licenses, were granted.

SAT RDAY, 17TU FEBRTTiLBY., Police v. George Provan.—Disorderly conduct .in the licensed house, the -Liverpool Arms, of which he is the tenant, on the night of Sunday, 11th February: Adjourned to 19th inst. Ajtken v. Frewen.—Claim, £6. No appearance. Wim Hunter v. J. B. Dunn. —Claim, £47*l3sw No appearance. Judgment for amount claimed, with costs £1 ss.

Gason v. Morgan. Smythies appeared for the plaintiff and said that he appeared as a solicitor of the >ui-' premc Court.—Mr. Rowlatt, a 'solicitor of the -Supreme Court, appeared fop the defendant, and objected to MjvSinythies appearing as a solicitor, and put in an office copy of an order of Judge Ward's suspending Mr. Smythies from practising as a barrister and solicitor of the Supreme Court. —Mr. Smythie* urged that he did not appear as a solicitor of the Su|)reme Court, but that* beinj a solicitor, the Resident Magistrates Act authorised him to appearand in support of his position he put in the certificate of his admission. Mr. Smythies further urged that, by the Supreme Court Act of 1864, by which the office >f solicitor was created, it is enacted that solicitors si-all be admitted to practice in that Court. It i« further enacted that solicitors may also practice as proctors and conveyancers, thereby admitting that persons ad nitted to practice as solicitors and placed upon the Rolls —that is, being persons proved to be learned in the law—may fulfil duties of a legal nature other than that of solicitors. It is also enacted that all solicitors " practicing as such " must takeout a yearly certificate, from which words, " as such," it may be in-erred that solicitors practicing as pro-tors or conveyancers need not takeout a certificate. The Resident Magistrates Act places solicitors upon the Roll in, appearing for suitors in that Coi.rt, in the same position" as the Act of 1544 (renewed by the Act of JS6I) places proctors and conveyancers, i hat the order of suspension prevents his piacticing.as a barrister or solicitor in 'th*» Supreme Court ("practicing as such") that his. appearance, for a party in this Court isnot.a practicing as & solicitor; but, that being a solicitor—a person learned in the law—the law allows, him to appear for parties in this Court. , That his. right to appear is a privilege; which cannot be taken away by implication, but only by express words. " : That the order of suspension dpes o not,and^could not, deprive him of the; right tQ appear in this Court. That Judge Ward, if sitting by his Worship's side, could not take away tight/rituch less could he do so by an order of his own Court. The Resident Magistrates Act., enacts ;that parties may appear by a barrister or solicitor of the Supreme Court. He is a barrister and solicitor of the Supreme Court, and therefore fulfils all the requisites of the Act, and there is nothing before the Court which can deprive the plaintiff of the privilege granted by the Act. —After consultation, Mr. Robinson said the Bench was of opinion that they could not hear Mr. Smythies as a solicitor of the Supreme Court. At the same tine, it desired that it might be clearly understood that it expressed no opinion of tbe justness or propriety of the,, proceedings which compelled the Bench to give this decision. Smythies then put in an authority signed by the plaiutiff, authorising him to appear as his agent.—Mr. Gason (the plaintiff) proven that, in the year 1869, the defendant acted as his agent at Kyeburn, and entrusted a person of the name of King with his goods to the amount of £l3 ; that King was also indebted to the defendant in £l3 ; that Kmg.proposed to witness to sell him a

share in a w;aterrabi3 for and it waV ultimately-agreed between Witness, defendant, and" King "thair witness should, purchase the race for £39, and should pay defendant the £l3 owing to him out 'pt' the purchase money, and that if he (witness) suffered any loss upon the re-sale of .the race that he (the defendent) should bear half the Iss; that he had, with the knowledge and consent of defendant, sold the race for £5, and now sued for £ 17, half,of the loss.—-King corroborated plaintiff's statement as to the agreement. —Mr. Smythies also put in a. correspondence between * the plaintiff and defendant confirmatory of the agreement.—-Mr. Rowlatt objected to the?': letters being put as being evidence in support of the agreement; Theyrequired: a. stamp. ~\ Mr. Smythies urged that it was only letters which proved .the agreem\ rit that required a stamp The agreement had been proved to. have been made twelve months before the letters were written; and the letters were put in merely to pr.ive that an agreement had been made.—The. objection was overruled —Mr. Rowlatt, on behalf of defendant, objected that the agreement waswiwlw factum, there no consideration for it, and called the defendant to give evidence in support of the objection.—The; Court over-ruled the objection, and gave judgment for the full amount claimed, with costs.

Rowlatt v. Ryan.—This was ah action by Mr. Rowlatt, solicitor, Naseby, to recover the amount of his bill of costs; £2O L7s. LOd. for business done for the defendant. Mr. Smythies appeared for the defendant.' - The plaintiff put in his bill of costs as delivered a month before action. Mr. Smythies objected.to the bill as being insufficient 1 to satisfy the Law Practitioners Act, which requires that a bill setting out the items uf all fees &c, should be delivered a month before action be brought, inasmuch as it contained an item, " Agents charges, £9 19s. 2d.," in a lump sum. Mr. Smythies-cited 'Tidd's Practice' in support of his objection, which was allowed. Plaintiff nonsuited.

Monday, Feb. 19. J Queen (Per Thomas Stanley) v. Ja«.'. : Carr. Charge 'of unlawfully and jna-' liciously shooting a cow, the property' of the above-named Thomas at Macraes, on the 15 th inst. Upon the applicati n of M>. Kowlatt, who appeared for the prosecution, the case was remanded to Macraes Flat —the hearing to take place on Thursday,. Feb. 22nd inst., at eleven a.m.

Application of Walter Inder for the, renewal of slaughtering license on Hogburn Flat was granted. ; 'v Police v. George'Provan. This ca3e, adjourned from the 17th was now heard. Mr. Shiythies, who was not allowed to appear for the defendant, stood by his side, and in very audible whispers advised him as to what he should plead, and what he should and should not say in defence. The whole affair excited the merriment of all in Court, and led to numerous little scenes which though amusing enoughat the time in themselves cannot, if permitted to continue, fail to bring the Court- into public ridicule. Fined '2os. and costs. ■ " i '.-"■■