IN BANCO.

Nelson Evening Mail, Volume VII, Issue 83, 6 April 1872, Page 2

IN BANCO.

Re Harry Pitt ex parte M'Callum. — In this matter, Mr. Fell, instructed by Mr. Nelson, of Blenheim, ou the 24th January last, moved for and obtained a rule, calling on Mr. Harry Pitt, of Blenheim, solicitor, to show cause why he should not forthwith pay to Archibald M'Callum, of Blenheim, farmer, the sum of £625, with interest and costs; and, further, why he (the said Hnrry Pitt) should not be struck off the rolls cf this Court.

It appeared from tbe affidavits in support of the rule, thafc Mr. Harry Pitt had received from him the sum of £750 with which to pay the deposit thereon. After the lapse of more than six months, M'Callum discovered thafc the vendor had not received the money, and that except £125 it was not forthcoming. He thereupon instituted these proceedings.

His Honor, in giving judgment, stated that he would sny as little as possible on the matter, as it was one which, in the course he was about to take, must come before a higher tribunal of which he himself would probably be a member ; yet he must say so much as would vindicate his

decision.

The main accusation v/as contained iv the 12th paragraph of M'Callum's affidavit, namely, that from the time of the supposed agreement for the purchase of the land, down to the 21st October, 1871, (about eight months), he had been led to believe by Harry Pitt thafc the deposit had been paid to the vendor. This accusation met; with no explicit denial ; there were certain statements of Mr. Pitt's affidavit which involved a denial, from wbich the contrary might be inferred, but could these be taken as equivalent to an assertion on Mr. Pitt's oath, thafc he had told M'Callum that he had kept the £750 for himself, while M'Callum was still liable to the vendor for tbe whole ? He thought not. There was no doubt that the detention of the money by the solicitor in his own bands when he had an overdrawn account, was in itself miscoudtjcfc, and this was greatly aggravated by concealment. There could be no doubt as to the conclusion that any person of common sense would come to upon the affidavits. He lamented to think that they showed the commission of gross fraud, which it was attempted to conceal by equivocation.

The ultimate responsibility was taken off his Honor, but being of opinion that the rule ought to be made absolute, he ordered thafc the case be reserved for the consideration of the Court of Appeal at its next sitting ; and further, that Mr. Harry Pitt, frora and after Saturday, the 6th instant, be suspended from acting as a Barrister or Solicitor, and from the enjoyment of all privileges appertaining thereto, until the decision of the Judges of the Court of Appeal be made ; and further, that Mr. Harry Pitt do forthwith pay to Mr. M'Callum the sum cf money claimed by him.

Seventy of the passengers by the ship England have been landed at Wellington. The Government iutenda to institute a strict enquiry into their treatment on the voyage. The Governor aDd the lion. Mr. M'Lean were to leave Wellington on Tuesday last for Napier whence they imended to travel overland to Auckland. Scarcity of Labor on the West Coast. — Considerable difficulty, says the Greymouth Star, is experienced by contractors up couutry .in procuring labor necessary to carry ou the works they have undertaken. If this be the case there is an end to all fear for the large population thafc has recently settled in the neighborhood of the Inaugahua. The wages offered are, we believe, twelve shillings a day for ordinary laborers.

A Recent English Work says the royal plate at Windsor is kept in a tolerably sized room. and an adjoining closet, and is valued at £1,750,000 sterling. There is one gold service, formed by George TV., to dine odo hundred and thirty guests. Some pieces were taken from the Spanish Armada, some brought from India, Burranb, aud China. There are thirty dozen of plates, which cost twenty-six guineas each plate.