APPEAL COURT.

Taranaki Daily News, Volume LIV, Issue 99, 17 October 1911, Page 8

APPEAL COURT.

GRAZING RUN CASE. By Telegraph—Press Association. Wellington, Monday. In the case of Budge v. Bayly and others, the reserved judgment of the Court of Appeal was delivered this morn-! ing, Mr. Justice Chapman delivering the I judgment of the court. The question was whether where a lease had been granted of a small grazing run under the Land Act, 1908, the renewal of the lease was to be on the terms fixed by the Act of 1885 or on the conditions provided by the Act of 1908. The court held that the renewal must be under the Act of 1885. The question of costs was reserved. Mr. Bell formally gave notice of motion for leave to appeal to the Privy Council. The motion was adjourned for the present. A LAWYER AND HIS FELLOWS. Wellington, Monday. In the Appeal Court, to-day Mr. Cotter, on behalf of the Auckland Law Society, moved to have the rule nisi to strike John Raphael Limdon, of Auek-> land, oIT the roll of barristers! and solicitors for professional misconduct made absolute. Mr. Morrison ap-l peared for Mr. Limdon. , Mr. Cotter stated that when Iladden was arrested for wharf thefts Mr. Skelton tfiis instructed to act for him, but notwithstanding, Mr. Lundon, without communicating with Mr. Skelton, obtained an interview with Haddon, and obtained an order from him to lift, money in custody of the police. Be obtained £3 18s 7d. Next morning Haddon was asked, in the presence of both, who wag acting for him, and replied Mr. Skclton was, but Mr. Lundon said nothing about the money. After that Mr. Lundon had got a further interview with Haddon, and a letter was written, partly at his dictation, cancelling Mr. Skelton's retainer and appointing Mr. Lundon. Mr, Skelton was not to be informed of this till after he had made an application for bail, and Mr. Lundon was then to take over the ca.se. Mr. Skelton' did make the application to Haddon's surprise, Mr. Lundon having told him he had thrown up the case. It then came out that Mr. Lundon had obtained the money, and Mr. Skelton demanded it from him. No reply being given, a summons was issued. Messrs. Sheahan and Tlynn, acting for Mr. Lundon, got the summons withdrawn, and Mr. Flynn paid the money including coats. Mr. Lundon had not refunded it, because he objected to the costs. ■Mr. Cotter read affidavits in support of his case. Wellington, Last Night. In the Lundon case, Mr. Cotter submitted that Mr. Lundon had been guilty of unfitting conduct, and he cited authorities to show that the court had jurisdiction to punish. Mr. Morrison, replying, first dealt with the authorities, submitting that the matter was one for the Law Society's consideration and did not bring Mr. .Lundon within the court's jurisdiction. He proceeded to show inconsistencies in the affidavits filed and submitted that the evidence showed that Mr. Lundon, aftei interviewing the prisoner, was given to understand that Haddon wished him to act for him, and that he had no intention of taking the case out of Mr. Skelton's hands, but thought that Mr. Skelton, being only a solicitor, would act with him in the Supreme Court. The case will be continued to-morrow.