SUPREME COURT.

Dominion, Volume 1, Issue 194, 11 May 1908, Page 11

SUPREME COURT.

IN BANCO. . ' ■ '"ADMISSION OF BARRISTERS. .: . ; ■AN IMPORTANT POINT. Mr. Justice Cooper delivered reserved judgment on Saturday morning, with respect to the application of Philip H. Putnam, solicitor, to bo adpaifctpd as a banister on thoiground that ho had occupied the position of j "managing dork" for the period required ,aindor the Law' Practitioners Act. : The action governing applications of the kind.reads as follows:— . v'Evcrjr, solicitor of the Supremo Court" not admitted, as a barrister ■ should bo . ontitloti. to be admitted and enrolled ,'and tq 'practise as : a barrister of the Court-on application in that behalf to a judge, , if tho; judge is .satisfied that the . applicant is ,of good'.character, and ;for qt least fivo years continuously next , preceding the date of tho application •has been in active, work as a solicitor, :■ '.or; has been managing clerk to a solici-itcrf-and has himself been a solicitor during such period." His Honour said that applicant was enrolled as a; solicitor oil April 15,, 1902, and was of good character. ■ Two of the conditions,' therefore, of tho statute were satisfied: Applicant had .'licit' been in ■ practice oiij.his . own account . for; a period of five years,»having been up to the end of the year 1007 in the employ in cut of Messrs. Bell,; Gully, Bell, and Myers, tbo .wellknown, firm of sohcitorsnt Wellington.. • His position-in that - office had been clearly set > Jorth ,in;au affidavit made, b?; Mr. Ernest Bell, who had declared that for some years prior to |tho end, of 1907 applicant was in - tho-. employ of the' firm; -and that during that' time- he actcd :as managing clerk to:' . him,>'and that tho > business done by him-. . self,; as- ;a - member/' of tho firm, r was not restricted- to departmental work; , and /■: included conveyancing, law,, trustee lajv, ,(Mmmerc)al;;']aw," and all the other, . classesi of ' legal, \v"ork.; Tho "Court would assiiirio ...that the affidavit was sufficient to, : show .that tlio work' performed 1 by, and tho' duties 0f,., rpplicantnv.'ere such that had Mr. Ernest Bell 1 been in practice on his own account ) ''/and / of the firm, . . . he would . havo' tori ;in the position of tho ' managing. olerk-ofc such practice. Cheques- , tion,/th'erefore,-was 'whether a solicitor who had continuously, for a period of five years ' after his admission,' 'occupiod,' in relation to ' one of tho. partners of a legal firm; the position;filled dunng that, period : by appli- . caiit,;; oould bo ' said . to' have , been'. during . that.'.- period . ''a . managin;;' clerk to a • so- ; licitor within tho meaning of the Act of .1898.. _. .- ' The;poiiit■ was, : His - Honour - said, an■ im-• : ' ; tlieC'lijgislatibn was pccuwas'not aware of " •M&JinjjtanijjS£in.Wellington .• Judicial ; i. District, 'or'm.'a'ny'other judicial district in : . winch; a Ke.-itleirian: who had . occupied tho . position-filled .by-applicant had.„.(tho other. conditions.' of tho statute having been satisfied),.'.upon, tho strength -of such service, . been.admittcd'asa barrister. He .had been rorcrrbd to' the case of Piko v. Stephens, • 17: ,L.'J:Q.B. '282, as' an authority defining ' a. managing clerk' to a solicitor .'•' as a ■ "clerk skilled, and entrusted, to:, : be'abje to'do, or confer, or take the ncccsSaryi steps in;, if the solicitor iis / absent." Upon reading tho case,Vhe : had < not found; that it: was an . for that'.statement. : All' that the . Court;h6ld:in;that'casewas that a gentleman - so, skilled arid entrusted■ was one upon,whom certain ; notices could bo 'served, and that ;• sdrVice'von 'a less responsible clerk, was "inV, sufficient.;; .But Lord Denman's judgment indicate! 'that such an employee would riot, riccessarilyibe the managing clerk of his employer.V He .would,,, however, as--'he'--had;'said,: assume. thtttotifrMfotjßall had . 7 been ,-iri. practice by himself, applicant could! properly; ' have; been called tho ! managing'clorlr. . again,'".it -ludf been t»nt<mdoa'. . - that ' l ,a8", aj)plicant : was *.' clerk.. 'to Mrl 'TBell, ,' although''. lie ' .was . not' in ;the; employroent of Mr. Bell,, but of the firm', of Bell, -Gully, Bell, arid .Myors, ho came,, , witliiiiithOfstatute. 1 - ''Further, it had been .' submitted that -the term, -."a managing clerk,'', indicated, thatthere .'might bo within the meaning ;1 the' statute more, than one . managing . clerk' in a ■ particular - busin ess, ; and • that''applicant;- was a managing clerk not ■ ' only,to■ Mr! Bell;but also to the firm. Tho Court; was'not- satisfied that either of theso •contentions 'ivas'souhd/i .. His .Honour thought that the words " a managing - clerk to ■a • solicitor" meant , tho' gentleman .to. whom I 'was, entrusted the responsibility,and general management of the solicitor's -'business",under 'the principal, and not- merely oneY who, , however rosponsiblo his t might - be, had -not"such -responsibility -and general -.management of -the business, :.In*;construing .that-statute, ho. must-hold'-.thatXtHero could boonlyv.ono managing clerk-'in respect of a solicitor's business. / Further, " he.' held that - tho . words .''managing clerk to a solicitor" rniist bo construod, in:,the; caso;'pf•'ii 'firm ,'of'solici-' . ,tors, as meaning, managing ..clerk .to _a firm--. . of solicitors.'.Words'importing the singular number-when used in a statute included the A plural number, unless there was anything in tho':context'to restrict the;meaning.' In his opinion 'there. was , nothing' in the Act enabling him to do so. ,As,_ therefore, appli-. cant ; had not been managing clerk to the. firm'.'by /(vhom -ho - had -.been employed, ho wasnot, satisfied ' that tho necessary condition.; of .the statute' had bean ■ complied" with, t ' andvko thought he had not the power ,to grant tho application. - Ih' : conclusion, His Honour said that ho sHould .be glad to.havq t-he question/decided , by'.the; full- Court," if applicant - wished to. take-such a 1 step:--- As'it-iwas, ho thought, doubtful whether an appeal would lie if ho . refused' the; application,'_-ho ''would give- him tho (optibn ,of withdrawing-it-and renewing 'it in' July, when tho judges would all bo in . ... Wellington, and ho would, if he desired, endeavour to' arrange. to have . tho' applica-. .' tion'then heard by the full Court. . ' i ' ~, Mr;: G; H. Fell, appeared in; support of tho. •pplication. .- .i