LAW REPORTS.

Dominion, Volume 1, Issue 260, 27 July 1908, Page 8

LAW REPORTS.

SUPREME COURT. ■ . IN CHAMBERS; ■ Ail application under the taw Practitioners' Act, .1882, in, respect.. of Robert Moncrieff Cuthbertson, formerly in practice at Ashburton, .came bofore Mr. Justice Cooper- in Chambers on Saturday. It was alleged'that Mr. Cuthbortson was admitted in Orange River Colony as a_ solicitor by virtue of Ins New Zealand qualification, and whilst practising there was convicted of the crime of theft, and sentenced to a term of imprisonment, by reason of which,.his namo was subsequently struck off tho' roll of' solicitors of Orange River Colony. On May 1, 1807, a rule nisi was made calling upon Mr. Cuthbertson to, appear to . show cn.use why • his namo should not bo struck off tho roll of barristers and solicitors, of tho Supreme Court of New jZealand, and on the samo date an order was mado dispensing with porsonal sorvice of the rule nisi',and.ordering that notice of tho ; rule should bo advertised in tho principal papers circulating in Capetown, .Johannesburg,, and Bloemfonteiri. The time for appearance expired in August last, bnt.it was. alleged that Mr. Cuthbortson-had not appeared. Mr. Blair,- on behalf of the New Zealand Law Society, now moved for an order.reserving tho rule nisi for the consideration of tho Court of Appeal, in accordance with the terms of the procedure laid down_ in the: Law Practitioners Act, 1882. His Honour reserved his decision. A matter in' connection with thocaso'of Wm. Gordon Hutchison, land agent, v. Alfred Benge,. farmer,, of Upper Hutt, was then dealt with. This was a summons by defendant for security for costs in tho action. It was alleged'that Hutchison was an undischarged, bankrupt, and that his claim was in respect-of commission alleged-to bo due on the- sale of land. Section '63 of' tho Bankruptcy Act provides that tho property passing to the Official Assignee is property which 'is vested in the bankrupt at tho commencement of the bankruptcy or might be acquired or devolve upon him before liis discharge. Section 69 provides that after adjudication'neither the bankrupt "rior any person claiming through him shall have power to recover any property. The questiou for determination is in regard to Hutchison's right to _bring_ the action. His Honour reserved his decision. Mr. Putnam appeared on behalf of Hutchison, and Mr. Treadwell for Bongo.