BENCH AND BAR.

Dominion, Volume 1, Issue 279, 18 August 1908, Page 7

BENCH AND BAR.

DELAYING THE BUSINESS OF THE COURT. HIS WORSHIP SPEAKS-HIS MIND. Tho solicitor who fails to keep his engagements at tho Magistrate's Court gets very lit-tlo encouragement from Mr. W. P. James, S.M. A lawyer who has a number of irons in tho fire was engaged to conduct two eases' beforo tho Magistrate yesterday morning, but was also interested in a case before the Supreme Court to which latter case he gave precedence, and was attending. When the first of tho cases, hefpro the Magistrate was caliod on his Worship agreed to let it stand dor.'n for a time to enablq, counsel to bo present, but when the, case was brought forward again a lit-tlo. later, and another application was made for still further time for the solicitor, who should have,been present to conduct it, his Worship remarked witli emphasis that tho polic'o' could not be. kept hanging about tho Court to suit Mr. 's convenience. If lie' (counsel) could not be present, ho ought to instruct 6onieono else to take tho case. At length, Sub-Inspector Phair consenting, tho case was allowed to stand down again. Later in 1 tho morning the samo caso came'up.again, and, in addition, another case in which the samo counsel was engaged. Counsel was still iii the Supremo Court, and the Court was asked on his.behalf to'allow tho caso to 1 stand down for a'' while. "It will stand to tho ; bottom of tho list," said his Worship firmly,':"if counsel is not here by that I will striko the case out 1 ." Tho . solicitor, who was applying for time .on boliilf of his colleague, pleaded strongly for a further extension or time, and'subsequently asked j that' tho mattershould bo allowed to stand over until 2.15 p.m., but his Worship was not to Ko moved. "Why should tho Court adjourh until this aftornoon to suit Mr. ;his Worship. "It is not fair to'-tho'police-witnesses who aro all present." '• "Olio can't forsee," commenced the applicant for the adjournment; ■ '■ •

"Olio can 'forsco," interrupted his Worship, "and if one has got ail engagement'ono should keep it. If counsel had other work to attend to lie should have said ho could not undertake the cases in question, and • let them go to someone else..who .had the'time. If he had another engagement, lie- should not have taken tho instruction.-. If> a solicitor' took these risks it was his own look out. Thero were plenty of other fcounsel in ; the town, and the witnesses ana .others_ should not have to hang around cooling their heels for Mr. —

"I am sorry to'hare, to. make the application,:" said the solicitor, who had been bearing the brunt of his learned friend's default, after some further discussion. _ . "So you should be," remarked- his. Worship, who appeared to have 110 intention of, ■weakening. . After somo further pleading by tha persistent applicant, however, his Worship decided to adjourn tho cases until this morning, .but in doing so stated that he took the step against his inclination.