LAW REPORTS.

Dominion, Volume 2, Issue 320, 6 October 1908, Page 4

LAW REPORTS.

COURT OF APPEAL. YESTERDAY'S PROCEEDINGS. SETTLEMENT OF THE LIST. The sittings of tho Court of Appeal opened yesterday. Tho Chief Justice (Sir Robert Stout) presided, and there were also present: Justices Williams, Denniston, Edwards, and Chapman. IRREGULARITY IN PRINTING OVERLOOKED. Mr. Bell, K.C., mentioned " the case of William and James Watson, of Heddon Hush v. the Southland Frozen Meat and Export Co., Ltd. 'The papers filed were, ho said, not quite in accordance with the rules relating to tho printing of cases. Would the Court allow tho case to proceed notwithstanding tho irregularity? Mr. Justice Chapman remarked that in previous cases where thcro had been an irregularity of the kind tho Court had disallowed tho costs in regard to printing. The Chief Justice: It is a great pity that after several years practitioners in country districts do not understand exactly what is required in tho way of printing. Mr. Justico Williams: Invercargill a country district 1 (Lnughtcr.) Tho request was acceded to. QUESTIONS AS TO COSTS. . Mr. Morison pointed out that ■ a case had been set down by appellants'iii tho case of Mrs. Donnelly aud others v.' Miss Meinortzliagen.' . The Chief Justice: I thought tho whole matter had been settled. ; ■ 1 Mr. Morison: Appellants'desire that costs should be allowed them on the highest scale as from a distance.- On .behalf ■ of -the' respondent I would ask leave to set down an appeal on tho matter .of costs. .. In reply to the. Court, Mr. Bell, who represented the appellants, said he offered no objection. Ho was, however, not conceding that there was an appeal. . Leave was granted accordingly. EFFECT OF A MAGISTRATE'S ORDER. Mr. Beli referred to the case of Genet v. Genet, in which tho question at issue was the effect of a magistrate's order as between husband and wife. Mr. Justice Denniston said the case was one in which thcro \vas a petitioner, but no respondent. It raised a Very important question of law, in regard to' which there was in different judgments a conflict of opinion. Thero was a desiro to put petitioner to as little expense as possible. He had already stated a case. The case was added to the list. ' CUTHBERTSON CASE. Mr. Herdman moved for leave to set down a motion to make absolute a rule nisi striking tho name of Robert MoncrielT Cutli•bertson off the roll of barristers and solicitorsiof the Supremo Court of Now Zcalaud. Leavo was granted accordingly. ' ORDER OF THE CASES. It was then decided that the cases should be heard in tho following order:— Motion to make absoluto rule nisi striking the name of: Christopher Scott off the roll of barristers and solicitors of the Supremo Court of New Zealand. Motion to compel tho District Land, Registrar to register a transfer of a property fronting Plimmer's Lane from the executors of the late John Plimmer to Harry Pliinmer. John James Boyd v. the Hataitai Land Company,-Limited, an appeal from tho judgment of Mr. Justice Chapman, who decided in. favour of 'tho company on its action against appellant for £27 9s. 7d., under an agreement' to. contribute towards tho cost of the Kilbirnio* , tunnel; '. • Jessie"'A.-Stewart: v.. the, County of Wairoa, in which .the' claim is. for.-£IOO. damages for trespass:-.. ■/.'j'y-./C/-• • ! ■ ■ , William and James Watson, of Heddon Bush,- v. the Southland Frozen Meat and Produce Export Company,' Limited; in which the claim is for £267 lis. in connection with a shipment of meat . Ths order of tho following cases was not settled: —

Genet v. Genet—case stated with regard to the effect of a magistrate's order. Motion to malte absolnto a rule nisi striking Robt. Moncrielf Cuthbertsoii olf the roll of barristers and' solicitors. Motion with regard to costs in the case of Mrs. Donnelly and others v. Miss Meinortzhagen. SOLICITOR STRUCK OFF TEE ROLL. The motion to make absolute .a rule nisi striking the name of Christopher Scott olf tho roll of solicitors of the Supreme Court of New Zealand, was then considered. Mr. A. L. Herdman, who appeared on behalf of the Law Society, said that Scott, whilst practising at Raetihi, forged the name of a Mr. Itilgour, Deputy District Land Registrar, to a certificate of title. Subsequently he forged another man's name-to a memorial on a similar _ document. Two informations were laid against him, and he pleaded guilty to both, and was sontenced to cigliteon months' imprisonment, which sentence ho was now serving. Proceedings were taken against him by tho Law Society, and Mr. Justice Chapman removed tlioso proceedings into tho Court of Appeal. Scott had intimated that lie did not desire to >be represented by counsel before the Court of Appeal, and would not oppose the application now made. The Chief Justice: Rulo absolute granted, with the usual costs. The Court then adjourned until this morning.