LAW SOCIETY CASES

Evening Star, Issue 20613, 13 October 1930, Page 9

LAW SOCIETY CASES

GHAR> V 3 AGAINST PRACTITIONERS [Pus United Press Association.] WELLINGTON, October 13, Charges brought by the New Zealand Law Society against Walter Thomas Foster Kells Mason, of Auckland, "solicitor, in the Appeal Court this morning, were, by consent of both parties, adjourned till next sitting of the court. The practitioners was suspended from practising his profession until dealt with by the court at the nest session. The application of the Law Society to have Cecil Michael M'Davitt, a solicitor formerly practising in Morrinsville, struck off the rolls, was also heard.

Mr H. F. Von Haasa, who appeared for the society, said M'Davitt misappropriated trust moneys. He had been in the habit of advancing moneys belonging to clients for the use of other clients, and had thereby crated a deficiency in his trust account. Mr O’Regan, who appeared for the practitioner, said the case was one of pure misfortune. The total amount of the deficiency was about £l7, and had been paid since the date of the audit of his trust account.

The affidavit filedby M'Davitt showed a Jong story, of misfortune and illness on the part of M'Davitt and his wife, and ho submitted that the case could be adequately dealt with if the practioner were_ ordered to pay the costs of the proceedings. The court reserved its decision. The court also dealt with the application of the New Zealand Law Society to have Athol_ Peilding Howarth, of To Kuiti, barrister and solicitor, struck off the roll of practising barristers and solicitors.

Mr Von Haast said the' allegations were that Howarth had appropriated to his own use a sum of at least £306 19s 51d up to June, 1930. He submitted that the order asked for should be made.

Mr Perry, who appeared for Howarth, said the allegations made by Von Haast were quite true. Howarth had been in practice for twenty-two years, and no previous complaints, had been made against him. The deficiency in his trust account was not caused through extravagance, but by reason of advances made by Howarth out of his trust account to Native clients. The court again reserved its decision. The charges, brought by the New

Zealand Law Society against John Charles Caroll and John Ponsonby Summers, of Hamilton, solicitors, were adjourned until to-morrow afternoon, to enable a further affidavit to be filed by the practitioners^