APPEAL COURT

Hokitika Guardian, 25 October 1930, Page 5

APPEAL COURT

J U I)GM ENTS DELIVERED

(By Telegrapb—Per Press Association.)

M ELLINGTON, October 24

I ho count of appeal delivered its reserved judgment to-day in tlie ease of Law Society versus Howarth, telegraphed on October 13th. It ruled that the practitioner be struck: off the rolls and an order was made accordingly, with costs to the Law Society. I he Court also delivered judgment iii the case of Law Society versus McDavitt, telegraphed October 13th. It stated there were many circumstances which justified the Court refraining from striking this solicitor off the rolls. The Court accordingly refrained from d'diig so, ujion MvDnvitt’s counsel undertaking that practitioner would for three years promptly comply with all the proper requisitions of the district Law Society. McDavitt was ordered to nay costs and expenses. Chief Justice Myers delivered judgment in the case of Law Society versus Carroll and Somers, telegraphed the same. date. The Court unfavourably commented on the practitioners delay in complying with the requisition tit the Law Society,-.lnit considered the case would be adequately met by the suspension already undergone bv tin? practitioners, and they were ordered to pay costs fifty guineas. - In the case of 'the -King -versus Scotty telegraphed on October 20th, the Court "held the" Judge liiicf rid 'power under; section, five of the Crowp.. Suits Act to exercise discretion when nR application; for the estreat of recognnisance was brought before him, but was bound to make the order asked for. The Court under section seven of the Act had power, on the application of the surety, to order that the debt due to the Crown should not be. satisfied, if it appeared, according to equity and good conscience, that the surety should not be required to satisfy the same. No order for costs was made.

CATHEDRAL SQUARE APPEAL

WELLINGTON, October 24

The Court of Appeal delivered judgtf ment to-day in the case of the Christ-: church City Council v. the Attorney- . General. The appeal .was dismissed: