MR RIGBY'S CASE.

New Zealand Herald, Volume XXV, Issue 9026, 12 April 1888, Page 5

MR RIGBY'S CASE.

PROCEEDINGS BY THE LAW

SOCIETY.

AN INTERESTING ARGUMENT.

At the Supreme Court, yesterday, in banco, before Mr. Justice Gillies, Mr. Button, acting on behalf of the Law Society, applied for instructions as to the service of notice on William Rigby, solicitor, formerly practising in Auckland, to show cause why he should not be struck off the rolls. Mr. Button said that action " was proposed to be taken under rule 550, but the code was defective in dealing with matters of this character. The > application which he had been . directed to make to the Court on behalf of the Law Society was for a rule nisi— rule to show cause. He had been instructed to make application for leave to serve notice, and the rules did not set out how this was to bo done, as Mr. Rigby had left the colony. The Law Society contemplated the striking of the name of Mr. Rigby off the rolls of the Court, but he (Mr. Button) could not take aotion until he had got over the difficulty respecting the service of notice. The rule nisi would be an ex parte application, but there was no provision made for a rule nisi of this character ; and the Court, in that case, would give directions as to the manner of service.

His Honor : There is something comical in the application ; it is like the locking of the stable-door after theJsteed had been stolen. His being on the roll can only apply to this colony. Mr. Button : I don't know that ; he may practice elsewhere, and it seems to me that that is one of the principal objects of the Law Societyto guard the profession, just as it must be itself protected. In England now there is a rule by which they can apply •to get a solicitor struck off the rolls, notwithstanding that he may not be personally served. The Law Society feels that it is not fair to allow the man's name to remain on the roll of this Court, and give him an opportunity to practise elsewhere. His Honor: I don't know the charges against him. Is it alleged that he committed any improprieties here ? Mr. Button : No; but he did at home— of a very gross character. We have the affidavits sotting them out in full. His Honor : am not inclined to allow a man to be condemned behind his back, and without giving him an opportunity of being heard.

Mr. Button : No, your Honor ; but, supposing we get as far as the rule nisi, it must be heard by the. Court of Appeal. The Law Society feel that it is their duty to take the preliminary steps, and apply for a rule nisi, but they cannot get it ; and when your Honor goes to the Court of Appeal, that might be taken into consideration : the want of a rule nisi is a very important matter.

His Honor : I feel that it is very undesirable to proceed against a man behind his back, and without granting him an opportunity of replying to the charges brought against him, especially as these might have been brought long ago. There was ample time during his residence here. Mr. Button : We knew nothing of the charges, your Honor. His Honor : Again it must be remembered that he did not come and trade upon previous experience, he came here as a fresh man. And is a man to be for ever hunted round the world because of sins once committed ? When he goes through the regular forms prescribed here for showing his qualifications by passing examinations and so on, and can show affidavits from persons who know him, are his past sins to be charged against him Mr. Button : I am with your Honor in a great many respects, but a man who holds trust money— His Honor : I have not seen the charges against him. They must appear in the affidavits.

After further argument, Mr. Button suggested that an order be taken, and the notice be served at Mr. Rigby's late place of business, or by advertisement in the newspaper, as His Honor should decide. His Honor : I think I shall reserve the question for consideration before the Judges of the Court of Appeal. It is a serious matter ; and the Law Society can either move before the Court of Appeal or I will bring the matter before them. Mr. Button : And will your Honor kindly take into consideration the question of the alteration of the rules ? His Honor : Yes, I will do that. Mr. Button promised to file his affidavits in the case, the further consideration of which was postponed till Wednesday.