COURT OF APPEAL.

Stratford Evening Post, Issue 65, 14 October 1930, Page 6

COURT OF APPEAL.

CASES AtUIJSS'r SOLICITOUS. Press Association—Copyright. 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 prac- ! tioner to be suspended from practisiug his profession until deal' with i by the Court at next session. The application of the 1..".- .. • eiety • to have Cecil .Mitchell McDavitt, solicitor, formerly practising in Morriusville k off the rolls was] also heard. | Mr H. F. von' Haast, who appeared for the Society, said McDavitt misappropriated trust moneys. He had been in the habit of advancing moneys belonging to clients for the j use of other clients and had thereby created a deficiency in his trust account. 9 Mr O'itegan, who appeared for the practitioner, said the ease was one of pure misfortune. The total amount of the deficiency was about £l7, and it had been paid since the date of audit of his trust accent. The affidavit filed by McDavitt showed a long story of misfortune and illness on the part of McDavitt and his wife. He submitted that the case would be adequately dealt with if the practitioner was ordered lo pay the costs of proceedings. Tne Court reserved decision. The Court of Appeal also dealt with the application of the New Zealand Law Society to have Athol ' Ftilding Ho warm, of Te Kuifi, barnster and solicitor, struck off tne roll. Mr von Haast said the allegations were that Howarth had appropriated to kig own use a sum 01 at least iiSUb itfs iid up to June, 1930. He auonntted chat tne order asked tor should be made. '. Mr Perry, who appeared for How-! arth, said the allegations made by Mr von Haast were quite true. How-j arth had been in practice for twenty-,' two years and no previous complaint;; 1 had been made against him. The deficiency in his trust account was not caused through extravagance but I by reason n f advances made by i Howarth out of his trust account to native clients. I The Court again reserved decision. Charges brought by tin; New Zealand Law Society against John Charles Carol! and John Ponsonby Summers, of Hamilton, solicitors, were adjourned until to-morrow afternoon to enable a further affidavit : , to be filed by the practitioners. J

r t INGLEWOOD RATING CASE. I j WELLINGTON, October 13. An important rating case came bofore the Court of Appeal to-daty in tl.io appeal of the Crown from the judgment of Mr. Jnstic.; lilair, delivered in the rase of JI is Majesty the King v. the Mayor of Lnglewood and the lnglewood Borough Council in August last. It appears that a discharged soldier named Marshall purchased a farm in the Tinilewood Borough, the unimproved value of which was £1.4.5')'. Subsequently •(here was registered against Marshall's title n memorandum of mortgage to the Crown, under which there was owing 1"_\!I9 16s. Gd. Marshall, after paying rates for some time, stopped doing so, and was sued, and judgment for them was obtained by the Borough. In the meantime, as mortgagee, the Commissioner of Crown Lands sold the farm. Rates owing at that time amounted to. £3-11 Bs. 7d. The question then arose as to the liability of the Crown as mortgagee, and an originating summons was issued, Mr. Justice Blair, in the course of the resultant judgment, holding that while the Borough was nor entitled to proceed directly against the Crown as mdrtgagee, it was nevertheless entitled to exorcise against the Crown all powers of sale as conferred by Section 89 of the Bating Act, 1925. The Crown is now appealing from this decision. Kor respondent, Mr. L. M. Moss and Mr. \V. Heine; for appellant, the Solicitor-General, Mr. A. G. Fair,, and Mr. A. E.. Currie; on the bench) Chief Justice Myers and. Justices llerdman, Smith and Kennedy.