TO THE EDITOR OF THE WEST COAST TIMES.
Sib, — I had the misfortune the othel? day to figure as a plaintiff in tho Resident Magistrate's Court, and not feeling myself quite up as an advocate, engaged a professional adviser in this town. Upon my giving him the necessary instructions, I was informed that tho fees wore usually paid in advance, and consequently, I. re- ■ quested him to inform me the amount of his claim, which he did, making the entir^ amount £10 19s. I then handed to him £10 on account, and promised to pay him the balance, 19s, on the following day. I , was then told by him, and it was perfectly ' understood between us, that no further costs would accrue in the several matters, and further, that in case I was successful in my actions, the costs awarded by the Court would be received by me in part " discharge of the feea then paid. A verdiofc was obtained in one case in my favor, with £5 5s professional costs ; in the other, a verdict was given against mo, with costs whioh I afterwards , paid into Court. On tho same evening I called upon my adviser, and paid him the 19s, balance of his fee in full as agreed"- •' and obtained a receipt from him 'Mr « balance of fees in full." I eubsequently called at the |Court House, and. obtained ,
the amount paid into tho credit of the plaint in which I was successful, including the £5 ss, and witness's expenses allowed by the Court, which I bad already paid to my solicitor and the parties claiming. To my surprise, however, I subsequently heard that my solicitor had taken Umbrage at this, and had made a statement tt) the magistrate* thdt t had obtained nloney olit of Ooiirt under false ropresflntlitions, and wiis afterwards sdrved with a sumriion^ tor ill i3s; fdr balance of costs due to him.;in tho above matters, and this jfyiy, intl\e face of the receipt Jiold by me, feigned ( b^ hitn for balance of costs as Defljrfc ineHtiondd. a vemici; has Been given against mo for £5 ss, the' magistrate remarking that " I had no right to take tho money out of Court." > In the name of justice, and in the name of common sense, it does appear to me quite inexplicable that this stato of things should exist, that the proceeds of a verdict in my favor should not be freely handed to me. I cannot understand, but you, Mr Editor, perhaps will enlighten mo upon this • subject more fultyj arid upon public groUnd's I ask you to explain to mo this anomaly. Should you require evidenco of the truth of the above facts, and tho production of the receipt for costs before alluded to, you Can obtain it ; and for your f Urther inforitiation; I miiy s'dv it is sighed by S. M. South. .Apologising for the length of this Communication, I am, sir, your most obedient servant, John M. Coote.
Hokitikn, May 4, 1866.
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Bibliographic details
West Coast Times, Issue 199, 9 May 1866, Page 2
Word Count
502TO THE EDITOR OF THE WEST COAST TIMES. West Coast Times, Issue 199, 9 May 1866, Page 2
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