THE Wellington Independent. Friday, June 24, 1859. MR. JOHN KING.

Wellington Independent, Volume XV, Issue 1341, 24 June 1859, Page 2

THE Wellington Independent. Friday, June 24, 1859. MR. JOHN KING.

We are/informed that the'.appHoation to ,, .strike Mb. John King, attorney at law,'' from the roll of attorneys; on account vt.., his,',pepaliar.'. oomluct as executor of the, late Mr. Christian, will be. renewedprior to the departure to Nelson of His

Honor Mit Jcstiok Johnston. On a former.occasion the upplioution was postponed,.in order that no question might ' arise "with respect to the iocus slamH of r Oα this heiul. th.er.e-..wi11. be no .iufiuura. ~lt has boen' . .;4eoide(Jithat'the words' .ofthe Supreme Court Ordinance! which we subjoin below," convey the fullest; power (o the Court in,ull.matters of the ltjnd. Wo : trust,, therefore shortly to, be able to inform our readers Hh'at this loug-ponditig ;.. affair has been settled, y. . . . Supreme Court ' Ordinance, A.I. ' ''"'' '"' '"All persons shall be removablefrbm the Rolls .'-■ iof the Court 'upon reasonable cause, wbenso■ever and' wheresoever the same shall hare ■■ arisen." . . . ' i The-following, extract from the Law \ "Times will show how of trust ] ;by ; soliotors are regarded in the Courts' ofEngland. •■' : ' :■; "The attention of the reader is earnestly invited to the report of a case published last week from the Court of the Lords Justices, in ■ which the remarks of the judges, incidentally made in the course of the argument,.have been ' preserved as.possessing an extrordinhry interest for the Profession. A Solicitor was charged with breach of trust,"and an innocent co-trustee ", •was made to pay the penalty. The real defaulter was not before the' court, because he had taken tbe benefit of the Insolvent Act and sche-.! diiled " the debt," as the law absurdedly deems ,;sjich a defnult' We select spine of the expressions of Lord Justice Knight Briice for the pur- : .pose of showing in what spirit the Courts have '.'resolved to deal with breaches of trusts,'and as ' a warning to young practitioners not to suffer themselves, by any temptation, to be induced to appropriate to their own use, even with tlie. most honest intentions, the moneys of others' which come into their hands. "1 am sorry Mr. H. does liot appear ... I regret . .very much that he is nut here. I hope he will appear;before ihis case is over, because breachen of titist by solicitors are not, to be treated as otlier . matters. . . ". Thesistliings must be put a stop to, aiid if they can be, they shall be." ■' Palmeb.; —Your Lordships will do a great public benefit if your Lordships act upon that.i intention. , . ', ' ■ Lord Justine Knigut Broce.—Solicitors becoming trustees, and then the money vanishing'! * * '*; The brother o-f the plaintiff too ! This is another consequence of this proceeding by a sulicitor who is a trustee. Zi is hdrrib!e—hor- \ .riblel, ■:....■: • ' ■•'■■■ ' ' '■" . .... ■ And again : - - . Lord Justice Knight Bruce.—Be kind enough, ■ before you ' sit down, to call our attention to what evidence there is of any misrepresentation of fact made by Hay ward, if there is any. Of course when a solicitor is charged with a breach " of confidence, the matter assumes an aspect ■ not at all belonging to the previous case ; but it . does '"assume ah : aspect belonging to itself ■ '.alone..' \-'\ ....■.■ . '" ! :'•'"' : ■'■''-'' Shedbeaee contended that there was no! in- ' formatioii given to the plaintiff by Finch or Hayward ; that Finch trusted to.'.Hayward, who was, at the time, a solicitor of considerable .respectability. . ; Lord Justice Knight Bbuoe.—Considerable what—did yon say ? '■■■■■ ' : . SHEnBEARE.-r-Considerable respectability at that time, and. Finch •' had a goud opinion of •Tiim.. . . \, .;;, ..-, • ■■•■■ ' ■••',- ; ' 'This is "only one of many-intimation's lately given, that.all the Courts haveresolved to deal ; mostseverely with cases in theiiature of breaches ; -of trust. We know thatjt is the intention of the Judges to strike from the Bulls any Attorney, who may appear to have been guilty of it, evenj -although not brought'directly under their notice •Jn a motion for that purpose, but coming before them incidentally in the course of, another pro.ceeding." '.';, ■ '