No corrections yet
LAW AND CRIMINAL- COURTS.
SUPREME COUJEtT— CIVIL SIDE. Saturday, March 22. [Before the Full Court] ACCESSIONS TO THE BAR.
Messrs. George Hartley Giles, Francis Davison, Henry Hay Mildred, and Richard B. Cox took the usual oaths, and were admitted practitioners of the buurcme Court.
REVIEW OF TAXATION. kegixa at the prosecution of reynolds v. Allen. . Mr. Bagot moved for an order to review the taxa tion of the Master in this matter ? Mr. Scott asked that the argument might be post poned, that an affidavit in answer by Mr. Bakewell might be filed. The affidavit had been prepared, but was not sworn. Mr. Bakewell being under the impression that the argument would not take place until Tuesday or Thursday, had gone out of town. Mr. Bagot said the matter had been lwfore Mr. Justice Gwynne in Chambers, and he had ex pressed a very decided opinion upon it. The refe rence to the Full Court was at the instance of Mr. Bakewell himself. Mr. Justice Gwynne— Tlie onlv question is, whether it was a case where the defendant could he allowed costs for two counsel. That was the only point. Mr. Scott, at the request of the Chief Justice, stated the substance of the intended affidavit by Mr. Bakcivell. It set forth that there had been only three witnesses examined for the defence— W. Shepherd and E. T. Wildman, who produced documents, and W. J. Litcliiield, who had been examined at considerable length. At the close of the defence, the Chief Justice, the presiding Judge, said there was no evidence to support the plea of justification, ami stated that he should so instruct the Jury. Finally, there had been but one counsel engaged for the prose cution. Mr. Justice (Iwynne— But that was a very ex perienced counsel in criminal matters. The Chief Justice— I think it is the unanimous opinion of the Court that it was quite a case for two counsel, and that the taxation should be re viewed. As Mr. Bakewell is not here, and as he left town under a misapprehension as to when the matter would he argued, we are inclined to say that unless Mr. Bakewell gives notice at the office before its closing on Tuesday that he intends to argue thu matter as a rule ntisi on Thursday, the order for a review of the taxation will he made. Mr. Bagot— If the Court allows the matter to lie made a rule ni.ii, I should mention that there is one other point— the Master has disallowed the travelling expenses of the defendant from Ka punda. 1 think under the Act No. 2 of 1S51I he is entitled to his expenses. Mr. Justice (Jwvnne— I was against you upon this point in Chambers. Does the Act say 'costs,' or 'costs and expenses V Take, for example, a civil case; the plaintiff, although successful, can not claim for his travelling expenses. Mr. Baaot— They very commonly recover costs and expenses in practice. The case of a defendant who obtains a verdict would be more in point. The Chief Justice— That is where, in addition to being parties to the action, they :ire also necessary and material witnesses. Mr. Bagot— A defendant need not as such attend a civil trial, but in this case the defendant was bound to be present. The Chief Justice— Expenses of travelling can only be allowed when the defendant is examined as a witness. Order for review of taxation to issue unless Mr. Bakewell gives notice by Tuesday to have the matter argued as a rule 7iwt on Thursday next. The decision in that argument to carry the costs of a rule m iti. TRUSTEE ACT.
In the matter of the estate of John Fernt, late of \ngastou, farmer, intestate. Mr. Andrews moved for an order appointing a )erson to conv«y to the petitioner, George Harvey, Section 77!', containing llti acres in the Hundred )( Moorooroo. During the lifetime of John Ferrit le contracted to sell the section in question to the petitioner for the sum of £127 10s., the £rll 10s. to )e paid at the time of the contract, the residue to remain at interest for a term now expired. The petitioner had been all along in possession of the section, and was prepared to pay tlie remainder of ;he purchase-money. A dihieulty had, howler, irisen through the death of Ferrit, whereby the egal estate liecame vested in his heir, an infant of 14 years of age. The widow of the intestate, who lad administered, was aware of the application, mil anxious to get the monev. The Court directed the order to issue, subject to Mr. Andrews riling an affidavit showing that the ipplication was made at the instance of the niministratrix, or with her knowledge and con sent. Smith v. Bell. Mr. Justice Boothhvsaid the Court was prepared :o give judgment in this matter: hut he saw none )f the legal gentlemen interested present. Judg iiient will lie given on the sitting of the Court on Thursday morning. Court adjourned until 10 o'clock on Thursday morning.
defend the action. He could have no reasonable expectation of receiving a bonus, as Mr. Beard made a practice of paying him by commission. The letters purporting to warrant such a supposi tion had been purposely held back; therefore he was bound to say that he considered the charge of fraud proved. Taking into account the evil in flicted on society by such guilty conduct in an agent, he would sentence him to be imprisoned for six calendar months, his certificate— a second-class one— to be suspended till the expiration of that term, and as much longer as might be required to enable English creditors to prove their debts. The Attorney-General enquired whether the space of tima which the insolvent had already spent in gaol would be deducted from the six months. . , His Honor did not know the custom oi the Court in the matter, but he was quite willing to be guided by that. . , The Attorney-General called attention to the iact that the debt for fraudulently incurring which the insolvent had been convicted, was not proved :o have been contracted at any specific time, ind asked leave to move on that point. The objection was overruled. APPOINTMENTS. Monday, March 24. Flour. Name. Object. 11 John McDonald. First hearing. 11 A. Campbell. Adjourned final hearing. 12 G. Alston, sen. First hearing. 2 WhealGawlerMines Association. Audit. Tuesday, March 25. 11 P. Ryley. Adjourned final hearing. 2 J. Dohrman. Final hearing.