I was of opinion that to prepare these conditions was within the Official duty of the Official Assignee, especially here where all property is leasehold held under the Crown and the conditions are usually most simple, the exceptional specialty being slight and such as Mr. Gibbons could and ought to have himself drawn the provision for. I disallowed these charges, but on Mr. Burr Stophouse subsequently applying for them, I allowed them, but he declined to accept them. The only real question was as to whether Mr. Gibbons had a right to direct his Solicitors to submit the conditions to Counsel to be settled. Mr. Stephens expressly said he should, if acting on his own judgement, not have submitted the conditions to any Counsel to settle them, but that he had an order from Mr. Gibbons to do so. I thought that Counsel's aid was unnecessary, and that if it were necessary, the ablest and not the junior Barrister should be consulted.
I note that Mr. Hogg, the last address on record for him in 1880, is Diamond Diggings, South Africa, and I had heard that he had been a pupil of, had come out and was practising with Mr. Gibbons. I felt, therefore, that the attempt to give a fee to Mr. Hogg was in the nature of a gratuity.
sale prepared by these solicitors. I was of
Iwns opinion that to prepare these conditions was within the Official duty of
the Official Assignee, especially here where & all property is leasehold held under the
brown and the conditions are usually most simple the exceptional speciality
slight and such as bur
this
case was
Gibbons could and ought to have
~
himself drawn the provision for. I disallowed these charges buton burr stophous subsequently applying for them Fallowed theur but he declined to accept them. The only real question. was as to whether but Sibbons had a
to direct his Solicitors to subnict
bur
to be settled
right the conditions to her. Hogy heur as bounsel. Der Stephens
expressly said he should if acting
his own
279
389
on
ent not have submitted
judgement
the conditions to
any
Counsel to settle
them, but that he had an order
by
ཀ
Mr. Sibbens to do so. I thought - that Counsel's aid was
but that if it were
ne
unner unnecessary
necessary
the
ablest and not the junior Berrister.
should be consulted.
I nour that Enr. Hoggs the Lave list for
address on
1880 is Diamond
Diggings, South Africa
and I had
heard that he had been a pupil of,
had come out and was
Mr. Gibbons
beating with
I felt therefore that the attempt to
by
give a fee
fee tor
Ha
was in the
nature
ee.
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