In Hallsworth v. Zickrick, 17 C.L.T. 37, a somewhat similar case to the one at bar, an attorney appeared for the defendant, who was not present when the case was called, and pleaded guilty for her, whereupon the magistrate convicted her of the offence charged. The attorney paid a portion of the fine imposed, but, later, the defendant applied to quash the conviction on the ground that the attorney had appeared and entered the plea of guilty without her authority or knowledge. It appeared that the summons had not been served on the defendant personally, and that she had not herself instructed the attorney to appear for her, and, as there was some doubt as to whether she had authorized the instructions to the attorney, an order was made quashing the conviction.
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