March 28 1895.]
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26th March.
IN APPEAL.
BEFORE THE FULL COURT.
TANG KIT SHANG # NG PAK TO.
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that
Mr. J. J. Francis, Q.C. instructed by Mr. H. L Dennys, appeared for Ng Pak To, the appel-Ordinance 14 of 1873, whigh deals with notics lant, and the Hon. A.J. Leach, C., instructed by Messrs. Johnson, Stokes & Master, for Tang Kit Shang, the respondent.
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ད་
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CHINA OVERLAND TRADE REPORT. Indeed, as in that case there were special cir- with, performing the rest of the plays, quitting 19 of 1845; and the meaning I attach to t cumstances, such as undue delay, which pre-only the" Woman in White." lo this case his proviso is that it prevents the question being Tented the Court from granting any in-loss must have been very difficult to prove; it raised in the Summary Jurisdiction whether quiry at all, only the one item, the special could only be a matter of speculation and pro- plaintiff or defendant has attained the full age of damare, came in question for decision. I am | babilities, but he was awarded damages assessed 21 years or whether the plaintiff or defendant is a not aware of any express decision upon this at £ a week during the continuance of the married woman, where the husband is not resident point. Can the owner of the houses the com- | injunction. On the whole I am of opinion in the colony. Defences of infancy and coverture pletion of which has been wrongfully delayed by that the defendant has sustained damage by are, in the English county courts, defences of an interim injunction recover damages for bo-
reason of the stoppage of the building operations which special notice has to be given, and to enable ing doprived of the chanc; of obtaining ordinary by the interim injunction by being deprived of the truth of such pleas to be tested the county reasonable rent from the date when but for such the chance of obtaining ordinary reasonable rent court roles required "the place and date of Injunction the houses would have been finished | from the date when bit for such injunction the | birth" to be set out in the notice of special de- ready for letting, and for so long as such com- houses would have boon finished ready for letting fence of infancy; while they also required the pletion was delayed solely by that wrongful in- and for so long as such completion was delayed place and date of marriage together with the junction? One must decide therefors upon solely by that wrongful injunction; and I am of | Cuzistian names and surname of the husband principle and analogy. Admitting that as stated opinion he ought to be a lowed componsation for and his address and description so far as in Kerr on Injunctions, 3rd ed. p. 639, The snoh loss. I therefore direct the certificate to known" to be stated in the notice of the de- damages must be confined to the loss which is be referred back to the Acting Rɔgistrar to take fence of coverture. One can well coderstand the the natural consequence of the injunction, no- further evidenc+ (if he deems it nece sary) and to difficulty in this colony in the year 1845 of test- der the circumstances of which the party obtain assess the damage accordingly. I make no ordering the truth of a plea of infancy where the place ing the injunction had notice," the question as to costs as each party has partially succeeded of birth would obviously not be Hougkong, which arises: Was not the natural consequenos" of and I certify for counsel,
had then ben so recently ooded to England. the injunction delay of completion and post-
The like difficulty would arise as to the plen pocement of the chance of letting? The houses
of coverture, where the husband was not resident must clearly bave been built either for lettiar
in Hongkong. I can therefore, see at lea«t\\no or else for the owner's own use and occupation
autecedent improbability that, in face of this In Smith v. Day, Brett, L. J., says (p. 428) ;-
difficulty and considering the balance of con- **If anyone obtains an injunction preventing
venience, the Legislature shonlil, in cases of another from proceeding with a building he must be taken to have notice of everything in the
trifling amount, prevent the raising of these de fences at all. When, moreover, section 25 of building contract." If so, must not Mr. Belilios be taken to bave had notice that the defendant
of special defuncs, is referred to one would stipulated under penalties of $10 a day for comple-
certainly hire expected to find "infancy" tion on 11th November, 1893, or, in other words,
nad “corertare specially mentioned among must not Mr. Balilios be taken to have notice The Chief Justice delivered judgment as fol. the others, naless it had been intended that they that the defendant attached much importance to lows:-This is an appeal to the full Court by were not to be set up at all, owing t› section the early completion of the buildings. What | the defendant in the above suit against a judg- 11. Again, while the sections beginning is the natural consequence" of preventing that ment given against him for $200 and costs. It with No. 20 are grouped under the beading early completion bat loss to the owner either of appeared that at the time the $200 was lent to
Summary Procedure and Practice," it is to use and occupation or of the chanos of obtaining him he was under 21, although he was over be observed that section II is one of four sectiona reasonable rent. In this case it was not that age when the writ of summons was issued.grouped nuder another heading, viz., “ Summary suggested the owner intended to live in the The money was not leat for the purchase Jurisdiction at Law," which looks as if it was promises himself, so the question is narrowed of necessaries, and if he could stupa intended to deal with more than the mere down to this was not the "natural conseqnence " p'ea of infancy in the Supreme Court, sitting question of procedure, whether a guardian að of the delay caused by the injunction loss to in the exercise of its Summary Jurisdiction. litem must be appointed, for instance. Without, the owner of the value of the expectation of he would have a good defence, The learned however. attaching andue importance to minor reasonable rent during the period of such en-Judge held that ples could not be set up in Sum-
matters, aud looking at the Ordinanos its it të forced delay? In the case of In re Trent mary Jurisdiction and give judgment against ascertain the fair meaning of the section, I hold
•. Humber Co., ex parte Cambrian Steam Packet the defendant. Thereupon the defendant ap that in this case s-otion 11 prevented the ples of Co., L. R. 6. Equity cases, p. 396, it was held pealed. The appeal is on a case stated by the infancy being set up iu summary jurisdiction as that where a ship contracted to be repaired in a parties under section 41 of the Supreme Court all, and did not merely mean that a guardian ad certain time was not completed and delivered Summary Jurisdiction Ordiuanos, 1873, and lilem was made unnecessary. 1 do not think the till long after, one item of damage to be al- the question of law which the full Court has to
seotion means that while the defendant may be lowed was the net profits which under all decide is: (a) Whether section 11 of Ordinance sued the snit is to bɔ defeated by
bis alleg the circumstances the company might have of 1873 does away with the plea of infancy in the ing he had nɔt attained the fall age of 21, obtained by chartering the vessel if she Summary Jurisdiction of the Supreme Court; or So far as I am able to ascertain that has had been delivered at the proper time. La (b) whether such section applies to procedure been the view of the section hithert taken by that case the counsel for the Cambrian Co. says only by enabling an infant to sue or baned the judges exercising summary jurisdiction, no at p. 402:-" We show that we had in contem- without a next friend or guardian ad litem that my decision in no way alters the practice plation a charter party for the ship at the rate The words of section 11 are as follows:-"No hitherto prevailing In the circumstances I of £320 a month and although it is admitted that persou shall be precluded or exempted from consider the app should be dismissed with we cannot recover from the Trent Company the suing or being sued for any debt or damages not whole rats of freight which could have been exceeding $1,000, by reason of his not having obtained on a contract so special in character attained the full age of 21 years or by reason of we claim that which represents the meau covertura where the husband shall not be re- ordinary rate of freight during the period which sident in the colony." In the particular case the default of the Treat Company has deprived before us the relevant words are as follows us of the use of the ship, in other words the -No person shall be precluded or exempted the average profit which would result from the from being sued for any debt or damages ordinary use of the article for the purpose to not exceeding one thousand dollars by reason which the Treat Company understood aut of his not baring attained the full age of it would be applied. And he then twenty-one years.” Mr. Francis, QC, for the quotes Cory v Thames Ironworks Company, appellant contended, in substance, that those LR3QB. 181. It may not be easy to assess words really meant only this--that it was not the loss occasioned by being deprived of the necessary to appoint a guardian ad litem where
· opportunity of letting the premises for ten an infant was sued in the Summary Jurisdio months, but as Cockburn, C. J, said in Simpson tion of the Supreme
Court; v. London and North Western Railway Co., Leach, QC., with whom Was Mr. Sharp, I Q.B.D. 274, where it was alleged that it was for the respondent, contended the true in- impossible to ascertain the damages, I think terpretation of the words was that they did there is no such impossibility. To some extent no away with the plea of infancy in gum. doubt they must be matters of speculation, but mary jurisdiction and that such a defence could this be resp &ot awarding any damages not be there set up. When the words of this sec- at all." It would be very
man has tion are traced back in the local Ordinances it will sunk a large sum of money in house-build and be found that they occur as far back as in section just before the time when he expects to recen1 of Ordinance 9 of 1845. That was an Ordin- the profits of his investment in the shape of rent to invest the Supreme Court with sum- the completion of the premises is to be wrong. mart jurisdiction in certain cases, and recited fully stopped and the man is to be told perhaps that was expedient that debts and damages of if you had been allowed to complete you might | a small and trifling amount should be recoverable not have found tenants so the damage is too in the Supreme Court in a summary and expedi- speculative to permit of your recovering any tious manner." It conferred the su amary juris. compensation. In the case of Schlesenger v. diction in certain cases not exceeding $100 and Bedford, Weekly Notes for 1893, p. 57, an actor it contained a proviso precisely similar to sec- was wrongfully prevented by injunction from tioa 11 of Ordinance 14 of 1873. The limit in performing his dramatized version of The Summary Jurisdiction had risen between 1845 Woman in White
on a provincial tour he con- and 1873 from $100 to $1,000, but, in my opinion, templated undertaking. Thereupon he gave up the words of section 11 mean precisely the same the tour, which, however, he might have gone on 'as those of the proviso in section of OrdinanceTM
SAJU
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costs.
Mr. A. G. Wise, Acting Paisne Judg, con- ourred.
ST. PATRICK'S DANCE.
To say that St. Patrick's Dance, which was given in thy City Hall on the 18th inst, wan brimful of joy and merriment savours some. what of tautology Irishmn do not could not-celebrate their Saint's day in a half-hearted manner; it is a characteristic of their race that when they undertake to commemorat, any im portant event connected with the history of their native country they accomplish the pleasing while Mr.task in a manner that is absolutely free from blemish. Their patriotism is too deep seated for a meagre display of their enthusiasm, and one can always rely upon receiving a hearty welcome to any one of their celebrations. The success of Mon daynight's dance was complete. Agorgeous show was not attempted, because as Major Moore, the indefatigable honorary sy once madartiz marked, this is a dane Mackay on the the hall presented a deluo dribble in his pearance. There was the left Campbell ant social re-unions, toendered themselves dancing room; there game. An attuok the hall look brighten stopped by the take part in the day and Maitland, the ball by a feeling off right wing aŭd a shot and shamrock effectually sent it away, room was a bug which was received by other and waght into the mouth of the land, and Seting and Pratt then cleared Separabit "forwards to make progress is to the bon. Shelford having carried decoratedthe field then passed to Arbata.
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