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been the voluntary act of the contractors. The question then is, was this contingency which has occurred within the contemplation of the parties when they entered into the stipulations relating to the plaintiff's remuneration, or rather, perhaps, is the language in which they have embodied those stipulations wide enough to cover the contingency which has occurred and to ensure the continuance of the plaintiff's remuneration, notwithstanding the occurrence of the contingency? I think the answer must be in the negative; that words might easily have been inserted in the agreement, making the plaintiff liable in any event, but they are absent; and that the result of their absence is that the agreement has fallen with the building contract and the plaintiff is not liable to make good the claim of the defendant to remuneration on the sum of $17,500 beyond that which he has already received.
This decision on the principal claim is decision on equivalent to a
the subsidiary alaims with respect to the extra payments and the monthly salary.
The judgment of the Court, then, is in favour of the plaintiff, and she is entitled to a decree in the terms of the prayer of her petition to which I have already referred, and also to her costs of suit.
THE HONGKONG WEEKLY PRESS AND
The Fuisne Judge-We cannot hear any arguments on a case stated like that. -
The Chief Justice-The best course is to postpone the motions for leave to appeal by way of rebearing. We wish it to be laid down as a rule of practice that in cases of a motion for leave to appeal by way of rehearing a copy of the depositions must be sent up for each of the Judges. At present there is only one copy. The Puisne Judge-I did not see any papers until this morning and I thought there was only one appellant.
The Attorney-General-The depositions were taken when the appellants w. re tried together.
I did not see The Puisne Judge-I know. the depositions until ten o'clock this morning and then I got a notice of motion in only one case-Wong Tsuk Lam.
The Chief Justice- As soon as the case comes back we will fix an early date for the hearing.
Mr. Francis-May I take it that your Lord. ships are going to give instructions for the stated case to be amended ?
The Chief Justice-Instructions will be given for the case to be amended more carefully and correctly. It is not in the proper form There is a mass of eliminations and cor- rections and I do not think that is quite right. The case must also be more fairly stated.
The Court then adjourned.
LOW.
[January 13, 1889. Sherrifmuir, gentlemen, may I remind you, is on the Ochil Hills, in Perthshire, and is the place of my birth. No better example of the changes which the "whirligig of time brings round could be imagined than that I, a Scotchman, should be here to-night endeavour- ing, however imperfectly, to propose the health of the Regiment which on the battlefields of Culloden, Falkirk, Glenshiel, and Sherrifmuir more Royalist shot down Scotobmen, who, " thun the King," died for a lost cause and for the sake of "Bonnie Prince Charlie," and that on the throne of the splendid British Empire a Sovereign should reign in whose veins the blood of the Stuarts flows strong and vigorous and who by virtue of that blood nobly adorns that angust throne as the legitimate Sovereign of the British Empire. The great historic battle at Waterloo recalls to recollection that there two of the greatest soldiers the world has ever seen-Wellington and Napoleon-faced each other in a fight for the mastery of Europe. The Regiment has taken part in many sieges and in many more captures, including Namur, Dunkirk, Valenciennes, Flushing, Sevastopol, Balaklava, St Lucia, St Vincent. Trinidad, Mauritius the gem of the Indian Ocean and a most importan haven and coaling station, &c. They also assisted in the conquest of Java, “the garden of the Eastern Seas," long before. Hong- kong was thought of. The Regiment were also in the front of one of the most serious battles England ever fonght in India, viz,, Bhurtpore. But I am unable to enter into further particulars of their achievements. I may, add that among names on their colours are Tournay, Corrunna, Java, Waterloo, Bhurtpore, The members of this Club entertained the Sevastopol, New Zealand, and Afghanistan. polo playing members of the 14th, West York- The Regiment's historical records are a blaze of shire, Regiment at a farewell dinner in the military bonour as well as distinguished gallan- Hongkong Club a few evenings before their try. Your worthy Colonel, Charles Steward departure for Singapore. The Hon. T. H.
Gordon, is no doubt of Scottish descent and he Whitehead occupied the chair, and the Hon. F. strongly resembles a Gordon Highlander. He The appellants sought to appeal by way of H. May, C.M.G., the vice chair, and amongst needs but the opportunity to do what fell to rehearing both on a point of law and of fact
those present were-Col. Charles Stewart Gor- Colonel Mathias the other day to accomplish from a decision of the Magistrate convictingdon, Major G. Grant Dalton, Captains Lush, and who, in addressing the Gordon Highlanders them of champerty.
Barry Drew, G. D. Price, and Messrs. R. G.
on the Indian Frontier when called upon to King, M. D. Wood, A. Spencer, and C. W. rush a strong position on the Dargai Ridge, said, “Gordon Highlanders, the position must be Gordon, Capt. Burney, R.A.. Capt. Loveband; and Messrs. D. Laudale, C. C. Platt, and G. H. taken at all costs and the Gordons will take it.' Potts, Messrs. C. N. Buzzard and P. H. Crnick-It is not necessary to say the Highlanders did shank, R.A., C. H. H. Nugent, and A B.nner man, R.E., and V. A. Lawford, K.N.
At the foot of the menu the following lines were appended --
}
11th January.
IN APPELLATE JURISDICTION,
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE) AND MR. A. G. WISE (PUISNE JUDGE.)
PANGA KOON CHEE AND WONG TSUK LAM, APPELLANTS, V. HON, F. H. MAY, RESPONDENT,
Mr. J.-J. Francis, Q.C. (instructed by Messrs. Wilkinson and Grist); appeared for Pang Koon Chee; Mr. M. W. Slade (instructed by Messrs. Deacon and Hastings) for Wong Tsuk Lam; and Hon. W. M. Goodman, Attorney-General (instructed by Mr. H. L. Dennys, Crown Solicitor), represented the respondent,
case
cor-
The Chief Justice-In this case there are two appellauts and the questions come before the Court in two forms in each case. There is a case stated raising questions of law in respect of each appellant and there is alsoja motion for leave to appeal by way of rehearing in respect of each appellant. With regard to the case stated my brother and I think that the
must
back go
to the Magistrate to be stated. more carefully and more rectly. It seems that the case was filed in the Registry and subsequently delivered back to the Magistrate to be amended. The case is not now in a convenient and proper form and the Court thinks it must be referred back to the Magistrate to be stated more accurately. More care should also be exercised in stating the facts of the two cases. Then in regard to the motion for leave to appeal by way of rehear- ing, of course we will proceed with those now if you gentlemen like, but I am inclined to think that the more convenient course would be to argue the question of law first. What do you say, Mr. Francis ?
Mr. Francis-I fully agree with your Lord- ship.
The Puisne Judge-I should like to say that I think this case must go back. The Court is not informed at all as the case is now stated.
The Chief Justice-What do you say, Mr. Attorney ?
The Attorney-General-There is the mai question as to whether the law of champerty is inforce in this colony or not. If it is held that the law of champerty is in force there is an end to all proceedings.
The Chief Justice Quite so.
A
The Attorney-General-On the other hand. if it is held that the law does apply it will necessary to state the application of that law very accurately to the two specific ceses. regards the case, I may say had nothing t do with the stating of it, but I am quite willing that the arguments should be heard now.
FAREWELL
THE
то BANQUET PRINCE OF WALES' OWN"
BY THE HONGKONG POLO CLUB.
So search the world all over, take the pastimes, one and all, No better game than Polo you can find;
For, like life, its twists and turnings teach us all to give And strengthen both the muscle and the mind.
and take,
So the flying ball we'll follow ever on from goal to goal, Till minutes into hours swiftly pass; And we vow no other pleasure in excitement can compare To such a glorious gallop on the grass
M
After the toast of the Queen," which was loyally honoured, the CHAIRMAN said-We have met together to try to do honour to the playing members of the 14th Regiment, who are so soon to leave Hongkong for Singapore, Pressure of business in these critical times has not permitted me the leisure to prepare a speech worthy of the occasion, or to justify my selection as your mouthpiece. The toast I have risen to propose is "Health and prosperity to the Prince of Wales' Own," & Regiment formed in 1685 out of a company of one hundred musketeers and pikemen, and which represents in a high degree the strength and the backbone of the British Army, viz., the British Infantry, & splendid Force unsurpassed in the world, of which General Foy, the French writer, said— Thank God there are so few of them" Since 1685 under various names and in almost every quarter of the globe the Regiment has by good | service, courage, and bravery earned many well deserved honours and distinctions and has added | materially to the glorious traditions of the British Army. The Regiment has been in many campaigns, including Flanders, the rimea, and Scotland, and has taken an hon urable part in numerous battles and actions. viz., Waterloo, Corrunna, Tournay, Famars, Glenshiel, Culloden, and Sherrifmuir. In the ́orrunna Sir John Moore received a mortal vound and his end recalls the words:
Slowly and sadly we laid him down
On the field of his fame, fresh and gory. We carved not a line, we raised not a stone But we left him alone in his glory,
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their duty, as the Fourteenth Regiment have
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done under similar circumstances over two cen- turies ago. The 14th were the first to arrive at the scene in Flanders in 1793, and after the capture of the Famars they formed part of the besieging army at Valenciennes and furnished a detachment for the storming of the Moshorn work. Col. Doyle in addressing them is reported to have said-" My lads, the general has done us a great honour. We have been selected to perform an important, and, I will not disguise from you, a dangerous duty. We have to carry yonder work, said to be mined underneath; we must carry it therefore in such fashion that the enemy may not have time, as he retires, to blow us and it up together. I want a hundred of you to follow me there. The whole Regi- Volunteers, 'Recover arms.' ment recovered as one man. "Very good,” said the Colonel," then I'll take the hundred men next for duty." And with the hundred men | next for duly the work was carried, and so rapidly that the enemy had no time to spring Britishers have every reason to their mine. be proud of such gallantry, and in all branches of manly sport in Hongkong, including the noble game of polo, at cricket, at football, at the Royal game of golf, in steeplechasing, &c., the Regiment has been in the van and in the various contests they have ever inspired the most healthy rivalry with fine sporting spirit. Col. Gordon has taken a deep interest in polo, and so bas the gallant Major Grant Dalton, who has been a subscribing member of the Club throughout. Grant is a good Scotch name and the genial Major' possesses in an eminent degree the best qualities of the race that hails from north of the Tweed. He was in great fettle and played quite at the top of his best Mr. form when the Regiment d feated the Royal Hongkong Golf Club the other day. Wood has been simply invaluable, whether at polo, at cricket, at golf, steeplechasing, or any other sport, and he is unquestionably the best all round man in Hongkong to-day. Young Gordon makes a splendid opposing "back
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