March 9,1003,
xt:17 Hollywood Road, obtained judgment on 18th February against Ho Wong, owner of the Tung Tak Li junk, No. 405, for $515 principal | and interest on 'money leut. After judgment was given in her favour Leung Bhi issued writ of execution and seized the junk. Subsequently the Ho Tang Hop issued an in- tor pleader sum cons claiming the junk to be theirs. Mr. John Hays, of Merers. Johnson, Stokes & Muster, solicitors, appeared for the olaimant and Mr. F. X. d'Almada e Castro solicitor, for the execution creditor.
Ho Shek Tai, master of the Ho Tung Hop, stated in evidence that the junk was bought by his mother. He produced two Chinese documents relating to the sale of the junk and said that the Ho Tung Hop had existed for over 40 years and that the money with which his mother bought the juuk belonged to the estate of his father, but that no lease of administration had been taken out to his father's estate.
His Lordship, in these circumstances, adjourn- ed the case till to day to allow Mr. Hays to 1econsider his position.
IN APPELLATE JURISDICTION.
BEFORE THEIR Honours SIR WILLIAM M. Goodman (Chief Justice) AND A. G. WISE (PUISSE Judge.)
of
A BELATED NOTICE,
ou
Mir H. E. Pollock K.C. (instructed by Mr. Paget Hett of Messrs. Mounsey and Bratton, solicitors), appeared in support motion for leave to appeal against a decision of Mr. Justice Wise Thurs day of last week in the case Chin Tat Tsua e. Yau Sai Chi, in which p'aiutiff claimed $236 for damages done to his house at 210, Queen's Rod Contral by the collapse of the wall of the defendant's house; ju 'gmeut having been given for the defendant
The Chief Justice said he would like to call attention, before the cas was proceeded with, to the fact that it was extremely inconvenient that the first notice the Judges should get that they were desired to sit as a Full Court should be, so far as he was c ncerned, about one o'clock. It might bɔ that there was dif ficulty in getting the necessary papers ready but there was no difficulty in applying for the Court to be constituted some days beforehand and not on the last day on which the motion could be heard. It so happened that Mr. Justice Wise and himself were able at that very short notice to constituts the Fall Court but he would like to pint out that in future if they could not grant a Court on that day there would be no extension of time unless proper notice was given, because if a man knew on Monday or Tuesday that he was going to appeal ou Thursday it was quite poss ble for him to go to the Registrar of the Court and ask that there should be a Court on Thursday or as the Judges might arrange to hold it.
The Pasine Judge remarked that he did not see why they should not have got notice sooner, Mr. Pollock said he understood that a certain -party was in the country and that that was the
reason for the delay.
The Pasiue Judge stated that before he ever gave his decision in the case the plaintiff annonne d his intention of appealing. That gave them plenty of time to make their aplication; it was eight days ago. He did not see that Mr. Pollock's client had any excă e at all,
Mr. Pollock expresed regret that their Lord. ships should have been put to this iucon-
venience.
The Chief Justice made an entry in his notes to the effect that in future if the required notica was not given in reasɔnable time, unless under very exceptionable circumstances, the -person desiring to appeal would have only
himself to blame it he was out of time.
Mr. Pollook was proceeding to state the facts f the cise, when
The Paisne Judge (interposing) said that he sd not got a copy of the pleadings or anything elset. It had been laid down over and over again copies of these documents must be supplied Vulges,, The motion was absolutely in
"This thing was: getting worse and The Chief Justice said he never granted leave
CHINA OVERLAND TRADE REPORT.
to appeal unless he was enabled to judge as to whether he agreed with the view of the law as taken by the learned Judge in the Court below; therefore he wanted to-see his notes and to 830 what the evidence was,
The Puisse Judge-It has heen done. The Chief Justice-But in very exceptional cases Proceeding, he said he understood that in this case the applicant had stated his intention to appeal if "the decision was against him, before the decision was given. Knowing he was going to appeal it was his duty to give notice soover.
Mr. Pollock replied that there were a great many things to consider, The sinews of
war were one,
The Chief Justice said that the applicant who took several days to make up his mind must not blame the Court if his consideration of ways and means had the result of making the time go and he was too late.
|
After hearing Mr. Pollock further in Lis Argument,
The Chief Justice said there were at least two of the propositions in law dispated in the motion which Mr. Justice W se said wero never laid down by him. It struck him that it would be more satisfactory to have the case re-heard.
Mr. Pollock stated his willingness to leave himself in their Lordships' hands.
An adjournment was made without prejudice to any application for a rehearing.
Mr. Pollock-I am much obliged to your Lordships.
|
their partnership. score at 118 ho at the wicket by tinued his merry
tile the long felding
179
Bably 5 most
130 was well caugh Mr. Pollock suggested that an adjournment | No. 1 Coolie who might be made to allow of the required papers existent eleventh man, contribution being provided. Sometimes the Court had"ext | a useful 31. Bird was the only others and adjourned on application.
the aide to give any fr.uble, but he no one to stay with him and the inninga for the moderate score of 146, ✅ Sourow trary to general expeotation, ~and~ much to his own surprias Gray was successful bowler, taking 5 wickets for 35. and, but for an extremely expensive over just after tiffia, from which 18 runs were scored, analysis would have boon a very dattering:, Punnett bowled steadily and well and seen 4 wickets at a cost of 48 runs. Hanoook, it is a pleasure to welcoino back to the scene c many former triumphs, and who, by the way been doing great things af cricket in Japan, was in excellent form behind the wickets and was re-pous ble for the dismissal of 4 batsmen, at least two of the catches being particularly smart ones. The fielding, with one or two exceptions, was better than usual. "Cooke and Lampen started the batting for the young- sters and the score was taken to 22 before Lampen was bowled for a useful 12. Cooke and Punnett both experienced some luck early in their innings, as both of them were badly missed at the wicket. The " oldsters" were much handicapped by a steady drisale coming on at this time which made the ball slippery and difficult to bold; the wicket, which had been none too good when dry, also became Barier through this cause and consequently runs came freely from the somewhat inaccurate bowling. However, with the scorent” 61, Cooke Was bowled for a useful though lucky 23, and it still looked to be moy. body's game. On Carter joining Pannett, however, a determined stand was made and gradually put the issue beyond doubt and, with both playing really good cricket, they indeed, were not separated until the score had reached 185. At this total, Carter was bɔwled for 收益 admirable 57 which, so far as could be seen, contained no chance at all. As this is the second 60-made by this young player in eight days, it is clear that he is a person to bé reckoned with in the constitution of any team, especially as he is by no means a bad bowler. After his departure, Pannett continu d to play really excellent cricket and was not disposed of until the score had reached 210, at which total be was caught in the long field for an altogether excellent 104. He gave one or two chances early in his long. innings but, apart from these mistakes, his batting was almost faultless and a treat to watch. The other
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of fact
CRICKET.
OVER 29 v. UNDER 29, Owing to the fact that several members of the originally selected team, “cried off" at the last minute, and to make the sides more equal, both numerically and otherwise, it was found necessary to change the title of the match on the 28th alt. from “Over 3) u. Under 30" to the one given above. A variety of circumstanoss prevented many of the regular players from taking part iu this game, but, allowing for these, there surely must be something very “rotten in the Stats of Denmark" when, out of a member. ship, including Naval subscribers, of something over five hundred, only sixteen men can be found willing and able to play! As a matter there were teu players on each side but fou out of the twenty were neither members or Naval subscribers! It would sem that c icket in Hongkong is coming to a sorry pass indeed when it is found to be impossible to raise two full elevens for a Sa'urday match. and that on a day when there was no special naction going on to keep players away. Thi fnly conclusion that can be arrived at is, that the cack of onthusiasm which is, more or 1-8. manifest in everything that goes on in this Colony is making itself apparent even in our national game. This is a state of things much to be deplored and it behoves every member of the H.K.C.C. to make mor, effort and to show more keenness if matters are to be prevented from going from bad to worse. abore match was the second of its title that has been played this season. The first ended in a victory for the “old us by 82, thanks chiefly to a fine innings of over 100 by France- Bayburst. In the match under discussion, how- ever, the 'young`ans” had their revenge and this, curiously enough, by exactly the same number of ruas,
*
15
The
Ward won the toss for the Over 29's" and a start was made at noon, an hour
the after
proper time ! Allenby and Lowe were the first pair of batsmen and 'both played good cricket and scored frely. The soore was taken to 63 before the former was bowled for a capital 29 Lowe continued to play well and was not disposed of until he had made 44-an invaluable innings and free from fault. Fawcett, who seems to have struck a run of “bad luck, did not stay long but Ferrier and Ward made a useful stand, adding 35 runs during
men
on the side give very little troub'e as may be judged from the fact that they only Noored-including extras➡3 : between them, and the innings closed for the creditable total of 228 -82 in advance of their opponents. Lamble was much the most successful "bowler, -taking 4 wickets for 43 runs, and it was' a pity that he was not tried sooner. The rain was some excuse for the poorness of the fielding and the youngsters certainly had this same element to thank to some extent for their comparatively The following "are" the full easy victory.
scores ant analyses: –
Lt. Allenby, R.N., b Punnett A. R. Lowe, b Punnett Col. Ferrier, A.P.D., o Hancock, b Punnett 18 Capt. Fawcett, R.A., & Hancock, b Gray 5 A. G. Ward (capt ), o sub., b Gray 31. B. E. O. Bird, not out.......
་་་་་་་་་
E. W. Maitland, o Punnett, b Gray.. W. Dennis, o Hancock, ↳ Punnett muzie Rev. A. J. Dexter, é Hanoook. b Gray. P. T. Lamble, e Young, b Gray -- a cũ
Extras ju............fe
Total
G. A. Coôte, B.N 1t. L. O. Lamper A. d'A. Pursett, B. H. Carter T. C. Gray, H. Hanood G. NAI
Sab. 1
Lamble 104